109th CONGRESS
1st Session
S. 2078
To amend the Indian Gaming Regulatory Act to clarify the authority
of the National Indian Gaming Commission to regulate class III gaming, to
limit the lands eligible for gaming, and for other purposes.
IN THE SENATE OF THE UNITED STATES
November 18, 2005
Mr. MCCAIN 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 to clarify the authority
of the National Indian Gaming Commission to regulate class III gaming, to
limit the lands eligible for gaming, 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 `Indian Gaming Regulatory Act Amendments of
2005'.
SEC. 2. DEFINITIONS.
Section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703) is amended--
(1) in paragraph (7)(E), by striking `of the Indian Gaming Regulatory
Act (25 U.S.C. 2710(d)(3))'; and
(2) by adding at the end the following:
`(11) GAMING-RELATED CONTRACT- The term `gaming-related contract' means--
`(A) a contract or other agreement relating to the management and operation
of an Indian tribal gaming activity, including a contract for services
under which the gaming-related contractor--
`(i) exercises material control over the gaming activity (or any part
of the gaming activity); or
`(ii) advises or consults with a person that exercises material control
over the gaming activity (or any part of the gaming activity);
`(B) an agreement relating to the development or construction of a facility
to be used for an Indian tribal gaming activity (including a facility
that is ancillary to such an activity) the cost of which is greater
than $250,000; or
`(C) an agreement that provides for compensation or fees based on a
percentage of the net revenues of an Indian tribal gaming activity.
`(12) GAMING-RELATED CONTRACTOR- The term `gaming-related contractor'
means an entity or an individual, including an individual who is an officer,
or who serves on the board of directors, of an entity, or a stockholder
that directly or indirectly holds at least 5 percent of the issued and
outstanding stock of an entity, that enters into a gaming-related contract
with--
`(B) an agent of an Indian tribe.
`(13) MATERIAL CONTROL- The term `material control', with respect to a
gaming activity, means the exercise of authority or supervision over a
matter that substantially affects a financial or management aspect of
an Indian tribal gaming activity.'.
SEC. 3. NATIONAL INDIAN GAMING COMMISSION.
Section 5 of the Indian Gaming Regulatory Act (25 U.S.C. 2704) is amended--
(A) by striking `(c) Vacancies' and inserting the following:
`(1) IN GENERAL- Except as provided in paragraph (2), a vacancy';
(B) by striking the second sentence and inserting the following:
`(3) EXPIRATION OF TERM- Unless a member has been removed for cause under
subsection (b)(6), the member may--
`(A) serve after the expiration of the term of office of the member
until a successor is appointed; or
`(B) be reappointed to serve on the Commission.'; and
(C) by inserting after paragraph (1) (as designated by subparagraph
(A)) the following:
`(2) VICE CHAIRMAN- The Vice Chairman shall act as Chairman in the absence
or disability of the Chairman.'; and
(2) in subsection (e), in the second sentence, by inserting `or disability'
after `in the absence'.
SEC. 4. POWERS OF THE CHAIRMAN.
Section 6 of the Indian Gaming Regulatory Act (25 U.S.C. 2705) is amended--
(A) in paragraph (3), by striking `and' at the end;
(B) by striking paragraph (4) and inserting the following:
`(4) approve gaming-related contracts for class II gaming and class III
gaming under section 12; and'; and
(C) by adding at the end the following:
`(5) conduct a background investigation and make a determination with
respect to the suitability of a gaming-related contractor, as the Chairman
determines to be appropriate.'; and
(2) by adding at the end the following:
`(c) Delegation of Authority-
`(1) IN GENERAL- The Chairman may delegate any authority under this section
to any member of the Commission, as the Chairman determines to be appropriate.
`(2) REQUIREMENT- In carrying out an activity pursuant to a delegation
under paragraph (1), a member of the Commission shall be subject to, and
act in accordance with--
`(A) the general policies formally adopted by the Commission; and
`(B) the regulatory decisions, findings, and determinations of the Commission
pursuant to Federal law.'.
