25 Cfr 292 - Gaming On Trust Lands Acquired After October 17, 1988

Bureau of Indian Affairs, Interior

Pt. 292

§ 291.12 Who will monitor and enforce
tribal compliance with the Class III
gaming procedures?
The Indian tribe and the State may
have an agreement regarding monitoring and enforcement of tribal compliance with the Indian tribe’s Class III
gaming procedures. In addition, under
existing law, the NIGC will monitor
and enforce tribal compliance with the
Indian tribe’s Class III gaming procedures.
§ 291.13 When do Class III gaming procedures for an Indian tribe become
effective?
Upon approval of Class III gaming
procedures for the Indian tribe under
either § 291.8(b), § 291.8(c), or § 291.11(a),
the Indian tribe shall have 90 days in
which to approve and execute the Secretarial procedures and forward its approval and execution to the Secretary,
who shall publish notice of their approval in the FEDERAL REGISTER. The
procedures take effect upon their publication in the FEDERAL REGISTER.
§ 291.14 How can Class III gaming procedures approved by the Secretary
be amended?
An Indian tribe may ask the Secretary to amend approved Class III
gaming procedures by submitting an
amendment proposal to the Secretary.
The Secretary must review the proposal by following the approval process
for initial tribal proposals, except that
the requirements of § 291.3 are not applicable and he/she may waive the requirements of § 291.4 to the extent they
do not apply to the amendment request.
§ 291.15 How long do Class III gaming
procedures remain in effect?
Class III gaming procedures remain
in effect for the duration specified in
the procedures or until amended pursuant to § 291.14.

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PART 292—GAMING ON TRUST
LANDS ACQUIRED AFTER OCTOBER 17, 1988

Sec.
292.1

292.2 How are key terms defined in this
part?

Subpart B—Exceptions to Prohibition on
Gaming on Newly Acquired Lands
292.3 How does a tribe seek an opinion on
whether its newly acquired lands meet,
or will meet, one of the exceptions in
this subpart?
292.4 What criteria must newly acquired
lands meet under the exceptions regarding tribes with and without a reservation?
SETTLEMENT OF A LAND CLAIM’’ EXCEPTION
292.5 When can gaming occur on newly acquired lands under a settlement of a land
claim?
‘‘INITIAL RESERVATION’’ EXCEPTION
292.6 What must be demonstrated to meet
the ‘‘initial reservation’’ exception?
RESTORED LANDS’’ EXCEPTION
292.7 What must be demonstrated to meet
the ‘‘restored lands’’ exception?
292.8 How does a tribe qualify as having
been federally recognized?
292.9 How does a tribe show that it lost its
government-to-government relationship?
292.10 How does a tribe qualify as having
been restored to Federal recognition?
292.11 What are ‘‘restored lands’’?
292.12 How does a tribe establish its connection to newly acquired lands for the purposes of the ‘‘restored lands’’ exception?

Subpart C—Secretarial Determination and
Governor’s Concurrence
292.13 When can a tribe conduct gaming activities on newly acquired lands that do
not qualify under one of the exceptions
in subpart B of this part?
292.14 Where must a tribe file an application
for a Secretarial Determination?
292.15 May a tribe apply for a Secretarial
Determination for lands not yet held in
trust?
APPLICATION CONTENTS
292.16 What must an application for a Secretarial Determination contain?
292.17 How must an application describe the
benefits and impacts of a proposed gaming establishment to the tribe and its
members?
292.18 What information must an application contain on detrimental impacts to
the surrounding community?

Subpart A—General Provisions

CONSULTATION

What is the purpose of this part?

292.19 How will the Regional Director conduct the consultation process?

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§ 292.1

25 CFR Ch. I (4–1–23 Edition)

292.20 What information must the consultation letter include?
EVALUATION AND CONCURRENCE
292.21 How will the Secretary evaluate a
proposed gaming establishment?
292.22 How does the Secretary request the
Governor’s concurrence?
292.23 What happens if the Governor does
not affirmatively concur with the Secretarial Determination?
292.24 Can the public review the Secretarial
Determination?
INFORMATION COLLECTION
292.25 Do information collections in this
part have Office of Management and
Budget approval?

Subpart D—Effect of Regulations
292.26 What effect do these regulations have
on pending applications, final agency decisions and opinions already issued?
AUTHORITY: 5 U.S.C. 301, 25 U.S.C. 2, 9, 2719,
43 U.S.C. 1457.
SOURCE: 73 FR 29375, May 20, 2008, unless
otherwise noted.

