25 Cfr 293 - Class Iii Tribal State Gaming Compact Process

Bureau of Indian Affairs, Interior

Pt. 293

§ 292.22 How does the Secretary request the Governor’s concurrence?
If the Secretary makes a favorable
Secretarial Determination, the Secretary will send to the Governor of the
State:
(a) A written notification of the Secretarial Determination and Findings of
Fact supporting the determination;
(b) A copy of the entire application
record; and
(c) A request for the Governor’s concurrence in the Secretarial Determination.
§ 292.23 What happens if the Governor
does not affirmatively concur with
the Secretarial Determination?
(a) If the Governor provides a written
non-concurrence with the Secretarial
Determination:
(1) The applicant tribe may use the
newly acquired lands only for non-gaming purposes; and
(2) If a notice of intent to take the
land into trust has been issued, then
the Secretary will withdraw that notice pending a revised application for a
non-gaming purpose.
(b) If the Governor does not affirmatively concur in the Secretarial Determination within one year of the date of
the request, the Secretary may, at the
request of the applicant tribe or the
Governor, grant an extension of up to
180 days.
(c) If no extension is granted or if the
Governor does not respond during the
extension period, the Secretarial Determination will no longer be valid.
§ 292.24 Can the public review the Secretarial Determination?

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Subject to restrictions on disclosure
required by the Freedom of Information Act (5 U.S.C. 552), the Privacy Act
(5 U.S.C. 552a), and the Trade Secrets
Act (18 U.S.C. 1905), the Secretarial Determination and the supporting documents will be available for review at
the local BIA agency or Regional Office
having administrative jurisdiction over
the land.

INFORMATION COLLECTION
§ 292.25 Do information collections in
this part have Office of Management and Budget approval?
The information collection requirements in §§ 292.16, 292.17, and 292.18 have
been approved by the Office of Management and Budget (OMB). The information collection control number is 1076–
0158. A Federal agency may not collect
or sponsor and a person is not required
to respond to, a collection of information unless it displays a currently valid
OMB control.

Subpart D—Effect of Regulations
§ 292.26 What effect do these regulations have on pending applications,
final agency decisions, and opinions
already issued?
These regulations apply to all requests pursuant to 25 U.S.C. 2719, except:
(a) These regulations do not alter
final agency decisions made pursuant
to 25 U.S.C. 2719 before the date of enactment of these regulations.
(b) These regulations apply to final
agency action taken after the effective
date of these regulations except that
these regulations shall not apply to applicable agency actions when, before
the effective date of these regulations,
the Department or the National Indian
Gaming Commission (NIGC) issued a
written opinion regarding the applicability of 25 U.S.C. 2719 for land to be
used for a particular gaming establishment, provided that the Department or
the NIGC retains full discretion to
qualify, withdraw or modify such opinions.

PART 293—CLASS III TRIBAL STATE
GAMING COMPACT PROCESS
Sec.
293.1 What is the purpose of this part?
293.2 How are key terms defined in this
part?
293.3 What authority does the Secretary
have to approve or disapprove compacts
and amendments?
293.4 Are compacts and amendments subject
to review and approval?
293.5 Are extensions to compacts subject to
review and approval?

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§ 293.1

25 CFR Ch. I (4–1–23 Edition)

293.6 Who can submit a compact or amendment?
293.7 When should the Indian tribe or State
submit a compact or amendment for review and approval?
293.8 What documents must be submitted
with a compact or amendment?
293.9 Where should a compact or amendment be submitted for review and approval?
293.10 How long will the Secretary take to
review a compact or amendment?
293.11 When will the 45-day timeline begin?
293.12 What happens if the Secretary does
not act on the compact or amendment
within the 45-day review period?
293.13 Who can withdraw a compact or
amendment after it has been received by
the Secretary?
293.14 When may the Secretary disapprove a
compact or amendment?
293.15 When does an approved or consideredto-have-been-approved
compact
or
amendment take effect?
293.16 How does the Paperwork Reduction
Act affect this part?
AUTHORITY: 5 U.S.C. 301; 25 U.S.C. 2, 9, 2710.
SOURCE: 73 FR 74009, Dec. 5, 2008, unless
otherwise noted.

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§ 293.1 What is the purpose of this
part?
This part contains procedures that:
(a) Indian tribes and States must use
when submitting Tribal-State compacts and compact amendments to the
Department of the Interior; and
(b) The Secretary will use for reviewing such Tribal-State compacts or
compact amendments.
§ 293.2 How are key terms defined in
this part?
(a) For purposes of this part, all
terms have the same meaning as set
forth in the definitional section of the
Indian Gaming Regulatory Act of 1988,
25 U.S.C. 2703 and any amendments
thereto.
(b) As used in this part:
(1) Amendment means an amendment
to a class III Tribal-State gaming compact.
(2) Compact or Tribal-State Gaming
Compact means an intergovernmental
agreement executed between Tribal
and State governments under the Indian Gaming Regulatory Act that establishes between the parties the terms
and conditions for the operation and
regulation of the tribe’s Class III gaming activities.