SEC. 5. POWERS OF THE COMMISSION.
Section 7(b) of the Indian Gaming Regulatory Act (25 U.S.C. 2706(b)) is
amended--
(1) in paragraphs (1) and (4), by inserting `and class III gaming' after
`class II gaming' each place it appears;
(2) in paragraph (2), by inserting `or class III gaming' after `class
II gaming'; and
(3) in paragraph (10), by inserting `, including regulations addressing
minimum internal control standards for class II gaming and class III gaming
activities' before the period at the end.
SEC. 6. COMMISSION STAFFING.
(a) General Counsel- Section 8(a) of the Indian Gaming Regulatory Act (25
U.S.C. 2707(a)) is amended by striking `basic' and all that follows through
the end of the subsection and inserting the following: `pay payable for
level IV of the Executive Schedule under chapter 11 of title 2, United States
Code, as adjusted by section 5318 of title 5, United States Code.'.
(b) Other Staff- Section 8(b) of the Indian Gaming Regulatory Act (25 U.S.C.
2707(b)) is amended by striking `basic' and all that follows through the
end of the subsection and inserting the following: `pay payable for level
IV of the Executive Schedule under chapter 11 of title 2, United States
Code, as adjusted by section 5318 of title 5, United States Code.'.
(c) Temporary and Intermittent Services- Section 8(c) of the Indian Gaming
Regulatory Act (25 U.S.C. 2707(c)) is amended by striking `basic' and all
that follows through the end of the subsection and inserting the following:
`pay payable for level IV of the Executive Schedule under chapter 11 of
title 2, United States Code, as adjusted by section 5318 of title 5, United
States Code.'.
SEC. 7. TRIBAL GAMING ORDINANCES.
Section 11 of the Indian Gaming Regulatory Act (25 U.S.C. 2710) is amended--
(A) in paragraph (1)(A), by striking `, and' and inserting `; and';
(B) in paragraph (2)(F)--
(i) by striking clause (i) and inserting the following:
`(i) ensures that background investigations and ongoing oversight activities
are conducted with respect to--
`(I) tribal gaming commissioners and key tribal gaming commission
employees, as determined by the Chairman;
`(II) primary management officials and other key employees of the
gaming enterprise, as determined by the Chairman; and
`(III) any person that is a party to a gaming-related contract; and';
and
(ii) in clause (ii)(I), by striking `primary' and all that follows
through `with' and inserting `the individuals and entities described
in clause (i), including';
(i) by redesignating subparagraphs (C) and (D) as subparagraphs (D)
and (E), respectively; and
(ii) by striking subparagraph (B) and inserting the following:
`(B) the plan is approved by the Secretary after the Secretary determines
that--
`(i) the plan is consistent with the uses described in paragraph (2)(B);
`(ii) the plan adequately addresses the purposes described in clauses
(i) and (iii) of paragraph (2)(B); and
`(iii) a per capita payment is a reasonable method of providing for
the general welfare of the Indian tribe and the members of the Indian
tribe;
`(C) the Secretary determines that the plan provides an adequate mechanism
for the monitoring and enforcement, by the Secretary and the Chairman,
of the compliance of the plan (including any amendment, revision, or rescission
of any part of the plan);'; and
(D) in paragraph (4)(B)(i)--
(i) in subclause (I), by striking `of the Act,' and inserting a semicolon;
(ii) in subclause (II), by striking `of this subsection' and inserting
a semicolon;
(iii) in subclause (III), by striking `, and' and inserting `; and';
and
(iv) in subclause (IV), by striking `National Indian Gaming';
(i) in subparagraph (A)--
(I) in clause (i), by striking `lands,' and inserting `lands;';
(II) in clause (ii), by striking `, and' and inserting `; and';
and
(III) in clause (iii), by striking the comma at the end and inserting
a semicolon; and
(ii) in subparagraph (B), by striking `, and' and inserting `; and';
(i) in subparagraph (B)(i), by striking `, or' and inserting `; or';
and
(ii) in subparagraph (D)(iii)(I), by striking `, and' and inserting
`; and';
(C) in paragraph (7)(B)--
(i) in clause (ii)(I), by striking `, and' and inserting `; and';
(ii) in clause (iii)(I), by striking `, and' and inserting `; and';
and
(iii) in clause (vii)(I), by striking `, and' and inserting `; and';
(D) in paragraph (8)(B)--
(i) in clause (i), by striking the comma at the end and inserting
a semicolon; and
(ii) in clause (ii), by striking `, or' and inserting `; or'; and
(E) by striking paragraph (9); and
(3) by adding at the end the following:
`(f) Provision of Information to Chairman- Immediately after approving a
plan (including any amendment, revision, or recision of any part of a plan)
under subsection (b)(3), the Secretary shall provide to the Chairman--
`(1) a notice of the approval; and
`(2) any information used by the Secretary in approving the plan.'.