Subpart A—General Provisions

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§ 292.1 What is the purpose of this
part?
The Indian Gaming Regulatory Act
of 1988 (IGRA) contains several exceptions under which class II or class III
gaming may occur on lands acquired by
the United States in trust for an Indian
tribe after October 17, 1988, if other applicable requirements of IGRA are met.
This part contains procedures that the
Department of the Interior will use to
determine whether these exceptions
apply.
§ 292.2 How are key terms defined in
this part?
For purposes of this part, all terms
have the same meaning as set forth in
the definitional section of IGRA, 25
U.S.C. 2703. In addition, the following
terms have the meanings given in this
section.
Appropriate State and local officials
means the Governor of the State and
local government officials within a 25mile radius of the proposed gaming establishment.
BIA means Bureau of Indian Affairs.
Contiguous means two parcels of land
having a common boundary notwith-

standing the existence of non-navigable waters or a public road or rightof-way and includes parcels that touch
at a point.
Former reservation means lands in
Oklahoma that are within the exterior
boundaries of the last reservation that
was established by treaty, Executive
Order, or Secretarial Order for an Oklahoma tribe.
IGRA means the Indian Gaming Regulatory Act of 1988, as amended and
codified at 25 U.S.C. 2701–2721.
Indian tribe or tribe means any Indian
tribe, band, nation, or other organized
group or community of Indians that is
recognized by the Secretary as having
a government-to-government relationship with the United States and is eligible for the special programs and services provided by the United States to
Indians because of their status as Indians, as evidenced by inclusion of the
tribe on the list of recognized tribes
published by the Secretary under 25
U.S.C. 479a–1.
Land claim means any claim by a
tribe concerning the impairment of
title or other real property interest or
loss of possession that:
(1) Arises under the United States
Constitution, Federal common law,
Federal statute or treaty;
(2) Is in conflict with the right, or
title or other real property interest
claimed by an individual or entity (private, public, or governmental); and
(3) Either accrued on or before October 17, 1988, or involves lands held in
trust or restricted fee for the tribe
prior to October 17, 1988.
Legislative termination means Federal
legislation that specifically terminates
or prohibits the government-to-government relationship with an Indian tribe
or that otherwise specifically denies
the tribe, or its members, access to or
eligibility for government services.
Nearby Indian tribe means an Indian
tribe with tribal Indian lands located
within a 25-mile radius of the location
of the proposed gaming establishment,
or, if the tribe has no trust lands, within a 25-mile radius of its government
headquarters.
Newly acquired lands means land that
has been taken, or will be taken, in
trust for the benefit of an Indian tribe

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Bureau of Indian Affairs, Interior

§ 292.4

by the United States after October 17,
1988.
Office of Indian Gaming means the office within the Office of the Assistant
Secretary-Indian Affairs, within the
Department of the Interior.
Regional Director means the official in
charge of the BIA Regional Office responsible for BIA activities within the
geographical area where the proposed
gaming establishment is to be located.
Reservation means:
(1) Land set aside by the United
States by final ratified treaty, agreement, Executive Order, Proclamation,
Secretarial Order or Federal statute
for the tribe, notwithstanding the
issuance of any patent;
(2) Land of Indian colonies and
rancherias (including rancherias restored by judicial action) set aside by
the United States for the permanent
settlement of the Indians as its homeland;
(3) Land acquired by the United
States to reorganize adult Indians pursuant to statute; or
(4) Land acquired by a tribe through
a grant from a sovereign, including
pueblo lands, which is subject to a Federal restriction against alienation.
Secretarial Determination means a
two-part determination that a gaming
establishment on newly acquired lands:
(1) Would be in the best interest of
the Indian tribe and its members; and
(2) Would not be detrimental to the
surrounding community.
Secretary means the Secretary of the
Interior or authorized representative.
Significant historical connection means
the land is located within the boundaries of the tribe’s last reservation
under a ratified or unratified treaty, or
a tribe can demonstrate by historical
documentation the existence of the
tribe’s villages, burial grounds, occupancy or subsistence use in the vicinity
of the land.
Surrounding community means local
governments and nearby Indian tribes
located within a 25-mile radius of the
site of the proposed gaming establishment. A local government or nearby
Indian tribe located beyond the 25-mile
radius may petition for consultation if
it can establish that its governmental
functions, infrastructure or services
will be directly, immediately and sig-

nificantly impacted by the proposed
gaming establishment.

