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L. 100–297, enacting this chapter, repealing sections
241aa, 241bb, 241cc to 241ff, 1211a, 1221f to 1221h, and 3385
to 3385b of Title 20, Education, and repealing provisions
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 Repealed.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 opportunities for Indian children.
Section 2622, Pub. L. 100–297, title V, § 5322, Apr. 28,
1988, 102 Stat. 406, related to special educational training 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 students.
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 RELATING TO ADULT EDUCATION FOR INDIANS
§ 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 Repealed.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 opportunities 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 Repealed.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 section 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 Indian Education.
Section 2643, Pub. L. 100–297, title V, § 5343, Apr. 28,
1988, 102 Stat. 413, authorized appropriations for administration 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 section 7881 of Title 20, Education.
CHAPTER 29—INDIAN GAMING REGULATION
Sec.
2701.
2702.
2703.
§ 2702
TITLE 25—INDIANS
Findings.
Declaration of policy.
Definitions.
Sec.
2704.
2705.
2706.
2707.
2708.
2709.
2710.
2711.
2712.
2713.
2714.
2715.
2716.
2717.
2717a.
2718.
2719.
2720.
2721.
National Indian Gaming Commission.
Powers of Chairman.
Powers of Commission.
Commission staffing.
Commission; access to information.
Interim authority to regulate gaming.
Tribal gaming ordinances.
Management contracts.
Review of existing ordinances and contracts.
Civil penalties.
Judicial review.
Subpoena and deposition authority.
Investigative powers.
Commission funding.
Availability of class II gaming activity fees
to carry out duties of Commission.
Authorization of appropriations.
Gaming on lands acquired after October 17,
1988.
Dissemination of information.
Severability.
§ 2701. Findings
The Congress finds that—
(1) numerous Indian tribes have become engaged 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 approval 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 government; and
(5) Indian tribes have the exclusive right to
regulate gaming activity on Indian lands if
the gaming activity is not specifically prohibited 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, provided: ‘‘That this Act [enacting this chapter and sections 1166 to 1168 of Title 18, Crimes and Criminal Procedure] 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 operation of gaming by Indian tribes as a means of
promoting tribal economic development, selfsufficiency, and strong tribal governments;
(2) to provide a statutory basis for the regulation of gaming by an Indian tribe adequate
to shield it from organized crime and other
corrupting influences, to ensure that the Indian 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
§ 2703
TITLE 25—INDIANS
(3) to declare that the establishment of independent Federal regulatory authority for gaming on Indian lands, the establishment of Federal standards for gaming on Indian lands, and
the establishment of a National Indian Gaming Commission are necessary to meet congressional 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 Chairman of the National Indian Gaming Commission.
(3) The term ‘‘Commission’’ means the National 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 Indian 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 restriction by the United States against alienation and over which an Indian tribe exercises governmental power.
(5) The term ‘‘Indian tribe’’ means any Indian tribe, band, nation, or other organized
group or community of Indians which—
(A) is recognized as eligible by the Secretary for the special programs and services
provided by the United States to Indians because 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 connection therewith)—
(I) which is played for prizes, including
monetary prizes, with cards bearing numbers or other designations,
(II) in which the holder of the card covers such numbers or designations when objects, 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-
Page 498
ignated arrangement of numbers or designations on such cards,
including (if played in the same location)
pull-tabs, lotto, punch boards, tip jars, instant 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 location 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 periods of operation of such card games or limitations on wagers or pot sizes in such card
games.
(B) The term ‘‘class II gaming’’ does not include—
(i) any banking card games, including
baccarat, chemin de fer, or blackjack (21), or
(ii) electronic or electromechanical facsimiles of any game of chance or slot machines of any kind.
(C) Notwithstanding any other provision of
this paragraph, the term ‘‘class II gaming’’ includes those card games played in the State of
Michigan, the State of North Dakota, the
State of South Dakota, or the State of Washington, 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 operated by an Indian tribe in such State on or
before such date, as determined by the Chairman.
(D) Notwithstanding any other provision of
this paragraph, the term ‘‘class II gaming’’ includes, during the 1-year period beginning on
October 17, 1988, any gaming described in subparagraph (B)(ii) that was legally operated on
Indian lands on or before May 1, 1988, if the Indian 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 Tribal-State compact under section 2710(d)(3) of
this title.
(E) Notwithstanding any other provision of
this paragraph, the term ‘‘class II gaming’’ includes, 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 gaming 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 determination that the gaming described in subparagraph (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 following 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.
Page 499
TITLE 25—INDIANS
(9) The term ‘‘net revenues’’ means gross
revenues of an Indian gaming activity less
amounts paid out as, or paid for, prizes and
total operating expenses, excluding management fees.
(10) The term ‘‘Secretary’’ means the Secretary of the Interior.
(Pub. L. 100–497, § 4, Oct. 17, 1988, 102 Stat. 2467;
Pub. L. 102–238, § 2(a), Dec. 17, 1991, 105 Stat. 1908;
Pub. L. 102–497, § 16, Oct. 24, 1992, 106 Stat. 3261.)
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.
AMENDMENTS
1992—Par. (7)(E). Pub. L. 102–497 struck out ‘‘or Montana’’ after ‘‘Wisconsin’’.
1991—Par. (7)(E), (F). Pub. L. 102–238 added subpars.
(E) and (F).
