Page:United States Statutes at Large Volume 102 Part 3.djvu/523

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-497—OCT. 17, 1988

102 STAT. 2475

may petition the Commission for a certificate of self-regulation. (4) The Commission shall issue a certificate of self-regulation if it determines from available information, and after a hearing if requested by the tribe, that the tribe has— (A) conducted its gaming activity in a manner which— (i) has resulted in an effective and honest accounting of all revenues; (ii) has resulted in a reputation for safe, fair, and honest operation of the activity; and (iii) has been generally free of evidence of criminal or dishonest activity; (B) adopted and is implementing adequate systems for— (i) accounting for all revenues from the activity; (ii) investigation, licensing, and monitoring of all employees of the gaming activity; and (iii) investigation, enforcement and prosecution of viola- Law tions of its gaming ordinance and regulations; and f^f^^^^^^^ ^^^ (C) conducted the operation on a fiscally and economically crime. sound basis. (5) During any year in which a tribe has a certificate for selfregulation— (A) the tribe shall not be subject to the provisions of paragraphs (1), (2), (3), and (4) of section 7(b); (B) the tribe shall continue to submit an annual independent audit as required by section 11(b)(2)(C) and shall submit to the Commission a complete resume on all employees hired and licensed by the tribe subsequent to the issuance of a certificate of self-regulation; and (C) the Commission may not assess a fee on such activity pursuant to section 18 in excess of one quarter of 1 per centum of the gross revenue. (6) The Commission may, for just cause and after an opportunity for a hearing, remove a certificate of self-regulation by majority vote of its members. (d)(1) Class III gaming activities shall be lawful on Indian lands only if such activities are— (A) authorized by an ordinance or resolution that— (i) is adopted by the governing body of the Indian tribe having jurisdiction over such lands, (ii) meets the requirements of subsection (b), and (iii) is approved by the Chairman, (B) located in a State that permits such gaming for any purpose by any person, organization, or entity, and (C) conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the State under paragraph (3) that is in effect. (2)(A) If any Indian tribe proposes to engage in, or to authorize any person or entity to engage in, a class III gaming activity on Indian lands of the Indian tribe, the governing body of the Indian tribe shall adopt and submit to the Chairman an ordinance or resolution that meets the requirements of subsection (b). (B) The Chairman shall approve any ordinance or resolution described in subparagraph (A), unless the Chairman specifically determines that— (i) the ordinance or resolution was not adopted in compliance with the governing documents of the Indian tribe, or