Page:United States Statutes at Large Volume 102 Part 3.djvu/525

 PUBLIC LAW 100-497—OCT. 17, 1988

102 STAT. 2477

(iii) the assessment by the State of such activities in such amounts as are necessary to defray the costs of regulating such activity; (iv) taxation by the Indian tribe of such activity in amounts Taxes. comparable to amounts assessed by the State for comparable activities; Contracts. (v) remedies for breach of contract; (vi) standards for the operation of such activity and maintenance of the gaming facility, including licensing; and (vii) any other subjects that are directly related to the operation of gaming activities. (4) Except for any assessments that may be agreed to under State and local paragraph (3)(C)(iii) of this subsection, nothing in this section shall governments. be interpreted as conferring upon a State or any of its political subdivisions authority to impose any tax, fee, charge, or other assessment upon an Indian tribe or upon any other person or entity authorized by an Indian tribe to engage in a class III activity. No State may refuse to enter into the negotiations described in paragraph (3)(A) beised upon the lack of authority in such State, or its political subdivisions, to impose such a tax, fee, charge, or other assessment. (5) Nothing in this subsection shall impair the right of an Indian tribe to regulate class III gaming on its Indian lands concurrently with the State, except to the extent that such regulation is inconsistent with, or less stringent than, the State laws and regulations made applicable by any Tribal-State compact entered into by the Indian tribe under paragraph (3) that is in effect. (6) The provisions of section 5 of the Act of January 2, 1951 (64 Stat. 1135) shall not apply to any gaming conducted under a TribalState compact that— (A) is entered into under paragraph (3) by a State in which gambling devices are legal, and (B) is in effect. (7)(A) The United States district courts shall have jurisdiction Courts, U.S. over— (i) any cause of action initiated by an Indian tribe arising from the failure of a State to enter into negotiations with the Indian tribe for the purpose of entering into a Tribal-State compact under paragraph (3) or to conduct such negotiations in good faith, (ii) any cause of action initiated by a State or Indian tribe to enjoin a class III gaming activity located on Indian lands and conducted in violation of any Tribal-State compact entered into under paragraph (3) that is in effect, and (iii) any cause of action initiated by the Secretary to enforce the procedures prescribed under subparagraph (B)(vii). (B)(i) An Indian tribe may initiate a cause of action described in subparagraph (A)(i) only after the close of the 180-day period beginning on the date on which the Indian tribe requested the State to enter into negotiations under paragraph (3)(A). (ii) In any action described in subparagraph (A)(i), upon the introduction of evidence by an Indian tribe that— (I) a Tribal-State compact has not been entered into under paragraph (3), and (II) the State did not respond to the request of the Indian tribe to negotiate such a compact or did not respond to such request in good faith.

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