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25 U.S.C. § 2704 — National Indian Gaming Commission

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2704 — National Indian Gaming Commission

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Stable record: federal_law:legal_authorities:record_usc_07daab241a77ed321fe9f28d
Source file: Laws/federal/codes/united-states-code/title-25/section-2704-national-indian-gaming-commission--659886d4ff.md
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Source location: Title 25, Chapter 29, § 2704; chapter-029-indian-gaming-regulation.md

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**(a) Establishment** There is established within the Department of the Interior a Commission to be known as the National Indian Gaming Commission. **(b) Composition; investigation; term of office; removal** (1) The Commission shall be composed of three full-time members who shall be appointed as follows: (A) a Chairman, who shall be appointed by the President with the advice and consent of the Senate; and (B) two associate members who shall be appointed by the Secretary of the Interior. (2) (A) The Attorney General shall conduct a background investigation on any person considered for appointment to the Commission. (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. (3) Not more than two members of the Commission shall be of the same political party. At least two members of the Commission shall be enrolled members of any Indian tribe. (4) (A) Except as provided in subparagraph (B), the term of office of the members of the Commission shall be three years. (B) Of the initial members of the Commission— (i) two members, including the Chairman, shall have a term of office of three years; and (ii) one member shall have a term of office of one year. (5) No individual shall be eligible for any appointment to, or to continue service on, the Commission, who— (A) has been convicted of a felony or gaming offense; (B) has any financial interest in, or management responsibility for, any gaming activity; or (C) has a financial interest in, or management responsibility for, any management contract approved pursuant to [section 2711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2711&num=0&edition=prelim). (6) A Commissioner may only be removed from office before the expiration of the term of office of the member by the President (or, in the case of associate member, by the Secretary) for neglect of duty, or malfeasance in office, or for other good cause shown. **(c) Vacancies** 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 appointed, unless the member has been removed for cause under subsection (b)(6). **(d) Quorum** Two members of the Commission, at least one of which is the Chairman or Vice Chairman, shall constitute a quorum. **(e) Vice Chairman** The Commission shall select, by majority vote, one of the members of the Commission to serve as Vice Chairman. The Vice Chairman shall serve as Chairman during meetings of the Commission in the absence of the Chairman. **(f) Meetings** The Commission shall meet at the call of the Chairman or a majority of its members, but shall meet at least once every 4 months. **(g) Compensation** (1) The Chairman of the Commission shall be paid at a rate equal to that of level IV of the Executive Schedule under [section 5315 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5315&num=0&edition=prelim). (2) The associate members of the Commission shall each be paid at a rate equal to that of level V of the Executive Schedule under [section 5316 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5316&num=0&edition=prelim). (3) All members of the Commission shall be reimbursed in accordance with title 5 for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5316 — Positions at level V

Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5315 — Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2711 — Management contracts

**(a) Class II gaming activity; information on operators** (1) Subject to the approval of the Chairman, an Indian tribe may enter into a management contract for the operation and management of a class II gaming activity that the Indian tribe may engage in under [section 2710(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2710/b/1&num=0&edition=prelim), but, before approving such contract, the Chairman shall require and obtain the following information: (A) the name, address, and other additional pertinent background information on each person or entity (including individuals comprising such entity) having a direct financial interest in, or management responsibility for, such contract, and, in the case of a corporation, those individuals who serve on the board of directors of such corporation and each of its stockholders who hold (directly or indirectly) 10 percent or more of its issued and outstanding stock; (B) a description of any previous experience that each person listed pursuant to subparagraph (A) has had with other gaming contracts with Indian tribes or with the gaming industry generally, including specifically the name and address of any licensing or regulatory agency with which such person has had a contract relating to gaming; and (C) a complete financial statement of each person listed pursuant to subparagraph (A). (2) Any person listed pursuant to paragraph (1)(A) shall be required to respond to such written or oral questions that the Chairman may propound in accordance with his responsibilities under this section. (3) For purposes of this chapter, any reference to the management contract described in paragraph (1) shall be considered to include all collateral agreements to such contract that rel

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2703 — Definitions

For purposes of this chapter— (1) The term “Attorney General” means the Attorney General of the United States. (2) The term “Chairman” means the Chairman of the National Indian Gaming Commission. (3) The term “Commission” means the National Indian Gaming Commission established pursuant to [section 2704 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2704&num=0&edition=prelim). (4) The term “Indian lands” means— (A) all lands within the limits of any Indian reservation; and (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 governmental power. (5) The term “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians which— (A) is recognized as eligible by the Secretary for the special programs and services provided by the United States to Indians because of their status as Indians, and (B) is recognized as possessing powers of self-government. (6) The term “class I gaming” means social games solely for prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as a part of, or in connection with, tribal ceremonies or celebrations. (7) (A) The term “class II gaming” means— (i) the game of chance commonly known as bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith)— (I) which is played for prizes, including monetary prizes, with cards bearing numbers or other designations, (II) in which the holder of the card covers such numbers or designations when object

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2704 — National Indian Gaming Commission

Page 499 TITLE 25—INDIANS § 2704 amounts paid out as, or paid for, prizes and total operating expenses, excluding manage- ment fees. (10) The term ‘‘Secretary’’ means the Sec- retary of the Interior. (Pub. L. 100–497, § 4, Oct. 17, 1988, 102 Stat. 2467; Pub. L. 102–238, § 2(a), Dec. 17, 1991, 105 Stat. 1908; Pub. L. 102–497, § 16, Oct. 24, 1992, 106 Stat. 3261.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, known as the Indian Gaming Regulatory Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. AMENDMENTS 1992—Par. (7)(E). Pub. L. 102–497 struck out ‘‘or Mon- tana’’ after ‘‘Wisconsin’’. 1991—Par. (7)(E), (F). Pub. L. 102–238 added subpars. (E) and (F). Statutory Notes and Related Subsidiaries CLASS II GAMING WITH RESPECT TO INDIAN TRIBES IN WISCONSIN OR MONTANA ENGAGED IN NEGOTIATING TRIBAL-STATE COMPACTS Pub. L. 101–301, § 6, May 24, 1990, 104 Stat. 209, provided that: ‘‘Notwithstanding any other provision of law, the term ‘class II gaming’ includes, for purposes of apply- ing Public Law 100–497 [25 U.S.C. 2701 et seq.] with re- spect to any Indian tribe located in the State of Wis- consin or the State of Montana, during the 1-year pe- riod beginning on the date of enactment of this Act [May 24, 1990], any gaming described in section 4(7)(B)(ii) of Public Law 100–497 [25 U.S.C. 2703(7)(B)(ii)] that was legally operated on Indian lands on or before May 1, 1988, if the Indian tribe having jurisdiction over the lands on which such gaming was operated made a request, by no later than November 16, 1988, to

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