Additional Class III games may be lawfully offered by the Band only by mutual agreement of the Band and the State as follows:

1. (1) The Band shall request additional Class III games by letter from the Tribal Chairperson on behalf of the Band to the Governor on behalf of the State. The request shall identify the additional proposed Class III gaming activities with specificity and any proposed amendments to the Pokagon Band Gaming Regulatory Act.

2. (2) The State, acting through the Governor, shall approve the Band's request within ninety (90) days after receipt if the Governor determines the following criteria have been satisfied:

   1. (A) The proposed gaming activities are permitted in the State for any purpose by any person, organization, or entity; and

   2. (B) The provisions of this Compact are adequate to fulfill the policies and purposes set forth in IGRA with respect to such additional games.

      The Governor's determination shall be a final decision of the State, subject to the dispute resolution procedures in IC 4-29.5-7 .

As added by P.L.171-2021, SEC.1.