To: John Lawrence who wrote (3035 ) 1/24/1999 1:36:00 AM From: Angusb Respond to of 5164
For your interest, from the site you posted: "Sec. 2710. Tribal gaming ordinances (2) (A) If any Indian tribe proposes to engage in, or to authorize any person or entity to engage in, a class III gaming activity on Indian lands of the Indian tribe, the governing body of the Indian tribe shall adopt and submit to the Chairman an ordinance or resolution that meets the requirements of subsection (b) of this section. (B) The Chairman shall approve any ordinance or resolution described in subparagraph (A), unless the Chairman specifically determines that - (i) the ordinance or resolution was not adopted in compliance with the governing documents of the Indian tribe, or (ii) the tribal governing body was significantly and unduly influenced in the adoption of such ordinance or resolution by any person identified in section 2711(e)(1)(D) of this title. Upon the approval of such an ordinance or resolution, the Chairman shall publish in the Federal Register such ordinance or resolution and the order of approval. Sec. 2711. Management contracts (e) Disapproval The Chairman shall not approve any contract if the Chairman determines that - (1) any person listed pursuant to subsection (a)(1)(A) of this section - (A) is an elected member of the governing body of the Indian tribe which is the party to the management contract; (B) has been or subsequently is convicted of any felony or gaming offense; (C) has knowingly and willfully provided materially important false statements or information to the Commission or the Indian tribe pursuant to this chapter or has refused to respond to questions propounded pursuant to subsection (a)(2) of this section; or (D) has been determined to be a person whose prior activities, criminal record if any, or reputation, habits, and associations pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or the carrying on of the business and financial arrangements incidental thereto;" The reference to section 2711 in reply 3002 is valid since it pertains to Chairman disapproval of the contract and, as the reference to section 2711 (e)(1)(d) is provided in section 2710 (2)(B)(iii) which discusses Class III activities, appears to be consistent with U.S. law. The use of the name D.K. Sprague in the posting is interesting also, since Cheeky Kid's search indicated that the name, at least, is associated with the band. Angusb