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 Chairman determines that an ordi- nance 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 ordi- nance or resolution submitted under subsection (a) does not conform to the requirements of sec- tion 2710(b) of this title, the Chairman shall pro- vide written notification of necessary modifica- tions 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 con- tract (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 re- quirements and process of section 2711 of this title. (2) If the Chairman determines that a manage- ment contract submitted under subsection (a), and the management contractor under such con- tract, meet the requirements of section 2711 of this title, the Chairman shall approve the man- agement contract. (3) If the Chairman determines that a contract submitted under subsection (a), or the manage- ment contractor under a contract submitted under subsection (a), does not meet the require- ments 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 con- tract has been approved by the Secretary prior to October 17, 1988, the parties shall have not more than 180 days after notification of nec- essary modifications to come into compliance. (Pub. L. 100–497, § 13, Oct. 17, 1988, 102 Stat. 2481.) 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 Regu- latory Act, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables. § 2713. Civil penalties (a) Authority; amount; appeal; written complaint (1) Subject to such regulations as may be pre- scribed by the Commission, the Chairman shall have authority to levy and collect appropriate civil fines, not to exceed $25,000 per violation, against the tribal operator of an Indian game or a management contractor engaged in gaming for any violation of any provision of this chapter, any regulation prescribed by the Commission pursuant to this chapter, or tribal regulations, ordinances, or resolutions approved under sec- tion 2710 or 2712 of this title. (2) The Commission shall, by regulation, pro- vide an opportunity for an appeal and hearing before the Commission on fines levied and col- lected by the Chairman. (3) Whenever the Commission has reason to be- lieve that the tribal operator of an Indian game or a management contractor is engaged in ac- tivities regulated by this chapter, by regula- tions prescribed under this chapter, or by tribal regulations, ordinances, or resolutions, approved under section 2710 or 2712 of this title, that may result in the imposition of a fine under sub- section (a)(1), the permanent closure of such game, or the modification or termination of any management contract, the Commission shall provide such tribal operator or management contractor with a written complaint stating the acts or omissions which form the basis for such belief and the action or choice of action being considered by the Commission. The allegation shall be set forth in common and concise lan- guage and must specify the statutory or regu- latory provisions alleged to have been violated, but may not consist merely of allegations stated in statutory or regulatory language. (b) Temporary closure; hearing (1) The Chairman shall have power to order temporary closure of an Indian game for sub- stantial violation of the provisions of this chap- ter, of regulations prescribed by the Commission pursuant to this chapter, or of tribal regula-