25 U.S.C. § 2705 — Powers of 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,