Statutory Notes and Related Subsidiaries
CLASS II GAMING WITH RESPECT TO INDIAN TRIBES IN
WISCONSIN OR MONTANA ENGAGED IN NEGOTIATING
TRIBAL-STATE COMPACTS
Pub. L. 101–301, § 6, May 24, 1990, 104 Stat. 209, provided
that: ‘‘Notwithstanding any other provision of law, the
term ‘class II gaming’ includes, for purposes of applying Public Law 100–497 [25 U.S.C. 2701 et seq.] with respect to any Indian tribe located in the State of Wisconsin or the State of Montana, during the 1-year period beginning on the date of enactment of this Act
[May 24, 1990], any gaming described in section
4(7)(B)(ii) of Public Law 100–497 [25 U.S.C. 2703(7)(B)(ii)]
that was legally operated on Indian lands on or before
May 1, 1988, if the Indian tribe having jurisdiction over
the lands on which such gaming was operated made a
request, by no later than November 16, 1988, to the
State in which such gaming is operated to negotiate a
Tribal-State compact under section 11(d)(3) of Public
Law 100–497 [25 U.S.C. 2710(d)(3)].’’
TRIBAL-STATE COMPACT COVERING INDIAN TRIBES IN
MINNESOTA; OPERATION OF CLASS II GAMES; ALLOWANCE OF ADDITIONAL YEAR FOR NEGOTIATIONS
Pub. L. 101–121, title I, § 118, Oct. 23, 1989, 103 Stat. 722,
provided that: ‘‘Notwithstanding any other provision of
law, the term ‘Class II gaming’ in Public Law 100–497
[25 U.S.C. 2701 et seq.], for any Indian tribe located in
the State of Minnesota, includes, during the period
commencing on the date of enactment of this Act [Oct.
23, 1989] and continuing for 365 days from that date, any
gaming described in section 4(7)(B)(ii) of Public Law
100–497 [25 U.S.C. 2703(7)(B)(ii)] that was legally operated on Indian lands on or before May 1, 1988, if the Indian tribe having jurisdication [sic] over the lands on
which such gaming was operated, requested the State
of Minnesota, no later than 30 days after the date of enactment of Public Law 100–497 [Oct. 17, 1988], to negotiate a tribal-state compact pursuant to section 11(d)(3)
of Public Law 100–497 [25 U.S.C. 2710(d)(3)].’’
§ 2704. National Indian Gaming Commission
(a) Establishment
There is established within the Department of
the Interior a Commission to be known as the
National Indian Gaming Commission.
§ 2704
(b) Composition; investigation; term of office; removal
(1) The Commission shall be composed of three
full-time members who shall be appointed as follows:
(A) a Chairman, who shall be appointed by
the President with the advice and consent of
the Senate; and
(B) two associate members who shall be appointed by the Secretary of the Interior.
(2)(A) The Attorney General shall conduct a
background investigation on any person considered for appointment to the Commission.
(B) The Secretary shall publish in the Federal
Register the name and other information the
Secretary deems pertinent regarding a nominee
for membership on the Commission and shall
allow a period of not less than thirty days for receipt of public comment.
(3) Not more than two members of the Commission shall be of the same political party. At
least two members of the Commission shall be
enrolled members of any Indian tribe.
(4)(A) Except as provided in subparagraph (B),
the term of office of the members of the Commission shall be three years.
(B) Of the initial members of the Commission—
(i) two members, including the Chairman,
shall have a term of office of three years; and
(ii) one member shall have a term of office of
one year.
(5) No individual shall be eligible for any appointment to, or to continue service on, the
Commission, who—
(A) has been convicted of a felony or gaming
offense;
(B) has any financial interest in, or management responsibility for, any gaming activity;
or
(C) has a financial interest in, or management responsibility for, any management contract approved pursuant to section 2711 of this
title.
(6) A Commissioner may only be removed from
office before the expiration of the term of office
of the member by the President (or, in the case
of associate member, by the Secretary) for neglect of duty, or malfeasance in office, or for
other good cause shown.
(c) Vacancies
Vacancies occurring on the Commission shall
be filled in the same manner as the original appointment. A member may serve after the expiration of his term of office until his successor
has been appointed, unless the member has been
removed for cause under subsection (b)(6).
(d) Quorum
Two members of the Commission, at least one
of which is the Chairman or Vice Chairman,
shall constitute a quorum.
(e) Vice Chairman
The Commission shall select, by majority
vote, one of the members of the Commission to
serve as Vice Chairman. The Vice Chairman
shall serve as Chairman during meetings of the
Commission in the absence of the Chairman.
§ 2705
TITLE 25—INDIANS
(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 Executive 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 reimbursed in accordance with title 5 for travel,
subsistence, and other necessary expenses incurred by them in the performance of their duties.
(Pub. L. 100–497, § 5, Oct. 17, 1988, 102 Stat. 2469.)
§ 2705. Powers of Chairman
(a) The Chairman, on behalf of the Commission, shall have power, subject to an appeal to
the Commission, to—
(1) issue orders of temporary closure of gaming 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 gaming 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 Chairman, 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 section 2713(a) of this title;
(3) by an affirmative vote of not less than 2
members, to establish the rate of fees as provided 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 permanent a temporary order of the Chairman
closing a gaming activity as provided in section 2713(b)(2) of this title.
(b) Monitoring; inspection of premises; investigations; access to records; mail; contracts; hearings; oaths; regulations
The Commission—
(1) shall monitor class II gaming conducted
on Indian lands on a continuing basis;
Page 500
(2) shall inspect and examine all premises located 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, examine, 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 duties 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 property 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, contract 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 implement 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 chapter, 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 operations 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,
Page 501
§ 2710
TITLE 25—INDIANS
and sections 2801 to 2805 of Title 39, Postal Service,
amended section 1105 of Title 31, and enacted provisions
set out as notes under sections 1101 and 1115 of Title 31.
For complete classification of this Act to the Code, see
Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.
CODIFICATION
Subsec. (c) of this section, which required the Commission to submit a report to Congress every two years
on various matters relating to the operation of the
Commission, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out
as a note under section 1113 of Title 31, Money and Finance. See, also, page 114 of House Document No. 1037.
