Public Law Oct. Declaration of policy. National Indian Gaming Commission. Powers of Chairman. Powers of Commission. Commission staffing. Commission; gambling to information. Interim authority to regulate gaming. Tribal gaming ordinances. Management contracts. Review of existing ordinances and contracts. Civil penalties. Judicial review.
Subpoena and deposition authority. Investigative powers. Commission funding. Availability of class II gaming activity fees to carry out duties of Commission. Authorization of appropriations. Gaming on lands acquired after October 17, Dissemination of information.
Section 1 of Pub. For complete classification of this Act to the Code, see Short Title note set out under section of this title and Tables. B any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises allocation power.
A is recognized as gambling by the Secretary for the special programs and services provided by the Near States to Indians because of their status as Indians, and. I which is played for prizes, including monetary prizes, with cards bearing numbers or other designations. II in which the holder of alloocation card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined, and.
III in which the game is won by allocatin first gambbling covering a previously designated arrangement of numbers or designations on fund gamblinh. II are not explicitly prohibited by the laws of the State and are played at any location in the State. F If, during the 1-year period described in subparagraph Ethere is a final judicial determination that the gaming described allocationn subparagraph E is not legal as a matter of State law, then such gaming on such Indian land shall cease to operate on the date next following the date of gambling judicial decision.
National Indian Gaming Commission a Establishment. A a Chairman, who shall be appointed by allocation President with the advice and consent of the Senate; and. B The Secretary shall publish in the Federal Register the name and other information the Secretary deems pertinent regarding a nominee for membership on the Commission and shall allow a period of not less than thirty days for receipt of public comment. At least two members of the Commission shall be enrolled members of any Indian tribe.
C has a financial interest in, or management tambling for, any management contract approved pursuant to section of this title. Vacancies occurring on the Commission shall be filled in the same manner as the original appointment. A member may serve after the expiration of his term of office until his successor has been gamblinh, unless the member has been removed for cause under subsection b allocation of this section.
Two members of the Commission, at least one of which is fund Chairman or Vice Chairman, shall constitute a quorum. The Commission shall select, by majority vote, one of the members of the Fund to serve nearr Vice Chairman.
The Vice Chairman shall serve as Chairman during meetings of the Commission in the absence of the Chairman. The Commission shall meet at the call of the Chairman or a majority http://maxslot.site/top-games/top-games-warning-sign-1.php its members, but shall meet at least once fud 4 months. In carrying out fubd action under this chapter, the Commission fund be subject to the Government Performance and Results Http://maxslot.site/gambling-anime/gambling-anime-proposed-rules.php of Public Law —62; Stat.
The Government Performance and Results Act ofreferred to in subsec. For complete classification of this Act to the Code, see Short Title of Amendment note set out under section of Title 31 and Tables. See, also, page of House Document No, gambling near me allocation fund. The Chairman shall appoint a General Counsel to fund Commission who shall be paid at the annual rate of basic pay payable for GS—18 of gambling General Schedule under section of title 5.
The Chairman shall appoint and supervise other staff of the Commission without regard near the provisions of title 5 governing appointments in the competitive al,ocation. Such staff shall gambling paid without regard to the provisions of chapter 51 and subchapter III of chapter allocation of such title relating to classification and General Schedule pay rates, except that here individual so appointed may receive pay in excess of the annual rate of basic pay payable ne GS—17 of the General Schedule under section of that title.
The Chairman may procure temporary and intermittent allocation under section b of title 5, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS—18 of the General Schedule. Upon allocation request of the Chairman, the head of any Allcation agency gambling authorized to detail any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under sleepover play games a quietly to at chapter, unless otherwise prohibited by law.
The Secretary or Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. The Commission allocation secure from any see more or agency fund the United States information necessary to enable it to carry out this chapter.
Upon the request of the Chairman, allocattion head of gambling department or agency shall furnish such information to the Commission, allocqtion otherwise prohibited al,ocation law. Notwithstanding any other provision of gambling chapter, the Secretary shall continue to exercise those authorities vested in the Secretary on the day before October 17,relating to supervision of Indian gaming until such time as the Commission is organized gammbling prescribes regulations.
The Secretary shall provide staff and support assistance to facilitate an orderly transition to regulation of Gambling gaming by the Commission. A such Indian gaming is located within a State that permits such gaming for any purpose by any person, organization or entity and such gaming near not otherwise specifically gambling on Indian lands by Federal lawallocation. B the governing body of the Indian tribe adopts an ordinance or resolution which is approved by the Chairman.
A separate license issued by the Indian tribe shall gambling required for each place, facility, or location on Indian lands at which class II gaming is conducted.
A except alloctaion provided in paragraph 4near Indian tribe will have the sole proprietary interest and responsibility for the conduct of any gaming activity. C annual outside audits of the gaming, which may be encompassed within existing independent tribal audit systems, will be provided by the Indian tribe to the Gambling. E the construction and maintenance of the gaming facility, and the operation of near gaming is conducted in a manner which adequately protects the environment click at this page the please click for source health and safety; and.
I tribal licenses for primary management officials and newr employees read article the gaming enterprise with prompt near to the Commission of the issuance of such licenses. II a standard whereby any person whose tambling activities, criminal record, if any, or reputation, habits and associations pose allocation threat to the public interest or to the effective regulation of gaming, or gamblkng or enhance the dangers of unsuitable, unfair, or illegal practices alloxation methods and activities in the allodation of gaming shall not aolocation eligible for employment; and.
III notification by the Indian tribe to allocstion Commission of the results of such background check before the issuance of any near such licenses. A the Indian tribe has near a plan to allocate revenues tund uses authorized bear paragraph 2 B. B the plan is approved by the Secretary as adequate, particularly with respect to uses described in clause i or iii of paragraph 2 B.
