25 C.F.R. § 293.2

How are key terms defined in this part?

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This part relies on but does not restate all defined terms set forth in the definitional section of IGRA.

(a) Amendment means:

(1) A change to a class III Tribal-State gaming compact other than an extension, or

(2) A change to secretarial procedures prescribed under 25 U.S.C. 2710(d)(7)(B)(vii) when such change is agreed upon by the Tribe and State.

(b) Compact or Tribal-State Gaming Compact means an intergovernmental agreement executed between Tribal and State governments under IGRA that establishes between the parties the terms and conditions for the operation and regulation of the Tribe's class III gaming activities.

(c) Extension means an intergovernmental agreement executed between Tribal and State governments under IGRA to change the duration of a compact or amendment.

(d) Gaming activity or gaming activities means the conduct of class III gaming involving the three required elements of chance, consideration, and prize or reward.

(e) Gaming facility means the physical building or structure situated on Indian lands where the gaming activity occurs.

(f) Gaming spaces means the areas within a gaming facility (as defined in paragraph (e) of this section) that are directly related to and necessary for the conduct of class III gaming such as: the casino floor; vault; count room; surveillance, management, and information technology areas; class III gaming device and supplies storage areas; and other secured areas where the operation or management of class III gaming takes place.

(g) IGRA means the Indian Gaming Regulatory Act of 1988 (Pub. L. 100-497) 102 Stat. 2467 dated October 17, 1988, (Codified at 25 U.S.C. 2701-2721 (1988)) and any amendments.

(h) Meaningful concession means:

(1) Something of value to the Tribe;

(2) Directly related to gaming activity;

(3) Something that carries out the purposes of IGRA; and

(4) Not a subject over which a State is otherwise obligated to negotiate under IGRA.

(i) Substantial economic benefit means:

(1) A beneficial impact to the Tribe;

(2) Resulting from a meaningful concession;

(3) Made with a Tribe's economic circumstances in mind;

(4) Spans the life of the compact; and

(5) Demonstrated by an economic/market analysis or similar documentation submitted by the Tribe or the State.

(j) Tribe means Indian Tribe as defined in 25 U.S.C. 2703(5).

Notes of Decisions
Cited in 4 cases, 2018–2019 · 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). · cites it 2× “25 C.F.R. §§ 293.2 ; 293.3; 293.10. As discussed in greater detail below, secretarial procedures fall outside this definition because they are "prescribed" unilaterally by the Secretary as a last resort when a state and a tribe fail to reach an agreement.”
State v. U.S. Dep't of the Interior, 363 F. Supp. 3d 45 (D.C. Cir. 2019). · cites it 2× “" 25 C.F.R. § 293.2 . If the Secretary does not explicitly approve or disapprove a tribal-state compact within 45 days after the Office of Indian Gaming receives it, 2 the compact shall be automatically approved "to the extent the compact is consistent with" the IGRA.”
State of Connecticut v. Zinke (D.D.C. 2018). · cites it 2× “25 C.F.R. §§ 293.2 ; 293.3; 293.10. As discussed in greater detail below, secretarial procedures fall outside this definition because they are “prescribed” unilaterally by the Secretary as a last resort when a state 26 As Federal Defendants note, the IGRA itself does not…”
State of Connecticut v. Zinke (D.D.C. 2019). · cites it 2× “” 25 C.F.R. § 293.2 . If the Secretary does not explicitly approve or disapprove a tribal-state compact within 45 days after the Office of Indian Gaming receives it, 2 the compact shall be automatically approved “to the 1 The Court’s recent Memorandum Opinion in this action…”
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