How is a tribal gaming ordinance approved under federal regulation? Answer in under 100 words. Cite only eCFR sources.

How it works

• A tribe requests approval of a class II or class III ordinance, resolution, or amendment by submitting the required information directly to the Chair via electronic or physical mail.
• One copy of the ordinance or resolution must be certified as authentic by an authorized tribal official and meet the approval requirements of § 522.5(b), or § 522.7 for amendments.
• The tribe must attach procedures for conducting background investigations on key employees and primary management officials, including notifying them of their rights under the Privacy Act as specified in § 556.2.
• Tribal licensing procedures for primary management officials and key employees must be promulgated in accordance with § 558.3.
• For class III gaming, the submission must include a copy of any approved tribal-state compact or class III procedures prescribed by the Secretary that were in effect when the ordinance or amendment was passed.
• A copy of the designation of an agent for service under § 519.1 must accompany the request.

Numbers & thresholds

Citation anchor: § 522.2 as published at 90 FR 46755 on September 30, 2025.

Exceptions & edge cases

• The tribal-state compact / Secretary-procedures requirement applies only to class III gaming ordinances; it does not burden class II submissions.
• Amendments rely on § 522.7 rather than § 522.5(b) for their approval requirements.
• Documents described in paragraph (g) — Indian lands or tribal gaming regulations, plus environmental and public health and safety documentation — are provided only at the Chair's discretion, and the tribe then gets a 30-day window from receipt of that request to respond.
• Recordkeeping duties after approval run separately under § 571.7, which requires permanent books of account, five-year record retention, and Commission inspection access for gaming operations.