Intergovernmental Gaming Agreement Act of 1999 - Amends the Indian Gaming Regulatory Act to revise provisions concerning tribal-State compacts governing the conduct of Class III gaming activities on Indian lands.
Authorizes such activities on Indian lands only if they are authorized by such a compact approved by the governing body of the Indian tribe with jurisdiction.
Permits (current law requires) a tribe to request a State to negotiate such a compact. Sets deadlines for the State to respond and for the commencement and conclusion of negotiations. Directs the Secretary of the Interior, at the request of a tribe, if agreement has not been reached on the compact within a prescribed period, to initiate a mediation process to: (1) conclude a compact; or (2) provide for the issuance of gaming procedures by the Secretary. Permits a State to: (1) elect to participate in the mediation; or (2) decline to participate, in which case the Secretary shall issue such procedures.
Sets forth provisions concerning: (1) selection of a mediator; (2) the process by which such mediator will submit to the Secretary recommendations for the operation and regulation of gaming; (3) the deadlines by which the Secretary shall make a final determination and issue gaming procedures; and (4) jurisdiction of the U.S. District Court for the District of Columbia over challenges of the Secretary's gaming procedures or decisions to complete a compact or initiate mediation and over actions to enforce compact provisions or to enjoin gaming activities conducted in violation of a compact.
Prohibits: (1) any compact or procedures from requiring that a State undertake any regulation of gaming on Indian lands unless the State consents and the State's laws permit such regulation; and (2) the Secretary from approving a compact that requires State regulation of gaming without the State's or tribe's consent.
Directs the National Indian Gaming Commission to monitor, regulate, and license gaming consistent with an approved compact.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 985 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 985
To amend the Indian Gaming Regulatory Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 1999
Mr. Campbell introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Indian Gaming Regulatory Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``The Intergovernmental Gaming Agreement
Act of 1999''.
SEC. 2. AMENDMENTS TO THE INDIAN GAMING REGULATORY ACT.
The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) is
amended by striking section 11, subsection (d) and inserting the
following:
``(d)(1) Class III gaming activities shall be lawful on Indian
lands only if those 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,
``(B) located in a State that permits such gaming for any
purpose by any person, organization, or entity; and
``(C) authorized by a Compact that is approved pursuant to
tribal law by the governing body of the Indian tribe having
jurisdiction over those lands;
``(D) conducted in conformance with a compact that--
``(i) is in effect; and
``(ii) is--
``(I) entered into by an Indian tribe and a
State and approved by the Secretary under
paragraph (3); or
``(II) issued by the Secretary under
paragraph (3).
``(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 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 12(e)(1)(D).
``(C) Upon approval of such an ordinance or resolution, the
Chairman shall publish in the Federal Register such ordinance or
resolution and the order of approval.
``(3) Compact Negotiations; Approval.--
``(A) In general.--
``(i) Compact negotiations.--Any tribe having
jurisdiction over lands upon which a class III gaming
activity is to be conducted may request the State in
which those lands are located to enter into
negotiations for the purpose of entering into a compact
with that State governing conduct of Class III gaming
activities.
``(ii) Requirements for request for negotiations.--
A request for negotiations under clause (i) shall be in
writing and shall specify each gaming activity the
Indian tribe proposes for inclusion in the compact. Not
later than 30 days after receipt of the written
request, the State shall respond to the Indian tribe.
``(iii) Commencement of Compact Negotiations.--
Compact negotiations conducted under this paragraph
shall commence not later than 30 days after the date on
which a response by a State is due to the Indian tribe,
and shall be completed not later than 120 days after
the initiation of compact negotiations, unless the
State and the Indian tribe agree in writing to a
different period of time for the completion of compact
negotiations.
``(B) Negotiations.--
``(i) In general.--The Secretary shall, upon
request of an Indian tribe described in subparagraph
(A)(i) that has not reached an agreement with a State
concerning a compact referred to in that subparagraph
(or with respect to an Indian tribe described in clause
(ii)(I)(bb) a compact) during the applicable period
under clause (ii) of this subparagraph, initiate a
mediation process to--
``(I) conclude a compact referred to in
subparagraph (A)(i); or
``(II) if necessary, provide for the
issuance of procedures by the Secretary to
govern the conduct of the gaming referred to in
that subparagraph.