SEC. 8. GAMING-RELATED CONTRACTS.
Section 12 of the Indian Gaming Regulatory Act (25 U.S.C. 2711) is amended
to read as follows:
`SEC. 12. GAMING-RELATED CONTRACTS.
`(a) In General- To be enforceable under this Act, a gaming-related contract
shall be--
`(2) approved by the Chairman under subsection (c).
`(b) Contract Requirements-
`(1) IN GENERAL- A gaming-related contract under this Act shall provide
for the Indian tribe, at a minimum, provisions relating to--
`(A) accounting and reporting procedures, including, as appropriate,
provisions relating to verifiable financial reports;
`(B) the access required to ensure proper performance of the gaming-related
contract, including access to, with respect to a gaming activity--
`(iv) any other tangible or intangible property used to carry out
the activity;
`(C) assurance of performance of each party to the gaming-related contract,
including the provision of bonds under subsection (d), as the Chairman
determines to be necessary; and
`(D) the reasons for, and method of, terminating the gaming-related
contract.
`(A) IN GENERAL- Except as provided in subparagraph (B), the term of
a gaming-related contract shall not exceed 5 years.
`(B) EXCEPTION- Notwithstanding subparagraph (A), a gaming-related contract
may have a term of not to exceed 7 years if--
`(i) the Indian tribal party to the gaming-related contract submits
to the Chairman a request for such a term; and
`(ii) the Chairman determines that the term is appropriate, taking
into consideration the circumstances of the gaming-related contract.
`(A) IN GENERAL- Notwithstanding the payment terms of a gaming-related
contract, and except as provided in subparagraph (B), the fee of a gaming-related
contractor or beneficiary of a gaming-related contract shall not exceed
an amount equal to 30 percent of the net revenues of the gaming operation
that is the subject of the gaming-related contract.
`(B) EXCEPTION- The fee of a gaming-related contractor or beneficiary
of a gaming-related contract may be in an amount equal to not more than
40 percent of the net revenues of the gaming operation that is the subject
of the gaming-related contract if the Chairman determines that such
a fee is appropriate, taking into consideration the circumstances of
the gaming-related contract.
`(c) Approval by Chairman-
`(1) GAMING-RELATED CONTRACTS-
`(A) IN GENERAL- An Indian tribe shall submit each gaming-related contract
of the tribe to the Chairman for approval by not later than the earlier
of--
`(i) the date that is 90 days after the date on which the gaming-related
contract is executed; or
`(ii) the date that is 90 days before the date on which the gaming-related
contract is scheduled to be completed.
`(B) FACTORS FOR CONSIDERATION- In determining whether to approve a
gaming-related contract under this subsection, the Chairman may take
into consideration any information relating to the terms, parties, and
beneficiaries of--
`(i) the gaming-related contract; and
`(ii) any other agreement relating to the Indian gaming activity,
as determined by the Chairman.
