§ 2706. Powers of Commission

Statutory text

Budget approval; civil fines; fees; subpoenas; permanent orders

The Commission shall have the power, not subject to delegation—

upon the recommendation of the Chairman, to approve the annual budget of the Commission as provided in section 2717 of this title;

to adopt regulations for the assessment and collection of civil fines as provided in section 2713(a) of this title;

by an affirmative vote of not less than 2 members, to establish the rate of fees as provided in section 2717 of this title;

by an affirmative vote of not less than 2 members, to authorize the Chairman to issue subpoenas as provided in section 2715 of this title; and

by an affirmative vote of not less than 2 members and after a full hearing, to make permanent a temporary order of the Chairman closing a gaming activity as provided in section 2713(b)(2) of this title.

Monitoring; inspection of premises; investigations; access to records; mail; contracts; hearings; oaths; regulations

The Commission—

shall monitor class II gaming conducted on Indian lands on a continuing basis;

shall inspect and examine all premises located on Indian lands on which class II gaming is conducted;

shall conduct or cause to be conducted such background investigations as may be necessary;

may demand access to and inspect, examine, photocopy, and audit all papers, books, and records respecting gross revenues of class II gaming conducted on Indian lands and any other matters necessary to carry out the duties of the Commission under this chapter;

may use the United States mail in the same manner and under the same conditions as any department or agency of the United States;

may procure supplies, services, and property by contract in accordance with applicable Federal laws and regulations;

may enter into contracts with Federal, State, tribal and private entities for activities necessary to the discharge of the duties of the Commission and, to the extent feasible, contract the enforcement of the Commission’s regulations with the Indian tribes;

may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission deems appropriate;

may administer oaths or affirmations to witnesses appearing before the Commission; and

shall promulgate such regulations and guidelines as it deems appropriate to implement the provisions of this chapter.

Omitted

Application of Government Performance and Results Act

In general

In carrying out any action under this chapter, the Commission shall be subject to the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285).

Plans

In addition to any plan required under the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285), the Commission shall submit a plan to provide technical assistance to tribal gaming operations in accordance with that Act.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1988
Indian Gaming Regulatory Act
Pub. L. 100–497 § 7 · 102 Stat. 2467
Enacted · 25 U.S.C. § 2706
Pub. L. 100–497, § 7, Oct. 17, 1988, 102 Stat. 2470
Source evidence
Code source credit
Pub. L. 100–497, § 7, Oct. 17, 1988, 102 Stat. 2470
Enacted provision · exact public law section
Sec. 7. powers of the commission (a) The Commission shall have the power, not subject to delegation— (1) upon the recommendation of the Chairman, to approve the annual budget of the Commission as provided in section 18; (2) to adopt regulations for the assessment and collection of civil fines as provided in section 14(a); (3) by an affirmative vote of net less than 2 members, to establish the rate of fees as provided in section 18; (4) by an affirmative vote of not less than 2 members, to authorize the Chairman to issue subpoenas as provided in section 16; and (5) by an affirmative vote of not less than 2 members and after a full hearing, to make permanent a temporary order of the Chairman closing a gaming activity as provided in section 14(b)(2). (b) The Commission— (1) shall monitor class II gaming conducted on Indian lands on a continuing basis; (2) shall inspect and examine all premises located on Indian lands on which class II gaming is conducted; (3) shall conduct or cause to be conducted such background investigations as may be necessary; (4) may demand access to and inspect, examine, photocopy, and audit all papers, books, and records respecting gross revenues of class II gaming conducted on Indian lands and any other matters necessary to carry out the duties of the Commission under this Act; (5) may use the United States mail in the same manner and under the same conditions as any department or agency of the United States; (6) may procure supplies, services, and property by contract in accordance with applicable Federal laws and regulations; (7) may enter into contracts with Federal, State, tribal and private entities for activities necessary to the discharge of the duties of the Commission and, to the extent feasible, contract the enforcement of the Commission’s regulations with the Indian tribes; (8) may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission deems appropriate; (9) may administer oaths or affirmations to witnesses appearing before the Commission; and (10) shall promulgate such regulations and guidelines as it Regulations. deems appropriate to implement the provisions of this Act. (c) The Commission shall submit a report with minority views, if Reports. any, to the Congress on December 31, 1989, and every two years thereafter. The report shall include information on— (1) whether the associate commissioners should continue as full or part-time officials; (2) funding, including income and expenses, of the Commission; (3) recommendations for amendments to the Act; and (4) any other matter considered appropriate by the Commission.
2006
Native American Technical Corrections Act of 2006
Pub. L. 109–221 title III § 301(a) · 120 Stat. 336
Added · 25 U.S.C. § 2706(d)
Pub. L. 109–221 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 109–221 added subsec. (d).
Enacted provision · exact public law section
(a) Powers of the Commission.— Section 7 of the Indian Gaming Regulatory Act (25 U.S.C. 2706) is amended by adding at the end the following: “(d) Application of Government Performance and Results Act.— “(1) In general.— In carrying out any action under this Act, the Commission shall be subject to the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285). “(2) Plans.— In addition to any plan required under the Government Performance and Results Act of 1993 (Public Law 103–62; 107 Stat. 285), the Commission shall submit a plan to provide technical assistance to tribal gaming operations in accordance with that Act.” .

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in subsecs. (b)(4), (10) and (d)(1), 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 section 2701 of this title and Tables.

The Government Performance and Results Act of 1993, referred to in subsec. (d), is Pub. L. 103–62, Aug. 3, 1993, 107 Stat. 285, which enacted section 306 of Title 5, Government Organization and Employees, sections 1115 to 1119, 9703, and 9704 of Title 31, Money and Finance, and sections 2801 to 2805 of Title 39, Postal Service, amended section 1105 of Title 31, and enacted provisions set out as notes under sections 1101 and 1115 of Title 31. For complete classification of this Act to the Code, see Short Title of 1993 Amendment note set out under section 1101 of Title 31 and Tables.

Codification

Subsec. (c) of this section, which required the Commission to submit a report to Congress every two years on various matters relating to the operation of the Commission, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 114 of House Document No. 103-7.

Amendments

2006—Subsec. (d). Pub. L. 109–221 added subsec. (d).

Credits

1988–2006 · 2 acts

1988Pub. L. 100–497, § 7, Oct. 17, 1988, 102 Stat. 2470
2006Pub. L. 109–221, title III, § 301(a), May 12, 2006, 120 Stat. 341.

Show as published

(Pub. L. 100–497, § 7, Oct. 17, 1988, 102 Stat. 2470; Pub. L. 109–221, title III, § 301(a), May 12, 2006, 120 Stat. 341.)