``(ii) Applicable period.--
``(I) In general.--Subject to subclause
(II), the applicable period described in this
paragraph is--
``(aa) in the case of an Indian
tribe that makes a request for compact
negotiations under subparagraph (A),
the 180-day period beginning on the
date on which that Indian tribe makes
the request; and
``(bb) in the case of an Indian
tribe that makes a request to renew a
compact to govern class III gaming
activity on Indian lands of that Indian
tribe within the State that the Indian
tribe entered into prior to the date of
enactment of the Indian Gaming
Regulatory Act of 1988, during the 60-
day period beginning on the date of
that request.
``(II) Extension.--An Indian tribe and a
State may agree to extend an applicable period
under this paragraph beyond the applicable
termination date specified in item (aa) or (bb)
of subclause (I).
``(iii) Mediation.--
``(I) In general.--The Secretary shall
initiate mediation to conclude a compact
governing the conduct of class III gaming
activities on Indian lands upon a clear showing
by an Indian tribe that, within the applicable
period specified in clause (ii), a state has
failed--
``(aa) to respond to a request by
an Indian tribe for negotiations under
this subparagraph; or
``(bb) to negotiate in good faith.
``(II) Effect of declining negotiations.--
The Secretary shall initiate mediation within
10 days after a State declines to enter into
negotiations under this subparagraph, without
regard to whether the otherwise applicable
period specified in clause (ii) has expired.
``(III) Copy of request.--An Indian tribe
that requests mediation under this clause shall
provide the State that is the subject of the
mediation request a copy of the mediation
request submitted to the Secretary within 5
days of receipt of the request.
``(IV) Panel.--The Secretary, in
consultation with the Indian tribes and States,
shall establish a list of independent
mediators, that the Secretary, in consultation
with the Indian tribes and the States, shall
periodically update. All mediators placed upon
the list shall be certified by the American
Arbitration Association as qualified to conduct
arbitration in accordance with the American
Arbitration Association rules and procedures.
``(V) Notification by State.--Not later
than 10 days after an Indian tribe makes a
request to the Secretary for mediation under
subclause (I), the State that is the subject of
the mediation request shall notify the
Secretary whether the State elects to
participate in the mediation process within 5
days of receipt of the request. If the State
elects to participate in the mediation, the
mediation shall be conducted in accordance with
subclause (IV). If the State declines to
participate in the mediation process, the
Secretary shall issue procedures pursuant to
clause (iv).
``(VI) Mediation Process.--
``(aa) In general.--Not later than
20 days after a State elects under
subclause (V) to participate in a
mediation, the Secretary shall submit
to the Indian tribe and the State the
names of 3 mediators randomly selected
by the Secretary from the list of
mediators established under subclause
(IV).
``(bb) Selection of mediator.--Not
later than 10 days after the Secretary
submits the mediators referred to in
item (aa), the Indian tribe and the
State may each peremptorily remove one
mediator from the mediators submitted.
If either the Indian tribe or the State
declines to remove a mediator, the
Secretary shall randomly remove names
until only one mediator remains. The
remaining mediator shall conduct the
mediation.
``(cc) Initial period of
mediation.--The mediator shall, during
the 60-day period beginning on the date
on which the mediator is selected under
item (bb) (or a longer period upon the
written agreement of the parties to the
mediation for an extension of the
period) attempt to achieve a compact.
``(dd) Last best offer.--If by the
termination of the period specified in
item (cc), no agreement for concluding
a compact is achieved by the parties to
the mediation, each such party may, not
later than 10 days after that date,
submit to the mediator an offer that
represents the best offer that the
party intends to make for achieving an
agreement for concluding a compact
(referred to hereinafter as a `last-
best-offer'). The mediator shall review
a last-best-offer received pursuant to
this item not later than 30 days after
the date of submission of the offer.
``(ee) Report by mediator.--Not
later than the date specified for the
completion of a review of a last-best-
offer under item (dd), or in any case
in which either party in a mediation
fails to make such an offer, the date
that is 10 days after the termination
of the initial period of mediation
under item (cc), the mediator shall
prepare and submit to the Secretary a
report that includes the contentions of
the parties, the conclusions of the
mediator concerning the permissible
scope of gaming on the Indian lands
involved, and recommendations for the
operation and regulation of gaming on
the Indian lands in accordance with
this Act.
``(ff) Final determinations.--Not
later than 60 days after receiving a
report from a mediator under item (ee),
the Secretary shall make a final
determination concerning the operation
and regulation of class III gaming that
is the subject of the mediation.
