text: SECTION 1. SHORT TITLE; REFERENCE.
  
      (a) Short Title.--This Act may be cited as the ``Indian Gaming 
  Regulatory Act Amendments of 1994''.
      (b) Reference.--Except as otherwise expressly provided, whenever in 
  this Act an amendment or repeal is expressed in terms of an amendment 
  to, or repeal of, a section or other provision, the reference shall be 
  considered to be made to a section or other provision of the Indian 
  Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
  
  SEC. 2. DEFINITIONS.
  
      (a) Class II Gaming.--(1) Clause (i) of section 4(7)(A) (25 U.S.C. 
  2703(7)(A)) is amended--
              (A) by striking ``(if played in the same location)''; and
              (B) by striking ``bingo, and'' and inserting ``bingo 
          (whether or not electronic, computer, or other technologic aids 
          are used in connection therewith so long as the fundamental 
          characteristics of the game remain the same), and''.
      (2) Clause (ii) of section 4(7)(A) (25 U.S.C. 2703(7)(A)) is 
  amended by striking ``that--'' and all that follows through ``such card 
  games.'' at the end thereof and inserting a period.
      (3) Clause (ii) of section 4(7)(B) (25 U.S.C. 2703(7)(B)) is 
  amended by inserting ``, except electronic or technological aids used 
  in connection with class II games,'' after ``game of chance''.
      (4) Subparagraph (C) of section 4(7) (25 U.S.C. 2703(7)) is amended 
  by striking ``Chairman'' and inserting ``Commission''.
      (5) Paragraph (7) of section 4 (25 U.S.C. 2703) is amended by 
  striking subparagraphs (D), (E), and (F).
      (6) Paragraph (8) of section 4 (25 U.S.C. 2703) is amended by 
  inserting at the end ``and means manufacturing and assembly of gaming 
  devices (defined as gambling devices by section 5 of the Act of January 
  2, 1951 (15 U.S.C. 1175)).''.
      (b) Compact; Electronic Facsimile.--Section 4 of the Act (25 U.S.C. 
  2703) is amended by adding at the end the following new paragraphs:
              ``(11) The term `Compact' means the regulatory regime for 
          operating class III gaming entered into by a tribe and the 
          Secretary.
              ``(12) The term `electronic facsimile' means a copy of some 
          or all of the fundamental elements of a game, where the 
          electronic or electromechanical device alters the game rather 
          than simply electronically replicating the fundamental elements 
          of a game.''.
      (c) Section 6 of Public Law 101-301.--Section 6 of Public Law 101-
  301 (25 U.S.C. 2703 note; 104 Stat. 209) is repealed.
  
  SEC. 3. POWERS OF THE CHAIRMAN.
  
      Section 6(b) of the Act (25 U.S.C. 2705(b)) is amended to read as 
  follows:
      ``(b) Prior to taking any action set forth in subsection (a) of 
  this section, the Chairman shall, in good faith, consult with the Tribe 
  which has jurisdiction over the gaming activity in dispute and attempt 
  to resolve the dispute in a manner that avoids such actions. Only after 
  the Commission has concluded that cooperative resolution has been 
  adequately pursued and that further consultation would be futile, may 
  the Chairman take such actions.''.
  
  SEC. 4. POWERS OF THE COMMISSION.
  
      Section 7 (25 U.S.C. 2706) is amended--
              (1) in subsection (a)(2), by inserting ``appropriate but 
          not punitive'' after ``collection of'';
              (2) in subsections (b)--
                      (A) in paragraph (1), by inserting ``and class III 
                  gaming, where a Compact so provides, where gaming is'' 
                  after ``class II gaming''; and
                      (B) in paragraph (2), by inserting ``and class III 
                  gaming, where a Compact so provides, where gaming'' 
                  after ``class II gaming''; and
              (3) by striking subsection (c).
  
  SEC. 5. INTERIM AUTHORITY TO REGULATE GAMING.
  
      Section 10 of the Act (25 U.S.C. 2709) is repealed.
  
  SEC. 6. TRIBAL GAMING ORDINANCES.
  
