25 C.F.R. § 291.6
What must the Secretary do upon receiving a proposal?
Upon receipt of a proposal requesting Class III gaming procedures, the Secretary must:
(a) Within 15 days, notify the Indian tribe in writing that the proposal has been received, and whether any information required under § 291.4 is missing;
(b) Within 30 days of receiving a complete proposal, notify the Indian tribe in writing whether the Indian tribe meets the eligibility requirements in § 291.3. The Secretary's eligibility determination is final for the Department.
Notes of Decisions
Cited in 5
cases, 2007–2017 · 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. § 291.6 . If the tribe meets those requirements, which are not directly at issue here, then the Secretary is required to submit the tribe’s proposed procedures to the state, which then has sixty days to comment on the proposal.”
Texas v. United States, 497 F.3d 491 (5th Cir. 2007). “See 25 C.F.R. § 291.6 (b). On May 24, 2007, the Secretary issued a preliminary "scope-of-gaming decision" in response to the tribe's proposal.”
State v. Dep't of the Interior, 126 F. Supp. 3d 1201 (D.N.M. 2014). “” 25 C.F.R. § 291.6 (b) (1999). *1209 A short summary of the Secretarial Procedures process is necessary.”
New Mexico v. Dep't of the Interior, 269 F. Supp. 3d 1145 (D.N.M. 2014). “25 C.F.R. § 291.6 (1999). Once this eligibility determination is made, the Department solicits comments from the State.”
State of Texas v. USA (5th Cir. 2007). “According to the Secretary, [t]he Tribe should be authorized to engage in the following gaming activities under Class III procedures pursuant to 25 U.”
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