SUPPLEMENTARY INFORMATION:

The Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2701 et seq., (IGRA) provides the Secretary of the Interior (Secretary) with 45 days to review and approve or disapprove the Tribal-State compact governing the conduct of Class III gaming activity on the Tribe's Indian lands. See25 U.S.C. 2710(d)(8). If the Secretary does not approve or disapprove a Tribal-State compact within the 45 days, IGRA provides the Tribal-State compact is considered to have been approved by the Secretary but only to the extent the compact is consistent with IGRA. See25 U.S.C. 2710(d)(8)(C). The IGRA also requires the Secretary of the Interior to publish in the Federal Register notice of the approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. See25 U.S.C. 2710(d)(8)(D). The Department's regulations at 25 CFR 293.4 require all compacts and amendments to be reviewed and approved by the Secretary prior to taking effect. The Secretary took no action on the Compact amendment between the Ewiiaapaayp Band of Kumeyaay Indians and the State of California, within the 45-day statutory review period. Therefore, the Compact amendment is considered to have been approved, but only to the extent it is consistent with IGRA. See25 U.S.C. 2710(d)(8)(C).

89 FR 2237