[Congressional Record Volume 145, Number 19 (Wednesday, February 3, 1999)]
[Senate]
[Pages S1150-S1151]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself and Mr. Inouye):
  S. 339. A bill to amend the Indian Gaming Regulatory Act, and for 
other purposes; to the Committee on Indian Affairs.


            INDIAN GAMING REGULATORY ACT AMENDMENTS OF 1999

  Mr. McCAIN. Mr. President, I rise today, along with my distinguished 
colleague, Senator Inouye, to propose the Indian Gaming Regulatory Act 
Amendments of 1999. The good Senator and I have sponsored this bill for 
the past four years because of our continuing belief that we must 
strengthen the Indian gaming law and protect the authority of tribal 
governments to engage in gaming activities.
  Senator Inouye and I have sat through hundreds of hours of 
discussions with Indian tribes, the States and interested parties over 
the expansion of Indian gaming. While the interest grows stronger in 
amending IGRA, a proposal has not been endorsed by either the Tribes or 
the States. Our intention in forwarding this bill is to once again set 
forth a balanced and fair discussion over necessary changes to the 
Indian gaming law.
  The bill we are introducing today will provide for minimum federal 
standards in the regulation and licensing of class II and III gaming as 
well as all of the contractors, suppliers, and industries associated 
with such gaming. This will be accomplished through the Federal Indian 
Gaming Regulatory Commission which will be funded through assessments 
on Indian gaming revenues and fees imposed on license applicants.
  In addition, this bill is consistent with the 1987 decision of the 
U.S. Supreme Court in the case of California v. Cabazon Band of Mission 
Indians in that it neither expands or further restricts the scope of 
Indian gaming. The laws of each State would continue to be the basis 
for determining what gaming activities may be available to an Indian 
tribe located in that State.
  Under the Indian Gaming Regulatory Act of 1988, Indian tribes are 
required to expend the profits from gaming activities to fund tribal 
government operations or programs and to promote tribal economic 
development. Profits may only be distributed directly to the members of 
an Indian tribe under a plan which has been approved by the Secretary 
of Interior. Virtually all of the proceeds from Indian gaming 
activities are used to fund the social welfare, education, and health 
needs of the Indian tribes. Schools, health facilities, roads, and 
other vital infrastructure are being built by the Indian tribes with 
the proceeds from Indian gaming.
  In the years before the enactment of the Indian Gaming Regulatory Act 
and in the years since its enactment, we have heard concerns about the 
possibility for organized criminal elements to penetrate Indian gaming. 
I believe the Act provides for a very substantial regulatory role and 
law enforcement role by the States and Indian tribes in class III 
gaming and by the Federal government in Class II gaming. The record 
clearly shows that in the few instances of known criminal activity in 
class III gaming, the Indian tribes have discovered the activity and 
have sought Federal assistance in law enforcement.
  Indian gaming will continue to be scrutinized because of its 
increasing prominence in our nation's economy and political spectrum. I 
believe that any proposal to amend the Indian gaming law should respect 
both the rights of the Indian tribes and the States, while recognizing 
the benefits of well-regulated gaming to both Indian and non-Indian 
communities. I look forward to working with my colleagues and all 
affected entities on a continuing dialogue to protect the integrity of 
Indian gaming.
  I ask unanimous consent that a section-by-section analysis be printed 
in the Record.
  There being no objection, the item was ordered to be printed in the 
Record, as follows:

                      Section-by-Section Analysis

       Sections 1-3 set forth the title, findings and purpose of 
     the Act.
       Section 4 amends the Indian Gaming Regulatory Act to revise 
     definitions.
       Section 5 establishes (in lieu of the National Indian 
     Gaming Commission) the Federal Indian Gaming Regulatory 
     Commission as an independent U.S. agency. It directs the 
     Commission to establish minimum Federal standards for 
     background investigations, internal control systems, and 
     licensing. The Commission is granted investigatory authority.
       Section 6 sets forth the powers of the Chairperson of the 
     Federal Indian Gaming Regulatory Commission.
       Section 7 sets forth the powers and authority of the 
     Commission.
       Section 8 sets forth the regulatory framework for class II 
     and III gaming.
       Section 9 directs the President to establish the Advisory 
     Committee on Minimum Regulatory Requirements and Licensing 
     Standards.
       Sections 10, 11, 12, 13 and 14 set forth requirements for: 
     (1) licensing; (2) conduct of class I, II, and III gaming on 
     Indian lands; and (3) contract review.
       Sections 15 and 16 set forth civil penalty and judicial 
     review provisions.
       Sections 17 and 18 fund the Commission from authorized 
     appropriations and class II and III gaming fees.
       Section 19 applies specified tax withholding and bank 
     reporting requirements to Indian gaming operations. Requires 
     the Commission to make certain law enforcement information 
     available to State and tribal authorities.

[[Page S1151]]

      By Mr. ALLARD:
  S. 340. A bill to amend the Cache La Poudre River Corridor Act to 
make technical corrections, and for other purposes; to the Committee on 
Energy and Natural Resources.


    technical corrections to the cache la poudre river corridor act

  Mr. ALLARD. Mr. President, today I am introducing a bill to amend the 
Cache La Poudre River Corridor Act to make technical corrections.
  This Act became Public Law on October 19, 1996 thanks to the 
diligence and hard work of Senator Brown, my predecessor. The purpose 
of this Act is to designate the Cache La Poudre Corridor with the Cache 
La Poudre River Basin. The Poudre Corridor provides an educational and 
inspirational benefit to both present and future generations, as well 
as unique and significant contributions to our national heritage of 
cultural and historical lands, waterways, and structures within the 
Corridor.
  It is important that the following technical corrections be made to 
ensure that this act is interpreted and implemented correctly.
                                 ______