`(C) DEADLINE FOR DETERMINATION-
`(i) IN GENERAL- The Chairman shall approve or disapprove a gaming-related
contract under this subsection by not later than 90 days after the
date on which the Chairman makes a determination regarding the suitability
of each gaming-related contractor under paragraph (2).
`(I) IN GENERAL- If each gaming-related contractor has been determined
by the Chairman to be suitable under paragraph (2) on or before
the date on which the gaming-related contract is submitted to the
Chairman, the Chairman shall approve or disapprove the gaming-related
contract by not later than 30 days after the date on which the gaming-related
contract is submitted.
`(II) FAILURE TO DETERMINE- If the Chairman fails to make a determination
by the date described in subclause (I), a gaming-related contract
described in that subclause shall be considered to be approved.
`(III) AMENDMENTS- The Chairman may require the parties to a gaming-related
contract considered to be approved under subclause (II) to amend
the gaming-related contract, as the Chairman considers to be appropriate
to meet the requirements under subsection (b).
`(I) IN GENERAL- On approval of the Chairman under subclause (II),
a gaming-related contract may be carried out before the date on
which the gaming-related contract is approved by the Chairman under
clause (i).
`(II) APPROVAL BY CHAIRMAN- The Chairman may approve the early operation
of a gaming-related contract under subclause (I) if the Chairman
determines that--
`(aa) adequate bonds have been provided under paragraph (2)(G)(iii)
and subsection (d); and
`(bb) the gaming-related contract will be amended as the Chairman
considers to be appropriate to meet the requirements under subsection (b).
`(D) REQUIREMENTS FOR DISAPPROVAL- The Chairman shall disapprove a gaming-related
contract under this subsection if the Chairman determines that--
`(i) the gaming-related contract fails to meet any requirement under
subsection (b);
`(ii) a gaming-related contractor is unsuitable under paragraph (2);
`(iii) a gaming-related contractor or beneficiary of the gaming-related
contract--
`(I) unduly interfered with or influenced, or attempted to interfere
with or influence, a decision or process of an Indian tribal government
relating to the gaming activity for the benefit of the gaming-related
contractor or beneficiary; or
`(II) deliberately or substantially failed to comply with--
`(aa) the gaming-related contract; or
`(bb) a tribal gaming ordinance or resolution adopted and approved
pursuant to this Act;
`(iv) the Indian tribe with jurisdiction over the Indian lands on
which the gaming activity is located will not receive the primary
benefit as sole proprietor of the gaming activity, taking into consideration
any agreement relating to the gaming activity;
`(v) a trustee would disapprove the gaming-related contract, in accordance
with the duties of skill and diligence of the trustee, because the
compensation or fees under the gaming-related contract do not bear
a reasonable relationship to the cost of the goods or the benefit
of the services provided under the gaming-related contract; or
`(vi) a person or an Indian tribe would violate this Act--
`(I) on approval of the gaming-related contract; or
`(II) in carrying out the gaming-related contract.
`(2) GAMING-RELATED CONTRACTORS-
`(A) IN GENERAL- Not later than 90 days after the date on which the
Chairman receives a gaming-related contract, the Chairman shall make
a determination regarding the suitability of each gaming-related contractor
to carry out any gaming activity that is the subject of the gaming-related
contract.