AMENDMENTS
2006—Subsec. (d). Pub. L. 109–221 added subsec. (d).
§ 2707. Commission staffing
(a) General Counsel
The Chairman shall appoint a General Counsel
to the Commission who shall be paid at the annual rate of basic pay payable for GS–18 of the
General Schedule under section 5332 of title 5.
(b) Staff
The Chairman shall appoint and supervise
other staff of the Commission without regard to
the provisions of title 5 governing appointments
in the competitive service. Such staff shall be
paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule
pay rates, except that no individual so appointed may receive pay in excess of the annual
rate of basic pay payable for GS–17 of the General Schedule under section 5332 of that title.
(c) Temporary services
The Chairman may procure temporary and
intermittent services under section 3109(b) of
title 5, but at rates for individuals not to exceed
the daily equivalent of the maximum annual
rate of basic pay payable for GS–18 of the General Schedule.
(d) Federal agency personnel
Upon the request of the Chairman, the head of
any Federal agency is authorized to detail any
of the personnel of such agency to the Commission to assist the Commission in carrying out its
duties under this chapter, unless otherwise prohibited by law.
(e) Administrative support services
The Secretary or Administrator of General
Services shall provide to the Commission on a
reimbursable basis such administrative support
services as the Commission may request.
(Pub. L. 100–497, § 8, Oct. 17, 1988, 102 Stat. 2471.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (d), 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.
Statutory Notes and Related Subsidiaries
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY
RATES
References in laws to the rates of pay for GS–16, 17,
or 18, or to maximum rates of pay under the General
Schedule, to be considered references to rates payable
under specified sections of Title 5, Government Organization and Employees, see section 529 [title I, § 101(c)(1)]
of Pub. L. 101–509, set out in a note under section 5376
of Title 5.
§ 2708. Commission; access to information
The Commission may secure from any department or agency of the United States information necessary to enable it to carry out this
chapter. Upon the request of the Chairman, the
head of such department or agency shall furnish
such information to the Commission, unless otherwise prohibited by law.
(Pub. L. 100–497, § 9, Oct. 17, 1988, 102 Stat. 2472.)
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.
§ 2709. Interim authority to regulate gaming
Notwithstanding any other provision of this
chapter, the Secretary shall continue to exercise
those authorities vested in the Secretary on the
day before October 17, 1988, relating to supervision of Indian gaming until such time as the
Commission is organized and prescribes regulations. The Secretary shall provide staff and support assistance to facilitate an orderly transition to regulation of Indian gaming by the Commission.
(Pub. L. 100–497, § 10, Oct. 17, 1988, 102 Stat. 2472.)
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.
§ 2710. Tribal gaming ordinances
(a) Jurisdiction over class I and class II gaming
activity
(1) Class I gaming on Indian lands is within
the exclusive jurisdiction of the Indian tribes
and shall not be subject to the provisions of this
chapter.
(2) Any class II gaming on Indian lands shall
continue to be within the jurisdiction of the Indian tribes, but shall be subject to the provisions of this chapter.
(b) Regulation of class II gaming activity; net
revenue allocation; audits; contracts
(1) An Indian tribe may engage in, or license
and regulate, class II gaming on Indian lands
within such tribe’s jurisdiction, if—
§ 2710
TITLE 25—INDIANS
(A) such Indian gaming is located within a
State that permits such gaming for any purpose by any person, organization or entity
(and such gaming is not otherwise specifically
prohibited on Indian lands by Federal law),
and
(B) the governing body of the Indian tribe
adopts an ordinance or resolution which is approved by the Chairman.
A separate license issued by the Indian tribe
shall be required for each place, facility, or location on Indian lands at which class II gaming is
conducted.
(2) The Chairman shall approve any tribal ordinance or resolution concerning the conduct, or
regulation of class II gaming on the Indian lands
within the tribe’s jurisdiction if such ordinance
or resolution provides that—
(A) except as provided in paragraph (4), the
Indian tribe will have the sole proprietary interest and responsibility for the conduct of
any gaming activity;
(B) net revenues from any tribal gaming are
not to be used for purposes other than—
(i) to fund tribal government operations or
programs;
(ii) to provide for the general welfare of
the Indian tribe and its members;
(iii) to promote tribal economic development;
(iv) to donate to charitable organizations;
or
(v) to help fund operations of local government agencies;
(C) annual outside audits of the gaming,
which may be encompassed within existing
independent tribal audit systems, will be provided by the Indian tribe to the Commission;
(D) all contracts for supplies, services, or
concessions for a contract amount in excess of
$25,000 annually (except contracts for professional legal or accounting services) relating to
such gaming shall be subject to such independent audits;
(E) the construction and maintenance of the
gaming facility, and the operation of that
gaming is conducted in a manner which adequately protects the environment and the public health and safety; and
(F) there is an adequate system which—
(i) ensures that background investigations
are conducted on the primary management
officials and key employees of the gaming
enterprise and that oversight of such officials and their management is conducted on
an ongoing basis; and
(ii) includes—
(I) tribal licenses for primary management officials and key employees of the
gaming enterprise with prompt notification to the Commission of the issuance of
such licenses;
(II) a standard whereby any 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 of gaming, or create or enhance the dangers of unsuitable,
unfair, or illegal practices and methods
and activities in the conduct of gaming
shall not be eligible for employment; and
Page 502
(III) notification by the Indian tribe to
the Commission of the results of such
background check before the issuance of
any of such licenses.
(3) Net revenues from any class II gaming activities conducted or licensed by any Indian
tribe may be used to make per capita payments
to members of the Indian tribe only if—
(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.
