§ 2712. — Review of existing ordinances and contracts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2712]
TITLE 25--INDIANS
CHAPTER 29--INDIAN GAMING REGULATION
Sec. 2712. Review of existing ordinances and contracts
(a) Notification to submit
As soon as practicable after the organization of the Commission, the
Chairman shall notify each Indian tribe or management contractor who,
prior to October 17, 1988, adopted an ordinance or resolution
authorizing class II gaming or class III gaming or entered into a
management contract, that such ordinance, resolution, or contract,
including all collateral agreements relating to the gaming activity,
must be submitted for his review within 60 days of such notification.
Any activity conducted under such ordinance, resolution, contract, or
agreement shall be valid under this chapter, or any amendment made by
this chapter, unless disapproved under this section.
(b) Approval or modification of ordinance or resolution
(1) By no later than the date that is 90 days after the date on
which an ordinance or resolution authorizing class II gaming or class
III gaming is submitted to the Chairman pursuant to subsection (a) of
this section, the Chairman shall review such ordinance or resolution to
determine if it conforms to the requirements of section 2710(b) of this
title.
(2) If the Chairman determines that an ordinance or resolution
submitted under subsection (a) of this section conforms to the
requirements of section 2710(b) of this title, the Chairman shall
approve it.
(3) If the Chairman determines that an ordinance or resolution
submitted under subsection (a) of this section does not conform to the
requirements of section 2710(b) of this title, the Chairman shall
provide written notification of necessary modifications to the Indian
tribe which shall have not more than 120 days to bring such ordinance or
resolution into compliance.
(c) Approval or modification of management contract
(1) Within 180 days after the submission of a management contract,
including all collateral agreements, pursuant to subsection (a) of this
section, the Chairman shall subject such contract to the requirements
and process of section 2711 of this title.
(2) If the Chairman determines that a management contract submitted
under subsection (a) of this section, and the management contractor
under such contract, meet the requirements of section 2711 of this
title, the Chairman shall approve the management contract.
(3) If the Chairman determines that a contract submitted under
subsection (a) of this section, or the management contractor under a
contract submitted under subsection (a) of this section, does not meet
the requirements of section 2711 of this title, the Chairman shall
provide written notification to the parties to such contract of
necessary modifications and the parties shall have not more than 120
days to come into compliance. If a management contract has been approved
by the Secretary prior to October 17, 1988, the parties shall have not
more than 180 days after notification of necessary modifications to come
into compliance.
(Pub. L. 100-497, Sec. 13, Oct. 17, 1988, 102 Stat. 2481.)
Section Referred to in Other Sections
This section is referred to in sections 2710, 2713, 2714 of this
title.
