PRIA, Government Policy, Made Personal

Summary

After the Commission is set up, the Chairman must tell every Indian tribe or management contractor who, before October 17, 1988, had an ordinance or resolution allowing class II or class III gaming or had a management contract to send that ordinance, resolution, contract, and all related agreements to him within 60 days of the notice. Any gaming run under those papers stays valid unless the Chairman disapproves it under this rule. The Chairman has 90 days after getting an ordinance or resolution to check if it follows section 2710(b). If it does, he approves it. If it does not, he sends written changes and the tribe has 120 days to make fixes. For management contracts, the Chairman must review them under section 2711 within 180 days. If the contract and contractor meet the rules, he approves. If not, he sends written changes and the parties have 120 days to comply, except if the Secretary approved the contract before October 17, 1988 — then they have 180 days after notice.

Title 25, §2712

Indians, Source: USLM XML via OLRC

(a)Notification to submit

As soon as practicable after the organization of the Commission, the Chairman shall notify each Indian tribe or management contractor who, prior to October 17, 1988, adopted an ordinance or resolution authorizing class II gaming or class III gaming or entered into a management contract, that such ordinance, resolution, or contract, including all collateral agreements relating to the gaming activity, must be submitted for his review within 60 days of such notification. Any activity conducted under such ordinance, resolution, contract, or agreement shall be valid under this chapter, or any amendment made by this chapter, unless disapproved under this section.

(b)Approval or modification of ordinance or resolution

(1)By no later than the date that is 90 days after the date on which an ordinance or resolution authorizing class II gaming or class III gaming is submitted to the Chairman pursuant to subsection (a), the Chairman shall review such ordinance or resolution to determine if it conforms to the requirements of section 2710(b) of this title.

(2)If the Chairman determines that an ordinance or resolution submitted under subsection (a) conforms to the requirements of section 2710(b) of this title, the Chairman shall approve it.

(3)If the Chairman determines that an ordinance or resolution submitted under subsection (a) does not conform to the requirements of section 2710(b) of this title, the Chairman shall provide written notification of necessary modifications to the Indian tribe which shall have not more than 120 days to bring such ordinance or resolution into compliance.

(c)Approval or modification of management contract

(1)Within 180 days after the submission of a management contract, including all collateral agreements, pursuant to subsection (a), the Chairman shall subject such contract to the requirements and process of section 2711 of this title.

(2)If the Chairman determines that a management contract submitted under subsection (a), and the management contractor under such contract, meet the requirements of section 2711 of this title, the Chairman shall approve the management contract.

(3)If the Chairman determines that a contract submitted under subsection (a), or the management contractor under a contract submitted under subsection (a), does not meet the requirements of section 2711 of this title, the Chairman shall provide written notification to the parties to such contract of necessary modifications and the parties shall have not more than 120 days to come into compliance. If a management contract has been approved by the Secretary prior to October 17, 1988, the parties shall have not more than 180 days after notification of necessary modifications to come into compliance.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), 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.

§2712 Review of Existing Ordinances and Contracts