(4)(A) A tribal ordinance or resolution may
provide for the licensing or regulation of class II
gaming activities owned by any person or entity
other than the Indian tribe and conducted on Indian lands, only if the tribal licensing requirements include the requirements described in the
subclauses of subparagraph (B)(i) and are at
least as restrictive as those established by State
law governing similar gaming within the jurisdiction of the State within which such Indian
lands are located. 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, 1986, 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 2712 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,
(III) not less than 60 percent of the net revenues is income to the Indian tribe, and
(IV) the owner of such gaming operation
pays an appropriate assessment to the National Indian Gaming Commission under section 2717(a)(1) of this title for regulation of
such gaming.
(ii) The exemption from the application of this
subsection provided under this subparagraph
may not be transferred to any person or entity
Page 503
TITLE 25—INDIANS
§ 2710
and shall remain in effect only so long as the
gaming activity remains within the same nature
and scope as operated on October 17, 1988.
(iii) Within sixty days of October 17, 1988, the
Secretary shall prepare a list of each individually owned gaming operation to which clause
(i) applies and shall publish such list in the Federal Register.
mission 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 2717 of this
title in excess of one quarter of 1 per centum
of the gross revenue.
(c) Issuance of gaming license; certificate of selfregulation
(1) The Commission may consult with appropriate law enforcement officials concerning
gaming licenses issued by an Indian tribe and
shall have thirty days to notify the Indian tribe
of any objections to issuance of such license.
(2) If, after the issuance of a gaming license by
an Indian tribe, reliable information is received
from the Commission indicating that a primary
management official or key employee does not
meet the standard established under subsection
(b)(2)(F)(ii)(II), the Indian tribe shall suspend
such license and, after notice and hearing, may
revoke such license.
(3) Any Indian tribe which operates a class II
gaming activity and which—
(A) has continuously conducted such activity for a period of not less than three years,
including at least one year after October 17,
1988; and
(B) has otherwise complied with the provisions of this section 1
(6) The Commission may, for just cause and
after an opportunity for a hearing, remove a certificate of self-regulation by majority vote of its
members.
(d) Class III gaming activities; authorization;
revocation; Tribal-State compact
(1) Class III gaming activities shall be lawful
on Indian lands only if such activities are—
(A) authorized by an ordinance or resolution
that—
(i) is adopted by the governing body of the
Indian tribe having jurisdiction over such
lands,
(ii) meets the requirements of subsection
(b), and
(iii) is approved by the Chairman,
may petition the Commission for a certificate of
self-regulation.
(4) The Commission shall issue a certificate of
self-regulation if it determines from available
information, and after a hearing if requested by
the tribe, that the tribe has—
(A) conducted its gaming activity in a manner which—
(i) has resulted in an effective and honest
accounting of all revenues;
(ii) has resulted in a reputation for safe,
fair, and honest operation of the activity;
and
(iii) has been generally free of evidence of
criminal or dishonest activity;
(2)(A) If any Indian tribe proposes to engage
in, or to authorize any person or entity to engage in, a class III gaming activity on Indian
lands of the Indian tribe, the governing body of
the Indian tribe shall adopt and submit to the
Chairman an ordinance or resolution that meets
the requirements of subsection (b).
(B) The Chairman shall approve any ordinance
or resolution described in subparagraph (A), unless the Chairman specifically determines that—
(i) the ordinance or resolution was not
adopted in compliance with the governing documents of the Indian tribe, or
(ii) the tribal governing body was significantly and unduly influenced in the adoption
of such ordinance or resolution by any person
identified in section 2711(e)(1)(D) of this title.
(B) adopted and is implementing adequate
systems for—
(i) accounting for all revenues from the activity;
(ii) investigation, licensing, and monitoring of all employees of the gaming activity; and
(iii) investigation, enforcement and prosecution of violations of its gaming ordinance
and regulations; and
(C) conducted the operation on a fiscally and
economically sound basis.
(5) During any year in which a tribe has a certificate for self-regulation—
(A) the tribe shall not be subject to the provisions of paragraphs (1), (2), (3), and (4) of section 2706(b) of this title;
(B) the tribe shall continue to submit an annual independent audit as required by subsection (b)(2)(C) and shall submit to the Com1 So
in original. Probably should be followed by a comma.
(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 TribalState compact entered into by the Indian tribe
and the State under paragraph (3) that is in effect.
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. Such revocation
shall render class III gaming illegal on the Indian lands of such Indian tribe.
§ 2710
TITLE 25—INDIANS
(ii) The Indian tribe shall submit any revocation ordinance or resolution described in clause
(i) to the Chairman. 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.
(iii) Notwithstanding any other provision of
this subsection—
(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.
(3)(A) Any Indian tribe having jurisdiction
over the Indian lands upon which a class III
gaming activity is being conducted, or is to be
conducted, shall request the State in which such
lands are located to enter into negotiations for
the purpose of entering into a Tribal-State compact governing the conduct of gaming activities.
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—
(i) the application of the criminal and civil
laws and regulations of the Indian tribe or the
State that are directly related to, and necessary for, the licensing and regulation of such
activity;
(ii) the allocation of criminal and civil jurisdiction between the State and the Indian tribe
necessary for the enforcement of such laws
and regulations;
(iii) the assessment by the State of such activities in such amounts as are necessary to
defray the costs of regulating such activity;
(iv) taxation by the Indian tribe of such activity in amounts comparable to amounts assessed by the State for comparable activities;
(v) remedies for breach of contract;
(vi) standards for the operation of such activity and maintenance of the gaming facility,
including licensing; and
(vii) any other subjects that are directly related to the operation of gaming activities.
