From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2703]
TITLE 25--INDIANS
CHAPTER 29--INDIAN GAMING REGULATION
Sec. 2703. Definitions
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,
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.
(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.
(Pub. L. 100-497, Sec. 4, Oct. 17, 1988, 102 Stat. 2467; Pub. L. 102-
238, Sec. 2(a), Dec. 17, 1991, 105 Stat. 1908; Pub. L. 102-497, Sec. 16,
Oct. 24, 1992, 106 Stat. 3261.)
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).
Class II Gaming With Respect to Indian Tribes in Wisconsin or Montana
Engaged in Negotiating Tribal-State Compacts
Pub. L. 101-301, Sec. 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, Sec. 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)].''
Section Referred to in Other Sections
This section is referred to in section 1775b of this title; title 10
section 2323a; title 26 sections 45A, 168, 3402; title 28 sections 3701,
3704; title 31 section 5312.