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102 STAT. 2472
PUBLIC LAW 100-497-0CT.
17, 1988
and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay
payable for GS-17 of the General Schedule under section 5332 of
that title.
.
(c) The Chairman may procure temporary and intermittent services under section 3I09(b) of title 5, United States Code, but at rates
for individuals not to exceed the daily equivalent of the maximum
annual rate of basic pay payable for GS-IS of the General Schedule.
(d) Upon the request of the Chairman, the head of any Federal
agency is authorized to detail any of the personnel of such agency to
the Commission to assist the Commission in carrying out its duties
under this Act, unless otherwise prohibited by law.
(e) The Secretary or Administrator
of General Services shall
provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.
COMMISSION-ACCESS
25 use 2708.
TO INFORMATION
SEC. 9. The Commission may secure from any department or
agency of the United States information necessary to enable it to
carry out this Act. Upon the request of the Chairman, the head of
such department or agency shall furnish such information to the
Commission, unless otherwise prohibited by law.
INTERIM AUTHORITY TO REGULATE GAMING
25 use 2709.
25 use 2710.
SEC. 10. Notwithstanding any other provision of this Act, the
Secretary shall continue to exercise those authorities vesteq in .the
Secretary on the day before the date of enactment of this Act
relating to supervision of Indian gaming until such time as the
Commission is organized and prescribes regulations. The Secretary
shall provide staff and support assistance to facilitate an orderly
transition to regulation of Indian gaming by the Commission.
-
TRIBAL GAMING ORDINANCES
.
SEC. 11. (a)(1) Class I gaming on Indian lands is within the
exclusive jurisdiction of the Indian tribes and shall not be subject to
the provisions of this Act.
(2) Any class II gaming on Indian lands shall continue to be within
the jurisdiction of the Indian tribes, but shall be subject to the
provisions of this Act.
(b)(l) An Indian tribe may engage in, or license and regulate, class
II gaming on Indian lands within such tribe's jurisdiction, if(A) such Indian gaming is located within a State that permits
such gaming for any purpose by any person, organization or
entity (and such gaming is not otherwise specifically prohibited
on Indian lands by Federal law), and
(B) the governing body of the Indian tribe adopts an ordinance
or resolution which is approved by the Chairman.
A separate license issued by the Indian tribe shall be required for
each place, facility, or location on Indian lands at which class II
gaming is conducted.
(2) The Chairman shall approve any tribal ordinance or resolution
concerning the conduct, or regulation of class II gaming on the
Indian lands within the tribe's jurisdiction if such ordinance or
resolution provides that-
c,
PUBLIC LAW lOO-497-0CT.
17, 1988
102 STAT. 2473
(A) except as provided in paragraph (4), the Indian tribe will
have the sole proprietary interest and responsibility for the
conduct of any gaming activity;
(B) net revenues from any tribal gaming are not to be used for
purposes other than(i) to fund tribal government operations or programs;
(ii) to provide for the general welfare of the Indian tribe
and its members;
(iii) to promote tribal economic development;
(iv) to donate to charitable organizations; or
(v) to help fund operations of local government agencies;
(C) annual outside audits of the gaming, which may be encompassed within existing independent tribal audit systems, will be
provided by the Indian tribe to the Commission;
(D) all contracts for supplies, services, or concessions for a
contract amount in excess of $25,000 annually (except contracts
for professional legal or accounting services) relating to such
gaming shall be subject to such independent audits;
(E) the construction and maintenance of the gaming facility,
and the operation of that gaming is conducted in a manner
which adequately protects the environment and the public
health and safety; and
(F) there is an adequate system which(i) ensures that background investigations are conducted
on the primary management officials and key employees of
the gaming enterprise and that oversight of such officials
and their management is conducted on an ongoing basis;
and
(ii) includes-
Contracts.
Environmental
protection.
Public health
and safety.
.
(I) tribal licenses for primary management officials
and key employees of the gaming enterprise with
prompt notification to the Commission of the issuance
of such licenses;
.
(II) a standard whereby any person whose prior Law
and
activities, criminal record, if any, or reputation, habits enforcement
crime.
and associations pose a threat to the public interest or
to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of
gaming shall not be eligible for employment; and
(III) notification by the Indian tribe to the Commission of the results of such background check before the
issuance of any of such licenses.
(3) Net revenues from any class II gaming activities conducted or
licensed by any Indian tribe may be used to make per capita
payments to members of the Indian tribe only if(A) the Indian tribe has prepared a plan to allocate revenues
to uses authorized by paragraph (2)(B);
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Th..words "E~eclJri\..dtpartment' art'
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§ 30 1.
Departmental
,Ihe
\ t'~tc
uefLOllion
::1,:,
ur e'
\\ as
Lon
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regulations
The head of an Executive department or military department nu'
presC1"ibe regulations
for the government of his department. ::.:
conduct of its employees. the distribution and performance oi
busin~ss. and the custody, use. and preservation
of its recort:
papers. and property.
Thi's section does not authorize withhol~
information from the public or limiting the availability of records',
the public,
"
(Pub.L. 89-554, Sept. 6, 1966.80 Stat. 379,)
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The ;'I;alional
,"'Lurie... ACI Amendments of 1949 t'stab.
,.h~J ihe Department of Defense as an
\\,'lutive Department inc!uding the Dt'.
f
.:.1I1menl of the Army, the Depanment
of
;11.: 'l;avy. a~d the Depanment
uf Ihe Air
h.r.:" as milllary depanmc'nts,
not as E.~.