(4) Except for any assessments that may be
agreed to under paragraph (3)(C)(iii) of this subsection, nothing in this section shall be interpreted as conferring upon a State or any of its
Page 504
political subdivisions authority to impose any
tax, fee, charge, or other assessment upon an Indian tribe or upon any other person or entity authorized by an Indian tribe to engage in a class
III activity. 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.
(5) Nothing in this subsection shall impair the
right of an Indian tribe to regulate class III
gaming on its Indian lands concurrently with
the State, except to the extent that such regulation is inconsistent with, or less stringent than,
the State laws and regulations made applicable
by any Tribal-State compact entered into by the
Indian tribe under paragraph (3) that is in effect.
(6) The provisions of section 1175 of title 15
shall not apply to any gaming conducted under
a Tribal-State compact that—
(A) is entered into under paragraph (3) by a
State in which gambling devices are legal, and
(B) is in effect.
(7)(A) The United States district courts shall
have jurisdiction over—
(i) any cause of action initiated by an Indian
tribe arising from the failure of a State to
enter into negotiations with the Indian tribe
for the purpose of entering into a Tribal-State
compact under paragraph (3) or to conduct
such negotiations in good faith,
(ii) any cause of action initiated by a State
or Indian tribe to enjoin a class III gaming activity located on Indian lands and conducted
in violation of any Tribal-State compact entered into under paragraph (3) that is in effect,
and
(iii) any cause of action initiated by the Secretary to enforce the procedures prescribed
under subparagraph (B)(vii).
(B)(i) An Indian tribe may initiate a cause of
action described in subparagraph (A)(i) only
after the close of the 180-day period beginning
on the date on which the Indian tribe requested
the State to enter into negotiations under paragraph (3)(A).
(ii) In any action described in subparagraph
(A)(i), upon the introduction of evidence by an
Indian tribe that—
(I) a Tribal-State compact has not been entered into under paragraph (3), and
(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,
the burden of proof shall be upon the State to
prove that the State has negotiated with the Indian tribe in good faith to conclude a TribalState compact governing the conduct of gaming
activities.
(iii) If, in any action described in subparagraph (A)(i), the court finds that the State has
failed to negotiate in good faith with the Indian
tribe to conclude a Tribal-State compact governing the conduct of gaming activities, the
court shall order the State and the Indian
Tribe 2 to conclude such a compact within a 60day period. In determining in such an action
2 So
in original. Probably should not be capitalized.
Page 505
§ 2711
TITLE 25—INDIANS
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.
(iv) If a State and an Indian tribe fail to conclude a Tribal-State compact governing the conduct of gaming activities on the Indian lands
subject to the jurisdiction of such Indian tribe
within the 60-day period provided in the order of
a court issued under clause (iii), the Indian tribe
and the State shall each submit to a mediator
appointed by the court a proposed compact that
represents their last best offer for a compact.
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.
(v) The mediator appointed by the court under
clause (iv) shall submit to the State and the Indian tribe the compact selected by the mediator
under clause (iv).
(vi) If a State consents to a proposed compact
during the 60-day period beginning on the date
on which the proposed compact is submitted by
the mediator to the State under clause (v), the
proposed compact shall be treated as a TribalState compact entered into under paragraph (3).
(vii) If the State does not consent during the
60-day period described in clause (vi) to a proposed compact submitted by a mediator under
clause (v), the mediator shall notify the Secretary and the Secretary shall prescribe, in consultation with the Indian tribe, procedures—
(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
(II) under which class III gaming may be
conducted on the Indian lands over which the
Indian tribe has jurisdiction.
(8)(A) The Secretary is authorized to approve
any Tribal-State compact entered into between
an Indian tribe and a State governing gaming on
Indian lands of such Indian tribe.
(B) The Secretary may disapprove a compact
described in subparagraph (A) only if such compact violates—
(i) any provision of this chapter,
(ii) any other provision of Federal law that
does not relate to jurisdiction over gaming on
Indian lands, or
(iii) the trust obligations of the United
States to Indians.
(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.
(9) An Indian tribe may enter into a management contract for the operation of a class III
gaming activity if such contract has been submitted to, and approved by, the Chairman. 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
2711 of this title.
(e) Approval of ordinances
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 90-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.
(Pub. L. 100–497, § 11, Oct. 17, 1988, 102 Stat. 2472.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a), (d)(7)(B)(iv),
(vii)(I), (8)(B)(i), (C), and (e), 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.
CONSTITUTIONALITY
For information regarding the constitutionality of
certain provisions of this section, see the Table of Laws
Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website,
constitution.congress.gov.
§ 2711. Management contracts
(a) Class II gaming activity; information on operators
(1) Subject to the approval of the Chairman,
an Indian tribe may enter into a management
contract for the operation and management of a
class II gaming activity that the Indian tribe
may engage in under section 2710(b)(1) of this
title, but, before approving such contract, the
Chairman shall require and obtain the following
information:
(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
§ 2711
TITLE 25—INDIANS
with which such person has had a contract relating to gaming; and
(C) a complete financial statement of each
person listed pursuant to subparagraph (A).
(2) Any person listed pursuant to paragraph
(1)(A) shall be required to respond to such written or oral questions that the Chairman may
propound in accordance with his responsibilities
under this section.
(3) For purposes of this chapter, any reference
to the management contract described in paragraph (1) shall be considered to include all collateral agreements to such contract that relate
to the gaming activity.
(b) Approval
The Chairman may approve any management
contract entered into pursuant to this section
only if he determines that it provides at least—
(1) for adequate accounting procedures that
are maintained, and for verifiable financial reports that are prepared, by or for the tribal
governing body on a monthly basis;
(2) for access to the daily operations of the
gaming to appropriate tribal officials who
shall also have a right to verify the daily gross
revenues and income made from any such tribal gaming activity;
(3) for a minimum guaranteed payment to
the Indian tribe that has preference over the
retirement of development and construction
costs;
(4) for an agreed ceiling for the repayment of
development and construction costs;
(5) for a contract term not to exceed five
years, except that, upon the request of an Indian tribe, the Chairman may authorize a contract term that exceeds five years but does not
exceed seven years if the Chairman is satisfied
that the capital investment required, and the
income projections, for the particular gaming
activity require the additional time; and
(6) for grounds and mechanisms for terminating such contract, but actual contract termination shall not require the approval of the
Commission.
