25 C.F.R. § 293.8

What documents must be submitted with a compact or amendment?

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Documentation submitted with a compact or amendment must include:

(a) At least one original compact or amendment executed by both the Tribe and the State;

(b) A Tribal resolution or other document, including the date and place of adoption and the result of any vote taken, that certifies that the Tribe has approved the compact or amendment in accordance with applicable Tribal law and IGRA;

(c) Certification from the Governor or other representative of the State that they are authorized to enter into the compact or amendment in accordance with applicable State law;

(d) Any agreement between a Tribe and a State, its agencies, or its political subdivisions required by a compact or amendment if the agreement:

(1) Requires the Tribe to make payments to the State, its agencies, or its political subdivisions; or

(2) Restricts or regulates a Tribe's use and enjoyment of its Indian lands, and any other ancillary agreements, documents, ordinances, or laws required by the compact or amendment that the Tribe determines are relevant to the Secretary's review; and

(e) Any other documentation requested by the Secretary that is necessary to determine whether to approve or disapprove the compact or amendment. If a compact includes revenue sharing, a market analysis or similar documentation as required by § 293.27.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Seneca Nation of Indians v. State of New York, 988 F.3d 618 (2d Cir. 2021).

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Seneca Nation of Indians v. State of New York, 988 F.3d 618 (2d Cir. 2021). “On 12 June 3, 2019, DOI returned the award as it lacked a “certification from the 13 Governor or other State representative that he or she is authorized under State 14 law to enter into the compact or amendment, as required by 25 C.F.R. § 293.8 (c).” 15 App’x 291. In a footnote,…”

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