``(VII) Procedures.--Subject to clause
(iii)(V), on the basis of a final determination
described in clause (iii)(VI)(ff), the
Secretary shall issue procedures for the
operation and regulation of the class III
gaming described in that item by the date that
is 180 days after the date specified in clause
(iii)(V) or upon the determination described in
clause (iii)(VI)(ff).
``(VIII) Jurisdication of the united states
district court for the district of columbia.--
``(aa) The United States District
Court for the District of Columbia
shall have jurisdiction over any action
initiated by the Secretary, the
Commission, a State, or an Indian tribe
to challenge the Secretary's decision
to complete a compact or initiate
mediation or to challenge specific
provisions of procedures issued by the
Secretary for the operation of class
III gaming under clause (iii)(V) or
(iii)(VII).
``(bb) The Secretary's decision to
complete a compact or to initiate
mediation pursuant to clause (iii)(V)
or (iii)(VII) shall be immediately
reviewable in the United States
District Court.
``(cc) Upon receipt of a petition
to review a decision of the Secretary
to complete a compact or initiate
mediation pursuant to clause (iii)(V)
or (iii)(VII), the United States
District Court shall appoint a three
judge panel to hear the proceedings and
render a decision regarding whether the
determination of the Secretary was
valid as a matter of law.
``(IX) Prohibition.--No compact negotiated,
or procedures issued, under this subparagraph
shall require that a State undertake any
regulation of gaming on Indian lands unless--
``(aa) the State affirmatively
consents to regulate that gaming; and
``(bb) applicable Sate laws permit
that regulatory function.
``(C) Mandatory disapproval.--Notwithstanding any other
provision of this Act, the Secretary may not approve a compact
if the compact requires State regulation of gaming absent the
consent of the State or the Indian tribe.
``(D) Effective date of compact or procedures.--Any compact
negotiated, or procedures issued, under this subsection shall
become effective upon the publication of the compact or
procedures in the Federal Register by the Secretary.
``(E) Effect of publication of compact.--Except for an
appeal conducted under subchapter II of chapter 5 of title 5,
United States Code, by an Indian tribe or a State associated
with the compact, the publication of a compact pursuant to
subparagraph (B) shall, for the purposes of this Act, be
conclusive evidence that the class III gaming subject to the
compact is an activity subject to negotiations under the laws
of the State where the gaming is to be conducted, in any matter
under consideration by the Commission or a Federal court.
``(F) Duties of commission.--Consistent with minimum
standards and as otherwise authorized by this Act, the
Commission shall monitor and, if authorized by those standards
and this Act, regulate and license class III gaming with
respect to and in a manner consistent with any compact that is
approved by the Secretary under this subsection and published
in the Federal Register.
``(4) Provisions of Compacts.--
``(A) In general.--A compact negotiated under this
subsection may only include provisions relating to--
``(i) the application of the criminal and civil
laws (including regulations) of the Indian tribe or the
State that are directly related to, and necessary for,
the licensing and regulation of that gaming activity in
a manner consistent with the requirements of the
standards promulgated by the Commission.
``(ii) the allocation of criminal and civil
jurisdiction between the State and the Indian tribe
necessary for the enforcement of those laws (including
regulations);
``(iii) the assessment by the state of the costs
associated with those activities in such amounts as are
necessary to defray the costs of regulating that
activity;
``(iv) taxation by the Indian tribe of that
activity in amounts comparable to amounts assessed by
the State for comparable activities;
``(v) remedies for breach of compact provisions;
``(vi) standards for the operation of that activity
and maintenance of the gaming facility, including
licensing, in a manner consistent with the requirements
of the standards promulgated by the Commission.
``(vii) any other subject that is directly related
to the operation of gaming activities.
``(B) Statutory construction with respect to assessments;
prohibition.--
``(i) Statutory construction.--Except for any
assessments for services agreed to by an Indian tribe
in compact negotiations, nothing in this section may
construed as conferring upon a State, or any political
subdivision thereof, the authority to impose any tax,
fee, charge, or other assessment upon an Indian tribe,
an Indian gaming operation or the value generated by the gaming
operation, or any person or entity authorized by an Indian tribe to
engage in class III gaming activity in conformance with this Act.
``(ii) Assessment by states.--A State may assess
the assessments agreed to by an Indian tribe referred
to in clause (i) in a manner consistent with that
clause.