(c) Fee based on percentage of net revenues
(1) The Chairman may approve a management
contract providing for a fee based upon a percentage of the net revenues of a tribal gaming
activity if the Chairman determines that such
percentage fee is reasonable in light of surrounding circumstances. Except as otherwise
provided in this subsection, such fee shall not
exceed 30 percent of the net revenues.
(2) Upon the request of an Indian tribe, the
Chairman may approve a management contract
providing for a fee based upon a percentage of
the net revenues of a tribal gaming activity that
exceeds 30 percent but not 40 percent of the net
revenues if the Chairman is satisfied that the
capital investment required, and income projections, for such tribal gaming activity require
the additional fee requested by the Indian tribe.
(d) Period for approval; extension
By no later than the date that is 180 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
Page 506
the 180-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.
(e) Disapproval
The Chairman shall not approve any contract
if the Chairman determines that—
(1) any person listed pursuant to subsection
(a)(1)(A) of this section—
(A) is an elected member of the governing
body of the Indian tribe which is the party
to the management contract;
(B) has been or subsequently is convicted
of any felony or gaming offense;
(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); 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;
(2) the management contractor has, or has
attempted to, unduly interfere or influence for
its gain or advantage any decision or process
of tribal government relating to the gaming
activity;
(3) the management contractor has deliberately or substantially failed to comply with
the terms of the management contract or the
tribal gaming ordinance or resolution adopted
and approved pursuant to this chapter; or
(4) a trustee, exercising the skill and diligence that a trustee is commonly held to,
would not approve the contract.
(f) Modification or voiding
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.
(g) Interest in land
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.
(h) Authority
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.
(i) Investigation fee
The Commission shall require a potential contractor to pay a fee to cover the cost of the in-
Page 507
§ 2713
TITLE 25—INDIANS
vestigation necessary to reach a determination
required in subsection (e) of this section.
(Pub. L. 100–497, § 12, Oct. 17, 1988, 102 Stat. 2479.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(3), (e)(1)(C),
(3), (g), and (h), 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.
§ 2712. Review of existing ordinances and contracts
(a) Notification to submit
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, 1988, 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.
(b) Approval or modification of ordinance or resolution
(1) By no later than the date that is 90 days
after the date on which an ordinance or resolution authorizing class II gaming or class III
gaming is submitted to the Chairman pursuant
to subsection (a), the Chairman shall review
such ordinance or resolution to determine if it
conforms to the requirements of section 2710(b)
of this title.
(2) If the Chairman determines that an ordinance or resolution submitted under subsection
(a) conforms to the requirements of section
2710(b) of this title, the Chairman shall approve
it.
(3) If the Chairman determines that an ordinance or resolution submitted under subsection
(a) does not conform to the requirements of section 2710(b) of this title, the Chairman shall provide written notification of necessary modifications to the Indian tribe which shall have not
more than 120 days to bring such ordinance or
resolution into compliance.
(c) Approval or modification of management contract
(1) Within 180 days after the submission of a
management contract, including all collateral
agreements, pursuant to subsection (a), the
Chairman shall subject such contract to the requirements and process of section 2711 of this
title.
(2) If the Chairman determines that a management contract submitted under subsection (a),
and the management contractor under such contract, meet the requirements of section 2711 of
this title, the Chairman shall approve the management contract.
(3) If the Chairman determines that a contract
submitted under subsection (a), or the management contractor under a contract submitted
under subsection (a), does not meet the requirements of section 2711 of this title, the Chairman
shall provide written notification to the parties
to such contract of necessary modifications and
the parties shall have not more than 120 days to
come into compliance. If a management contract has been approved by the Secretary prior
to October 17, 1988, the parties shall have not
more than 180 days after notification of necessary modifications to come into compliance.
(Pub. L. 100–497, § 13, Oct. 17, 1988, 102 Stat. 2481.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (a), 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.
§ 2713. Civil penalties
(a) Authority; amount; appeal; written complaint
(1) Subject to such regulations as may be prescribed by the Commission, the Chairman shall
have authority to levy and collect appropriate
civil fines, not to exceed $25,000 per violation,
against the tribal operator of an Indian game or
a management contractor engaged in gaming for
any violation of any provision of this chapter,
any regulation prescribed by the Commission
pursuant to this chapter, or tribal regulations,
ordinances, or resolutions approved under section 2710 or 2712 of this title.
(2) The Commission shall, by regulation, provide an opportunity for an appeal and hearing
before the Commission on fines levied and collected by the Chairman.
(3) Whenever the Commission has reason to believe that the tribal operator of an Indian game
or a management contractor is engaged in activities regulated by this chapter, by regulations prescribed under this chapter, or by tribal
regulations, ordinances, or resolutions, approved
under section 2710 or 2712 of this title, that may
result in the imposition of a fine under subsection (a)(1), the permanent closure of such
game, or the modification or termination of any
management contract, the Commission shall
provide such tribal operator or management
contractor with a written complaint stating the
acts or omissions which form the basis for such
belief and the action or choice of action being
considered by the Commission. 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.
(b) Temporary closure; hearing
(1) The Chairman shall have power to order
temporary closure of an Indian game for substantial violation of the provisions of this chapter, of regulations prescribed by the Commission
pursuant to this chapter, or of tribal regula-
§ 2714
TITLE 25—INDIANS
tions, ordinances, or resolutions approved under
section 2710 or 2712 of this title.
