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 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, 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 maximum annual rate of basic pay payable for GS–18 of the Gen- eral 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 Commis- sion to assist the Commission in carrying out its duties under this chapter, unless otherwise pro- hibited 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. (Pub. L. 100–497, § 8, Oct. 17, 1988, 102 Stat. 2471.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (d), was in the original ‘‘this Act’’, meaning Pub. L. 100–497, Oct. 17, 1988, 102 Stat. 2467, known as the Indian Gaming Regu- latory Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 2708. Commission; access to information The Commission may secure from any depart- ment or agency of the United States informa- tion 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 oth- erwise prohibited by law. (Pub. L. 100–497, § 9, Oct. 17, 1988, 102 Stat. 2472.) 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. § 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 super- vision of Indian gaming until such time as the Commission is organized and prescribes regula- tions. The Secretary shall provide staff and sup- port assistance to facilitate an orderly transi- tion to regulation of Indian gaming by the Com- mission. (Pub. L. 100–497, § 10, Oct. 17, 1988, 102 Stat. 2472.) 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. § 2710. Tribal gaming ordinances (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 In- dian tribes, but shall be subject to the provi- sions 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—