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 the State in which such gaming is operated to negotiate a Tribal-State compact under section 11(d)(3) of Public Law 100–497 [25 U.S.C. 2710(d)(3)].’’ TRIBAL-STATE COMPACT COVERING INDIAN TRIBES IN MINNESOTA; OPERATION OF CLASS II GAMES; ALLOW- ANCE OF ADDITIONAL YEAR FOR NEGOTIATIONS Pub. L. 101–121, title I, § 118, Oct. 23, 1989, 103 Stat. 722, provided that: ‘‘Notwithstanding any other provision of law, the term ‘Class II gaming’ in Public Law 100–497 [25 U.S.C. 2701 et seq.], for any Indian tribe located in the State of Minnesota, includes, during the period commencing on the date of enactment of this Act [Oct. 23, 1989] and continuing for 365 days from that date, 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 oper- ated on Indian lands on or before May 1, 1988, if the In- dian tribe having jurisdication [sic] over the lands on which such gaming was operated, requested the State of Minnesota, no later than 30 days after the date of en- actment of Public Law 100–497 [Oct. 17, 1988], to nego- tiate a tribal-state compact pursuant to section 11(d)(3) of Public Law 100–497 [25 U.S.C. 2710(d)(3)].’’ § 2704. National Indian Gaming Commission (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; re- moval (1) The Commission shall be composed of three full-time members who shall be appointed as fol- lows: (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 ap- pointed by the Secretary of the Interior. (2)(A) The Attorney General shall conduct a background investigation on any person consid- ered 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 re- ceipt of public comment. (3) Not more than two members of the Com- mission 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 Com- mission shall be three years. (B) Of the initial members of the Commis- sion— (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 ap- pointment 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 manage- ment responsibility for, any gaming activity; or (C) has a financial interest in, or manage- ment responsibility for, any management con- tract approved pursuant to section 2711 of this title. (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 ne- glect 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 ap- pointment. A member may serve after the expi- ration 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. 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 this title; (2) to adopt regulations for the assessment and collection of civil fines as provided in sec- tion 2713(a) of this title; (3) by an affirmative vote of not less than 2 members, to establish the rate of fees as pro- vided in section 2717 of this title; (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; and (5) by an affirmative vote of not less than 2 members and after a full hearing, to make per- manent a temporary order of the Chairman closing a gaming activity as provided in sec- tion 2713(b)(2) of this title. (b) Monitoring; inspection of premises; investiga- tions; access to records; mail; contracts; hear- ings; 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 lo- cated 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, exam- ine, 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 du- ties 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 prop- erty 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, con- tract 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 imple- ment 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 chap- ter, 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 oper- ations in accordance with that Act. (Pub. L. 100–497, § 7, Oct. 17, 1988, 102 Stat. 2470; Pub. L. 109–221, title III, § 301(a), May 12, 2006, 120 Stat. 341.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b)(4), (10) and (d)(1), 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. The Government Performance and Results Act of 1993, referred to in subsec. (d), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance,