Gaming regulatory act

III notification by the Indian tribe to the Commission of the results of such background check before the issuance of any of such licenses. A the Indian tribe has prepared a plan to allocate revenues to uses authorized by paragraph 2 B ;. B the plan is approved by the Secretary as adequate, particularly with respect to uses described in clause i or iii of paragraph 2 B ;.

C the interests of minors and other legally incompetent persons who are entitled to receive any of the per capita payments are protected and preserved and the per capita payments are disbursed to the parents or legal guardian of such minors or legal incompetents in such amounts as may be necessary for the health, education, or welfare, of the minor or other legally incompetent person under a plan approved by the Secretary and the governing body of the Indian tribe; and.

D the per capita payments are subject to Federal taxation and tribes notify members of such tax liability when payments are made. No person or entity, other than the Indian tribe, shall be eligible to receive a tribal license to own a class II gaming activity conducted on Indian lands within the jurisdiction of the Indian tribe if such person or entity would not be eligible to receive a State license to conduct the same activity within the jurisdiction of the State.

B i The provisions of subparagraph A of this paragraph and the provisions of subparagraphs A and B of paragraph 2 shall not bar the continued operation of an individually owned class II gaming operation that was operating on September 1, , if—. I such gaming operation is licensed and regulated by an Indian tribe pursuant to an ordinance reviewed and approved by the Commission in accordance with section of this title,.

II income to the Indian tribe from such gaming is used only for the purposes described in paragraph 2 B of this subsection,. IV the owner of such gaming operation pays an appropriate assessment to the National Indian Gaming Commission under section a 1 of this title for regulation of such gaming. A has continuously conducted such activity for a period of not less than three years, including at least one year after October 17, ; and.

A the tribe shall not be subject to the provisions of paragraphs 1 , 2 , 3 , and 4 of section b of this title;. B the tribe shall continue to submit an annual independent audit as required by subsection b 2 C of this section and shall submit to the Commission a complete resume on all employees hired and licensed by the tribe subsequent to the issuance of a certificate of self-regulation; and.

C the Commission may not assess a fee on such activity pursuant to section of this title in excess of one quarter of 1 per centum of the gross revenue. B located in a State that permits such gaming for any purpose by any person, organization, or entity, and. C conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the State under paragraph 3 that is in effect. B The Chairman shall approve any ordinance or resolution described in subparagraph A , unless the Chairman specifically determines that—.

Upon the approval of such an ordinance or resolution, the Chairman shall publish in the Federal Register such ordinance or resolution and the order of approval. C Effective with the publication under subparagraph B of an ordinance or resolution adopted by the governing body of an Indian tribe that has been approved by the Chairman under subparagraph B , class III gaming activity on the Indian lands of the Indian tribe shall be fully subject to the terms and conditions of the Tribal-State compact entered into under paragraph 3 by the Indian tribe that is in effect.

D i The governing body of an Indian tribe, in its sole discretion and without the approval of the Chairman, may adopt an ordinance or resolution revoking any prior ordinance or resolution that authorized class III gaming on the Indian lands of the Indian tribe. The Chairman shall publish such ordinance or resolution in the Federal Register and the revocation provided by such ordinance or resolution shall take effect on the date of such publication.

I any person or entity operating a class III gaming activity pursuant to this paragraph on the date on which an ordinance or resolution described in clause i that revokes authorization for such class III gaming activity is published in the Federal Register may, during the 1-year period beginning on the date on which such revocation ordinance or resolution is published under clause ii , continue to operate such activity in conformance with the Tribal-State compact entered into under paragraph 3 that is in effect, and.

II any civil action that arises before, and any crime that is committed before, the close of such 1-year period shall not be affected by such revocation ordinance or resolution.

Upon receiving such a request, the State shall negotiate with the Indian tribe in good faith to enter into such a compact. B Any State and any Indian tribe may enter into a Tribal-State compact governing gaming activities on the Indian lands of the Indian tribe, but such compact shall take effect only when notice of approval by the Secretary of such compact has been published by the Secretary in the Federal Register.

C Any Tribal-State compact negotiated under subparagraph A may include provisions relating to—. No State may refuse to enter into the negotiations described in paragraph 3 A based upon the lack of authority in such State, or its political subdivisions, to impose such a tax, fee, charge, or other assessment.

B i An Indian tribe may initiate a cause of action described in subparagraph A i only after the close of the day period beginning on the date on which the Indian tribe requested the State to enter into negotiations under paragraph 3 A. II the State did not respond to the request of the Indian tribe to negotiate such a compact or did not respond to such request in good faith,.

In determining in such an action whether a State has negotiated in good faith, the court—. I may take into account the public interest, public safety, criminality, financial integrity, and adverse economic impacts on existing gaming activities, and.

