25 CFR Part 523
Authority: 25 U.S.C. 2706, 2710, 2712.
Source: 58 FR 5812, Jan. 22, 1993; 58 FR 16494, Mar. 29, 1993.
§523.1 Scope of this part.
This part applies to a class II or a class III gaming ordinance or resolution enacted by a tribe prior to February 22, 1993, and that has not been submitted to the Chairman.
§523.2 Submission requirements.
(a) Within 60 days after a request by the Chairman, a tribe shall:
(1) Submit for review and approval all items required under §522.2 of this chapter; and
(2) For each gaming operation submit the financial statements for the previous fiscal year and the most recent audit report and management letter.
(b) If a tribe fails to submit all items under §522.2 of this chapter within 60 days, the Chairman shall deem the ordinance or resolution disapproved and shall notify the tribe of its right to appeal under part 524.
§523.3 Review of an ordinance or resolution.
Within 90 days after receipt of a submission under §523.2 of this part, the Chairman shall subject the ordinance or resolution to the standards in part 522 of this chapter.
(a) For class II and class III gaming, if the Chairman determines that an ordinance or resolution submitted under this part meets the approval and submission requirements of part 522 of this chapter and the Chairman finds the annual financial statements are included in the submission, the Chairman shall approve the ordinance or resolution.
(b) If an ordinance or resolution fails to meet the requirements for review under part 522 of this chapter or if a tribe fails to submit the annual financial statement, the Chairman shall notify a tribe in writing of the specific areas of noncompliance.
(c) The Chairman shall allow a tribe 120 days from receipt of such notice to bring the ordinance or resolution into compliance with the requirements of part 522 of this chapter or to submit an annual financial statement, or both.
(d) At the end of the 120-day period provided under paragraph (c) of this section, or earlier if the tribe notifies the Chairman that it intends not to comply, the Chairman shall disapprove any ordinance or resolution if a tribe fails to amend according to the notification made under paragraph (b) of this section.
§523.4 Review of an amendment.
Within 90 days after receipt of an amendment, the Chairman shall subject the amendment to the standards in part 522 of this chapter.
(a) If the Chairman determines that an amendment meets the approval and submission requirements of part 522 of this chapter, the Chairman will approve the amendment.
(b) If an amendment fails to meet the requirements for review under part 522 of this chapter, the Chairman shall notify the tribe in writing of the specific areas of noncompliance.
(c) If the Chairman fails to disapprove a submission under paragraph (a) or (b) of this section within 90 days after the date of submission to the Chairman, a tribal amendment shall be considered to have been approved by the Chairman but only to the extent that such amendment is consistent with the provisions of the Act and this chapter.