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31 U.S.C. § 5365 — Civil remedies
Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction.—** In addition to any other remedy under current law, the district courts of the United States shall have original and exclusive jurisdiction to prevent and restrain restricted transactions by issuing appropriate orders in accordance with this section, regardless of whether a prosecution has been initiated under this subchapter.
**(b) Proceedings.—**
(1) **Institution by federal government.—**
(A) *In general.—* — The United States, acting through the Attorney General, may institute proceedings under this section to prevent or restrain a restricted transaction.
(B) *Relief.—* — Upon application of the United States under this paragraph, the district court may enter a temporary restraining order, a preliminary injunction, or an injunction against any person to prevent or restrain a restricted transaction, in accordance with rule 65 of the Federal Rules of Civil Procedure.
(2) **Institution by state attorney general.—**
(A) *In general.—* — The attorney general (or other appropriate State official) of a State in which a restricted transaction allegedly has been or will be initiated, received, or otherwise made may institute proceedings under this section to prevent or restrain the violation or threatened violation.
(B) *Relief.—* — Upon application of the attorney general (or other appropriate State official) of an affected State under this paragraph, the district court may enter a temporary restraining order, a preliminary injunction, or an injunction against any person to prevent or restrain a restricted transaction, in accordance with rule 65 of the Federal Rules of Civil Procedure.
(3) **Indian lands.—**
(A) *In general.—* — Notwithstanding paragraphs (1) and (2), for a restricted transaction that allegedly has been or will be in
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**(a) Jurisdiction.—** In addition to any other remedy under current law, the district courts of the United States shall have original and exclusive jurisdiction to prevent and restrain restricted transactions by issuing appropriate orders in accordance with this section, regardless of whether a prosecution has been initiated under this subchapter.
**(b) Proceedings.—**
(1) **Institution by federal government.—**
(A) *In general.—* — The United States, acting through the Attorney General, may institute proceedings under this section to prevent or restrain a restricted transaction.
(B) *Relief.—* — Upon application of the United States under this paragraph, the district court may enter a temporary restraining order, a preliminary injunction, or an injunction against any person to prevent or restrain a restricted transaction, in accordance with rule 65 of the Federal Rules of Civil Procedure.
(2) **Institution by state attorney general.—**
(A) *In general.—* — The attorney general (or other appropriate State official) of a State in which a restricted transaction allegedly has been or will be initiated, received, or otherwise made may institute proceedings under this section to prevent or restrain the violation or threatened violation.
(B) *Relief.—* — Upon application of the attorney general (or other appropriate State official) of an affected State under this paragraph, the district court may enter a temporary restraining order, a preliminary injunction, or an injunction against any person to prevent or restrain a restricted transaction, in accordance with rule 65 of the Federal Rules of Civil Procedure.
(3) **Indian lands.—**
(A) *In general.—* — Notwithstanding paragraphs (1) and (2), for a restricted transaction that allegedly has been or will be initiated, received, or otherwise made on Indian lands (as that term is defined in section 4 of the Indian Gaming Regulatory Act)—
(i) the United States shall have the enforcement authority provided under paragraph (1); and
(ii) the enforcement authorities specified in an applicable Tribal-State Compact negotiated under section 11 of the Indian Gaming Regulatory Act ([25 U.S.C. 2710](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2710&num=0&edition=prelim)) shall be carried out in accordance with that compact.
(B) *Rule of construction.—* — No provision of this section shall be construed as altering, superseding, or otherwise affecting the application of the Indian Gaming Regulatory Act.
**(c) Limitation Relating to Interactive Computer Services.—**
(1) **In general.—** — Relief granted under this section against an interactive computer service shall—
(A) be limited to the removal of, or disabling of access to, an online site violating section 5363, or a hypertext link to an online site violating such section, that resides on a computer server that such service controls or operates, except that the limitation in this subparagraph shall not apply if the service is subject to liability under this section under section 5367;
(B) be available only after notice to the interactive computer service and an opportunity for the service to appear are provided;
(C) not impose any obligation on an interactive computer service to monitor its service or to affirmatively seek facts indicating activity violating this subchapter;
(D) specify the interactive computer service to which it applies; and
(E) specifically identify the location of the online site or hypertext link to be removed or access to which is to be disabled.
(2) **Coordination with other law.—** — An interactive computer service that does not violate this subchapter shall not be liable under [section 1084(d) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1084/d&num=0&edition=prelim), except that the limitation in this paragraph shall not apply if an interactive computer service has actual knowledge and control of bets and wagers and—
(A) operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made or at which unlawful bets or wagers are offered to be placed, received, or otherwise made; or
(B) owns or controls, or is owned or controlled by, any person who operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made.
**(d) Limitation on Injunctions Against Regulated Persons.—** Notwithstanding any other provision of this section, and subject to section 5367, no provision of this subchapter shall be construed as authorizing the Attorney General of the United States, or the attorney general (or other appropriate State official) of any State to institute proceedings to prevent or restrain a restricted transaction against any financial transaction provider, to the extent that the person is acting as a financial transaction provider.