II shall consider any demand by the State for direct taxation of the Indian tribe or of any Indian lands as evidence that the State has not negotiated in good faith. The mediator shall select from the two proposed compacts the one which best comports with the terms of this chapter and any other applicable Federal law and with the findings and order of the court.

I which are consistent with the proposed compact selected by the mediator under clause iv , the provisions of this chapter, and the relevant provisions of the laws of the State, and. B The Secretary may disapprove a compact described in subparagraph A only if such compact violates—.

C If the Secretary does not approve or disapprove a compact described in subparagraph A before the date that is 45 days after the date on which the compact is submitted to the Secretary for approval, the compact shall be considered to have been approved by the Secretary, but only to the extent the compact is consistent with the provisions of this chapter. D The Secretary shall publish in the Federal Register notice of any Tribal-State compact that is approved, or considered to have been approved, under this paragraph.

The Chairman's review and approval of such contract shall be governed by the provisions of subsections b , c , d , f , g , and h of section of this title. For purposes of this section, by not later than the date that is 90 days after the date on which any tribal gaming ordinance or resolution is submitted to the Chairman, the Chairman shall approve such ordinance or resolution if it meets the requirements of this section.

Any such ordinance or resolution not acted upon at the end of that day period shall be considered to have been approved by the Chairman, but only to the extent such ordinance or resolution is consistent with the provisions of this chapter. A the name, address, and other additional pertinent background information on each person or entity including individuals comprising such entity having a direct financial interest in, or management responsibility for, such contract, and, in the case of a corporation, those individuals who serve on the board of directors of such corporation and each of its stockholders who hold directly or indirectly 10 percent or more of its issued and outstanding stock;.

B a description of any previous experience that each person listed pursuant to subparagraph A has had with other gaming contracts with Indian tribes or with the gaming industry generally, including specifically the name and address of any licensing or regulatory agency with which such person has had a contract relating to gaming; and.

The Chairman may approve any management contract entered into pursuant to this section only if he determines that it provides at least—. Except as otherwise provided in this subsection, such fee shall not exceed 30 percent of the net revenues.

By no later than the date that is days after the date on which a management contract is submitted to the Chairman for approval, the Chairman shall approve or disapprove such contract on its merits.

The Chairman may extend the day period by not more than 90 days if the Chairman notifies the Indian tribe in writing of the reason for the extension. The Indian tribe may bring an action in a United States district court to compel action by the Chairman if a contract has not been approved or disapproved within the period required by this subsection.

A is an elected member of the governing body of the Indian tribe which is the party to the management contract;. C has knowingly and willfully provided materially important false statements or information to the Commission or the Indian tribe pursuant to this chapter or has refused to respond to questions propounded pursuant to subsection a 2 of this section; or.

D has been determined to be a person whose prior activities, criminal record if any, or reputation, habits, and associations pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental thereto;.

The Chairman, after notice and hearing, shall have the authority to require appropriate contract modifications or may void any contract if he subsequently determines that any of the provisions of this section have been violated.

No management contract for the operation and management of a gaming activity regulated by this chapter shall transfer or, in any other manner, convey any interest in land or other real property, unless specific statutory authority exists and unless clearly specified in writing in said contract. The authority of the Secretary under section 81 of this title, relating to management contracts regulated pursuant to this chapter, is hereby transferred to the Commission.

The Commission shall require a potential contractor to pay a fee to cover the cost of the investigation necessary to reach a determination required in subsection e of this section. As soon as practicable after the organization of the Commission, the Chairman shall notify each Indian tribe or management contractor who, prior to October 17, , adopted an ordinance or resolution authorizing class II gaming or class III gaming or entered into a management contract, that such ordinance, resolution, or contract, including all collateral agreements relating to the gaming activity, must be submitted for his review within 60 days of such notification.

Any activity conducted under such ordinance, resolution, contract, or agreement shall be valid under this chapter, or any amendment made by this chapter, unless disapproved under this section. If a management contract has been approved by the Secretary prior to October 17, , the parties shall have not more than days after notification of necessary modifications to come into compliance.

Civil penalties a Authority; amount; appeal; written complaint. The allegation shall be set forth in common and concise language and must specify the statutory or regulatory provisions alleged to have been violated, but may not consist merely of allegations stated in statutory or regulatory language.

Not later than sixty days following such hearing, the Commission shall, by a vote of not less than two of its members, decide whether to order a permanent closure of the gaming operation. A decision of the Commission to give final approval of a fine levied by the Chairman or to order a permanent closure pursuant to this section shall be appealable to the appropriate Federal district court pursuant to chapter 7 of title 5. Slot News.

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