Sec. 3. Treatment of Indian tribes as States with respect to excise taxes and bond issuance
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Section 7871 of the Internal Revenue Code of 1986 is amended by striking subsections
(b)and
(e)and redesignating subsections (c), (d), and
(f)as subsections (b), (c), and (d), respectively. Subsection
(b)of section 7871 of such Code, as redesignated by subsection (a), is amended to read as follows: In applying section 146 to bonds issued by Indian Tribal Governments, the Secretary shall annually— establish a national bond volume cap based on the greater of— the amount determined under section 146(d)(1)(A), determined by substituting the national Tribal population estimates supplied annually by the Secretary of the Interior, as measured by the total number of enrolled Tribal citizens of each tribe for State population , and the minimum State ceiling amount in section 146(d)(1)(B) (as adjusted in accordance with the cost of living provision in section 146(d)(2)), and under regulations prescribed by the Secretary, allocate such national bond volume cap among all Indian Tribal Governments seeking such an allocation in a particular year. In the case of national bond volume cap allocated under paragraph (1), section 146(k)(1) shall not apply to the extent that such cap is used with respect to financing for a facility located on qualified Indian lands. No portion of proceeds from an obligation issued by an Indian Tribal Government (or subdivision thereof) under section 103 may be used with respect to the financing of any portion of a building in which class II or class III gaming (as defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C. 2703 )) is conducted or housed or any property actually used in the conduct of such gaming. For purposes of this subsection— The term Indian Tribal Government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). Under regulations prescribed by the Secretary, an Indian Tribal Government (or a partnership of Indian Tribal Governments) may authorize an intertribal consortium, an organization, or an Alaska Native regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act, to plan for, coordinate or otherwise administer services, finances, functions, or activities on its behalf under this subsection, except that the authorized entity shall have the rights and responsibilities of the authorizing Indian Tribal Government (or Indian Tribal Governments) only to the extent provided in the authorizing resolution. The term qualified Indian lands means— Indian lands within the meaning of section 29(j)(8) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3722b(j)(8) ), land held in fee simple by an Indian Tribal Government, land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ), Hawaiian Home Lands (as defined in section 801 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 ), and under regulations prescribed by the Secretary, lands where the facility is to be placed in service in connection with— the active conduct of a trade or business by an Indian Tribe on, contiguous to, within reasonable proximity of, or with a substantial connection to lands described in clause (i), (ii), (iii), or (iv), or infrastructure (including roads, power lines, water systems, railroad spurs, and communication facilities) serving lands described in clause (i), (ii), (iii), or (iv). . Section 7871(a) of such Code is amended— in paragraph
(2)by striking subject to subsection (b), , and in paragraph
(4)by striking subsection
(c)and inserting subsection
(b). Subparagraph
(B)of section 45(c)(9) of such Code is amended to read as follows: For purposes of this paragraph, the term Indian Tribe means any Indian Tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. . The amendments made by this section shall apply to obligations issued in calendar years beginning after the date of the enactment of this Act. The amendments made by this section with respect to any excise tax referred to in section 7871(a)(2) of such Code shall take effect on and after the first day of the first calendar quarter beginning more than 60 days after the date of the enactment of this Act.
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Sec. 3
Treatment of Indian tribes as States with respect to excise taxes and bond issuance
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