U.S. Code » Title 25 » Chapter CHAPTER 29— INDIAN GAMING REGULATION

25 U.S.C. § 2709

Interim authority to regulate gaming

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Notwithstanding any other provision of this chapter, the Secretary shall continue to exercise those authorities vested in the Secretary on the day before October 17, 1988, relating to supervision of Indian gaming until such time as the Commission is organized and prescribes regulations. The Secretary shall provide staff and support assistance to facilitate an orderly transition to regulation of Indian gaming by the Commission.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1990–2022 · leading case: Sac & Fox Nation of Missouri v. Norton
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Sac & Fox Nation of Missouri v. Norton (2001) ca10 “25 U.S.C. § 2709 . 13 . At oral argument, the Secretary conceded that the Commission had no involvement in the determinations at issue in this case.”
Bremer Business Finance Corp. v. Dorsey & Whitney LLP (In Re SRC Holding Corp.) (2006) mnb “25 U.S.C.A. § 2709 . The IGRA provides that the NIGC is to approve any “management contract” for Indian gaming operations and all “collateral agreements to such [management contracts] that relate to the gaming activity.”
United States Ex Rel. Yankton Sioux Tribe v. Gambler's Supply, Inc. (1996) sdd “The contracts were submitted to the Secretary of the Interior for approval pursuant to 25 U;S.C. § 81, which remained in effect after the passage of the IGRA until such time as the National Indian Gaming Commission could be organized and promulgate regulations.”
United States ex rel. Saint Regis Mohawk Tribe v. President R.C.-St. Regis Management Co. (2006) ca2 · cites it 2× “Under 25 U.S.C. § 2709 (Interim authority to regulate gaming), the Secretary retained authority over Indian gaming until the Commission was organized and its regulations promulgated.”
Bruce H. Lien Co. v. Three Affiliated Tribes (1996) ca8 “25 U.S.C. § 2709 . IGRA provides that the NIGC was to ultimately review each contract approved by the Secretary of the Interior.”
United States Ex Rel. Citizen Band Potawatomi Indian Tribe v. Enterprise Management Consultants, Inc. (1990) okwd “” 25 U.S.C. § 2709 . Accordingly, Enterprise’s first defense is ill-founded.”
United States ex rel. Hall v. Tribal Development Corp. (1994) ca7 “100-497, codified at 25 U.S.C. § 2709 , requires the Secretary of the Interior to exercise continuing authority over Indian Gaming until the Commission is “in place”).”
United States ex rel. Mosay v. Buffalo Bros. Management, Inc. (1994) ca7 “We read “shall continue to exercise those authorities vested in” the Bureau on the day before the Indian Gaming Regulatory Act became law until the new Commission was up and running, 25 U.S.C. § 2709 , as a direction that the old regime would continue until that happened.”
Tamiami Partners, Ltd. ex rel. Tamiami Development Corp. v. Miccosukee Tribe of Indians (1995) ca11 “See supra note 22; see also 25 U.S.C. § 2709 . Given the Commission’s response to the Tribe's letter, however, it appears that the 1991 Ordinance was valid.”
Gaming World International, Ltd. v. White Earth Band of Chippewa Indians (2003) ca8 “See 25 U.S.C. § 2709 . The Secretary delegated his own approval power under IGRA to the Area Directors of the Bureau of Indian Affairs (BIA), whose decisions could be appealed to the Interior Board of Indian Appeals (IBIA).”
Kewadin Casinos Gaming Authority v. Draganchuk (2022) miwd “) The response’s table of authorities suggests that Kewadin may be referring to 25 U.S.C. § 2709 (d)(3)(C)(i-ii). (Id. at v.”
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