      (a) Class II Gaming.--Subsection (b) of section 11 (25 U.S.C. 2710) 
  is amended by amending subparagraph (A) of paragraph (4) to read as 
  follows:
      ``(A) A tribal ordinance or resolution may provide for the 
  licensing or regulation of Indian charitable class II gaming activities 
  on Indian lands up to the same level and scope as permitted by tribal 
  class II gaming. A tribal ordinance or resolution may provide for the 
  licensing or regulation of class II gaming activities owned by any 
  person or entity other than the Indian tribe and conducted on Indian 
  lands, only if the tribal licensing requirements include the 
  requirements described in the subclauses of subparagraph (B)(i) and are 
  at least as restrictive as those established by State law governing 
  similar gaming within the jurisdiction of the State within which such 
  Indian lands are located.''.
      (b) Regulation of Class II Gaming.--Subsection (c)(3) of section 11 
  (25 U.S.C. 2710) is amended by inserting ``, whether by management 
  contract or otherwise,'' after ``class II gaming activity'' in the 
  matter preceding subparagraph (A).
      (c) Class III Gaming.--Section 11(d) (25 U.S.C. 2710(d)) is 
  amended--
              (1) in paragraph (1), by amending subparagraphs (B) and (C) 
          to read as follows:
              ``(B) located in a State where the requirements of 
          paragraphs (6)(A) and (B) are satisfied and the gaming activity 
          is eligible for inclusion in a Compact, and
              ``(C) conducted in conformance with a Compact that is in 
          effect.'';
              (2) in paragraph (2)--
                      (A) by striking ``Tribal-State compact entered into 
                  under paragraph (3) by the Indian tribe'' in 
                  subparagraph (C) and inserting ``Compact'';
                      (B) by striking ``Tribal-State compact'' in 
                  subparagraph (D)(iii)(I) and inserting ``Compact'';
              (3) by amending paragraph (3) to read as follows:
      ``(3)(A)(i) Any Indian tribe having jurisdiction over the Indian 
  lands upon which a class III gaming activity is to be conducted shall 
  request the Secretary to enter into a Compact with the tribe. Such 
  request shall specify the gaming activity or activities to be governed 
  by the Compact.
      ``(ii) Negotiations between the tribe and the Secretary shall be 
  completed within 180 days, subject to the procedures required by 
  paragraph (5)(B) that the Secretary and the tribe shall utilize to 
  resolve disputes arising from negotiations.
      ``(iii) The Compact shall be effective upon publication in the 
  Federal Register by the Secretary.
      ``(iv) The Commission shall pursuant to section 7 of this Act 
  monitor class III gaming to the extent provided by each Compact as 
  published by the Secretary.
      ``(B) Any Compact entered into under subparagraph (A) may include 
  provisions relating to--
              ``(i) the adoption of any of the criminal and civil laws 
          and regulations of the Indian tribe, or with tribal consent, of 
          the State, that are directly related to, and necessary for, the 
          licensing and regulation of such activity;
              ``(ii) the assessment by the Secretary of such activities 
          in such amounts as are necessary to defray the costs of 
          regulating such activity;
              ``(iii) remedies for breach of contract;
              ``(iv) standards for the operation of such activity and 
          maintenance of the gaming facility, including licensing; and
              ``(v) any other subjects that are reasonably related to the 
          operation of gaming activities.''.
              (4) by striking out paragraphs (4) and (5);
              (5) by striking paragraph (8) and redesignating paragraph 
          (9) as paragraph (11); and
              (6) by striking paragraphs (6) and (7) and inserting the 
          following:
      ``(4) The provisions of section 5 of the Act of January 2, 1951 (25 
  Stat. 1175), shall not apply to any gaming on Indian lands, or to 
  manufacturing and assembly of gaming devices on Indian lands.
      ``(5)(A) The United States district courts shall have jurisdiction 
  over--
              ``(i) any cause of action for a declaratory judgment 
          arising from the failure of an Indian tribe and the Secretary 
          to resolve disputes pursuant to paragraph (3) of this section,
              ``(ii) any cause of action initiated by United States or 
          Indian tribe to enjoin a class III gaming activity located on 
          Indian tribes and conducted in violation of any Compact entered 
          into under paragraph (3) that is in effect, and
              ``(iii) any cause of action initiated by the Secretary or a 
          tribe to enforce provisions of Compacts.
      ``(B) Notwithstanding any declaratory judgment action pending under 
  paragraph (6), a tribe and the Secretary may negotiate and proceed to 
  mediation under the Act on issues not subject to the declaratory 
  judgment action.
      ``(6)(A) No later than 120 days after the Tribe has notified the 
  Secretary its election to negotiate a Compact, or no later than such 
  longer period as may be extended in writing by the parties, either 
  party may initiate an action in Federal district court for a 
  declaration whether a gaming activity is subject to Compact negotiation 
  under this Act. In any such declaratory action, the court shall declare 
  that the gaming activity as a matter of Federal law shall be the 
  subject of negotiation if it finds that--
              ``(i) the gaming activity is not prohibited as a matter of 
          State criminal law and public policy; or
              ``(ii) if the gaming activity is subject to prosecution and 
          criminal sanction as a matter of State law, the gaming activity 
          meets one or more of the following criteria--
                      ``(I) its principal characteristics are 
                  substantially similar to principal characteristics of 
                  gaming activities that are not subject to prosecution 
                  and criminal sanction as a matter of State law;
                      ``(II) State law permits the gaming activity 
                  subject to regulation;
                      ``(III) as a matter of State law some person, 
                  organization, or entity within the State may engage in 
                  the gaming activity for some purpose; and
                      ``(IV) there is a pervasive pattern of 
                  nonenforcement of the prohibition of such gaming.
      ``(B) The Compact also shall include such provisions which best 
  meet the objectives of this Act and are consistent with any declaratory 
  judgment issued pursuant to this paragraph.
      ``(7)(A) Subject to subparagraph (B), if the parties agree on a 
  Compact, the Secretary shall adopt such Compact and publish the Compact 
  in the Federal Register.
      ``(B) The Compact referred to in subparagraph (A) shall not be 
  approved by the Secretary--
              ``(i) unless it contains provisions relating to internal 
          controls of cash flow transactions, recordkeeping and 
          reporting, accounting, security, and licensing of employees; 
          and
              ``(ii) if the Compact does not violate--
                      ``(I) any provisions of this Act;
                      ``(II) any other provision of Federal law that does 
                  not relate to jurisdiction over gaming on Indian 
                  reservations; or
                      ``(III) the trust obligations of the United States 
                  to Indians.
      ``(8) Except for an appeal under chapter 7 of title 5, United 
  States Code, publication of a Compact pursuant to this subsection which 
  permits a class III gaming activity shall be conclusive that such class 
  III gaming is an activity subject to negotiations where the gaming is 
  to be conducted, in any matter under consideration by the Commission or 
  a Federal court.
      ``(9) If the parties do not agree on a Compact under this 
  subsection before the date that is 45 days after the expiration of the 
  180-day period with respect to the last Tribal Compact proposal during 
  the 180-day period, the Compact shall be considered approved, but only 
  to the extent that the Compact is consistent with the provisions of 
  this Act.
      ``(10) The Secretary shall publish in the Federal Register notice 
  of any Compact that has been approved, or considered to have been 
  approved, under this subsection. Failure of the Secretary to publish 
  pursuant to this subsection shall not affect the legality of the 
  compact, which shall be treated as if notice was timely and properly 
  published.'';
              (7) in paragraph (11) (as so redesignated), by striking 
          ``subsections (b), (c), (d), (f), (g), and (h) of''.
  
