§2703 — Title 25 Indians | U.S. Code

Summary

When reading this chapter, some words have specific meanings. Attorney General means the U.S. Attorney General. Chairman means the head of the National Indian Gaming Commission. Commission means the National Indian Gaming Commission set up under section 2704. Indian lands means land inside a reservation and land the United States holds in trust for a tribe or Indian, or land a tribe or Indian holds that the United States restricts from being sold, where a tribe runs the government. Indian tribe means a tribe or similar group that the Secretary recognizes for federal Indian programs and as having self-government powers. Secretary means the Secretary of the Interior. Class I gaming means small social games or traditional Indian games tied to ceremonies. Class II gaming means bingo (including electronic versions) and certain card games allowed or not banned under state law, but it does not include banking card games (for example, baccarat, chemin de fer, or blackjack) or slot-machine–type electronic games. Class II also includes certain tribal card games that actually ran in Michigan, North Dakota, South Dakota, or Washington on or before May 1, 1988, as the Chairman decides. Class II also temporarily included, during the 1-year period beginning on October 17, 1988, games described above that were legally run on Indian lands on or before May 1, 1988 if the tribe asked the State to negotiate a Tribal‑State compact by the date that is 30 days after October 17, 1988. A similar temporary rule applied during the 1-year period beginning on December 17, 1991 for games in Wisconsin that were run on or before May 1, 1988 if the tribe asked the State to negotiate by November 16, 1988; if a court later found those Wisconsin games were not legal under State law during that one-year period, the games had to stop the day after that decision. Class III gaming means all other gaming not in Class I or Class II. Net revenues means total gaming income minus prizes paid and operating costs, but it does not subtract management fees.

Title 25, §2703

Indians — Source: USLM XML via OLRC

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 designated arrangement of numbers or designations on such cards,

(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,

(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.

(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.

Notes & Related Subsidiaries

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)].”

§2703 Definitions