25 U.S.C. § 2706

Powers of Commission

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(a) Budget approval; civil fines; fees; subpoenas; permanent ordersThe 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 2717 of this title;(2) to adopt regulations for the assessment and collection of civil fines as provided in section 2713(a) of this title;(3) by an affirmative vote of not less than 2 members, to establish the rate of fees as provided in section 2717 of this title;(4) 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(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 2713(b)(2) of this title.(b) Monitoring; inspection of premises; investigations; access to records; mail; contracts; hearings; oaths; regulationsThe 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 chapter;(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 deems appropriate to implement the provisions of this chapter.(c) Omitted(d) Application of Government Performance and Results Act(1) 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).

(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.

(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.)Editorial NotesReferences 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).

Notes of Decisions

Cited in 40 cases (1 in the last 5 years), 1992–2024 · leading case: Colorado River Indian Tribes v. Nat'l Indian Gaming Comm'n, 466 F.3d 134 (D.C. Cir. 2006).

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Colorado River Indian Tribes v. Nat'l Indian Gaming Comm'n, 466 F.3d 134 (D.C. Cir. 2006). · cites it 3× “The Commission denied the Tribe’s objection, citing its authority to “promulgate such regulations and guidelines as it deems appropriate to implement the provisions” of the Act, 25 U.S.C. § 2706 (b)(10), among which is the provision stating that one of the Act’s purposes is to…”

Colorado River Indian Tribes v. Nat'l Indian Gaming Comm'n, 383 F. Supp. 2d 123 (D.D.C. 2005). · cites it 7× “The Chairman explained that Colorado River’s conduct violated 25 U.S.C. § 2706 (b)(4), which authorizes a representative of the NIGC to “demand access to and inspect, examine, photocopy, and audit all papers, books, and records respecting gross revenues of class II gaming…”

City of Duluth v. Fond Du Lac Band of Lake Superior Chippewa, 702 F.3d 1147 (8th Cir. 2013). · cites it 2× “25 U.S.C. § 2706 . The district court was concerned that a declaratory judgment could “confuse and unsettle” the relationship between the parties if it were not based on findings by the NIGC as to the legality of the 1986 agreement.”

Cossey v. Cherokee Nation Enter., LLC, 2009 OK 6 (Okla. 2009). · cites it 2× “25 U.S.C. § 2706 (b). [9] The Ballot Title in the legislative referendum proposing enactment of State-Tribal Gaming Act did not indicate that Oklahoma law would not apply to Indian-country gaming.”

Sac & Fox Nation of Missouri v. Norton, 240 F.3d 1250 (10th Cir. 2001). “25 U.S.C. § 2706 (b)(10). Presumably, the Commission’s authority also includes interpreting any ambiguous phrases or terms contained in IGRA.”

Griffith v. Choctaw Casino of Pocola, 2009 OK 51 (Okla. 2009). · cites it 2× “25 U.S.C. § 2706 (b). [18] Id. § 281, Part 6(A) (relating to tort claims), Part 6(B) (relating to prize claims), and Part 6(C) (relating to suits against the tribe or tribal agency).”

State Ex Rel. Stephan v. Finney, 867 P.2d 1034 (Kan. 1994). · cites it 2× “§ 2705 (1988); 25 U.S.C. § 2706 (1988). Class III gaming is defined *635 as "all forms of gaming that are not class I gaming or class II gaming.”

Pueblo of Pojoaque v. New Mexico, 214 F. Supp. 3d 1028 (D.N.M. 2016). “25 U.S.C. § 2706 . . In their Motion to Dismiss Counts III and IV Response, the Plaintiffs answer these arguments only by referencing and incorporating their preemption arguments made elsewhere.”

Citizens Exposing Truth About Casinos v. Kempthorne, 492 F.3d 460 (D.C. Cir. 2007). “1 Afterward, by Memorandum of Agreement, the Secretary and the National Indian Gaming Commission, which administers IGRA, 25 U.S.C. § 2706 (b)(10), agreed that the Secretary is to determine whether a tribe meets one of *463 IGRA’s exceptions when the Secretary decides to take…”

Wells Fargo Bank, Nat'l Ass'n v. Lake of the Torches Econ. Dev. Corp., 658 F.3d 684 (7th Cir. 2011). “In addition, it provides the Chairman of the Commission with the authority to review and approve management contracts entered into by an Indian tribe “for the operation and management,” id. § 2711(a)(1), of a class II or class III gaming facility.”

Pueblo of Pojoaque v. New Mexico, 233 F. Supp. 3d 1021 (D.N.M. 2017). “” 25 U.S.C. § 2706 . . The Tenth Circuit's articulation of the interlocutory injunction appeal exception to divestiture heavily relies upon Wright & Miller's discussion of that exception.”

Sharp Image Gaming, Inc. v. Shingle Springs Band Indians, 223 Cal. Rptr. 3d 362 (Cal. Ct. App. 5th 2017). · cites it 2× “§ 2704 (a) ), and granted the NIGC broad regulatory powers to implement and enforce IGRA ( 25 U.S.C. § 2706 (a)(b) ), including the power to promulgate "appropriate" regulations ( *370 25 U.”

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