Subpart B—Exceptions to Prohibitions on Gaming on Newly
Acquired Lands
§ 292.3 How does a tribe seek an opinion on whether its newly acquired
lands meet, or will meet, one of the
exceptions in this subpart?
(a) If the newly acquired lands are already in trust and the request does not
concern whether a specific area of land
is a ‘‘reservation,’’ the tribe may submit a request for an opinion to either
the National Indian Gaming Commission or the Office of Indian Gaming.
(b) If the tribe seeks to game on
newly acquired lands that require a
land-into-trust application or the request concerns whether a specific area
of land is a ‘‘reservation,’’ the tribe
must submit a request for an opinion
to the Office of Indian Gaming.
§ 292.4 What criteria must newly acquired lands meet under the exceptions regarding tribes with and
without a reservation?
For gaming to be allowed on newly
acquired lands under the exceptions in
25 U.S.C. 2719(a) of IGRA, the land must
meet the location requirements in either paragraph (a) or paragraph (b) of
this section.
(a) If the tribe had a reservation on
October 17, 1988, the lands must be located within or contiguous to the
boundaries of the reservation.
(b) If the tribe had no reservation on
October 17, 1988, the lands must be either:
(1) Located in Oklahoma and within
the boundaries of the tribe’s former
reservation or contiguous to other land
held in trust or restricted status for
the tribe in Oklahoma; or
(2) Located in a State other than
Oklahoma and within the tribe’s last
recognized reservation within the
State or States within which the tribe
is presently located, as evidenced by
the tribe’s governmental presence and
tribal population.

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§ 292.5

25 CFR Ch. I (4–1–23 Edition)

‘‘SETTLEMENT OF A LAND CLAIM’’
EXCEPTION
§ 292.5 When can gaming occur on
newly acquired lands under a settlement of a land claim?
This section contains criteria for
meeting the requirements of 25 U.S.C.
2719(b)(1)(B)(i), known as the ‘‘settlement of a land claim’’ exception. Gaming may occur on newly acquired lands
if the land at issue is either:
(a) Acquired under a settlement of a
land claim that resolves or extinguishes with finality the tribe’s land
claim in whole or in part, thereby resulting in the alienation or loss of possession of some or all of the lands
claimed by the tribe, in legislation enacted by Congress; or
(b) Acquired under a settlement of a
land claim that:
(1) Is executed by the parties, which
includes the United States, returns to
the tribe all or part of the land claimed
by the tribe, and resolves or extinguishes with finality the claims regarding the returned land; or
(2) Is not executed by the United
States, but is entered as a final order
by a court of competent jurisdiction or
is an enforceable agreement that in either case predates October 17, 1988 and
resolves or extinguishes with finality
the land claim at issue.
‘‘INITIAL RESERVATION’’ EXCEPTION

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§ 292.6 What must be demonstrated to
meet the ‘‘initial reservation’’ exception?
This section contains criteria for
meeting the requirements of 25 U.S.C.
2719(b)(1)(B)(ii), known as the ‘‘initial
reservation’’ exception. Gaming may
occur on newly acquired lands under
this exception only when all of the following conditions in this section are
met:
(a) The tribe has been acknowledged
(federally recognized) through the administrative process under part 83 of
this chapter.
(b) The tribe has no gaming facility
on newly acquired lands under the restored land exception of these regulations.
(c) The land has been proclaimed to
be a reservation under 25 U.S.C. 467 and

is the first proclaimed reservation of
the tribe following acknowledgment.
(d) If a tribe does not have a proclaimed reservation on the effective
date of these regulations, to be proclaimed an initial reservation under
this exception, the tribe must demonstrate the land is located within the
State or States where the Indian tribe
is now located, as evidenced by the
tribe’s governmental presence and tribal population, and within an area
where the tribe has significant historical connections and one or more of the
following modern connections to the
land:
(1) The land is near where a significant number of tribal members reside;
or
(2) The land is within a 25-mile radius
of the tribe’s headquarters or other
tribal governmental facilities that
have existed at that location for at
least 2 years at the time of the application for land-into-trust; or
(3) The tribe can demonstrate other
factors that establish the tribe’s current connection to the land.
‘‘RESTORED LANDS’’ EXCEPTION
§ 292.7 What must be demonstrated to
meet the ‘‘restored lands’’ exception?
This section contains criteria for
meeting the requirements of 25 U.S.C.
2719(b)(1)(B)(iii), known as the ‘‘restored lands’’ exception. Gaming may
occur on newly acquired lands under
this exception only when all of the following conditions in this section are
met:
(a) The tribe at one time was federally recognized, as evidenced by its
meeting the criteria in § 292.8;
(b) The tribe at some later time lost
its government-to-government relationship by one of the means specified
in § 292.9;
(c) At a time after the tribe lost its
government-to-government
relationship, the tribe was restored to Federal
recognition by one of the means specified in § 292.10; and
(d) The newly acquired lands meet
the criteria of ‘‘restored lands’’ in
§ 292.11.

