25 C.F.R. PART 535—POST-APPROVAL PROCEDURES
Title 25 - Indians
Authority: 25 U.S.C. 81, 2706(b)(10), 2710(d)(9), 2711.
Source: 58 FR 5830, Jan. 22, 1993, unless otherwise noted.
(a) Subject to the Chairman's approval, a tribe may enter into a modification of a management contract for the operation of a class II or class III gaming activity. (b) A tribe shall submit a modification to the Chairman upon its execution. (c) A tribe shall include in any request for approval of a modification under this part: (1) A modification 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 modification; (3) Copies of documents evidencing the authority under paragraph (c)(2) of this section; (4) If the modification 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: (i) 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 (ii) The dates on which the information was previously submitted; (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) For modifications which do not require a background investigation under part 537 of this chapter, the Chairman shall have thirty (30) days from receipt to approve or disapprove a modification, or to notify the parties that an additional thirty (30) days is required to reach a decision. (1) When a modification requires a background investigation under part 537 of this chapter, the Chairman shall approve or disapprove such modification as soon as practicable but in no event later than 180 days after the Chairman receives it; (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. The request shall therefore be deemed disapproved and the parties shall have thirty (30) days to appeal the decision under part 539 of this chapter. (e) (1) The Chairman may approve a modification to a management contract if the modification meets the submission requirements of paragraph (c) of this section. (2) The Chairman shall disapprove a modification 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 a modification 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) Modifications that have not been approved by the Chairman in accordance with the requirements of this part are void. Subject to the approval of the Chairman, a management contractor may assign its rights under a management contract to the extent permitted by the contract. A tribe or a management contractor shall submit such assignment to the Chairman upon execution. The Chairman shall approve or disapprove an assignment applying the standards of, and within the time provided by §§535.1(d) and 535.1(e) of this part. If the Chairman learns of any action or condition that violates the standards contained in parts 531, 533, 535, and 537 of this chapter, the Chairman may require modifications of, or may void, a management contract approved by the Chairman under such sections, after providing the parties an opportunity for a hearing before the Chairman and a subsequent appeal to the Commission as set forth in part 577 of this chapter. The Chairman will initiate modification proceedings by serving the parties, specifying the grounds for modification. The parties will have thirty (30) days to request a hearing or respond with objections. Within thirty (30) days of receiving a request for a hearing, the Chairman will hold a hearing and receive oral presentations and written submissions. The Chairman will make his decision on the basis of the developed record and notify the parties of his/her decision and of their right to appeal.
Title 25: Indians
PART 535—POST-APPROVAL PROCEDURES
Section Contents
§ 535.1 Modifications.
§ 535.2 Assignments.
§ 535.3 Post-approval noncompliance.
§ 535.1 Modifications.
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§ 535.2 Assignments.
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§ 535.3 Post-approval noncompliance.
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