25 C.F.R. § 291.8

What must the Secretary do at the expiration of the 60-day comment period if the State has not submitted an alternative proposal?

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(a) Upon expiration of the 60-day comment period specified in § 291.7, if the State has not submitted an alternative proposal, the Secretary must review the Indian tribe's proposal to determine:

(1) Whether all requirements of § 291.4 are adequately addressed;

(2) Whether Class III gaming activities will be conducted on Indian lands over which the Indian tribe has jurisdiction;

(3) Whether contemplated gaming activities are permitted in the State for any purposes by any person, organization, or entity;

(4) Whether the proposal is consistent with relevant provisions of the laws of the State;

(5) Whether the proposal is consistent with the trust obligations of the United States to the Indian tribe;

(6) Whether the proposal is consistent with all applicable provisions of IGRA; and

(7) Whether the proposal is consistent with provisions of other applicable Federal laws.

(b) Within 60 days of the expiration of the 60-day comment period in § 291.7, the Secretary must notify the Indian tribe, the Governor, and the Attorney General of the State in writing that he/she has:

(1) Approved the proposal if the Secretary determines that there are no objections to the Indian tribe's proposal; or

(2) Identified unresolved issues and areas of disagreements in the proposal, and invite the Indian tribe, the Governor and the Attorney General to participate in an informal conference, within 30 days of notification unless the parties agree otherwise, to resolve identified unresolved issues and areas of disagreement.

(c) Within 30 days of the informal conference, the Secretary must prepare and mail to the Indian tribe, the Governor and the Attorney General:

(1) A written report that summarizes the results of the informal conference; and

(2) A final decision either setting forth the Secretary's proposed Class III gaming procedures for the Indian tribe, or disapproving the proposal for any of the reasons in paragraph (a) of this section.

Notes of Decisions

Cited in 5 cases, 2007–2017 · leading case: Texas v. United States, 497 F.3d 491 (5th Cir. 2007).

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Texas v. United States, 497 F.3d 491 (5th Cir. 2007). · cites it 5× “" 25 C.F.R. § 291.8 . The Secretary must then make a "final decision either setting forth the Secretary's proposed Class III gaming procedures *495 for the Indian tribe, or disapproving the proposal.”

New Mexico v. Dep't of the Interior, 854 F.3d 1207 (10th Cir. 2017). “See 25 C.F.R. § 291.8 . On the other hand, if the state submits an alternative proposal within the sixty-day period, the Secretary must appoint a mediator to “convene a process to resolve differences between the two proposals.”

State v. Dep't of the Interior, 126 F. Supp. 3d 1201 (D.N.M. 2014). · cites it 2× “25 C.F.R. § 291.8 (1999). At this point, the Department may approve or disapprove of the tribe’s proposal, and that is the end of the matter.”

New Mexico v. Dep't of the Interior, 269 F. Supp. 3d 1145 (D.N.M. 2014). · cites it 2× “25 C.F.R. § 291.8 (1999). At this point, the Department may approve or disapprove of the Tribe’s proposal.”

State of Texas v. USA (5th Cir. 2007). · cites it 2× “” 25 C.F.R. § 291.8 . The Secretary must then make a “final decision either setting forth the Secretary’s proposed Class III gaming procedures for the Indian tribe, or disapproving the proposal.”

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