25 C.F.R. § 291.10
What is the role of the mediator appointed by the Secretary?
(a) The mediator must ask the Indian tribe and the State to submit their last best proposal for Class III gaming procedures.
(b) After giving the Indian tribe and the State an opportunity to be heard and present information supporting their respective positions, the mediator must select from the two proposals the one that best comports with the terms of IGRA and any other applicable Federal law. The mediator must submit the proposal selected to the Indian tribe, the State, and the Secretary.
Notes of Decisions
Cited in 3
cases, 2014–2017 · leading case: New Mexico v. Dep't of the Interior, 854 F.3d 1207 (10th Cir. 2017).
New Mexico v. Dep't of the Interior, 854 F.3d 1207 (10th Cir. 2017). “” 25 C.F.R. § 291.10 (b). Following the mediator’s decision, the Secretary must either approve the chosen proposal, and issue Secretarial Procedures, or disapprove it for one of the seven reasons listed in Section 291.”
State v. Dep't of the Interior, 126 F. Supp. 3d 1201 (D.N.M. 2014). “” 25 C.F.R. § 291.10 (1999). After the mediator selects a proposal, the Department has 60 days to either approve or disapprove of the selected proposal.”
New Mexico v. Dep't of the Interior, 269 F. Supp. 3d 1145 (D.N.M. 2014). “” 25 C.F.R. § 291.10 (1999). *1152 After the mediator selects a proposal, the Secretary has 60 days to either approve or disapprove of the selected proposal.”
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