(2) Not later than thirty days after the
issuance by the Chairman of an order of temporary closure, the Indian tribe or management
contractor involved shall have a right to a hearing before the Commission to determine whether
such order should be made permanent or dissolved. 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.
(c) Appeal from final decision
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.
(d) Regulatory authority under tribal law
Nothing in this chapter precludes an Indian
tribe from exercising regulatory authority provided under tribal law over a gaming establishment within the Indian tribe’s jurisdiction if
such regulation is not inconsistent with this
chapter or with any rules or regulations adopted
by the Commission.
(Pub. L. 100–497, § 14, Oct. 17, 1988, 102 Stat. 2482.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a)(1), (3), (b)(1),
and (d), 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.
§ 2714. Judicial review
Decisions made by the Commission pursuant
to sections 2710, 2711, 2712, and 2713 of this title
shall be final agency decisions for purposes of
appeal to the appropriate Federal district court
pursuant to chapter 7 of title 5.
(Pub. L. 100–497, § 15, Oct. 17, 1988, 102 Stat. 2483.)
§ 2715. Subpoena and deposition authority
(a) Attendance, testimony, production of papers,
etc.
By a vote of not less than two members, the
Commission shall have the power to require by
subpoena the attendance and testimony of witnesses and the production of all books, papers,
and documents relating to any matter under
consideration or investigation. Witnesses so
summoned shall be paid the same fees and mileage that are paid witnesses in the courts of the
United States.
(b) Geographical location
The attendance of witnesses and the production of books, papers, and documents, may be required from any place in the United States at
any designated place of hearing. The Commission may request the Secretary to request the
Attorney General to bring an action to enforce
any subpoena under this section.
Page 508
(c) Refusal of subpoena; court order; contempt
Any court of the United States within the jurisdiction of which an inquiry is carried on may,
in case of contumacy or refusal to obey a subpoena for any reason, issue an order requiring
such person to appear before the Commission
(and produce books, papers, or documents as so
ordered) and give evidence concerning the matter in question and any failure to obey such
order of the court may be punished by such
court as a contempt thereof.
(d) Depositions; notice
A Commissioner may order testimony to be
taken by deposition in any proceeding or investigation pending before the Commission at any
stage of such proceeding or investigation. Such
depositions may be taken before any person designated by the Commission and having power to
administer oaths. Reasonable notice must first
be given to the Commission in writing by the
party or his attorney proposing to take such
deposition, and, in cases in which a Commissioner proposes to take a deposition, reasonable
notice must be given. The notice shall state the
name of the witness and the time and place of
the taking of his deposition. Any person may be
compelled to appear and depose, and to produce
books, papers, or documents, in the same manner as witnesses may be compelled to appear and
testify and produce like documentary evidence
before the Commission, as hereinbefore provided.
(e) Oath or affirmation required
Every person deposing as herein provided shall
be cautioned and shall be required to swear (or
affirm, if he so requests) to testify to the whole
truth, and shall be carefully examined. His testimony shall be reduced to writing by the person
taking the deposition, or under his direction,
and shall, after it has been reduced to writing,
be subscribed by the deponent. All depositions
shall be promptly filed with the Commission.
(f) Witness fees
Witnesses whose depositions are taken as authorized in this section, and the persons taking
the same, shall severally be entitled to the same
fees as are paid for like services in the courts of
the United States.
(Pub. L. 100–497, § 16, Oct. 17, 1988, 102 Stat. 2483.)
§ 2716. Investigative powers
(a) Confidential information
Except as provided in subsection (b), the Commission shall preserve any and all information
received pursuant to this chapter as confidential
pursuant to the provisions of paragraphs (4) and
(7) of section 552(b) of title 5.
(b) Provision to law enforcement officials
The Commission shall, when such information
indicates a violation of Federal, State, or tribal
statutes, ordinances, or resolutions, provide
such information to the appropriate law enforcement officials.
(c) Attorney General
The Attorney General shall investigate activities associated with gaming authorized by this
Page 509
§ 2718
TITLE 25—INDIANS
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 schedule of fees to be paid to the Commission annually by each gaming operation that conducts a
class II or class III gaming activity that is regulated 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 excess of the first $1,500,000,
of the gross revenues from each activity regulated by this chapter.
(B) The total amount of all fees imposed during any fiscal year under the schedule established under paragraph (1) shall not exceed 0.080
percent of the gross gaming revenues of all gaming 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 quarterly 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 resolution required under this chapter for the operation of gaming.
(5) To the extent that revenue derived from
fees imposed under the schedule established
under paragraph (1) are not expended or committed at the close of any fiscal year, such surplus funds shall be credited to each gaming activity on a pro rata basis against such fees imposed 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 allowance 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 authorized by subsection (a) for the fiscal year pre-
ceding the fiscal year for which the appropriation 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 Interior.
(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 follows: ‘‘The total amount of all fees imposed during any
fiscal year under the schedule established under paragraph (1) shall not exceed $8,000,000.’’
1997—Subsec. (a)(1). Pub. L. 105–83, § 123(a)(1), substituted ‘‘gaming operation that conducts a class II or
class III gaming activity’’ for ‘‘class II gaming activity’’.
Subsec. (a)(2)(A)(i). Pub. L. 105–83, § 123(a)(2)(A), substituted ‘‘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), substituted ‘‘$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 section [amending this section] shall apply to the Mississippi Band of Choctaw.’’
§ 2717a. Availability of class II gaming activity
fees to carry out duties of Commission
In fiscal year 1990 and thereafter, fees collected 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.
