---
kind: "section"
citation: "25 C.F.R. § 522.5"
title: "25"
number: "522.5"
heading: "Approval requirements for class II ordinances."
url: "https://uscodex.org/cfr/25/522.5"
---

# §522.5. Approval requirements for class II ordinances.


No later than 90 days after the submission to the Chair including all materials required under [§ 522.2](/cfr/25/522.2.md), the Chair shall approve the class II ordinance or resolution if the Chair finds that:

- (a) A tribe meets the submission requirements contained in [§ 522.2](/cfr/25/522.2.md); and
- (b) **The class II ordinance or resolution provides that—**
  - (1) The tribe shall have the sole proprietary interest in and responsibility for the conduct of any gaming operation unless it elects to allow individually owned gaming under either [§ 522.11](/cfr/25/522.11.md) or [§ 522.12](/cfr/25/522.12.md);
  - (2) A tribe shall use net revenues from any tribal gaming or from any individually owned games only for one or more of the following purposes:
    - (i) To fund tribal government operations or programs;
    - (ii) To provide for the general welfare of the tribe and its members (if a tribe elects to make per capita distributions, the plan must be approved by the Secretary of the Interior under [25 U.S.C. 2710(b)(3)](/usc/25/2710.md?p=b-3));
    - (iii) To promote tribal economic development;
    - (iv) To donate to charitable organizations; or
    - (v) To help fund operations of local government agencies;
  - (3) A tribe shall cause to be conducted independent audits of gaming operations annually and shall submit the results of those audits to the Commission;
  - (4) All gaming related contracts that result in purchases of supplies, services, or concessions for more than $25,000 in any year (except contracts for professional legal or accounting services) shall be specifically included within the scope of the audit conducted under [paragraph (b)(3)](#b-3) of this section;
  - (5) A tribe shall perform background investigations and issue licenses for key employees and primary management officials according to requirements that are at least as stringent as those in parts [556](/cfr/25/part556.md) and [558](/cfr/25/part558.md) of this chapter;
  - (6) A tribe shall issue a separate license to each place, facility, or location on Indian lands where a tribe elects to allow class II gaming; and
  - (7) A tribe shall construct, maintain and operate a gaming facility in a manner that adequately protects the environment and the public health and safety.
- (c) A tribe that subsequently amends a gaming ordinance pending before the Chair shall also provide an authentic resolution withdrawing the pending submission and resubmitting the revised submission.

## Notes

### Authority

Authority: 25 U.S.C. 2706, 2710, 2712.

### Source

Source: 87 FR 57593, Sept. 21, 2022, unless otherwise noted.