25 U.S.C. § 2718 — Authorization of appropriations

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. Page 510 TITLE 25—INDIANS § 2719 (b) Notwithstanding section 2717 of this title, there are authorized to be appropriated to fund the operation of the Commission, $2,000,000 for fiscal year 1998, and $2,000,000 for each fiscal year thereafter. The amounts authorized to be appro- priated in the preceding sentence shall be in ad- dition to the amounts authorized to be appro- priated under subsection (a). (Pub. L. 100–497, § 19, Oct. 17, 1988, 102 Stat. 2485; Pub. L. 102–238, § 2(b), Dec. 17, 1991, 105 Stat. 1908; Pub. L. 105–83, title I, § 123(b), Nov. 14, 1997, 111 Stat. 1566; Pub. L. 105–119, title VI, § 627, Nov. 26, 1997, 111 Stat. 2522.) Editorial Notes AMENDMENTS 1997—Subsec. (a). Pub. L. 105–119 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Subject to the provisions of section 2717 of this title, there are hereby 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 for the fiscal year immediately preceding the fiscal year involved, for the operation of the Commission.’’ Pub. L. 105–83, § 123(b)(1), substituted ‘‘for fiscal year 1998, and for each fiscal year thereafter, an amount equal to the amount of funds derived from the assess- ments authorized by section 2717(a) of this title for the fiscal year immediately preceding the fiscal year in- volved,’’ for ‘‘such sums as may be necessary’’. Subsec. (b). Pub. L. 105–83, § 123(b)(2), added subsec. (b) and struck out former subsec. (b) which read as follows: ‘‘Notwithstanding the provisions of section 2717 of this title, there are hereby authorized to be appropriated not to exceed $2,000,000 to fund the operation of the Commission for each of the fiscal years beginning Octo- ber 1, 1988, and October 1, 1989. Notwithstanding the provisions of section 2717 of this title, there are author- ized to be appropriated such sums as may be necessary to fund the operation of the Commission for each of the fiscal years beginning October 1, 1991, and October 1, 1992.’’ 1991—Subsec. (b). Pub. L. 102–238 inserted at end ‘‘Notwithstanding the provisions of section 2717 of this title, there are authorized to be appropriated such sums as may be necessary to fund the operation of the Com- mission for each of the fiscal years beginning October 1, 1991, and October 1, 1992.’’ § 2719. Gaming on lands acquired after October 17, 1988 (a) Prohibition on lands acquired in trust by Sec- retary Except as provided in subsection (b), gaming regulated by this chapter shall not be conducted on lands acquired by the Secretary in trust for the benefit of an Indian tribe after October 17, 1988, unless— (1) such lands are located within or contig- uous to the boundaries of the reservation of the Indian tribe on October 17, 1988; or (2) the Indian tribe has no reservation on Oc- tober 17, 1988, and— (A) such lands are located in Oklahoma and— (i) are within the boundaries of the In- dian tribe’s former reservation, as defined by the Secretary, or (ii) are contiguous to other land held in trust or restricted status by the United States for the Indian tribe in Oklahoma; or (B) such lands are located in a State other than Oklahoma and are within the Indian tribe’s last recognized reservation within the State or States within which such Indian tribe is presently located. (b) Exceptions (1) Subsection (a) will not apply when— (A) the Secretary, after consultation with the Indian tribe and appropriate State and local officials, including officials of other nearby Indian tribes, determines that a gam- ing establishment on newly acquired lands would be in the best interest of the Indian tribe and its members, and would not be detri- mental to the surrounding community, but only if the Governor of the State in which the gaming activity is to be conducted concurs in the Secretary’s determination; or (B) lands are taken into trust as part of— (i) a settlement of a land claim, (ii) the initial reservation of an Indian tribe acknowledged by the Secretary under the Federal acknowledgment process, or (iii) the restoration of lands for an Indian tribe that is restored to Federal recognition. (2) Subsection (a) shall not apply to— (A) any lands involved in the trust petition of the St. Croix Chippewa Indians of Wisconsin that is the subject of the action filed in the United States District Court for the District of Columbia entitled St. Croix Chippewa Indi- ans of Wisconsin v. United States, Civ. No. 86–2278, or (B) the interests of the Miccosukee Tribe of Indians of Florida in approximately 25 contig- uous acres of land, more or less, in Dade Coun- ty, Florida, located within one mile of the intersection of State Road Numbered 27 (also known as Krome Avenue) and the Tamiami Trail. (3) Upon request of the governing body of the Miccosukee Tribe of Indians of Florida, the Sec- retary shall, notwithstanding any other provi- sion of law, accept the transfer by such Tribe to the Secretary of the interests of such Tribe in the lands described in paragraph (2)(B) and the Secretary shall declare that such interests are held in trust by the Secretary for the benefit of such Tribe and that such interests are part of the reservation of such Tribe under sections 5108 and 5110 of this title, subject to any encum- brances and rights that are held at the time of such transfer by any person or entity other than such Tribe. The Secretary shall publish in the Federal Register the legal description of any lands that are declared held in trust by the Sec- retary under this paragraph. (c) Authority of Secretary not affected Nothing in this section shall affect or dimin- ish the authority and responsibility of the Sec- retary to take land into trust. (d) Application of title 26 (1) The provisions of title 26 (including sec- tions 1441, 3402(q), 6041, and 6050I, and chapter 35 of such title) concerning the reporting and with- holding of taxes with respect to the winnings from gaming or wagering operations shall apply to Indian gaming operations conducted pursuant to this chapter, or under a Tribal-State compact entered into under section 2710(d)(3) of this title