Removing Federal Barriers to Offering of Mobile Wagers on Indian Lands Act

Removing Federal Barriers to Offering of Mobile Wagers on Indian Lands Act

This bill establishes provisions related to the regulation of certain online wagers (i.e., bets) as Indian gaming.

The bill deems an online wager as occurring exclusively on Indian lands, and therefore subject to the jurisdictional framework that governs Indian gaming, if (1) the person placing the wager and the server that accepts the wager are located in the same state, and (2) the applicable state and Indian tribe have entered into a gaming compact.

For the purposes of regulation as Indian gaming, an online wager is deemed to be made at the physical location of the server or other computer equipment used to accept the wager, unless otherwise agreed to by the state and Indian tribe.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4308 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4308

 To remove Federal barriers regarding the offering of mobile wagers on 
Indian lands when the applicable State and Indian Tribe have reached an 
                   agreement, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 1, 2021

 Mr. Correa (for himself and Mr. Katko) introduced the following bill; 
        which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
 To remove Federal barriers regarding the offering of mobile wagers on 
Indian lands when the applicable State and Indian Tribe have reached an 
                   agreement, 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 ``Removing Federal Barriers to 
Offering of Mobile Wagers on Indian Lands Act''.

SEC. 2. DEFINITIONS.

    For the purposes of this Act--
            (1) the term ``interactive wagering platform'' means a 
        person or entity to the extent such person or entity offers 
        lawful wagering over the internet, including through an 
        internet website or mobile application; and
            (2) the term ``wager'' means the staking or risking by any 
        person of something of value upon the outcome of an event, 
        including the outcome of any portion or aspect thereof, upon an 
        agreement or understanding that the person or another person 
        shall receive something of value in the event of a certain 
        outcome.

SEC. 3. IGRA MOBILE WAGERS.

    For purposes of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) only, a wager made through an interactive wagering platform shall 
be deemed to be made at the physical location of the server or other 
computer equipment used to accept the wager, unless otherwise agreed to 
by a State and Indian Tribe.

SEC. 4. PRESERVATION OF STATES' RIGHTS.

    With respect to a wager accepted through a server or other 
equipment located on Indian lands (as defined in section 4 of the 
Indian Gaming Regulatory Act (25 U.S.C. 2703)), the wager shall be 
considered to be exclusively occurring on Indian lands if--
            (1) the person placing the wager and the server or other 
        computer equipment through which the wager is accepted are in 
        the same State; and
            (2) the applicable State and Indian Tribe have entered into 
        a Tribal-State compact under the Indian Gaming Regulatory Act.
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