C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER N—ECONOMIC ENTERPRISES › PART 292—GAMING ON TRUST LANDS ACQUIRED AFTER OCTOBER 17, 1988 › Subpart C—Secretarial Determination and Governor's Concurrence

25 C.F.R. § 292.16

What must an application for a Secretarial Determination contain?

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A tribe's application requesting a Secretarial Determination under § 292.13 must include the following information:

(a) The full name, address, and telephone number of the tribe submitting the application;

(b) A description of the location of the land, including a legal description supported by a survey or other document;

(c) Proof of identity of present ownership and title status of the land;

(d) Distance of the land from the tribe's reservation or trust lands, if any, and tribal government headquarters;

(e) Information required by § 292.17 to assist the Secretary in determining whether the proposed gaming establishment will be in the best interest of the tribe and its members;

(f) Information required by § 292.18 to assist the Secretary in determining whether the proposed gaming establishment will not be detrimental to the surrounding community;

(g) The authorizing resolution from the tribe submitting the application;

(h) The tribe's gaming ordinance or resolution approved by the National Indian Gaming Commission in accordance with 25 U.S.C. 2710, if any;

(i) The tribe's organic documents, if any;

(j) The tribe's class III gaming compact with the State where the gaming establishment is to be located, if one has been negotiated;

(k) If the tribe has not negotiated a class III gaming compact with the State where the gaming establishment is to be located, the tribe's proposed scope of gaming, including the size of the proposed gaming establishment; and

(l) A copy of the existing or proposed management contract required to be approved by the National Indian Gaming Commission under 25 U.S.C. 2711 and part 533 of this title, if any.

Notes of Decisions
Cited in 2 cases, 2013–2020 · leading case: Stand Up for California! v. U.S. Dep't of the Interior, 919 F. Supp. 2d 51 (D.D.C. 2013).
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Stand Up for California! v. U.S. Dep't of the Interior, 919 F. Supp. 2d 51 (D.D.C. 2013). · cites it 2× “The comment and agency response were with respect to a different section of the regulations, 25 C.F.R. § 292.16 , than the one requiring the “entire application record” to be sent to the concurring governor, 25 C.”
United Auburn Indian Cmty. of the Auburn Rancheria v. Newsom (Cal. 2020). “( 25 C.F.R. §§ 292.16 , 292.17, 292.21(a) (2020); see also id.”
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