Page:United States Statutes at Large Volume 102 Part 3.djvu/517

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-497—OCT. 17, 1988

102 STAT. 2469

(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 the date of enactment of this Act, 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 the date of enactment of this Act, to negotiate a TribalState compact under section ll(d)(3). (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. NATIONAL INDIAN GAMING COMMISSION

SEC. 5. (a) There is established within the Department of the Interior a Commission to be known as the National Indian Gaming Commission. 0)X1) The Commission shall be composed of three full-time members who shall be appointed as follows: (A) a Chairman, who shall be appointed by the President with the advice and consent of the Senate; and (B) two associate members who shall be appointed by the Secretary of the Interior. (2)(A) The Attorney General shall conduct a background investigation on any person considered for appointment to the Commission. (B) The Secretary shall publish in the Federal Register the name and other information the Secretary deems pertinent regarding a nominee for membership on the Commission and shall allow a period of not less than thirty days for receipt of public comment. (3) Not more than two members of the Commission shall be of the same political party. At least two members of the Commission shall be enrolled members of any Indian tribe. (4)(A) Except as provided in subparagraph (B), the term of office of the members of the Commission shall be three years. (B) Of the initial members of the Commission— (i) two members, including the Chairman, shall have a term of office of three years; and (ii) one member shall have a term of office of one year. (5) No individual shall be eligible for any appointment to, or to continue service on, the Commission, who— (A) has been convicted of a felony or gaming offense;

Establishment. 25 USC 2704.

President of U.S.

Federal Register, Publication.