  SEC. 7. REVIEW OF EXISTING ORDINANCES AND CONTRACTS.
  
      (a) Management Contract.--Paragraph (3) of section 12(a) (25 U.S.C. 
  2711(a)) is amended by striking ``all collateral agreements to such 
  contract that relate to the gaming activity'' and inserting ``all other 
  agreements that comprise whole or partial consideration of the parties 
  entering into the management agreement''.
      (b) Review.--Paragraph (1) of section 13(c) (25 U.S.C. 2712(c)) is 
  amended by striking ``all collateral agreements,'' and inserting ``all 
  related agreements involving the same parties, financing or leasing 
  agreements, or any agreement that pertains to significant management 
  functions or responsibilities,''.
  
  SEC. 8. CIVIL PENALTIES.
  
      (a) Date From Which Fines Run.--Paragraph (1) of section 14(a) (25 
  U.S.C. 2713(a)) is amended by adding at the end the following: ``Fines 
  imposed under this paragraph may not run from before the date of notice 
  of violation.''.
      (b) Informal Dispute Resolution.--Paragraph (2) of section 14(a) 
  (25 U.S.C. 2713(a)) is amended by inserting ``an opportunity for 
  resolving disputes informally and'' after ``provide''.
  
  SEC. 9. GAMING ON LANDS ACQUIRED AFTER DATE OF ENACTMENT.
  
      (a) Repeal of Concurrence by Governor.--Subparagraph (A) of section 
  20(b)(1) (25 U.S.C. 2719(b)(1)) is amended by striking ``, but only'' 
  and all that follows through ``determination''.
      (b) Application of Internal Revenue Code.--Paragraph (1) of section 
  20(d) (25 U.S.C. 2719(d)) is amended--
              (1) by inserting ``, and the exemption from Federal taxes 
          provided to the States with respect to any gaming activity,'' 
          after ``wagering operations'' the first place it appears; and
              (2) by striking ``or under a Tribal-State'' and all that 
          follows through ``effect,'' and inserting ``and the reporting 
          of cash transactions,''.
  
