§ 2713 TITLE 25—INDIANS Page 636

(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, §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.

§ 2713. Civil penalties

(a) Authority; amount; appeal; written complaint

(1) Subject to such regulations as may be prescribed by the Commission, the Chairman shall

have authority to levy and collect appropriate

civil fines, not to exceed $25,000 per violation,

against the tribal operator of an Indian game or

a management contractor engaged in gaming for

any violation of any provision of this chapter,

any regulation prescribed by the Commission

pursuant to this chapter, or tribal regulations,

ordinances, or resolutions approved under section 2710 or 2712 of this title.

(2) The Commission shall, by regulation, provide an opportunity for an appeal and hearing

before the Commission on fines levied and collected by the Chairman.

(3) Whenever the Commission has reason to believe that the tribal operator of an Indian game

or a management contractor is engaged in activities regulated by this chapter, by regulations prescribed under this chapter, or by tribal

regulations, ordinances, or resolutions, approved

under section 2710 or 2712 of this title, that may

result in the imposition of a fine under subsection (a)(1) of this section, the permanent closure of such game, or the modification or termination of any management contract, the Commission shall provide such tribal operator or

management contractor with a written complaint stating the acts or omissions which form

the basis for such belief and the action or choice

of action being considered by the Commission.

The allegation shall be set forth in common and

concise language and must specify the statutory

or regulatory provisions alleged to have been

violated, but may not consist merely of allegations stated in statutory or regulatory language.

(b) Temporary closure; hearing

(1) The Chairman shall have power to order

temporary closure of an Indian game for substantial violation of the provisions of this chapter, of regulations prescribed by the Commission

pursuant to this chapter, or of tribal regulations, ordinances, or resolutions approved under

section 2710 or 2712 of this title.

(2) Not later than thirty days after the issuance by the Chairman of an order of temporary

closure, the Indian tribe or management contractor involved shall have a right to a hearing

before the Commission to determine whether

such order should be made permanent or dissolved. Not later than sixty days following such

hearing, the Commission shall, by a vote of not

less than two of its members, decide whether to

order a permanent closure of the gaming operation.

(c) Appeal from final decision

A decision of the Commission to give final approval of a fine levied by the Chairman or to

order a permanent closure pursuant to this section shall be appealable to the appropriate Federal district court pursuant to chapter 7 of title

5.

(d) Regulatory authority under tribal law

Nothing in this chapter precludes an Indian

tribe from exercising regulatory authority provided under tribal law over a gaming establishment within the Indian tribe’s jurisdiction if

such regulation is not inconsistent with this

chapter or with any rules or regulations adopted

by the Commission.

(Pub. L. 100–497, §14, Oct. 17, 1988, 102 Stat. 2482.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2705, 2706, 2714

of this title.

§ 2714. Judicial review

Decisions made by the Commission pursuant

to sections 2710, 2711, 2712, and 2713 of this title