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25 U.S.C. § 2706 — Powers of Commission

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

25 U.S.C. § 2706 — Powers of Commission

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2706

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Stable record: federal_law:legal_authorities:record_usc_8816be1ec7b32a272bef3874
Source file: Laws/federal/codes/united-states-code/title-25/section-2706-powers-of-commission--ea89ae510a.md
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Source location: Title 25, Chapter 29, § 2706; chapter-029-indian-gaming-regulation.md

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**(a) Budget approval; civil fines; fees; subpoenas; permanent orders** The Commission shall have the power, not subject to delegation— (1) upon the recommendation of the Chairman, to approve the annual budget of the Commission as provided in [section 2717 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2717&num=0&edition=prelim); (2) to adopt regulations for the assessment and collection of civil fines as provided in [section 2713(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2713/a&num=0&edition=prelim); (3) by an affirmative vote of not less than 2 members, to establish the rate of fees as provided in [section 2717 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2717&num=0&edition=prelim); (4) by an affirmative vote of not less than 2 members, to authorize the Chairman to issue subpoenas as provided in [section 2715 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2715&num=0&edition=prelim); and (5) by an affirmative vote of not less than 2 members and after a full hearing, to make permanent a temporary order of the Chairman closing a gaming activity as provided in [section 2713(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2713/b/2&num=0&edition=prelim). **(b) Monitoring; inspection of premises; investigations; access to records; mail; contracts; hearings; oaths; regulations** The Commission— (1) shall monitor class II gaming conducted on Indian lands on a continuing basis; (2) shall inspect and examine all premises located on Indian lands on which class II gaming is conducted; (3) shall conduct or cause to be conducted such background investigations as may be necessary; (4) may demand access to and inspect, examine, photocopy, and audit all papers, books, and records respecting gross revenues of class II gaming conducted on Indian lands and any other matters necessary to carry out the duties of the Commission under this chapter; (5) may use the United States mail in the same manner and under the same conditions as any department or agency of the United States; (6) may procure supplies, services, and property by contract in accordance with applicable Federal laws and regulations; (7) may enter into contracts with Federal, State, tribal and private entities for activities necessary to the discharge of the duties of the Commission and, to the extent feasible, contract the enforcement of the Commission’s regulations with the Indian tribes; (8) may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission deems appropriate; (9) may administer oaths or affirmations to witnesses appearing before the Commission; and (10) shall promulgate such regulations and guidelines as it deems appropriate to implement the provisions of this chapter. **(c) Omitted** **(d) Application of Government Performance and Results Act** (1) **In general** — In carrying out any action under this chapter, the Commission shall be subject to the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285). (2) **Plans** — In addition to any plan required under the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285), the Commission shall submit a plan to provide technical assistance to tribal gaming operations in accordance with that Act.

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

25 U.S.C. § 2715 — Subpoena and deposition authority

**(a) Attendance, testimony, production of papers, etc.** By a vote of not less than two members, the Commission shall have the power to require by subpoena the attendance and testimony of witnesses and the production of all books, papers, and documents relating to any matter under consideration or investigation. Witnesses so summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. **(b) Geographical location** The attendance of witnesses and the production of books, papers, and documents, may be required from any place in the United States at any designated place of hearing. The Commission may request the Secretary to request the Attorney General to bring an action to enforce any subpoena under this section. **(c) Refusal of subpoena; court order; contempt** Any court of the United States within the jurisdiction of which an inquiry is carried on may, in case of contumacy or refusal to obey a subpoena for any reason, issue an order requiring such person to appear before the Commission (and produce books, papers, or documents as so ordered) and give evidence concerning the matter in question and any failure to obey such order of the court may be punished by such court as a contempt thereof. **(d) Depositions; notice** A Commissioner may order testimony to be taken by deposition in any proceeding or investigation pending before the Commission at any stage of such proceeding or investigation. Such depositions may be taken before any person designated by the Commission and having power to administer oaths. Reasonable notice must first be given to the Commission in writing by the party or his attorney proposing to take such deposition, and, in cases in which a Commissioner proposes to take a deposition, reasonable notice

