25 U.S.C. § 2717a — Availability of class II gaming activity

Page 509 TITLE 25—INDIANS § 2718 chapter which may be a violation of Federal law. (Pub. L. 100–497, § 17, Oct. 17, 1988, 102 Stat. 2484.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (c), 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. § 2717. Commission funding (a)(1) The Commission shall establish a sched- ule of fees to be paid to the Commission annu- ally by each gaming operation that conducts a class II or class III gaming activity that is regu- lated by this chapter. (2)(A) The rate of the fees imposed under the schedule established under paragraph (1) shall be— (i) no more than 2.5 percent of the first $1,500,000, and (ii) no more than 5 percent of amounts in ex- cess of the first $1,500,000, of the gross revenues from each activity regu- lated by this chapter. (B) The total amount of all fees imposed dur- ing any fiscal year under the schedule estab- lished under paragraph (1) shall not exceed 0.080 percent of the gross gaming revenues of all gam- ing operations subject to regulation under this chapter. (3) The Commission, by a vote of not less than two of its members, shall annually adopt the rate of the fees authorized by this section which shall be payable to the Commission on a quar- terly basis. (4) Failure to pay the fees imposed under the schedule established under paragraph (1) shall, subject to the regulations of the Commission, be grounds for revocation of the approval of the Chairman of any license, ordinance, or resolu- tion required under this chapter for the oper- ation of gaming. (5) To the extent that revenue derived from fees imposed under the schedule established under paragraph (1) are not expended or com- mitted at the close of any fiscal year, such sur- plus funds shall be credited to each gaming ac- tivity on a pro rata basis against such fees im- posed for the succeeding year. (6) For purposes of this section, gross revenues shall constitute the annual total amount of money wagered, less any amounts paid out as prizes or paid for prizes awarded and less allow- ance for amortization of capital expenditures for structures. (b)(1) The Commission, in coordination with the Secretary and in conjunction with the fiscal year of the United States, shall adopt an annual budget for the expenses and operation of the Commission. (2) The budget of the Commission may include a request for appropriations, as authorized by section 2718 of this title, in an amount equal the amount of funds derived from assessments au- thorized by subsection (a) for the fiscal year pre- ceding the fiscal year for which the appropria- tion request is made. (3) The request for appropriations pursuant to paragraph (2) shall be subject to the approval of the Secretary and shall be included as a part of the budget request of the Department of the In- terior. (Pub. L. 100–497, § 18, Oct. 17, 1988, 102 Stat. 2484; Pub. L. 105–83, title I, § 123(a)(1)–(2)(B), Nov. 14, 1997, 111 Stat. 1566; Pub. L. 109–221, title III, § 301(b), May 12, 2006, 120 Stat. 341.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1), (2), (4), 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 2006—Subsec. (a)(2)(B). Pub. L. 109–221 added subpar. (B) and struck out former subpar. (B) which read as fol- lows: ‘‘The total amount of all fees imposed during any fiscal year under the schedule established under para- graph (1) shall not exceed $8,000,000.’’ 1997—Subsec. (a)(1). Pub. L. 105–83, § 123(a)(1), sub- stituted ‘‘gaming operation that conducts a class II or class III gaming activity’’ for ‘‘class II gaming activ- ity’’. Subsec. (a)(2)(A)(i). Pub. L. 105–83, § 123(a)(2)(A), sub- stituted ‘‘no more than 2.5 percent’’ for ‘‘no less than 0.5 percent nor more than 2.5 percent’’. Subsec. (a)(2)(B). Pub. L. 105–83, § 123(a)(2)(B), sub- stituted ‘‘$8,000,000’’ for ‘‘$1,500,000’’. Statutory Notes and Related Subsidiaries APPLICATION TO SELF-REGULATED TRIBES Pub. L. 105–83, title I, § 123(a)(2)(C), Nov. 14, 1997, 111 Stat. 1566, as amended by Pub. L. 105–277, div. A, § 101(e) [title III, § 338], Oct. 21, 1998, 112 Stat. 2681–231, 2681–295, provided that: ‘‘[N]othing in subsection (a) of this sec- tion [amending this section] shall apply to the Mis- sissippi Band of Choctaw.’’ § 2717a. Availability of class II gaming activity fees to carry out duties of Commission In fiscal year 1990 and thereafter, fees col- lected pursuant to and as limited by section 2717 of this title shall be available to carry out the duties of the Commission, to remain available until expended. (Pub. L. 101–121, title I, Oct. 23, 1989, 103 Stat. 718.) Editorial Notes CODIFICATION Section was enacted as part of the Department of the Interior and Related Agencies Appropriations Act, 1990, and not as part of the Indian Gaming Regulatory Act which comprises this chapter. § 2718. Authorization of appropriations (a) Subject to section 2717 of this title, there are authorized to be appropriated, for fiscal year 1998, and for each fiscal year thereafter, an amount equal to the amount of funds derived from the assessments authorized by section 2717(a) of this title.