`(B) REQUIREMENTS- The Chairman shall make a determination under subparagraph
(A) that a gaming-related contractor is unsuitable if, as determined
by the Chairman--
`(i) the gaming-related contractor--
`(I) is an elected member of the governing body of an Indian tribe
that is a party to the gaming-related contract;
`(II) has been convicted of--
`(aa) a felony; or
`(bb) any offense relating to gaming;
`(III)(aa) knowingly and willfully provided any materially important
false statement or other information to the Commission or an Indian
tribe that is a party to the gaming-related contract; or
`(bb) failed to respond to a request for information under this
Act;
`(IV) poses a threat to the public interest or the effective regulation
or conduct of gaming under this Act, taking into consideration the
behavior, criminal record, reputation, habits, and associations
of the gaming-related contractor;
`(V) unduly interfered, or attempted to unduly interfere, with any
determination or governing process of the governing body of an Indian
tribe relating to a gaming activity, for the benefit of the gaming-related
contractor; or
`(VI) deliberately or substantially failed to comply with the terms
of--
`(aa) the gaming-related contract; or
`(bb) a tribal gaming ordinance or resolution approved and adopted
under this Act; or
`(ii) a trustee would determine that the gaming-related contractor
is unsuitable, in accordance with the duties of skill and diligence
of the trustee.
`(C) FAILURE TO DETERMINE- If the Chairman fails to make a suitability
determination with respect to a gaming-related contractor by the date
described in subparagraph (A), each gaming-related contractor shall
be considered to be suitable to carry out the gaming activity that is
the subject of the applicable gaming-related contract.
`(D) REVOCATION- At any time, based on a showing of good cause, the
Chairman may--
`(i) make a determination that a gaming-related contractor is unsuitable
under this subsection; or
`(ii) revoke a suitability determination under this subsection.
`(E) TEMPORARY SUITABILITY-
`(i) IN GENERAL- For purposes of meeting a deadline under paragraph
(1)(C), the Chairman may determine that a gaming-related contractor
is temporarily suitable if--
`(I) the Chairman determined the gaming-related contractor to be
suitable with respect to another gaming-related contract being carried
out on the date on which the Chairman makes a determination under
this paragraph; and
`(II) the gaming-related contractor has not otherwise been determined
to be unsuitable by the Chairman.
`(ii) FINAL DETERMINATION- The Chairman shall make a suitability determination
with respect to a gaming-related contractor that is the subject of
a temporary suitability determination under clause (i) by the date
described in subparagraph (A), in accordance with subparagraph (F).
`(F) UPDATING DETERMINATIONS- The Chairman, as the Chairman determines
to be appropriate, may limit an investigation of the suitability of
a gaming-related contractor that--
`(i) has been determined to be suitable by the Chairman with respect
to another gaming-related contract being carried out on the date on
which the Chairman makes a determination under this paragraph; and
`(ii) certifies to the Chairman that the information provided during
a preceding suitability determination has not materially changed.
`(G) RESPONSIBILITY OF GAMING-RELATED CONTRACTOR- A gaming-related contractor
shall--
`(i) pay the costs of any investigation activity of the Chairman in
carrying out this paragraph;
`(ii) provide to the Chairman a notice of any change in information
provided during a preceding investigation on discovery of the change;
and
`(iii) during an investigation of suitability under this paragraph,
provide to the Chairman such bonds under subsection (d) as the Chairman
determines to be appropriate to shield an Indian tribe from liability
resulting from an action of the gaming-related contractor.
`(H) REGISTRY- The Chairman shall establish and maintain a registry
of each suitability determination made under this paragraph.
`(3) ADDITIONAL REVIEWS- Notwithstanding an approval under paragraph (1),
or a determination of suitability under paragraph (2), if the Chairman
determines that a gaming-related contract, or any party to such a contract,
is in violation of this Act, the Chairman may--
`(A) suspend performance under the gaming-related contract;
`(B) require the parties to amend the gaming-related contract; or
`(C) revoke a determination of suitability under paragraph (2)(D).
`(4) TERMINATION- Termination of a gaming-related contract shall not require
the approval of the Chairman.
`(1) IN GENERAL- The Chairman may require a gaming-related contractor
to provide to the Chairman a bond to ensure the performance of the gaming-related
contractor under a gaming-related contract.