``(5) Statutory Construction With Respect to Certain Rights of
Indian Tribes.--Nothing in this subsection impairs the right of an
Indian tribe to regulate class III gaming on the indian lands of the
indian tribe concurrently with a State and the Commission, except to
the extent that such regulation is inconsistent with or less stringent
than, this Act or any laws (including regulations) made applicable by
any compact entered into by the Indian tribe under this subsection that
is in effect.
``(6) Exemption.--The provisions of section 2 of the Act of January
2, 1951 (commonly referred to as the `Gambling Devices Transportation
Act') (64 Stat. 1134, chapter 1194; 15 U.S.C. 1175) shall not apply to
any class II gaming activity or any gaming activity conducted pursuant
to a compact entered into after the date of enactment of this Act, but
in no event shall this paragraph be constructed as invalidating any
exemption from the provisions of section 2 of the Act of January 2,
1951 for any compact entered into prior to the date of enactment of
this Act.''.
(b) Jurisdiction of the United States District Court for the
District of Columbia.--The United States District Court for the
District of Columbia shall have jurisdiction over any action initiated
by the Secretary, the Commission, a State, or an Indian tribe to
enforce any provision of a compact entered into under subsection (a) or
to enjoin a class III gaming activity located on Indian lands and
conducted in violation of any compact that is in effect and that was
entered into under subsection (a).
(c) Approval of Compacts.--
(1) In general.--The Secretary may approve any compact
between an Indian tribe and a State governing the conduct of
class III gaming on Indian lands of that indian tribe entered
into under subsection (a).
(2) Reasons for disapproval by secretary.--The Secretary
may disapprove a compact entered into under subsection (a) only
if that compact violates any--
(A) provision of this Act or any regulation
promulgated by the Commission pursuant to this Act;
(B) other provision of Federal law; or
(C) trust obligation of the United States to
Indians.
(3) Effect of failure to act on compact.--If the Secretary
fails to approve or disapprove a compact entered into under
subsection (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 be approved by the
Secretary, but only to the extent the compact is consistent
with the provisions of this Act and the regulations promulgated
by the Commission pursuant to this Act.
(4) Notification.--The Secretary shall publish in the
Federal Register notice of any compact that is approved, or
considered to have been approved, under this subsection.
(d) Revocation of Ordinance.--
(1) In general.--The governing body of an Indian tribe in
its sole discretion, 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. That
revocation shall render class III gaming illegal on the Indian
lands of that Indian tribe.
(2) Publication of revocation.--An Indian tribe shall
submit any revocation ordinance or resolution described in
paragraph (1) to the Commission. The Commission shall publish
that ordinance or resolution in the Federal Register. The
revocation provided by that ordinance or resolution shall take
effect on the date of that publication.
(3) Conditional operation.--Notwithstanding any other
provision of this subsection--
(A) any person or entity operating a class III
gaming activity pursuant to this Act on the date on
which an ordinance or resolution describe in paragraph
(1) that revokes authorization for that class III
gaming activity is published in the Federal Register
may, during the 1-year period beginning on the date on
which that revocation, ordinance, or resolution is
published under paragraph (2), continue to operate that
activity in conformance with an applicable compact
entered into under subsection (a) that is in effect;
and
(B) any civil action that arises before, and any
crime that is committed before, the termination of that
1-year period shall not be affected by that revocation,
ordinance, or resolution.
(e) Certain Class III Gaming Activities.--
(1) Compacts entered into before the date of enactment of
the intergovernmental gaming agreement act of 1999.--Class III
gaming activities that are authorized under a compact approved
or issued by the Secretary under the authority of this Act
prior to the date of enactment of the intergovernmental gaming
agreement act of 1999 shall, during such period as the compact
is in effect, remain lawful for the purposes of this Act,
notwithstanding the Intergovernmental Gaming Agreement Act of
1999 and the amendments made by that Act or any change in State
law.
(2) Compact entered into after the date of enactment of the
intergovernmental gaming agreement act of 1999.--Any compact
entered into under subsection (a) after the date specified in
paragraph (1) shall remain lawful for the purposes of the
Intergovernmental Gaming Agreement Act of 1999, notwithstanding
any change in state law, other than a change in state law that
consistutes a change in the public policy of the State with
respect to permitting or prohibiting class III gaming in the
State.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4907-4908)
Read twice and referred to the Committee on Indian Affairs.
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 106-157.
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