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Code of Federal Regulations Title 25. Indians § 25.292.6 What must be demonstrated to meet the “initial reservation” exception?

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This section contains criteria for meeting the requirements of 25 U.S.C. 2719(b)(1)(B)(ii), known as the “initial reservation” exception. Gaming may occur on newly acquired lands under this exception only when all of the following conditions in this section are met:

(a) The tribe has been acknowledged (federally recognized) through the administrative process under part 83 of this chapter.

(b) The tribe has no gaming facility on newly acquired lands under the restored land exception of these regulations.

(c) The land has been proclaimed to be a reservation under 25 U.S.C. 467 and is the first proclaimed reservation of the tribe following acknowledgment.

(d) If a tribe does not have a proclaimed reservation on the effective date of these regulations, to be proclaimed an initial reservation under this exception, the tribe must demonstrate the land is located within the State or States where the Indian tribe is now located, as evidenced by the tribe's governmental presence and tribal population, and within an area where the tribe has significant historical connections and one or more of the following modern connections to the land:

(1) The land is near where a significant number of tribal members reside;  or

(2) The land is within a 25–mile radius of the tribe's headquarters or other tribal governmental facilities that have existed at that location for at least 2 years at the time of the application for land-into-trust;  or

(3) The tribe can demonstrate other factors that establish the tribe's current connection to the land.

It shall be the duty and function of the joint municipal consolidation study commission to study the question and feasibility of consolidating the participating municipalities into a single new municipality.  In carrying out its duties and functions, the commission shall also study the plans or forms of government available under the “Optional Municipal Charter Law” (P.L.1950, c. 210;  C. 40:69A-1 et seq.), the “commission form of government law” (R.S. 40:70-1 et seq.), the “municipal manager form of government law” (R.S. 40:79-1 et seq.), and the plans or forms of government of the participating municipalities, and shall exercise all of the functions and powers of a charter commission under this act and under the “Optional Municipal Charter Law,” insofar as the provisions of that law may be consistent with the provisions of this act.  The commission shall prepare a report setting forth its findings and recommendations.  Should the commission determine to recommend the consolidation of the participating municipalities into a single municipality, the commission shall in such report recommend a plan of consolidation which shall set forth:

a. The name, type, plan or form of government of the proposed new municipality;

b. Details of adjustment of the indebtedness and other obligations of the participating municipalities, and if appropriate, of the school districts therein, in such manner as to preserve a fair and equitable burden of taxation for debt service;

c. The transfer of property and assets of the participating municipalities to the proposed new municipality, and, if appropriate, from their constituent school districts to the proposed new school district;

d. The extent to which participating municipalities may authorize or issue bonds or other obligations or incur contractual duties during the period between the date of the election held pursuant to section 25 of this act   1 and the date of consolidation as provided for in section 29 of this act;   2

e. Any adjustments or changes in offices, positions, or employment, including the abolition thereof that may be necessitated by the consolidation;

f. The number and manner of election of the members of the governing body of the proposed new municipality, including, if appropriate, the designation of the number of wards into which the proposed consolidated municipality is to be divided, which shall be consistent with the plan or form of government recommended and shall be in accordance with law;

g. Those ordinances, rules and regulations of the participating municipalities which may be adopted by the governing body of the consolidated municipality to temporarily take effect within the consolidated municipality;  and,

h. In accordance with the pertinent provisions of Title 18A of the New Jersey Statutes and the provisions of this act:  the manner of school district consolidation, if any;  the type of school district or districts to be operated by or in the consolidated municipality;  and, the number of school board members of the recommended school district or districts as shall be necessary.

Cite this article: - Code of Federal Regulations Title 25. Indians § 25.292.6 What must be demonstrated to meet the “initial reservation” exception? - last updated October 02, 2022 |

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