. 'ILI\"
departments.
f-lowe\.t'r,
the
:'~;lrLC:law for this section, whil'h "as in
elk.:l in 1949. remajn~d
applicablt'
10 Ih~
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depanmt'n:s
" '"1ue uf section
121g) ,f Ihe ~aliona!
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Act ,Amendment.;
at
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5911. which pro~'lded
,~JI laws, orders.
regulations.
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:: ~\llons relating
to rhe ~allCJn:J1 ~ti",
',II' E>I:Jblishmene,
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shall, ~:I;C~pl
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",'ith tho: pro\:, ,,:' uf this ACI, have lh~ sam.. eff~o:t 2,
, 'hI> ALt had not been enacl..d;
but,
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dale oi Ihis ACI, am'
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LIBRARY REFE
'nwr1can Digest System
IUlhority
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P'J\"er 10 maintain.
38
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:j,,' ...lUree Jaw, . Before enaClme.:nlof Ir.",
!I..,nal Security Act ,~rnendmenrs or
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. retrie\e dirc:ct history, precedential
Insta.Cile seT\ ice
with
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Amendm.mu
1993 Amendmenu,
Pub.L.
103-62.
§ ! Ita!. .~:Ig, 3, 1993, 107 stac 2..5. add.
~d ,tem 30b.
WESIL;. W supplements
allows y.)U to
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A.I'I,JDSTATUTORY NOTES
WESTL\ W COMPUTER
Cr"t"d Slat..~ Cod..
; t. s,C, 22 .
IHltUred for
',',II:~n 01 "Jepartmenc"
HISTORICAL
A.'\'D ST.,nl
Repuru
reeulal~, and control 3d
39
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( H,
.r,'.~;j \;( Injun
Affairs.
r:.';\ '.J!Jal_a'~'
Jn~lng
::.JI\ <,.( ,he Int<:rtor or
SU":~' J~lcgj!~d
pow.r\. '~r;Jt'r regl;Ic.Clons to
crrnrnd
b~ him. to the
D~p;Htment
of the Inte" Secretary or the Com,~ rhl' whole or "ny part
~n "ul"h rl'\'Ocati.ln shall
.rHil be deemed 10 abro":0nfared
hy .my other
1 re Jt:t:med to convey
, I,.
Tirl~
' Go\crnln~nI Or.
r-:~~pl(~~~::"...
.mmls."ioners.
J; .J"rh""l~d
1"1.1,.
J,
An a.,SISlant
by a ;JroviSlon
loll.
9 I. 3~ Stat.
OF I'DIA'
25 § 2
AFFAIRS
Duties of Commissioner
T~e Commis<;;on~r of Indian Affairs shall. under the direction of the Secr~t;1r'.. ,1f the Inr.erior. and agreeably to such regulations as the President
m;l~ prescnbe. have the management of all Indian 3ffairs and of all matters
JrrSlr.g out of Indian relations.
IRS § 463.'
Historical Note
Codificalion.
RS. & .1hJ was from Act~
).",.;
1832. c. 174. ~ I. 4 Stat. 564; h.ly 27.
i 'h~ :. 15Q. § I. Ii SIal. 228.
Transfer of Functions.
For transfer of
f"n..tlllns of orh~r 'Jfticers. employees. and
.Jlen"~s of rh~ Dep8r1m~nl of the Interior.
,:'Ih ,~rtaln ~~ceptlons. to the Secret.If)' of
1:1< Irt~rior.
with pow~r to delegate.
s~e
p~or~. Plan No.3 of 1950. §§ I. 2. ~IT. !VIay
:~. I:j,O. 15 F.R. 3174, 64 Sial. 1262. set out
III th~ Appendu to Title 5. Governm~nt Or.
~ JnllJ'lon and Employ~~.
Code
of Federal
All supervIsory and appellale powers and
duries In r~ga,d to IndIan alT81rs ther~tofore
'~st~d in (h~ S~cr~tary of Ihe T,~asury were
(hereafter to be ~~ercised and prrfonned by
th~ Secretary of the Interior under the provisions of section I of Act July 27. 1868. c. 259,
IS Stat. 228.
Appointment
by the Pr~sldent of a Commissioner of Indian Affairs to act under the
dir~ction of the Secr~tary of War was provid~
~d for by s~cllon I of Act July 9. t 832. c.
174. ~ Sial. 564
Regulations
.~lIorn~~'central'ts with Fiv~ Civilized Tribes. see ~5 CFR Sq.3;) 10 89.35.
'. ""l1;n"
hetw~~n ~nroll~d
rr..,' ..<), .J c.on.lndian did
.1 I..; ':. .1'- ~ht' ~rp4:lntment.
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was not
c ,.' ',c.~ I C1haJ,0Iln...>1 10 for.
::':'Cu(;\O:
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BlREAL
.~Jmlnlstraltve proc~dur~s governrng funding of Indian Child W~lfare Act of 1978. see 25 CFR
23 I ~t s~q.
~ pp~J'S from adminlslrativ~ actions. see 25 CFR 2. I el seq.
~ pph"'Jb,I'ly of regulations to particular Indian r~servations. s~~ 25 CFR 11.1 et seq,
~ pphobllity of rut" of Bureau of Indian Affairs. see 25 CFR 1 I d s~q.
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:omn1lltee's
ap-
.'! .l~rr:~!,:;snct' wllh IOcction of
« rr.l\'ldin~ thaI no prrson
',." :'n' .1rrUlnlm~nt as Judg~
,,',Ie,s. hi' qual,fh'arlons
and
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| File Modified | 2008-05-19 |
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