may petition the Commission for a certificate of self-regulation.
Upon the approval of such an ordinance or resolution, the Chairman shall publish in the Federal Register such ordinance or resolution and the order of approval.
the burden of proof shall be upon the State to prove that the State has negotiated with the Indian tribe in good faith to conclude a Tribal-State compact governing the conduct of gaming activities.
For purposes of this section, by not later than the date that is 90 days after the date on which any tribal gaming ordinance or resolution is submitted to the Chairman, the Chairman shall approve such ordinance or resolution if it meets the requirements of this section. Any such ordinance or resolution not acted upon at the end of that 90-day period shall be considered to have been approved by the Chairman, but only to the extent such ordinance or resolution is consistent with the provisions of this chapter.
1 So in original. Probably should be followed by a comma.
2 So in original. Probably should not be capitalized.
25 U.S.C. § 2710
REFERENCES IN TEXTThis chapter, referred to in subsecs. (a), (d)(7)(B)(iv), (vii)(I), (8)(B)(i), (C), and (e), 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 sectionof this title and Tables.
CONSTITUTIONALITYFor information regarding constitutionality of certain provisions of section 11 of Pub. L. 100-497 see Congressional Research Service, The Constitution of the United States of America: Analysis and Interpretation, Appendix 1, Acts of Congress Held Unconstitutional in Whole or in Part by the Supreme Court of the United States.
- The term "Chairman" means the Chairman of the National Indian Gaming Commission.
- The term "Commission" means the National Indian Gaming Commission established pursuant to section 2704 of this title.
- Indian lands
- 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.
- Indian tribe
- 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.
- The term "Secretary" means the Secretary of the Interior.
- class I gaming
- 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.
- class II gaming
- 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,including (if played in the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo, and(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,but only if such card games are played in conformity with those laws and regulations (if any) of the State regarding hours or periods of operation of such card games or limitations on wagers or pot sizes in such card games.
- class III gaming
- The term "class III gaming" means all forms of gaming that are not class I gaming or class II gaming.
- net revenues
- 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.