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Bureau of Indian Affairs, Interior

§ 292.12

§ 292.8 How does a tribe qualify as
having been federally recognized?
For a tribe to qualify as having been
at one time federally recognized for
purposes of § 292.7, one of the following
must be true:
(a) The United States at one time entered into treaty negotiations with the
tribe;
(b) The Department determined that
the tribe could organize under the Indian Reorganization Act or the Oklahoma Indian Welfare Act;
(c) Congress enacted legislation specific to, or naming, the tribe indicating
that a government-to-government relationship existed;
(d) The United States at one time acquired land for the tribe’s benefit; or
(e) Some other evidence demonstrates the existence of a government-to-government relationship between the tribe and the United States.

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§ 292.9 How does a tribe show that it
lost its government-to-government
relationship?
For a tribe to qualify as having lost
its government-to-government relationship for purposes of § 292.7, it must
show that its government-to-government relationship was terminated by
one of the following means:
(a) Legislative termination;
(b) Consistent historical written documentation from the Federal Government effectively stating that it no
longer recognized a government-togovernment relationship with the tribe
or its members or taking action to end
the government-to-government relationship; or
(c) Congressional restoration legislation that recognizes the existence of
the previous government-to-government relationship.
§ 292.10 How does a tribe qualify as
having been restored to Federal
recognition?
For a tribe to qualify as having been
restored to Federal recognition for purposes of § 292.7, the tribe must show at
least one of the following:
(a) Congressional enactment of legislation recognizing, acknowledging, affirming, reaffirming, or restoring the
government-to-government
relationship between the United States and the

tribe (required for tribes terminated by
Congressional action);
(b) Recognition through the administrative Federal Acknowledgment Process under § 83.8 of this chapter; or
(c) A Federal court determination in
which the United States is a party or
court-approved settlement agreement
entered into by the United States.
§ 292.11

What are ‘‘restored lands’’?

For newly acquired lands to qualify
as ’’restored lands’’ for purposes of
§ 292.7, the tribe acquiring the lands
must meet the requirements of paragraph (a), (b), or (c) of this section.
(a) If the tribe was restored by a Congressional enactment of legislation
recognizing, acknowledging, affirming,
reaffirming, or restoring the government-to-government relationship between the United States and the tribe,
the tribe must show that either:
(1) The legislation requires or authorizes the Secretary to take land into
trust for the benefit of the tribe within
a specific geographic area and the
lands are within the specific geographic area; or
(2) If the legislation does not provide
a specific geographic area for the restoration of lands, the tribe must meet
the requirements of § 292.12.
(b) If the tribe is acknowledged under
§ 83.8 of this chapter, it must show that
it:
(1) Meets the requirements of § 292.12;
and
(2) Does not already have an initial
reservation proclaimed after October
17, 1988.
(c) If the tribe was restored by a Federal court determination in which the
United States is a party or by a courtapproved settlement agreement entered into by the United States, it
must meet the requirements of § 292.12.
§ 292.12 How does a tribe establish
connections to newly acquired
lands for the purposes of the ‘‘restored lands’’ exception?
To establish a connection to the
newly acquired lands for purposes of
§ 292.11, the tribe must meet the criteria in this section.
(a) The newly acquired lands must be
located within the State or States

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§ 292.13

25 CFR Ch. I (4–1–23 Edition)

where the tribe is now located, as evidenced by the tribe’s governmental
presence and tribal population, and the
tribe must demonstrate one or more of
the following modern connections to
the land:
(1) The land is within reasonable
commuting distance of the tribe’s existing reservation;
(2) If the tribe has no reservation, the
land is near where a significant number
of tribal members reside;
(3) The land is within a 25-mile radius
of the tribe’s headquarters or other
tribal governmental facilities that
have existed at that location for at
least 2 years at the time of the application for land-into-trust; or
(4) Other factors demonstrate the
tribe’s current connection to the land.
(b) The tribe must demonstrate a significant historical connection to the
land.
(c) The tribe must demonstrate a
temporal connection between the date
of the acquisition of the land and the
date of the tribe’s restoration. To demonstrate this connection, the tribe
must be able to show that either:
(1) The land is included in the tribe’s
first request for newly acquired lands
since the tribe was restored to Federal
recognition; or
(2) The tribe submitted an application to take the land into trust within
25 years after the tribe was restored to
Federal recognition and the tribe is not
gaming on other lands.