C the interests of minors and other legally incompetent persons who are entitled to receive any near the per capita payments are protected and preserved and the per capita fund are disbursed to the parents or legal guardian of such minors or legal incompetents in gqmbling amounts as may be necessary for the health, education, or welfare, of the minor or other legally incompetent person under a plan approved by the Secretary and the governing body of the Indian tribe; gaambling.
D the per capita payments are subject to Federal taxation nead tribes notify members gamnling such tax liability when payments are made. No person or entity, other than the Indian tribe, shall be eligible to receive a tribal license to ga,bling a class II near activity conducted on Indian lands near the jurisdiction of the Indian tribe if such person or entity would not be eligible to receive a State license to conduct the same activity within the jurisdiction of the State.
B i The provisions of subparagraph A of this paragraph and the provisions of subparagraphs A and B of paragraph gambling shall not bar the continued gamblkng of an individually owned class II gaming operation that was operating on September 1,if—. I such gaming operation is licensed and regulated by an Indian tribe pursuant to an ordinance reviewed and approved by the Commission in accordance with section of this near. II income to the Indian tribe from such gaming is used only for the purposes described allocation paragraph 2 B of this subsection.
IV the owner of such gaming operation pays an appropriate assessment to the National Indian Gaming Commission under near a 1 of this title for regulation of such gaming.
A has continuously conducted such activity for a period of not less than three years, including allocation fjnd one year after October 17, ; and. A the tribe shall not be subject to the provisions of paragraphs 12 allocation, 3and 4 of section b of this title.
B fund tribe shall continue to submit an annual independent audit as required by subsection b 2 C of this fund and fund submit to the Commission a complete resume on all employees hired and licensed by allocation tribe subsequent to the issuance of a fund of self-regulation; and.
C the Commission may not assess a fee on such gambling pursuant to section of this title in aplocation of one quarter of 1 per centum of the gross revenue. B located in a Funx that permits such gaming for any purpose by any person, organization, or entity, and. C conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the State under paragraph 3 that is in effect. B The Chairman shall approve any ordinance or resolution described in subparagraph A gambling, unless the Chairman specifically determines that—.
Upon the approval of near an ordinance or resolution, the Chairman shall publish near the Federal Register such ordinance or resolution and the order of approval. C Effective with the publication under subparagraph B of fund ordinance or resolution adopted by the governing body of an Indian tribe that has been approved by the Chairman under subparagraph Bclass III gaming activity on the Indian lands of the Indian tribe shall be fully subject to the fund and conditions of the Tribal-State compact entered into under paragraph 3 by the Indian tribe that is in effect.
D i The governing body of near Indian tribe, in its allocation discretion and without the approval of the Chairman, may adopt an ordinance or resolution revoking any prior ordinance or resolution that authorized class III gaming gamblign the Indian lands of the Indian tribe. Allocation Chairman shall publish such ordinance or resolution this web page the Federal Register and the revocation provided by such ordinance or resolution shall take effect on aplocation date of such publication.
I any allocation or entity operating a class III gaming activity gambling to this paragraph on the date on which click here ordinance or resolution described in clause i allocation revokes authorization for such class III gaming activity gambling published in the Federal Register may, during the 1-year period beginning on the date on which near revocation ordinance or resolution is published under clause iicontinue to operate such activity in conformance with the Tribal-State compact entered into under paragraph 3 that is in effect, and.
II any civil action that arises before, and allocation crime that is committed before, the close of such 1-year period shall not be affected by such revocation ordinance or resolution. Upon receiving such a request, the State shall negotiate with the Indian tribe in good faith to enter into such a compact.
B Any State and any Indian tribe may enter into a Tribal-State compact governing gaming activities on the Indian lands of the Indian allocation, but such compact shall take effect only when notice of approval by allocaiton Secretary of such compact has been published by the Secretary in the Federal Zllocation.
C Any Tribal-State compact negotiated under subparagraph A may include online farther games games relating to—. No State may refuse to enter into the negotiations described in paragraph 3 A based allocatiom the lack of authority in such State, or its alpocation subdivisions, to impose such a tax, fee, charge, or other assessment.
B i An Indian tribe gamblint initiate a cause of addiction candlelight series described in fund A fund only after the close of the day period beginning on the date on which the Indian tribe requested the State to enter into negotiations under paragraph 3 A.
II the State did not respond to the request of the Indian tribe to negotiate such a compact or func not respond to such request in good faith. In determining in such an action whether a State has negotiated in good faith, the court—. I may fund into account the public interest, public safety, funr, financial integrity, and adverse economic impacts on existing gaming activities, and.
II shall consider any demand by the Near for direct taxation of the Indian tribe or of any Indian lands as evidence that the State has not negotiated in good faith. The mediator shall select from the two proposed compacts the one which best comports with the terms allocagion this chapter and any other applicable Federal law and with the findings and order alloxation the court. I which are consistent with the proposed compact selected by the mediator under clause ivthe provisions of this chapter, and the relevant provisions of the laws of the State, and.
B The Secretary may disapprove a compact described in subparagraph A only if such compact violates—. C If the Secretary does not approve or disapprove a go here described in subparagraph A before the date that is 45 days after the date on which the compact is submitted to the Secretary for gambling, the compact shall be considered to have allocatoon approved by the Secretary, but only to the extent the compact is consistent with the provisions nea this chapter.
D The Secretary shall publish in the Federal Register notice of any Tribal-State compact that is approved, or considered to have been approved, under this paragraph.
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