`(2) REGULATIONS- The Chairman, by regulation, shall establish the amount
of a bond required under this subsection.
`(3) METHOD OF PAYMENT- A bond under this subsection may be provided--
`(A) in cash or negotiable securities;
`(B) through a surety bond guaranteed by a guarantor acceptable to the
Chairman; or
`(C) through an irrevocable letter of credit issued by a banking institution
acceptable to the Chairman.
`(4) USE OF BONDS- The Chairman shall use a bond provided under this subsection
to pay the costs of a failure of the gaming-related contractor that provided
the bond to perform under a gaming-related contract.
`(e) Appeal of Determination-
`(1) IN GENERAL- An Indian tribe or a gaming-related contractor may submit
to the Commission a request for an appeal of a determination of the Chairman
under subsection (c) or (d).
`(2) DETERMINATION OF COMMISSION-
`(A) HEARINGS- The Commission shall schedule a hearing relating to an
appeal under paragraph (1) by not later than 30 days after the date
on which a request for the appeal is received.
`(B) DEADLINE FOR DETERMINATION- The Commission shall make a determination,
by majority vote of the Commission, relating to an appeal under this
subsection by not later than 5 days after the date of the hearing relating
to the appeal under subparagraph (A).
`(C) CONCURRENCE- If the Commission concurs with a determination of
the Chairman under this subsection, the determination shall be considered
to be a final agency action.
`(i) IN GENERAL- If the Commission dissents from a determination of
the Chairman under this subsection, the Chairman may--
`(I) rescind the determination of the Chairman; or
`(II) on a finding of immediate and irreparable harm to the Indian
tribe that is the subject of the determination, maintain the determination.
`(ii) FINAL AGENCY ACTION- A decision by the Chairman to maintain
a determination under clause (i)(II) shall be considered to be a final
agency action.
`(3) APPEAL OF COMMISSION DETERMINATION- An Indian tribe, a gaming-related
contractor, or a beneficiary of a gaming-related contract may appeal a
determination of the Commission under paragraph (2) to the United States
District Court for the District of Columbia.
`(f) Conveyance of Real Property- No gaming-related contract under this
Act shall transfer or otherwise convey any interest in land or other real
property unless the transfer or conveyance--
`(1) is authorized under law; and
`(2) is specifically described in the gaming-related contract.
`(g) Contract Authority- The authority of the Secretary under section 2103
of the Revised Statutes (25 U.S.C. 81) relating to contracts under this
Act is transferred to the Commission.
`(h) No Effect on Tribal Authority- This section does not expand, limit,
or otherwise affect the authority of any Indian tribe or any party to a
Tribal-State compact to investigate, license, or impose a fee on a gaming-related
contractor.'.
SEC. 9. CIVIL PENALTIES.
Section 14 of the Indian Gaming Regulatory Act (25 U.S.C. 2713) is amended--
(1) by striking the section designation and heading and all that follows
through subsection (a) and inserting the following:
`SEC. 14. CIVIL PENALTIES.
`(A) IN GENERAL- An Indian tribe, individual, or entity that violates
any provision of this Act (including any regulation of the Commission
and any Indian tribal regulation, ordinance, or resolution approved
under section 11 or 13) in carrying out a gaming-related contract may
be subject to, as the Chairman determines to be appropriate--
`(i) an appropriate civil fine, in an amount not to exceed $25,000
per violation per day; or
`(ii) an order of the Chairman for an accounting and disgorgement,
including interest.
`(B) APPLICATION TO INDIAN TRIBES- An Indian tribe shall not be subject
to disgorgement under subparagraph (A)(ii) unless the Chairman determines
that the Indian tribe grossly violated a provision of this Act.
`(2) APPEALS- The Chairman shall provide, by regulation, an opportunity
to appeal a determination relating to a violation under paragraph (1).