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2715

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

25 U.S.C. § 2717 — Commission funding

**(a)** (1) The Commission shall establish a schedule of fees to be paid to the Commission annually by each gaming operation that conducts a class II or class III gaming activity that is regulated by this chapter. (2) (A) The rate of the fees imposed under the schedule established under paragraph (1) shall be— (i) no more than 2.5 percent of the first $1,500,000, and (ii) no more than 5 percent of amounts in excess of the first $1,500,000, of the gross revenues from each activity regulated by this chapter. (B) The total amount of all fees imposed during any fiscal year under the schedule established under paragraph (1) shall not exceed 0.080 percent of the gross gaming revenues of all gaming operations subject to regulation under this chapter. (3) The Commission, by a vote of not less than two of its members, shall annually adopt the rate of the fees authorized by this section which shall be payable to the Commission on a quarterly basis. (4) Failure to pay the fees imposed under the schedule established under paragraph (1) shall, subject to the regulations of the Commission, be grounds for revocation of the approval of the Chairman of any license, ordinance, or resolution required under this chapter for the operation of gaming. (5) To the extent that revenue derived from fees imposed under the schedule established under paragraph (1) are not expended or committed at the close of any fiscal year, such surplus funds shall be credited to each gaming activity on a pro rata basis against such fees imposed for the succeeding year. (6) For purposes of this section, gross revenues shall constitute the annual total amount of money wagered, less any amounts paid out as prizes or paid for prizes awarded and less allowance for amortization of capital expe

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2717

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

31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113

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

5 U.S.C. § 306 — Agency strategic plans

**(a)** Not later than the first Monday in February of any year following the year in which the term of the President commences under [section 101 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section101&num=0&edition=prelim), the head of each agency shall make available on the public website of the agency a strategic plan and notify the President and Congress of its availability. Such plan shall contain— (1) a comprehensive mission statement covering the major functions and operations of the agency; (2) general goals and objectives, including outcome-oriented goals, for the major functions and operations of the agency; (3) a description of how any goals and objectives contribute to the Federal Government priority goals required by [section 1120(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1120/a&num=0&edition=prelim); (4) a description of how the goals and objectives are to be achieved, including— (A) a description of the operational processes, skills and technology, and the human, capital, information, and other resources required to achieve those goals and objectives; and (B) a description of how the agency is working with other agencies to achieve its goals and objectives as well as relevant Federal Government priority goals; (5) a description of how the goals and objectives incorporate views and suggestions obtained through congressional consultations required under subsection (d); (6) a description of how the performance goals provided in the plan required by [section 1115(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1115/a&num=0&edition=prelim), including the agency priority goals required by [section 1120(b) of title 31](htt

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 306

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

25 U.S.C. § 2701 — Findings

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

31 U.S.C. § 1105 — Budget contents and submission to Congress

**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following: (1) information on activities and functions of the Government. (2) when practicable, information on costs and achievements of Government programs. (3) other desirable classifications of information. (4) a reconciliation of the summary information on expenditures with proposed appropriations. (5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year. (6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under— (A) laws in effect when the budget is submitted; and (B) proposals in the budget to increase revenues. (7) appropriations, expenditures, and receipts of the Government in the prior fiscal year. (8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year. (9) balanced statements of the— (A) condition of the Treasury at the end of the prior fiscal year; (B) estimated condition of the Treasury at the end of the current fiscal year; and (C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted. (10) essential information about the debt of the Government.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105

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

31 U.S.C. § 1101 — Definitions

In this chapter— (1) “agency” includes the District of Columbia government but does not include the legislative branch or the Supreme Court. (2) “appropriations” means appropriated amounts and includes, in appropriate context— (A) funds; (B) authority to make obligations by contract before appropriations; and (C) other authority making amounts available for obligation or expenditure.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1101

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

25 U.S.C. § 2706 — Powers of Commission

Page 500 TITLE 25—INDIANS § 2705 (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 Ex- ecutive Schedule under section 5315 of title 5. (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. (3) All members of the Commission shall be re- imbursed in accordance with title 5 for travel, subsistence, and other necessary expenses in- curred by them in the performance of their du- ties. (Pub. L. 100–497, § 5, Oct. 17, 1988, 102 Stat. 2469.) § 2705. Powers of Chairman (a) The Chairman, on behalf of the Commis- sion, shall have power, subject to an appeal to the Commission, to— (1) issue orders of temporary closure of gam- ing activities as provided in section 2713(b) of this title; (2) levy and collect civil fines as provided in section 2713(a) of this title; (3) approve tribal ordinances or resolutions regulating class II gaming and class III gam- ing as provided in section 2710 of this title; and (4) approve management contracts for class II gaming and class III gaming as provided in sections 2710(d)(9) and 2711 of this title. (b) The Chairman shall have such other powers as may be delegated by the Commission. (Pub. L. 100–497, § 6, Oct. 17, 1988, 102 Stat. 2470.) § 2706. Powers of Commission (a) Budget approval; civil fines; fees; subpoenas; permanent orders The Commission shall have the power, not subject to delegation— (1) upon the recommendation of the Chair- man, to approve the annual budget of the Commission as provided in section 2717 of thi

Source: Supplied 2024 U.S. Code historical extraction · 25 U.S.C. § 2706

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