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25 U.S.C. § 2701 — Findings

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.

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Stable record: federal_law:legal_authorities:record_usc_e6946b608461714fdfde0e14
Source file: Laws/federal/codes/united-states-code/title-25/section-2701-findings--c806996bd7.md
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Source location: Title 25, Chapter 29, § 2701; chapter-029-indian-gaming-regulation.md

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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.

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

25 U.S.C. § 81 — Contracts and agreements with Indian tribes

**(a) Definitions** In this section: (1) The term “Indian lands” means lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alienation. (2) The term “Indian tribe” has the meaning given that term in [section 5304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section5304/e&num=0&edition=prelim). (3) The term “Secretary” means the Secretary of the Interior. **(b) Approval** No agreement or contract with an Indian tribe that encumbers Indian lands for a period of 7 or more years shall be valid unless that agreement or contract bears the approval of the Secretary of the Interior or a designee of the Secretary. **(c) Exception** Subsection (b) shall not apply to any agreement or contract that the Secretary (or a designee of the Secretary) determines is not covered under that subsection. **(d) Unapproved agreements** The Secretary (or a designee of the Secretary) shall refuse to approve an agreement or contract that is covered under subsection (b) if the Secretary (or a designee of the Secretary) determines that the agreement or contract— (1) violates Federal law; or (2) does not include a provision that— (A) provides for remedies in the case of a breach of the agreement or contract; (B) references a tribal code, ordinance, or ruling of a court of competent jurisdiction that discloses the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe; or (C) includes an express waiver of the right of the Indian tribe to assert sovereign immunity as a defense in an action brought against the Indian tribe (including a waiver that limi

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

16 U.S.C. § 410aaa — Findings

The Congress hereby finds that— (1) proclamations by Presidents Herbert Hoover in 1933 and Franklin Roosevelt in 1937 established and expanded the Death Valley National Monument for the preservation of the unusual features of scenic, scientific, and educational interest therein contained; (2) Death Valley National Monument is today recognized as a major unit of the National Park System, having extraordinary values enjoyed by millions of visitors; (3) the monument boundaries established in the 1930’s exclude and thereby expose to incompatible development and inconsistent management, contiguous Federal lands of essential and superlative natural, ecological, geological, archeological, paleontological, cultural, historical ad 11 So in original. Probably should be “and”. wilderness values; (4) Death Valley National Monument should be substantially enlarged by the addition of all contiguous Federal lands of national park caliber and afforded full recognition and statutory protection as a National Park; and (5) the wilderness within Death Valley should receive maximum statutory protection by designation pursuant to the Wilderness Act [[16 U.S.C. 1131](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1131&num=0&edition=prelim) et seq.].

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

16 U.S.C. § 460ffff–3 — Land taken into trust for Lone Pine Paiute-Shoshone Reservation

**(a) Trust land** (1) **In general** — On completion of the survey described in subsection (b), all right, title, and interest of the United States in and to the approximately 132 acres of Federal land depicted on the Map as “Lone Pine Paiute-Shoshone Reservation Addition” shall be held in trust for the benefit of the Tribe, subject to paragraphs (2) and (3). (2) **Conditions** — The land described in paragraph (1) shall be subject to all easements, covenants, conditions, restrictions, withdrawals, and other matters of record in existence on March 12, 2019. (3) **Exclusion** — The Federal land over which the right-of-way for the Los Angeles Aqueduct is located, generally described as the 250-foot-wide right-of-way granted to the City of Los Angeles pursuant to the Act of June 30, 1906 (34 Stat. 801, chapter 3926), shall not be taken into trust for the Tribe. **(b) Survey** Not later than 180 days after March 12, 2019, the Secretary shall complete a survey of the boundary lines to establish the boundaries of the land to be held in trust under subsection (a)(1). **(c) Reservation land** The land held in trust pursuant to subsection (a)(1) shall be considered to be a part of the reservation of the Tribe. **(d) Gaming prohibition** Land held in trust under subsection (a)(1) shall not be eligible, or considered to have been taken into trust, for gaming (within the meaning of the Indian Gaming Regulatory Act ([25 U.S.C. 2701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2701&num=0&edition=prelim) et seq.)).

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

18 U.S.C. § 1166 — Gambling in Indian country

**(a)** Subject to subsection (c), for purposes of Federal law, all State laws pertaining to the licensing, regulation, or prohibition of gambling, including but not limited to criminal sanctions applicable thereto, shall apply in Indian country in the same manner and to the same extent as such laws apply elsewhere in the State. **(b)** Whoever in Indian country is guilty of any act or omission involving gambling, whether or not conducted or sanctioned by an Indian tribe, which, although not made punishable by any enactment of Congress, would be punishable if committed or omitted within the jurisdiction of the State in which the act or omission occurred, under the laws governing the licensing, regulation, or prohibition of gambling in force at the time of such act or omission, shall be guilty of a like offense and subject to a like punishment. **(c)** For the purpose of this section, the term “gambling” does not include— (1) class I gaming or class II gaming regulated by the Indian Gaming Regulatory Act, or (2) class III gaming conducted under a Tribal-State compact approved by the Secretary of the Interior under section 11(d)(8) of the Indian Gaming Regulatory Act that is in effect. **(d)** The United States shall have exclusive jurisdiction over criminal prosecutions of violations of State gambling laws that are made applicable under this section to Indian country, unless an Indian tribe pursuant to a Tribal-State compact approved by the Secretary of the Interior under section 11(d)(8) of the Indian Gaming Regulatory Act, or under any other provision of Federal law, has consented to the transfer to the State of criminal jurisdiction with respect to gambling on the lands of the Indian tribe.

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

25 U.S.C. § 2702 — Declaration of policy

The purpose of this chapter is— (1) to provide a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments; (2) to provide a statutory basis for the regulation of gaming by an Indian tribe adequate to shield it from organized crime and other corrupting influences, to ensure that the Indian tribe is the primary beneficiary of the gaming operation, and to assure that gaming is conducted fairly and honestly by both the operator and players; and (3) to declare that the establishment of independent Federal regulatory authority for gaming on Indian lands, the establishment of Federal standards for gaming on Indian lands, and the establishment of a National Indian Gaming Commission are necessary to meet congressional concerns regarding gaming and to protect such gaming as a means of generating tribal revenue.

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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. § 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 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 backgroun

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

25 U.S.C. § 2707 — Commission staffing

**(a) General Counsel** The Chairman shall appoint a General Counsel to the Commission who shall be paid at the annual rate of basic pay payable for GS–18 of the General Schedule under [section 5332 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim). **(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 appointed may receive pay in excess of the annual rate of basic pay payable for GS–17 of the General 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109/b&num=0&edition=prelim), 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. **(d) Federal agency personnel** Upon the request of the Chairman, the head of any Federal agency is authorized to detail any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this chapter, unless otherwise prohibited by law. **(e) Administrative support services** 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.

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

25 U.S.C. § 2708 — Commission; access to information

The Commission may secure from any department or agency of the United States information necessary to enable it to carry out this chapter. Upon the request of the Chairman, the head of such department or agency shall furnish such information to the Commission, unless otherwise prohibited by law.

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

25 U.S.C. § 2709 — Interim authority to regulate gaming

Notwithstanding any other provision of this chapter, the Secretary shall continue to exercise those authorities vested in the Secretary on the day before October 17, 1988, relating to supervision of Indian gaming until such time as the Commission is organized and prescribes regulations. The Secretary shall provide staff and support assistance to facilitate an orderly transition to regulation of Indian gaming by the Commission.

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