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. § 292.21

How will the Secretary evaluate a proposed gaming establishment?

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(a) The Secretary will consider all the information submitted under §§ 292.16-292.19 in evaluating whether the proposed gaming establishment is in the best interest of the tribe and its members and whether it would or would not be detrimental to the surrounding community.

(b) If the Secretary makes an unfavorable Secretarial Determination, the Secretary will inform the tribe that its application has been disapproved, and set forth the reasons for the disapproval.

(c) If the Secretary makes a favorable Secretarial Determination, the Secretary will proceed under § 292.22.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2016–2021 · leading case: Stand up for California v. State of Cal., 6 Cal. App. 5th 686 (Cal. Ct. App. 2016).
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Stand up for California v. State of Cal., 6 Cal. App. 5th 686 (Cal. Ct. App. 2016). · cites it 4× “( 25 C.F.R. § 292.21 (b).) Alternatively, if the Secretary makes a favorable two-part determination, the Secretary will send the Governor of the state written notification of its determination and findings of fact, a copy of the entire record, and a request for the Governor’s…”
Kalispel Tribe of Indians v. Usdoi, 999 F.3d 683 (9th Cir. 2021). · cites it 2× “18 (g); see also 25 C.F.R. § 292.21 (a) (cataloguing the information the Department is to consider).”
Stand Up for California! v. U.S. Dep't of the Interior, No. 2012-2039 (D.D.C. Sept. 6, 2016). “at 26 (citing 25 C.F.R. § 292.21 ); see 25 C.F.R. § 292.”
Stand Up for California! v. U.S. Dep't of the Interior, No. 2012-2039 (D.D.C. Sept. 6, 2016). “at 26 (citing 25 C.F.R. § 292.21 ); see 25 C.F.R. § 292.”
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