§ 2717. — Commission funding.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2717]
TITLE 25--INDIANS
CHAPTER 29--INDIAN GAMING REGULATION
Sec. 2717. Commission funding
(a)(1) The Commission shall establish a schedule of fees to be paid
to the Commission annually by each gaming operation that conducts a
class II or class III gaming activity that is regulated by this chapter.
(2)(A) The rate of the fees imposed under the schedule established
under paragraph (1) shall be--
(i) no more than 2.5 percent of the first $1,500,000, and
(ii) no more than 5 percent of amounts in excess of the first
$1,500,000,
of the gross revenues from each activity regulated by this chapter.
(B) The total amount of all fees imposed during any fiscal year
under the schedule established under paragraph (1) shall not exceed
$8,000,000.
(3) The Commission, by a vote of not less than two of its members,
shall annually adopt the rate of the fees authorized by this section
which shall be payable to the Commission on a quarterly basis.
(4) Failure to pay the fees imposed under the schedule established
under paragraph (1) shall, subject to the regulations of the Commission,
be grounds for revocation of the approval of the Chairman of any
license, ordinance, or resolution required under this chapter for the
operation of gaming.
(5) To the extent that revenue derived from fees imposed under the
schedule established under paragraph (1) are not expended or committed
at the close of any fiscal year, such surplus funds shall be credited to
each gaming activity on a pro rata basis against such fees imposed for
the succeeding year.
(6) For purposes of this section, gross revenues shall constitute
the annual total amount of money wagered, less any amounts paid out as
prizes or paid for prizes awarded and less allowance for amortization of
capital expenditures for structures.
(b)(1) The Commission, in coordination with the Secretary and in
conjunction with the fiscal year of the United States, shall adopt an
annual budget for the expenses and operation of the Commission.
(2) The budget of the Commission may include a request for
appropriations, as authorized by section 2718 of this title, in an
amount equal the amount of funds derived from assessments authorized by
subsection (a) of this section for the fiscal year preceding the fiscal
year for which the appropriation request is made.
(3) The request for appropriations pursuant to paragraph (2) shall
be subject to the approval of the Secretary and shall be included as a
part of the budget request of the Department of the Interior.
(Pub. L. 100-497, Sec. 18, Oct. 17, 1988, 102 Stat. 2484; Pub. L. 105-
83, title I, Sec. 123(a)(1)-(2)(B), Nov. 14, 1997, 111 Stat. 1566.)
Amendments
1997--Subsec. (a)(1). Pub. L. 105-83, Sec. 123(a)(1), substituted
``gaming operation that conducts a class II or class III gaming
activity'' for ``class II gaming activity''.
Subsec. (a)(2)(A)(i). Pub. L. 105-83, Sec. 123(a)(2)(A), substituted
``no more than 2.5 percent'' for ``no less than 0.5 percent nor more
than 2.5 percent''.
Subsec. (a)(2)(B). Pub. L. 105-83, Sec. 123(a)(2)(B), substituted
``$8,000,000'' for ``$1,500,000''.
Application to Self-Regulated Tribes
Pub. L. 105-83, title I, Sec. 123(a)(2)(C), Nov. 14, 1997, 111 Stat.
1566, as amended by Pub. L. 105-277, div. A, Sec. 101(e) [title III,
Sec. 338], Oct. 21, 1998, 112 Stat. 2681-231, 2681-295, provided that:
``[N]othing in subsection (a) of this section [amending this section]
shall apply to the Mississippi Band of Choctaw.''
Section Referred to in Other Sections
This section is referred to in sections 2706, 2710, 2717a, 2718 of
this title.