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Subpart C—Secretarial Determination and Governor’s Concurrence
§ 292.13 When can a tribe conduct
gaming activities on newly acquired lands that do not qualify
under one of the exceptions in subpart B of this part?
A tribe may conduct gaming on
newly acquired lands that do not meet
the criteria in subpart B of this part
only after all of the following occur:
(a) The tribe asks the Secretary in
writing to make a Secretarial Determination that a gaming establishment
on land subject to this part is in the
best interest of the tribe and its members and not detrimental to the surrounding community;

(b) The Secretary consults with the
tribe and appropriate State and local
officials, including officials of other
nearby Indian tribes;
(c) The Secretary makes a determination that a gaming establishment
on newly acquired lands would be in
the best interest of the tribe and its
members and would not be detrimental
to the surrounding community; and
(d) The Governor of the State in
which the gaming establishment is located concurs in the Secretary’s Determination (25 U.S.C. 2719(b)(1)(A)).
§ 292.14 Where must a tribe file an application for a Secretarial Determination?
A tribe must file its application for a
Secretarial Determination with the Regional Director of the BIA Regional Office having responsibility over the land
where the gaming establishment is to
be located.
§ 292.15 May a tribe apply for a Secretarial Determination for lands not
yet held in trust?
Yes. A tribe can apply for a Secretarial Determination under § 292.13 for
land not yet held in trust at the same
time that it applies under part 151 of
this chapter to have the land taken
into trust.
APPLICATION CONTENTS
§ 292.16 What must an application for
a Secretarial Determination contain?
A tribe’s application requesting a
Secretarial
Determination
under
§ 292.13 must include the following information:
(a) The full name, address, and telephone number of the tribe submitting
the application;
(b) A description of the location of
the land, including a legal description
supported by a survey or other document;
(c) Proof of identity of present ownership and title status of the land;
(d) Distance of the land from the
tribe’s reservation or trust lands, if
any, and tribal government headquarters;
(e) Information required by § 292.17 to
assist the Secretary in determining

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Bureau of Indian Affairs, Interior

§ 292.18

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whether the proposed gaming establishment will be in the best interest of
the tribe and its members;
(f) Information required by § 292.18 to
assist the Secretary in determining
whether the proposed gaming establishment will not be detrimental to the
surrounding community;
(g) The authorizing resolution from
the tribe submitting the application;
(h) The tribe’s gaming ordinance or
resolution approved by the National Indian Gaming Commission in accordance with 25 U.S.C. 2710, if any;
(i) The tribe’s organic documents, if
any;
(j) The tribe’s class III gaming compact with the State where the gaming
establishment is to be located, if one
has been negotiated;
(k) If the tribe has not negotiated a
class III gaming compact with the
State where the gaming establishment
is to be located, the tribe’s proposed
scope of gaming, including the size of
the proposed gaming establishment;
and
(l) A copy of the existing or proposed
management contract required to be
approved by the National Indian Gaming Commission under 25 U.S.C. 2711
and part 533 of this title, if any.
§ 292.17 How must an application describe the benefits and impacts of
the proposed gaming establishment
to the tribe and its members?
To satisfy the requirements of
§ 292.16(e), an application must contain:
(a) Projections of class II and class
III gaming income statements, balance
sheets, fixed assets accounting, and
cash flow statements for the gaming
entity and the tribe;
(b) Projected tribal employment, job
training, and career development;
(c) Projected benefits to the tribe and
its members from tourism;
(d) Projected benefits to the tribe and
its members from the proposed uses of
the increased tribal income;
(e) Projected benefits to the relationship between the tribe and non-Indian
communities;
(f) Possible adverse impacts on the
tribe and its members and plans for addressing those impacts;
(g) Distance of the land from the location where the tribe maintains core
governmental functions;

