25 U.S.C. § 2703 — Definitions

Page 498 TITLE 25—INDIANS § 2703 eral standards for gaming on Indian lands, and the establishment of a National Indian Gam- ing Commission are necessary to meet con- gressional concerns regarding gaming and to protect such gaming as a means of generating tribal revenue. (Pub. L. 100–497, § 3, Oct. 17, 1988, 102 Stat. 2467.) 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. § 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 Chair- man of the National Indian Gaming Commis- sion. (3) The term ‘‘Commission’’ means the Na- tional Indian Gaming Commission established pursuant to section 2704 of this title. (4) The term ‘‘Indian lands’’ means— (A) all lands within the limits of any In- dian 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 re- striction by the United States against alien- ation and over which an Indian tribe exer- cises governmental power. (5) The term ‘‘Indian tribe’’ means any In- dian tribe, band, nation, or other organized group or community of Indians which— (A) is recognized as eligible by the Sec- retary for the special programs and services provided by the United States to Indians be- cause 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 connec- tion therewith)— (I) which is played for prizes, including monetary prizes, with cards bearing num- bers or other designations, (II) in which the holder of the card cov- ers such numbers or designations when ob- jects, similarly numbered or designated, are drawn or electronically determined, and (III) in which the game is won by the first person covering a previously des- ignated arrangement of numbers or des- ignations on such cards, including (if played in the same location) pull-tabs, lotto, punch boards, tip jars, in- stant bingo, and other games similar to bingo, and (ii) card games that— (I) are explicitly authorized by the laws of the State, or (II) are not explicitly prohibited by the laws of the State and are played at any lo- cation in the State, but only if such card games are played in conformity with those laws and regulations (if any) of the State regarding hours or peri- ods of operation of such card games or limi- tations on wagers or pot sizes in such card games. (B) The term ‘‘class II gaming’’ does not in- clude— (i) any banking card games, including baccarat, chemin de fer, or blackjack (21), or (ii) electronic or electromechanical fac- similes of any game of chance or slot ma- chines of any kind. (C) Notwithstanding any other provision of this paragraph, the term ‘‘class II gaming’’ in- cludes those card games played in the State of Michigan, the State of North Dakota, the State of South Dakota, or the State of Wash- ington, that were actually operated in such State by an Indian tribe on or before May 1, 1988, but only to the extent of the nature and scope of the card games that were actually op- erated by an Indian tribe in such State on or before such date, as determined by the Chair- man. (D) Notwithstanding any other provision of this paragraph, the term ‘‘class II gaming’’ in- cludes, during the 1-year period beginning on October 17, 1988, any gaming described in sub- paragraph (B)(ii) that was legally operated on Indian lands on or before May 1, 1988, if the In- dian tribe having jurisdiction over the lands on which such gaming was operated requests the State, by no later than the date that is 30 days after October 17, 1988, to negotiate a Trib- al-State compact under section 2710(d)(3) of this title. (E) Notwithstanding any other provision of this paragraph, the term ‘‘class II gaming’’ in- cludes, during the 1-year period beginning on December 17, 1991, any gaming described in subparagraph (B)(ii) that was legally operated on Indian lands in the State of Wisconsin on or before May 1, 1988, if the Indian tribe having jurisdiction over the lands on which such gam- ing was operated requested the State, by no later than November 16, 1988, to negotiate a Tribal-State compact under section 2710(d)(3) of this title. (F) If, during the 1-year period described in subparagraph (E), there is a final judicial de- termination that the gaming described in sub- paragraph (E) is not legal as a matter of State law, then such gaming on such Indian land shall cease to operate on the date next fol- lowing the date of such judicial decision. (8) The term ‘‘class III gaming’’ means all forms of gaming that are not class I gaming or class II gaming. (9) The term ‘‘net revenues’’ means gross revenues of an Indian gaming activity less 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.