# 25 CFR § 292.23: What happens if the Governor does not affirmatively concur with the Secretarial Determination?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-25-292.23

## Section

- **Citation:** 25 CFR § 292.23
- **Heading:** What happens if the Governor does not affirmatively concur with the Secretarial Determination?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 25—Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER N—ECONOMIC ENTERPRISES > PART 292—GAMING ON TRUST LANDS ACQUIRED AFTER OCTOBER 17, 1988 > Subpart C—Secretarial Determination and Governor's Concurrence > Evaluation and Concurrence

## Text

(a) If the Governor provides a written non-concurrence with the Secretarial Determination:
(1) The applicant tribe may use the newly acquired lands only for non-gaming purposes; and
(2) If a notice of intent to take the land into trust has been issued, then the Secretary will withdraw that notice pending a revised application for a non-gaming purpose.
(b) If the Governor does not affirmatively concur in the Secretarial Determination within one year of the date of the request, the Secretary may, at the request of the applicant tribe or the Governor, grant an extension of up to 180 days.
(c) If no extension is granted or if the Governor does not respond during the extension period, the Secretarial Determination will no longer be valid.

## Nearby sections

- [25 CFR § 292.16 § 292.16 What must an application for a Secretarial Determination contain?](https://www.frixlaw.com/law-library/statutes/ecfr-25-292.16.md)
- [25 CFR § 292.17 § 292.17 How must an application describe the benefits and impacts of the proposed gaming establishment to the tribe and its members?](https://www.frixlaw.com/law-library/statutes/ecfr-25-292.17.md)
- [25 CFR § 292.18 § 292.18 What information must an application contain on detrimental impacts to the surrounding community?](https://www.frixlaw.com/law-library/statutes/ecfr-25-292.18.md)
- [25 CFR § 292.19 § 292.19 How will the Regional Director conduct the consultation process?](https://www.frixlaw.com/law-library/statutes/ecfr-25-292.19.md)
- [25 CFR § 292.20 § 292.20 What information must the consultation letter include?](https://www.frixlaw.com/law-library/statutes/ecfr-25-292.20.md)
- [25 CFR § 292.21 § 292.21 How will the Secretary evaluate a proposed gaming establishment?](https://www.frixlaw.com/law-library/statutes/ecfr-25-292.21.md)
- [25 CFR § 292.22 § 292.22 How does the Secretary request the Governor's concurrence?](https://www.frixlaw.com/law-library/statutes/ecfr-25-292.22.md)
- [25 CFR § 292.23 § 292.23 What happens if the Governor does not affirmatively concur with the Secretarial Determination?](https://www.frixlaw.com/law-library/statutes/ecfr-25-292.23.md)
- [25 CFR § 292.24 § 292.24 Can the public review the Secretarial Determination?](https://www.frixlaw.com/law-library/statutes/ecfr-25-292.24.md)
- [25 CFR § 292.25 § 292.25 Do information collections in this part have Office of Management and Budget approval?](https://www.frixlaw.com/law-library/statutes/ecfr-25-292.25.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-25-292.23. Check the current official text before relying on it. Not legal advice.