§ 291.3 When may an Indian tribe ask the Secretary to issue Class III gaming procedures?
Primary source
Verbatim text below is from the Electronic Code of Federal Regulations (eCFR), a public-domain U.S. government work. Always verify the current version with the eCFR before relying on it for any legal matter.
Full Text
An Indian tribe may ask the Secretary to issue Class III gaming procedures when the following steps have taken place:
(a) The Indian tribe submitted a written request to the State to enter into negotiations to establish a Tribal-State compact governing the conduct of Class III gaming activities;
(b) The State and the Indian tribe failed to negotiate a compact 180 days after the State received the Indian tribe's request;
(c) The Indian tribe initiated a cause of action in Federal district court against the State alleging that the State did not respond, or did not respond in good faith, to the request of the Indian tribe to negotiate such a compact;
(d) The State raised an Eleventh Amendment defense to the tribal action; and
(e) The Federal district court dismissed the action due to the State's sovereign immunity under the Eleventh Amendment.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.