Indian Gaming Regulatory Act

Summary

Indian Gaming Regulatory Act - Establishes Federal standards for gaming activity on Indian lands. Establishes the National Indian Gaming Commission within the Department of the Interior. Requires at least two members of the Commission to be enrolled members of a federally recognized tribe. Excludes from the Commission individuals convicted of a felony or gaming offense or who have specified conflicts of interest. Authorizes the Chairman to: (1) issue orders of temporary closure of gaming activities; (2) levy and collect civil fines; (3) approve tribal ordinances regulating gaming; and (4) approve management contracts for gaming. Authorizes the Commission to monitor Indian gaming activities, inspect all premises where gaming occurs, and conduct background investigations. Requires the Commission to submit a report to the Congress every two years. Authorizes the Chairman to appoint a General Counsel to the Commission. Requires the Secretary of the Interior to exercise current supervision of Indian gaming until the Commission is organized and promulgates regulations. Leaves class I gaming (social games for prizes of minimal value and ceremonial games) within the exclusive jurisdiction of the Indian tribes. Continues tribal jurisdiction over class II gaming (bingo and lotto), but subject to this Act. Allows tribes to regulate class II gaming if: (1) the tribe is located in a State permitting it; and (2) the tribe's governing body adopts an ordinance approved by the Chairman. Requires a separate license for each place, facility, or location where class II gaming occurs. Requires the Chairman to approve any tribal ordinance on class II gaming if specified conditions, including the following, are met: (1) the tribe has the sole proprietary interest in and responsibility for the conduct of the gaming activity; (2) net revenues are used only for specified tribal, charitable, or local governmental purposes; and (3) the tribe will obtain annual outside independent audits. Specifies the conditions under which net revenues from any tribal gaming may be used to make per capita payments to tribal members. Allows tribal regulation of class II gaming activities not owned by Indians, providing tribal requirements are at least as restrictive as State laws governing similar gaming. Allows continued operation of individually owned class II gaming operations operating on September 1, 1986, if specified conditions are met. Prohibits class III gaming (all other forms of gaming not covered under class I or II, including horse racing, jai-alai, and casinos) on Indian lands, unless covered by an exemption. Allows class III gaming on Indian lands if it is legal in the State where located and the tribe asks the Secretary's consent for transfer of all civil and criminal jurisdiction, except taxing authority, to the State. Requires the Secretary to approve gaming jurisdictional transfer where the Commission certifies that specified conditions have been met. Requires the Chairman to approve ordinances within 90 days of submission. Provides that any ordinance not acted upon within 90 days will be deemed approved if it complies with Federal statutes on gaming. Authorizes tribes to make management contracts for class II gaming activity, provided the Chairman receives information concerning the background, past experience with gaming contracts, and financial statements for each person having a financial interest in or management responsibility for the contract. Requires the Chairman to determine, before approving any management contract, that it provides for: (1) adequate accounting procedures; (2) access to the daily operations of the gaming to tribal officials; (3) a minimum guaranteed payment to the tribe; (4) a ceiling for the repayment of development and construction costs; (5) a contract term not to exceed five years, and (6) grounds for terminating the contract. Prohibits the Chairman from approving a contract if: (1) any person having a financial interest in or management responsibility for the contract is a member of the tribe's governing body or has been convicted of any felony or gaming offense; (2) the management contractor has unduly influenced the tribal government or deliberately failed to comply with the terms of the contract; and (3) a trustee would not approve the contract. Requires the Chairman to review existing ordinances and management contracts authorizing class II gaming and to provide written notification of modifications needed to conform to Federal law. Authorizes the Chairman to levy fines of up to $25,000 for violations of gaming regulations. Authorizes the Chairman to temporarily close a game. Requires the Commission to establish a schedule of annual fees for Commission funding to be paid by each tribal gaming activity and to annually adopt the rate of assessment. Rebates surplus fees annually. Establishes a special fund in the Treasury for fee deposits. Authorizes appropriations. Excludes gaming from lands acquired by the Secretary for an Indian tribe after enactment of this Act unless: (1) such lands are within or contiguous to the boundaries of a reservation on the date of enactment; (2) the tribe has no reservation on the date of enactment; or (3) the Secretary determines a gaming establishment on newly acquired lands would be in the best interest of the tribe. Applies State laws pertaining to the licensing, regulations, or prohibition of gambling to Indian lands in the same manner as elsewhere in the State. Gives the United States exclusive jurisdiction over criminal prosecutions of violations of State gambling laws on Indian lands. Establishes penalties for theft from gaming establishments on Indian lands.

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Documents

4 official files

• Public Law (PDF)

  Public Law · EN · 18 October 1988

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• Passed Senate amended

  summary · EN · 15 September 1988

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• Reported to Senate with amendment(s)

  summary · EN · 3 August 1988

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• Introduced in Senate

  summary · EN · 19 February 1987

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