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2703
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds that—
(1) numerous Indian tribes have become engaged in or have licensed gaming activities on Indian lands as a means of generating tribal governmental revenue;
(2) Federal courts have held that [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim) requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts;
(3) existing Federal law does not provide clear standards or regulations for the conduct of gaming on Indian lands;
(4) a principal goal of Federal Indian policy is to promote tribal economic development, tribal self-sufficiency, and strong tribal government; and
(5) Indian tribes have the exclusive right to regulate gaming activity on Indian lands if the gaming activity is not specifically prohibited by Federal law and is conducted within a State which does not, as a matter of criminal law and public policy, prohibit such gaming activity.
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Jurisdiction over class I and class II gaming activity**
(1) Class I gaming on Indian lands is within the exclusive jurisdiction of the Indian tribes and shall not be subject to the provisions of this chapter.
(2) Any class II gaming on Indian lands shall continue to be within the jurisdiction of the Indian tribes, but shall be subject to the provisions of this chapter.
**(b) Regulation of class II gaming activity; net revenue allocation; audits; contracts**
(1) An Indian tribe may engage in, or license and regulate, class II gaming on Indian lands within such tribe’s jurisdiction, if—
(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 is not otherwise specifically prohibited on Indian lands by Federal law), and
(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 be required for each place, facility, or location on Indian lands at which class II gaming is conducted.
(2) The Chairman shall approve any tribal ordinance or resolution concerning the conduct, or regulation of class II gaming on the Indian lands within the tribe’s jurisdiction if such ordinance or resolution provides that—
(A) except as provided in paragraph (4), the Indian tribe will have the sole proprietary interest and responsibility for the conduct of any gaming activity;
(B) net revenues from any tribal gaming are not to be used for purposes other than—
(i) to fund tribal government operations or programs;
(ii) to provide for the general welfare of the Indian tribe and its members;
(iii) to promote tribal economic development;
(iv) to donate to charitable o
Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2710
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Federal law — U.S. Code and appendices · legal_authorities
Page 501
TITLE 25—INDIANS
§ 2710
and sections 2801 to 2805 of Title 39, Postal Service,
amended section 1105 of Title 31, and enacted provisions
set out as notes under sections 1101 and 1115 of Title 31.
For complete classification of this Act to the Code, see
Short Title of 1993 Amendment note set out under sec-
tion 1101 of Title 31 and Tables.
CODIFICATION
Subsec. (c) of this section, which required the Com-
mission to submit a report to Congress every two years
on various matters relating to the operation of the
Commission, terminated, effective May 15, 2000, pursu-
ant to section 3003 of Pub. L. 104-66, as amended, set out
as a note under section 1113 of Title 31, Money and Fi-
nance. See, also, page 114 of House Document No. 103-
7.
AMENDMENTS
2006—Subsec. (d). Pub. L. 109–221 added subsec. (d).
§ 2707. Commission staffing
(a) General Counsel
The Chairman shall appoint a General Counsel
to the Commission who shall be paid at the an-
nual rate of basic pay payable for GS–18 of the
General Schedule under section 5332 of title 5.
(b) Staff
The Chairman shall appoint and supervise
other staff of the Commission without regard to
the provisions of title 5 governing appointments
in the competitive service. Such staff shall be
paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule
pay rates, except that no individual so ap-
pointed may receive pay in excess of the annual
rate of basic pay payable for GS–17 of the Gen-
eral Schedule under section 5332 of that title.
(c) Temporary services
The Chairman may procure temporary and
intermittent services under section 3109(b) of
title 5, but at rates for individuals not to exceed
the daily equivalent of the
Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2710
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Federal law — U.S. Code and appendices · legal_authorities
Page 506
TITLE 31—MONEY AND FINANCE
§ 5365
liance on the policies and procedures of the
payment system, in an effort to comply with
regulations prescribed under subsection (a),
shall not be liable to any party for such action.
(e) REGULATORY ENFORCEMENT.—The require-
ments under this section shall be enforced exclu-
sively by—
(1) the Federal functional regulators, with
respect to the designated payment systems
and financial transaction providers subject to
the respective jurisdiction of such regulators
under section 505(a) of the Gramm-Leach-Bli-
ley Act and section 5g of the Commodities Ex-
change Act; and
(2) the Federal Trade Commission, with re-
spect to designated payment systems and fi-
nancial transaction providers not otherwise
subject to the jurisdiction of any Federal func-
tional regulators (including the Commission)
as described in paragraph (1).
(Added Pub. L. 109–347, title VIII, § 802(a), Oct. 13,
2006, 120 Stat. 1958.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of this subchapter, re-
ferred to in subsec. (a), is the date of enactment of Pub.
L. 109–347, which was approved Oct. 13, 2006.
Section 505(a) of the Gramm-Leach-Bliley Act, re-
ferred to in subsec. (e)(1), is classified to section 6805(a)
of Title 15, Commerce and Trade.
Section 5g of the Commodities Exchange Act, re-
ferred to in subsec. (e)(1), is classified to section 7b–2 of
Title 7, Agriculture.
§ 5365. Civil remedies
(a) JURISDICTION.—In addition to any other
remedy under current law, the district courts of
the United States shall have original and exclu-
sive jurisdiction to prevent and restrain re-
stricted transactions by issuing appropriate or-
ders in accordance with this section, regardless
of whether a prosecution has been initiated
under
Source: Supplied 2024 U.S. Code historical extraction · 31 U.S.C. § 5365
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