§ 2719
TITLE 25—INDIANS
(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 appropriated in the preceding sentence shall be in addition to the amounts authorized to be appropriated 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 follows: ‘‘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 assessments authorized by section 2717(a) of this title for the
fiscal year immediately preceding the fiscal year involved,’’ 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 October 1, 1988, and October 1, 1989. 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 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 Commission 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 Secretary
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 contiguous to the boundaries of the reservation of
the Indian tribe on October 17, 1988; or
(2) the Indian tribe has no reservation on October 17, 1988, and—
(A) such lands are located in Oklahoma
and—
(i) are within the boundaries of the Indian 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
Page 510
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 gaming establishment on newly acquired lands
would be in the best interest of the Indian
tribe and its members, and would not be detrimental 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 Indians of Wisconsin v. United States, Civ. No.
86–2278, or
(B) the interests of the Miccosukee Tribe of
Indians of Florida in approximately 25 contiguous acres of land, more or less, in Dade County, 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 Secretary shall, notwithstanding any other provision 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 encumbrances 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 Secretary under this paragraph.
(c) Authority of Secretary not affected
Nothing in this section shall affect or diminish the authority and responsibility of the Secretary to take land into trust.
(d) Application of title 26
(1) The provisions of title 26 (including sections 1441, 3402(q), 6041, and 6050I, and chapter 35
of such title) concerning the reporting and withholding 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
Page 511
that is in effect, in the same manner as such
provisions apply to State gaming and wagering
operations.
(2) The provisions of this subsection shall
apply notwithstanding any other provision of
law enacted before, on, or after October 17, 1988,
unless such other provision of law specifically
cites this subsection.
(Pub. L. 100–497, § 20, Oct. 17, 1988, 102 Stat. 2485.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsecs. (a) 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.
§ 2720. Dissemination of information
Consistent with the requirements of this chapter, sections 1301, 1302, 1303 and 1304 of title 18
shall not apply to any gaming conducted by an
Indian tribe pursuant to this chapter.
(Pub. L. 100–497, § 21, Oct. 17, 1988, 102 Stat. 2486.)
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.
§ 2721. Severability
In the event that any section or provision of
this chapter, or amendment made by this chapter, is held invalid, it is the intent of Congress
that the remaining sections or provisions of this
chapter, and amendments made by this chapter,
shall continue in full force and effect.
Sec.
2811.
2812.
2813.
2814.
2815.
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.
CHAPTER 30—INDIAN LAW ENFORCEMENT
REFORM
Sec.
Definitions.
Indian law enforcement responsibilities.
Law enforcement authority.
Assistance by other agencies.
Regulations.
Jurisdiction.
Uniform allowance.
Source of funds.
Reports to tribes.
Assistant United States Attorney tribal liaisons.
Native American Issues Coordinator.
Indian Law and Order Commission.
Testimony by Federal employees.
Policies and protocol.
State, tribal, and local law enforcement cooperation.
§ 2801. Definitions
For purposes of this chapter—
(1) The term ‘‘Branch of Criminal Investigations’’ means the entity the Secretary is required to establish within the Office of Justice
Services under section 2802(d)(1) of this title.
(2) The term ‘‘Bureau’’ means the Bureau of
Indian Affairs of the Department of the Interior.
(3) The term ‘‘employee of the Bureau’’ includes an officer of the Bureau.
(4) The term ‘‘enforcement of a law’’ includes the prevention, detection, and investigation of an offense and the detention or
confinement of an offender.
(5) The term ‘‘Indian country’’ has the meaning given that term in section 1151 of title 18.
(6) The term ‘‘Indian tribe’’ has the meaning
given that term in section 1301 of this title.
(7) The term ‘‘offense’’ means an offense
against the United States and includes a violation of a Federal regulation relating to part or
all of Indian country.
(8) The term ‘‘Secretary’’ means the Secretary of the Interior.
(10) 1 The term ‘‘tribal justice official’’
means—
(A) a tribal prosecutor;
(B) a tribal law enforcement officer; or
(C) any other person responsible for investigating or prosecuting an alleged criminal
offense in tribal court.
(Pub. L. 101–379, § 2, Aug. 18, 1990, 104 Stat. 473;
Pub. L. 111–211, title II, §§ 203(b), 211(a), July 29,
2010, 124 Stat. 2263, 2264.)
Editorial Notes
AMENDMENTS
(Pub. L. 100–497, § 22, Oct. 17, 1988, 102 Stat. 2486.)
2801.
2802.
2803.
2804.
2805.
2806.
2807.
2808.
2809.
2810.
§ 2801
TITLE 25—INDIANS
2010—Pub. L. 111–211, § 211(a), redesignated and reordered pars. (9) and (1) to (7) as (1) to (8), respectively,
substituted ‘‘Office of Justice Services’’ for ‘‘Division
of Law Enforcement Services’’ in par. (1), and struck
out former par. (8) which read as follows: ‘‘The term
‘Division of Law Enforcement Services’ means the entity established within the Bureau under section 2802(b)
of this title.’’
Par. (10). Pub. L. 111–211, § 203(b), added par. (10).
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2020 AMENDMENT
Pub. L. 116–166, § 1, Oct. 10, 2020, 134 Stat. 766, provided
that: ‘‘This Act [enacting provisions set out as a note
under section 2802 of this title] may be cited as the ‘Not
Invisible Act of 2019’.’’
SHORT TITLE OF 2010 AMENDMENT
Pub. L. 111–211, title II, § 201(a), July 29, 2010, 124 Stat.
2261, provided that: ‘‘This title [enacting part G
(§ 458ccc et seq.) of subchapter II of chapter 14 of this
title and sections 2810 to 2815, 3665a, and 3682 of this
title, redesignating part F (§ 458bbb et seq.) of sub1 So
in original. There is no par. (9).
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