C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER N—ECONOMIC ENTERPRISES › PART 291—CLASS III GAMING PROCEDURES

25 C.F.R. § 291.9

What must the Secretary do at the end of the 60-day comment period if the State offers an alternative proposal for Class III gaming procedures?

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Within 30 days of receiving the State's alternative proposal, the Secretary must appoint a mediator who:

(a) Has no official, financial, or personal conflict of interest with respect to the issues in controversy; and

(b) Must convene a process to resolve differences between the two proposals.

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 6× “25 C.F.R. §§ 291.9 , 291.10. While, under the Procedures, the Secretary may reject the mediator's proposal, he " must prescribe appropriate procedures within 60 days under which Class III gaming may take place.”
New Mexico v. Dep't of the Interior, 854 F.3d 1207 (10th Cir. 2017). “” 25 C.F.R. § 291.9 (b). The mediator is charged with “selecting] from the two proposals the one that best comports with the terms of IGRA and any other applicable Federal law.”
New Mexico v. Dep't of the Interior, 269 F. Supp. 3d 1145 (D.N.M. 2014). · cites it 2× “” 25 C.F.R. § 291.9 (1999). After hearing evidence and argument from both sides, the mediator selects the proposal that “best comports with the terms of IGRA and any other applicable Federal law.”
State v. Dep't of the Interior, 126 F. Supp. 3d 1201 (D.N.M. 2014). “” 25 C.F.R. § 291.9 (1999). After hearing evidence and argument from both sides, the mediator selects the proposal that “best comports with the terms of IGRA and any other applicable Federal law.”
State of Texas v. USA (5th Cir. 2007). · cites it 3× “25 C.F.R. §§ 291.9 , 291.10. While, under the Procedures, the Secretary may reject the mediator’s proposal, he “must prescribe appropriate procedures within 60 days under which Class III gaming may take place.”
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