(3) Extensions means changes to the
timeframe of the compacts or amendments.
§ 293.3 What authority does the Secretary have to approve or disapprove compacts and amendments?
The Secretary has the authority to
approve compacts or amendments ‘‘entered into’’ by an Indian tribe and a
State, as evidenced by the appropriate
signature of both parties. See § 293.14
for the Secretary’s authority to disapprove compacts or amendments.
§ 293.4 Are compacts and amendments
subject to review and approval?
(a) Compacts are subject to review
and approval by the Secretary.
(b) All amendments, regardless of
whether they are substantive amendments or technical amendments, are
subject to review and approval by the
Secretary.
§ 293.5 Are extensions to compacts
subject to review and approval?
No. Approval of an extension is not
required if the extension of the compact does not include any amendment
to the terms of the compact. However,
the tribe must submit the extension
executed by both the tribe and the
State along with the documents required under paragraphs (b) and (c) of
§ 293.8.
§ 293.6 Who can submit a compact or
amendment?
Either party (Indian tribe or State)
to a compact or amendment can submit the compact or amendment to the
Secretary for review and approval.
§ 293.7 When should the Indian Tribe
or State submit a compact or
amendment for review and approval?
The Indian tribe or State should submit the compact or amendment after it
has been legally entered into by both
parties.
§ 293.8 What documents must be submitted with a compact or amendment?
Documentation submitted with a
compact or amendment must include:

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Bureau of Indian Affairs, Interior

§ 293.16

(a) At least one original compact or
amendment executed by both the tribe
and the State;
(b) A tribal resolution or other document, including the date and place of
adoption and the result of any vote
taken, that certifies that the tribe has
approved the compact or amendment in
accordance with applicable tribal law;
(c) Certification from the Governor
or other representative of the State
that he or she is authorized under
State law to enter into the compact or
amendment;
(d) Any other documentation requested by the Secretary that is necessary to determine whether to approve or disapprove the compact or
amendment.

pact or amendment within the 45-day
review period, the compact or amendment is considered to have been approved, but only to the extent it complies with the provisions of the Indian
Gaming Regulatory Act.

§ 293.9 Where should a compact or
amendment be submitted for review
and approval?
Submit compacts and amendments to
the Director, Office of Indian Gaming,
U.S. Department of the Interior, 1849 C
Street NW, Mail Stop 3543, Main Interior Building, Washington, DC 20240. If
this address changes, a notice with the
new address will be published in the
FEDERAL REGISTER within 5 business
days.

The Secretary may disapprove a compact or amendment only if it violates:
(a) Any provision of the Indian Gaming Regulatory Act;
(b) Any other provision of Federal
law that does not relate to jurisdiction
over gaming on Indian lands; or
(c) The trust obligations of the
United States to Indians.

[85 FR 37748, June 24, 2020]

§ 293.10 How long will the Secretary
take to review a compact or amendment?
(a) The Secretary must approve or
disapprove a compact or amendment
within 45 calendar days after receiving
the compact or amendment.
(b) The Secretary will notify the Indian tribe and the State in writing of
the decision to approve or disapprove a
compact or amendment.

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§ 293.11 When will the 45-day timeline
begin?
The 45-day timeline will begin when a
compact or amendment is received and
date stamped in the Office of Indian
Gaming at the address listed in § 293.9.
§ 293.12 What happens if the Secretary
does not act on the compact or
amendment within the 45-day review period?
If the Secretary neither affirmatively approves nor disapproves a com-

§ 293.13 Who can withdraw a compact
or amendment after it has been received by the Secretary?
To withdraw a compact or amendment after it has been received by the
Secretary, the Indian tribe and State
must submit a written request to the
Director, Office of Indian Gaming at
the address listed in § 293.9.
§ 293.14 When may the Secretary disapprove a compact or amendment?

§ 293.15 When does an approved or
considered-to-have-been-approved
compact or amendment take effect?
(a) An approved or considered-tohave-been-approved compact or amendment takes effect on the date that notice of its approval is published in the
FEDERAL REGISTER.
(b) The notice of approval must be
published in the FEDERAL REGISTER
within 90 days from the date the compact or amendment is received by the
Office of Indian Gaming.
§ 293.16 How does the Paperwork Reduction Act affect this part?
The information collection requirements contained in this part have been
approved by the OMB under the Paperwork Reduction Act of 1995, 44 U.S.C.
3507(d), and assigned control number
1076–0172. A Federal agency may not
conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number.

PARTS 294–299 [RESERVED]

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