  SEC. 10. CRIMINAL PENALTIES.
  
      Subsections (c)(2) and (d) of section 1166 of title 18, United 
  States Code, are each amended by striking ``Tribal State compact'' and 
  inserting ``Compact''.
  
  SEC. 11. APPLICABILITY OF FEDERAL LAWS TO CLASS III GAMING.
  
      The Act (25 U.S.C. 2701 et seq.) is amended by adding at the end 
  the following:
  
                              ``miscellaneous
  
      ``Sec. 25. (a) Class III gaming activities that are as a matter of 
  Federal law, lawfully in any jurisdiction on the date of the enactment 
  of this section, shall, notwithstanding the provisions of this Act, 
  remain lawful for purposes of section 11(d)(6) of this Act.
      ``(b) For purposes of Federal law, the laws in effect on the date 
  that a tribe notifies the Secretary (or prior to 1993, notified the 
  State) that it wishes to negotiate a Compact, shall be the basis for 
  determining the scope of gaming in section 11(d) of this Act for any 
  Compact, or for procedures in lieu of a compact.
      ``(c) For purposes of this Act, any change in State law which 
  occurs after the earlier of (1) a Tribe's request to the State for 
  negotiations of a Tribal-State Compact pursuant to this Act, or (2) the 
  Tribe's request to the Secretary for a Compact pursuant to this Act, 
  shall not have any affect upon the terms and conditions of the Compact, 
  or upon the obligations of any government entity pursuant to this Act.
      ``(d) Notwithstanding any provision of this Act, tribes with Indian 
  lands in the Eastern District of Washington shall be entitled to 
  conduct class III gaming activities without a Compact, as long as such 
  games are limited to the nature and scope of gaming activities in 
  effect on or prior to November 1, 1994, so long as such activities are 
  otherwise in compliance with this Act.
      ``(e) Notwithstanding any provision of this Act, tribes with Indian 
  lands in Wisconsin shall be entitled to conduct class III gaming 
  activities consistent with the decision of the Federal district court 
  in Lac du Flambeau Band of Lake Superior Chippewa v. State of 
  Wisconsin, 770 F. Supp. 480 (W.D. Wis. 1991).''.
  
  SEC. 12. EFFECTIVE DATE.
  
      (a) Tribal-State Compacts.--Notwithstanding any other provision of 
  this Act or an amendment made by this Act, all Tribal-State Compacts 
  approved by the Secretary of the Interior, and procedures for 
  governance in lieu of Compacts promulgated by the Secretary, under the 
  Indian Gaming Regulatory Act as in effect on the date before the date 
  of enactment of this Act, shall continue to be fully operative and 
  binding on the parties and shall not be subject to revision unless 
  agreed to by the parties.
      (b) Pending Negotiations of Tribal-State Compacts.--Any tribe that 
  requested a State to negotiate a Tribal-State Compact prior to the 
  enactment of this Act and has not completed that process may request 
  the Secretary to enter into a Compact as specified under section 
  11(d)(3)(A) of the Indian Gaming Regulatory Act, as provided by the 
  amendments made by this Act.
      (c) Class III Gaming Under Certain Department of the Interior 
  Regulations.--Notwithstanding any provision of the amendments made by 
  this Act, tribes operating class III gaming pursuant to regulations 
  promulgated by the Department of the Interior and in effect on or 
  before the date of enactment of this Act shall be entitled to conduct 
  class III gaming activities without the approval of a Compact, 
  consistent with such regulations.
      (d) Definition.--For the purposes of this section, the term 
  ``Tribal-State Compact'' has the same meaning given such term in the 
  Indian Gaming Regulatory Act, as such Act was in effect on the date 
  before the date of enactment of this Act.
target: Indian Gaming Regulatory Act Amendments of 1994 - Amends the Indian Gaming Regulatory Act to include manufacturing and assembly of gaming devices within the definition of "class III gaming." 
  Defines "Compact" as the class III gaming regulatory regime. 
  Directs the Chairman of the National Indian Gaming Commission (Commission) to consult with an affected tribe before taking action authorized by such Act. 
  Authorizes the Commission to monitor class III gaming where a Compact so provides. 
  Authorizes class II tribal gaming ordinances to regulate non-Indian gaming activities on Indian lands to the same level as class III regulations permit. 
  Sets forth Compact provisions. 
  Applies the Federal tax exemption given to State gaming activities to Indian gaming activities. 
  Applies Federal laws to class III gaming activities.
feat_title: Indian Gaming Regulatory Act Amendments of 1994