(h) Evidence that the tribe owns the
land in fee or holds an option to acquire the land at the sole discretion of
the tribe, or holds other contractual
rights to cause the lands to be transferred from a third party to the tribe
or directly to the United States;
(i) Evidence of significant historical
connections, if any, to the land; and
(j) Any other information that may
provide a basis for a Secretarial Determination that the gaming establishment would be in the best interest of
the tribe and its members, including
copies of any:
(1) Consulting agreements relating to
the proposed gaming establishment;
(2) Financial and loan agreements relating to the proposed gaming establishment; and
(3) Other agreements relative to the
purchase, acquisition, construction, or
financing of the proposed gaming establishment, or the acquisition of the
land where the gaming establishment
will be located.
§ 292.18 What information must an application contain on detrimental
impacts to the surrounding community?
To satisfy the requirements of
§ 292.16(f), an application must contain
the following information on detrimental impacts of the proposed gaming
establishment:
(a) Information regarding environmental impacts and plans for mitigating adverse impacts, including an
Environmental Assessment (EA), an
Environmental
Impact
Statement
(EIS), or other information required by
the National Environmental Policy Act
(NEPA);
(b) Anticipated impacts on the social
structure,
infrastructure,
services,
housing, community character, and
land use patterns of the surrounding
community;
(c) Anticipated impacts on the economic development, income, and employment of the surrounding community;
(d) Anticipated costs of impacts to
the surrounding community and identification of sources of revenue to mitigate them;
(e) Anticipated cost, if any, to the
surrounding community of treatment

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§ 292.19

25 CFR Ch. I (4–1–23 Edition)

programs for compulsive gambling attributable to the proposed gaming establishment;
(f) If a nearby Indian tribe has a significant historical connection to the
land, then the impact on that tribe’s
traditional cultural connection to the
land; and
(g) Any other information that may
provide a basis for a Secretarial Determination whether the proposed gaming
establishment would or would not be
detrimental to the surrounding community, including memoranda of understanding and inter-governmental
agreements with affected local governments.
CONSULTATION

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§ 292.19 How will the Regional Director conduct the consultation process?
(a) The Regional Director will send a
letter that meets the requirements in
§ 292.20 and that solicits comments
within a 60-day period from:
(1) Appropriate State and local officials; and
(2) Officials of nearby Indian tribes.
(b) Upon written request, the Regional Director may extend the 60-day
comment period for an additional 30
days.
(c) After the close of the consultation
period, the Regional Director must:
(1) Provide a copy of all comments
received during the consultation process to the applicant tribe; and
(2) Allow the tribe to address or resolve any issues raised in the comments.
(d) The applicant tribe must submit
written responses, if any, to the Regional Director within 60 days of receipt of the consultation comments.
(e) On written request from the applicant tribe, the Regional Director may
extend the 60-day comment period in
paragraph (d) of this section for an additional 30 days.
§ 292.20 What information must the
consultation letter include?
(a) The consultation letter required
by § 292.19(a) must:
(1) Describe or show the location of
the proposed gaming establishment;
(2) Provide information on the proposed scope of gaming; and

(3) Include other information that
may be relevant to a specific proposal,
such as the size of the proposed gaming
establishment, if known.
(b) The consultation letter must include a request to the recipients to
submit comments, if any, on the following areas within 60 days of receiving the letter:
(1) Information regarding environmental impacts on the surrounding
community and plans for mitigating
adverse impacts;
(2) Anticipated impacts on the social
structure,
infrastructure,
services,
housing, community character, and
land use patterns of the surrounding
community;
(3) Anticipated impact on the economic development, income, and employment of the surrounding community;
(4) Anticipated costs of impacts to
the surrounding community and identification of sources of revenue to mitigate them;
(5) Anticipated costs, if any, to the
surrounding community of treatment
programs for compulsive gambling attributable to the proposed gaming establishment; and
(6) Any other information that may
assist the Secretary in determining
whether the proposed gaming establishment would or would not be detrimental to the surrounding community.
EVALUATION AND CONCURRENCE
§ 292.21 How will the Secretary evaluate a proposed gaming establishment?
(a) The Secretary will consider all
the
information
submitted
under
§§ 292.16–292.19 in evaluating whether
the proposed gaming establishment is
in the best interest of the tribe and its
members and whether it would or
would not be detrimental to the surrounding community.
(b) If the Secretary makes an unfavorable Secretarial Determination, the
Secretary will inform the tribe that its
application has been disapproved, and
set forth the reasons for the disapproval.
(c) If the Secretary makes a favorable Secretarial Determination, the
Secretary will proceed under § 292.22.

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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?

sfrattini on LAPCK6H6L3 with DISTILLER

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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