25 C.F.R. § 535.1

Amendments

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Subject to the Chairman's approval, a tribe may enter into an amendment of a management contract for the operation of a class II or class III gaming activity.

(b) A tribe shall submit an amendment to the Chairman within thirty (30) days of its execution.

(1) An amendment containing original signatures of an authorized official of the tribe and the management contractor and terms that meet the applicable requirements of part 531 of this chapter;

(2) A letter, signed by the tribal chairman, setting out the authority of an authorized tribal official to act for the tribe concerning the amendment;

(3) Copies of documents evidencing the authority under paragraph (c)(2) of this section;

(4) A list of all persons and entities identified in § 537.1(a) and § 537.1(c)(1) of this chapter:

(i) If the amendment involves a change in person(s) having a direct or indirect financial interest in the management contract or having management responsibility for the management contract, a list of such person(s) and either:

(A) The information required under § 537.1(b)(1) of this chapter for class II gaming contracts or § 537.1(b)(1)(i) of this chapter for class III gaming contracts; or

(B) The dates on which the information was previously submitted;

(ii) [Reserved]

(5) If applicable, a justification, consistent with the provisions of § 531.1(h) of this chapter, for a term limit in excess of five (5) years, but not exceeding seven (7) years; and

(6) If applicable, a justification, consistent with the provisions of § 531.1(i) of this chapter, for a management fee in excess of thirty (30) percent, but not exceeding forty (40) percent.

(d)(1) The Chairman shall approve or disapprove an amendment within thirty (30) days from receipt of a complete submission if the amendment does not require a background investigation under part 537 of this chapter, unless the Chairman notifies the parties in writing of the need for an extension of up to thirty (30) days.

(2) The Chairman shall approve or disapprove an amendment as soon as practicable but no later than 180 days from receipt of a complete submission if the amendment requires a background investigation under part 537 of this chapter.

(3) A party may appeal the Chairman's approval or disapproval of an amendment under part 583 of this chapter. If the Chairman does not approve or disapprove an amendment within the timelines of paragraph (d)(1) or (d)(2) of this section, the amendment shall be deemed disapproved and a party shall have thirty (30) days to appeal the decision under part 583 of this chapter.

(e)(1) The Chairman may approve an amendment to a management contract if the amendment meets the submission requirements of paragraph (c) of this section. Failure to comply with the submission requirements of paragraph (c) of this section may result in the Chairman's disapproval of an amendment.

(2) The Chairman shall disapprove an amendment of a management contract for class II gaming if he or she determines that the conditions contained in § 533.6(b) of this chapter apply.

(3) The Chairman may disapprove an amendment of a management contract for class III gaming if he or she determines that the conditions contained in § 533.6(c) of this chapter apply.

(f) Amendments that have not been approved by the Chairman in accordance with the requirements of this part are void.

[74 FR 36936, July 27, 2009, as amended at 80 FR 31994, June 5, 2015]

Notes of Decisions

Cited in 7 cases, 2003–2020 · leading case: Bremer Bus. Fin. Corp. v. Dorsey & Whitney LLP (In Re SRC Holding Corp.), 352 B.R. 103 (Bankr. D. Minn. 2006).

Sort: Relevance Newest Treatment

Bremer Bus. Fin. Corp. v. Dorsey & Whitney LLP (In Re SRC Holding Corp.), 352 B.R. 103 (Bankr. D. Minn. 2006). · cites it 4× “The Regulations further provide that the Commission must approve any modification of a management contract ( 25 C.F.R. § 535.1 ), including, in particular, any modification that involves a change in a “person(s) having a direct or indirect financial interest in the management…”

Bremer Bus. Fin. Corp. v. Whitney (In Re SRC Holding Corp.), 364 B.R. 1 (D. Minnesota 2007). · cites it 2× “See 25 C.F.R. § 535.1 (d)(2) ("If the Chairman does not approve or disapprove, he shall respond in accordance with the service provisions of part 519 of this chapter noting that no action has been taken on the proposed modification [or assignment, under § 535.”

Bettor Racing, Inc. v. Nat'l Indian Gaming Comm'n, 47 F. Supp. 3d 912 (D.S.D. 2014). · cites it 5× “25 C.F.R. § 535.1 (a). Any attempted amendment that does not comply with the IGRA or NIGC requirements, or that is not approved by the NIGC, is also void.”

Colombe v. Rosebud Sioux Tribe, 918 F. Supp. 2d 952 (D.S.D. 2013). · cites it 3× “25 C.F.R. § 535.1 . The NIGC Chairman approved the Contract in June of 1994, but no one sought approval of the later oral modification concerning funding the OER account.”

Colombe v. Rosebud Sioux Tribe, 835 F. Supp. 2d 736 (D.S.D. 2011). “25 C.F.R. § 535.1 . The NIGC Chairman approved the Contract in June of 1994, but no one sought approval of the later oral modification concerning funding the OER account.”

Gaming World Int'l, Ltd. v. White Earth Band of Chippewa Indians, 317 F.3d 840 (8th Cir. 2003). “Monteau’s letter stated that the November 1992 modification had been constructively denied as of September 1994 because the Commission had taken no action on it within thirty days, see 25 C.F.R. § 535.1 (d), but that the amendment would also have been rejected upon complete…”

Peoria Tribe of Indians of Oklahoma v. Campbell (N.D. Okla. 2020). “The reinstatement of Campbell’s and Baxcase’s practice of receiving a percentage of the management fee and giving them a financial interest in the Peoria Tribe’s Agreement with DED constituted a modification or amendment of the Agreement under 25 C.F.R. §535.1 (c)(4). Id., ¶25 .…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.