`(A) IN GENERAL- If the Commission has reason to believe that an Indian
tribe or a party to a gaming-related contract may be subject to a penalty
under paragraph (1), the final closure of an Indian gaming activity,
or a modification or termination order relating to the gaming-related
contract, the Chairman shall provide to the Indian tribe or party a
written complaint, including--
`(i) a description of any act or omission that is the basis of the
belief of the Commission; and
`(ii) a description of any action being considered by the Commission
relating to the act or omission.
`(B) REQUIREMENTS- A written complaint under subparagraph (A)--
`(i) shall be written in common and concise language;
`(ii) shall identify any statutory or regulatory provision relating
to an alleged violation by the Indian tribe or party; and
`(iii) shall not be written only in statutory or regulatory language.';
(A) by striking `(b)(1) The Chairman' and inserting the following:
`(1) IN GENERAL- The Chairman';
(i) by striking `Indian game' and inserting `Indian gaming activity,
or any part of such a gaming activity,'; and
(ii) by striking `section 11 or 13 of this Act' and inserting `section
11 or 13'; and
(i) by striking `(2) Not later than thirty' and inserting the following:
`(A) IN GENERAL- Not later than 30';
(ii) in subparagraph (A) (as designating by clause (i))--
(I) by striking `management contractor' and inserting `party to
a gaming-related contract'; and
(II) by striking `permanent' and inserting `final'; and
(iii) in the second sentence--
(I) by striking `Not later than sixty' and inserting the following:
`(B) DETERMINATION OF COMMISSION- Not later than 60'; and
(II) by striking `permanent' and inserting `final';
(3) in subsection (c), by striking `(c) A decision' and inserting the
following:
`(c) Appeal of Final Determinations- A determination'; and
(4) in subsection (d), by striking `(d) Nothing' and inserting the following:
`(d) Effect on Regulatory Authority of Indian Tribes- Nothing'.
SEC. 10. GAMING ON LATER-ACQUIRED LAND.
Section 20(b) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)) is
amended--
(A) in subparagraph (A), by striking ` (A) the Secretary, after consultation'
and inserting the following:
`(A)(i) before November 18, 2005, the Secretary reviewed, or was in the
process of reviewing, at the Central Office of the Bureau of Indian Affairs,
Washington, DC, the petition of an Indian tribe to have land taken into
trust for purposes of gaming under this Act; and
`(ii) the Secretary, after consultation'; and
(B) in subparagraph (B)--
(i) in clause (i), by striking the comma at the end and inserting
the following: `under Federal statutory law, if the land is within
a State in which is located--
`(I) the reservation of such Indian tribe; or
`(II) the last recognized reservation of such Indian tribe;';
(ii) in clause (ii), by striking `, or' and inserting `if, as determined
by the Secretary, the Indian tribe has a temporal, cultural, and geographic
nexus to the land; or'; and
(iii) in clause (iii), by inserting before the period at the end the
following: `if, as determined by the Secretary, the Indian tribe has
a temporal, cultural, and geographic nexus to the land'; and
(2) by adding at the end the following:
`(4) EFFECT OF SUBSECTION- Notwithstanding any other provision of this
subsection, land that, before the date of enactment of the Indian Gaming
Regulatory Act Amendments of 2005, was determined by the Secretary or
the Chairman to be eligible to be used for purposes of gaming shall continue
to be eligible for those purposes.'.
SEC. 11. CONFORMING AMENDMENT.
(a) In General- Section 123(a)(2) of the Department of the Interior and
Related Agencies Appropriations Act, 1998 (Public Law 105-83; 111 Stat.
1566) is amended--
(1) in subparagraph (A), by adding `and' at the end;
(2) in subparagraph (B), by striking `; and' and inserting a period; and
(3) by striking subparagraph (C).
(b) Applicability- Notwithstanding any other provision of law, section 18(a)
of the Indian Gaming Regulatory Act (25 U.S.C. 2717(a)) shall apply to all
Indian tribes.
END
