25 C.F.R. § 293.12
What happens if the Secretary does not act on the compact or amendment within the 45-day review period?
If the Secretary does not take action to approve or disapprove a compact or amendment within the 45-day review period, the compact or amendment is approved by operation of law, but only to the extent the compact or amendment is consistent with the provisions of IGRA. The Secretary will issue a letter informing the parties that the compact or amendment has been approved by operation of law after the 45th day and before the 90th day. The Secretary's letter may include guidance to the parties reflecting the Department's interpretation of IGRA. The compact or amendment that is approved by operation of law becomes effective only upon publication in the
Notes of Decisions
Cited in 2
cases, 2018–2018 · leading case: Connecticut v. U.S. Dep't of the Interior, 344 F. Supp. 3d 279 (D.C. Cir. 2018).
Connecticut v. U.S. Dep't of the Interior, 344 F. Supp. 3d 279 (D.C. Cir. 2018). “§ 2710 (d)(8)(C) ; 25 C.F.R. § 293.12 . A tribal-state compact or compact amendment that has been approved by the Secretary or deemed approved by operation of law takes effect when notice of its approval is published in the Federal Register.”
State of Connecticut v. Zinke (D.D.C. 2018). “§ 2710 (d)(8)(C); 25 C.F.R. § 293.12 . 1 MGM cites a 2015 Government Accountability Office report identifying more than 200 tribes that conduct casino gaming, only three of which rely on procedures authorizing that gaming.”
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