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25 U.S.C. § 2712 — Review of existing ordinances and contracts

Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2712 — Review of existing ordinances and contracts

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Stable record: federal_law:legal_authorities:record_usc_d9a02bea5859ae8942629a16
Source file: Laws/federal/codes/united-states-code/title-25/section-2712-review-of-existing-ordinances-and-contracts--3080b64f2f.md
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Source location: Title 25, Chapter 29, § 2712; chapter-029-indian-gaming-regulation.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2710/b&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2710/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2710/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2711&num=0&edition=prelim). (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2711&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2711&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2711 — Management contracts

**(a) Class II gaming activity; information on operators** (1) Subject to the approval of the Chairman, an Indian tribe may enter into a management contract for the operation and management of a class II gaming activity that the Indian tribe may engage in under [section 2710(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section2710/b/1&num=0&edition=prelim), but, before approving such contract, the Chairman shall require and obtain the following information: (A) the name, address, and other additional pertinent background information on each person or entity (including individuals comprising such entity) having a direct financial interest in, or management responsibility for, such contract, and, in the case of a corporation, those individuals who serve on the board of directors of such corporation and each of its stockholders who hold (directly or indirectly) 10 percent or more of its issued and outstanding stock; (B) a description of any previous experience that each person listed pursuant to subparagraph (A) has had with other gaming contracts with Indian tribes or with the gaming industry generally, including specifically the name and address of any licensing or regulatory agency with which such person has had a contract relating to gaming; and (C) a complete financial statement of each person listed pursuant to subparagraph (A). (2) Any person listed pursuant to paragraph (1)(A) shall be required to respond to such written or oral questions that the Chairman may propound in accordance with his responsibilities under this section. (3) For purposes of this chapter, any reference to the management contract described in paragraph (1) shall be considered to include all collateral agreements to such contract that rel

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2701 — Findings

The Congress finds that— (1) numerous Indian tribes have become engaged in or have licensed gaming activities on Indian lands as a means of generating tribal governmental revenue; (2) Federal courts have held that [section 81 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section81&num=0&edition=prelim) requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts; (3) existing Federal law does not provide clear standards or regulations for the conduct of gaming on Indian lands; (4) a principal goal of Federal Indian policy is to promote tribal economic development, tribal self-sufficiency, and strong tribal government; and (5) Indian tribes have the exclusive right to regulate gaming activity on Indian lands if the gaming activity is not specifically prohibited by Federal law and is conducted within a State which does not, as a matter of criminal law and public policy, prohibit such gaming activity.

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2710 — Tribal gaming ordinances

**(a) Jurisdiction over class I and class II gaming activity** (1) Class I gaming on Indian lands is within the exclusive jurisdiction of the Indian tribes and shall not be subject to the provisions of this chapter. (2) Any class II gaming on Indian lands shall continue to be within the jurisdiction of the Indian tribes, but shall be subject to the provisions of this chapter. **(b) Regulation of class II gaming activity; net revenue allocation; audits; contracts** (1) An Indian tribe may engage in, or license and regulate, class II gaming on Indian lands within such tribe’s jurisdiction, if— (A) such Indian gaming is located within a State that permits such gaming for any purpose by any person, organization or entity (and such gaming is not otherwise specifically prohibited on Indian lands by Federal law), and (B) the governing body of the Indian tribe adopts an ordinance or resolution which is approved by the Chairman. A separate license issued by the Indian tribe shall be required for each place, facility, or location on Indian lands at which class II gaming is conducted. (2) The Chairman shall approve any tribal ordinance or resolution concerning the conduct, or regulation of class II gaming on the Indian lands within the tribe’s jurisdiction if such ordinance or resolution provides that— (A) except as provided in paragraph (4), the Indian tribe will have the sole proprietary interest and responsibility for the conduct of any gaming activity; (B) net revenues from any tribal gaming are not to be used for purposes other than— (i) to fund tribal government operations or programs; (ii) to provide for the general welfare of the Indian tribe and its members; (iii) to promote tribal economic development; (iv) to donate to charitable o

Source: Supplied U.S. Code snapshot — release unconfirmed · 25 U.S.C. § 2710

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Federal law — U.S. Code and appendices · legal_authorities

25 U.S.C. § 2712 — Review of existing ordinances and con-

Page 507 TITLE 25—INDIANS § 2713 vestigation necessary to reach a determination required in subsection (e) of this section. (Pub. L. 100–497, § 12, Oct. 17, 1988, 102 Stat. 2479.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(3), (e)(1)(C), (3), (g), and (h), 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 con- tracts (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 ordi- nance or resolution authorizing class II gaming or class III gaming or entered into a manage- ment contract, that such ordinance, resolution, or contract, including all collateral agreements relating to the gaming activity, must be sub- mitted for his review within 60 days of such no- tification. Any activity conducted under such ordinance, resolution, contract, or agreement shall be valid under this chapter, or any amend- ment made by this chapter, unless disapproved under this section. (b) Approval or modification of ordinance or res- olution (1) By no later than the date that is 90 days after the date on which an ordinance or resolu- tion 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 Ch

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