Title 25—Indians--Volume 1
PART 559—FACILITY LICENSE NOTIFICATIONS AND SUBMISSIONS
§ 559.1   What is the scope and purpose of this part?
(a) The purpose of this part is to ensure that each place, facility, or location where class II or III gaming will occur is located on Indian lands eligible for gaming and obtains an attestation certifying that the construction and maintenance of the gaming facility, and the operation of that gaming, is conducted in a manner that adequately protects the environment and the public health and safety, pursuant to the Indian Gaming Regulatory Act.
(b) Each gaming place, facility, or location conducting class II or III gaming pursuant to the Indian Gaming Regulatory Act or on which a tribe intends to conduct class II or III gaming pursuant to the Indian Gaming Regulatory Act is subject to the requirements of this part.
§ 559.2   When must a tribe notify the Chair that it is considering issuing a new facility license?
(a) A tribe shall submit to the Chair a notice that a facility license is under consideration for issuance at least 120 days before opening any new place, facility, or location on Indian lands where class II or III gaming will occur.
(1) A tribe may request an expedited review of 60 days and the Chair shall respond to the tribe's request, either granting or denying the expedited review, within 30 days.
(2) Although not necessary, a tribe may request written confirmation from the Chair.
(b) The notice shall contain the following:
(1) A legal description of the property;
(2) The tract number for the property as assigned by the Bureau of Indian Affairs, Land Title and Records Offices, if any;
(3) If not maintained by the Bureau of Indian Affairs, Department of the Interior, a copy of the trust or other deed(s) to the property or an explanation as to why such documentation does not exist; and
(4) If not maintained by the Bureau of Indian Affairs, Department of the Interior, documentation of property ownership.
(c) A tribe does not need to submit to the Chair a notice that a facility license is under consideration for issuance for occasional charitable events lasting not more than one week.
§ 559.3   When must a tribe submit a copy of a newly issued or renewed facility license to the Chair?
A tribe must submit to the Chair a copy of each newly issued or renewed facility license within 30 days of issuance.
§ 559.4   What must a tribe submit to the Chair with the copy of each facility license that has been issued or renewed?
A tribe shall submit to the Chair with each facility license an attestation certifying that by issuing the facility license, the tribe has determined that the construction and maintenance of the gaming facility, and the operation of that gaming, is conducted in a manner which adequately protects the environment and the public health and safety. This means that a tribe has identified and enforces laws, resolutions, codes, policies, standards or procedures applicable to each gaming place, facility, or location that protect the environment and the public health and safety, including standards, under a tribal-state compact or Secretarial procedures.
§ 559.5   Must a tribe notify the Chair if a facility license is terminated or expires or if a gaming place, facility, or location closes or reopens?
A tribe must notify the Chair within 30 days if a facility license is terminated or expires or if a gaming place, facility, or location closes or reopens. A tribe need not provide a notification of seasonal closures or temporary closures with a duration of less than 180 days.
§ 559.6   May the Chair require a tribe to submit applicable and available Indian lands or environmental and public health and safety documentation regarding any gaming place, facility, or location where gaming will occur?
A tribe shall provide applicable and available Indian lands or environmental and public health and safety documentation requested by the Chair.
§ 559.7   May a tribe submit documents required by this part electronically?
Yes. Tribes wishing to submit documents electronically should contact the Commission for guidance on acceptable document formats and means of transmission.