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

Page 497 TITLE 25—INDIANS § 2702 set out as notes under sections 241aa and 1411 of Title 20, could be cited as the ‘‘Indian Education Act of 1988’’, prior to repeal by Pub. L. 103–382, title III, § 367, Oct. 20, 1994, 108 Stat. 3976. SUBCHAPTER II—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR INDIAN CHILDREN §§ 2621 to 2624. Repealed. Pub. L. 103–382, title III, § 367, Oct. 20, 1994, 108 Stat. 3976 Section 2621, Pub. L. 100–297, title V, § 5321, Apr. 28, 1988, 102 Stat. 403; Pub. L. 100–427, § 18, Sept. 9, 1988, 102 Stat. 1612, related to improvement of educational op- portunities for Indian children. Section 2622, Pub. L. 100–297, title V, § 5322, Apr. 28, 1988, 102 Stat. 406, related to special educational train- ing programs for teachers of Indian children. Section 2623, Pub. L. 100–297, title V, § 5323, Apr. 28, 1988, 102 Stat. 407; Pub. L. 100–427, § 19(a), Sept. 9, 1988, 102 Stat. 1612, provided for fellowships for Indian stu- dents. Section 2624, Pub. L. 100–297, title V, § 5324, Apr. 28, 1988, 102 Stat. 408; Pub. L. 100–427, § 20, Sept. 9, 1988, 102 Stat. 1612; Pub. L. 101–301, § 5(d)(2), May 24, 1990, 104 Stat. 208, authorized programs for gifted and talented Indian children. SUBCHAPTER III—SPECIAL PROGRAMS RE- LATING TO ADULT EDUCATION FOR INDI- ANS § 2631. Repealed. Pub. L. 103–382, title III, § 367, Oct. 20, 1994, 108 Stat. 3976 Section, Pub. L. 100–297, title V, § 5330, Apr. 28, 1988, 102 Stat. 410, related to improvement of educational op- portunities for adult Indians. See section 7851 of Title 20, Education. SUBCHAPTER IV—PROGRAM ADMINISTRATION §§ 2641 to 2643. Repealed. Pub. L. 103–382, title III, § 367, Oct. 20, 1994, 108 Stat. 3976 Section 2641, Pub. L. 100–297, title V, § 5341, Apr. 28, 1988, 102 Stat. 411; Pub. L. 100–427, § 21, Sept. 9, 1988, 102 Stat. 1612, related to establishment of Office of Indian Education within Department of Education. See sec- tion 3423c of Title 20, Education. Section 2642, Pub. L. 100–297, title V, § 5342, Apr. 28, 1988, 102 Stat. 412; Pub. L. 100–427, § 22, Sept. 9, 1988, 102 Stat. 1613, established National Advisory Council on In- dian Education. Section 2643, Pub. L. 100–297, title V, § 5343, Apr. 28, 1988, 102 Stat. 413, authorized appropriations for admin- istration of Indian education programs. See section 7882 of Title 20, Education. SUBCHAPTER V—MISCELLANEOUS § 2651. Repealed. Pub. L. 103–382, title III, § 367, Oct. 20, 1994, 108 Stat. 3976 Section, Pub. L. 100–297, title V, § 5351, Apr. 28, 1988, 102 Stat. 413; Pub. L. 100–427, § 23, Sept. 9, 1988, 102 Stat. 1613, defined terms for purposes of this chapter. See sec- tion 7881 of Title 20, Education. CHAPTER 29—INDIAN GAMING REGULATION Sec. 2701. Findings. 2702. Declaration of policy. 2703. Definitions. 2704. National Indian Gaming Commission. 2705. Powers of Chairman. 2706. Powers of Commission. Sec. 2707. Commission staffing. 2708. Commission; access to information. 2709. Interim authority to regulate gaming. 2710. Tribal gaming ordinances. 2711. Management contracts. 2712. Review of existing ordinances and contracts. 2713. Civil penalties. 2714. Judicial review. 2715. Subpoena and deposition authority. 2716. Investigative powers. 2717. Commission funding. 2717a. Availability of class II gaming activity fees to carry out duties of Commission. 2718. Authorization of appropriations. 2719. Gaming on lands acquired after October 17, 1988. 2720. Dissemination of information. 2721. Severability. § 2701. Findings The Congress finds that— (1) numerous Indian tribes have become en- gaged 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 requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for ap- proval 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 gov- ernment; and (5) Indian tribes have the exclusive right to regulate gaming activity on Indian lands if the gaming activity is not specifically prohib- ited 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. (Pub. L. 100–497, § 2, Oct. 17, 1988, 102 Stat. 2467.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 100–497, § 1, Oct. 17, 1988, 102 Stat. 2467, pro- vided: ‘‘That this Act [enacting this chapter and sec- tions 1166 to 1168 of Title 18, Crimes and Criminal Pro- cedure] may be cited as the ‘Indian Gaming Regulatory Act’.’’ § 2702. Declaration of policy The purpose of this chapter is— (1) to provide a statutory basis for the oper- ation 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 regu- lation of gaming by an Indian tribe adequate to shield it from organized crime and other corrupting influences, to ensure that the In- dian 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 inde- pendent Federal regulatory authority for gam- ing on Indian lands, the establishment of Fed- 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