Indian tribes may only game on Indian lands that are eligible for gaming under the Indian Gaming Regulatory Act. Such lands must meet the definition of “Indian lands” at 25 U.S.C. § 2703, which requires that the land be within the limits of a tribe’s reservation, be held in trust by the United States for the benefit of the tribe or its member(s), or that the land be subject to restrictions against alienation by the United States for the benefit of the tribe or its member(s). Additionally, the tribe must have jurisdiction and exercise governmental powers over the gaming site.
The IGRA, 25 U.S.C. § 2719, contains a general prohibition against gaming on lands acquired into trust after October 17, 1988 (the date the IGRA was enacted into law). Tribes may game on such after-acquired trust land if the land meets one of the exceptions laid out in § 2719. Below are the fee-to-trust decisions and two-part secretarial determinations issued by the Department for after-acquired land for gaming.
This is not an exhaustive list of all Gaming Land Decisions in process. It is being continuously being updated as office information is received.
| US State(s) | Tribe(s) | Title | Legal Theory | Decision Status | Date |
|---|---|---|---|---|---|
| Arizona | Tohono O'odham Nation of Arizona | Tohono O'odham Nation DecisionJuly 23, 2014, Final decision on remand from Gila River Indian Cmty. v. United States, 729 F.3d 1139 (9th Cir. 2013). |
Settlement of a Land Claim | Approved | |
| Arizona | Tohono O'odham Nation of Arizona | Tohono O'odham Nation Decision |
Settlement of a Land Claim | Approved | |
| Arizona | Navajo Nation, Arizona, New Mexico, & Utah | Navajo Nation Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Arizona | Tohono O'odham Nation of Arizona | Tohono O'odham Nation DecisionRemanded by Gila River Indian Cmty. v. United States, 729 F.3d 1139 (9th Cir. 2013), see July 23, 2014 Final Decision. |
Settlement of a Land Claim | Approved | |
| Arizona | Pascua Yaqui Tribe of Arizona | Pascua Yaqui Decision |
Initial Reservation | Approved | |
| California | Scotts Valley Band of Pomo Indians of California | Scotts Valley Band of Pomo Indians DecisionRestored lands trust acquisition approved January 10, 2025, on remand from Scotts Valley Band of Pomo Indians v. US. Dep't of the Interior, 633 F. Supp. 3d 132, 171 (D.D.C. 2022). Gaming eligibility decision temporarily rescinded effective March 27, 2025. |
Restored Lands | Approved | |
| California | United Auburn Indian Community of the Auburn Rancheria of California | United Auburn Indian Community of the Auburn Rancheria Decision |
Restored Lands | Approved | |
| California | Wilton Rancheria, California | Wilton Rancheria Decision |
Restored Lands | Approved | |
| California | Timbisha Shoshone Tribe | Timbisha Shoshone Tribe Decision |
Initial Reservation | Approved | |
| California | Tejon Indian Tribe | Tejon Indian Tribe 180-Day Extension Decision |
Two-Part Secretarial Determination | Approved | |
| California | Cloverdale Rancheria of Pomo Indians of California | Cloverdale Rancheria of Pomo Indians Decision |
Restored Lands | Approved | |
| California | Elk Valley Rancheria, California | Elk Valley Rancheria Decision |
Restored Lands | Approved | |
| California | Enterprise Rancheria of Maidu Indians of California | Enterprise Rancheria of Maidu Indians Decision |
Two-Part Secretarial Determination | Approved | |
| California | Ewiiaapaayp Band of Kumeyaay Indians, California | Federated Indians of Graton Rancheria Decision |
Restored Lands | Approved | |
| California | Fort Mojave Indian Tribe of Arizona, California & Nevada | Fort Mojave Indian Tribe of Arizona, California and Nevada Decision |
Two-Part Secretarial Determination | Approved | |
| California | Paskenta Band of Nomlaki Indians of California | Paskenta Band of Nomlaki Indians Decision |
Restored Lands | Approved | |
| California | Koi Nation of Northern California | Koi Nation of Northern California DecisionOn remand from Koi Nation v. United States Dep't of the Interior, 361 F. Supp. 3d. 14 (D.D.C. 2019). |
Restored Lands | Approved | |
| California | Los Coyotes Band of Cahuilla and Cupeno Indians, California | Los Coyotes Band of Cahuilla and Cupeno Indians Decision |
Two-Part Secretarial Determination | Disapproved | |
| California | Lytton Rancheria of California | Lytton Band of Pomo Indians Decision |
Restored Lands | Approved | |
| California | Mechoopda Indian Tribe of Chico Rancheria, California | Mechoopda Indian Tribe of Chico Rancheria DecisionRemanded by Butte Cty. v. Hogen, 392 U.S. App. D.C. 25 (2010). See Final Decision issued January 24, 2014. |
Restored Lands | Approved | |
| California | Mechoopda Indian Tribe of Chico Rancheria, California | Mechoopda Indian Tribe of Chico Rancheria DecisionOn remand from Butte Cty. v. Hogen, 392 U.S. App. D.C. 25 (2010). |
Restored Lands | Approved | |
| California | Northfork Rancheria of Mono Indians of California | North Fork Rancheria of Mono Indians of California Decision |
Two-Part Secretarial Determination | Approved | |
| California | Habematolel Pomo of Upper Lake, California | Habematolel Pomo of Upper Lake Decision |
Restored Lands | Approved | |
| California | Soboba Band of Luiseno Indians, California | Soboba Band of Luiseño Indians Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| California | Redding Rancheria, California | Redding Rancheria DecisionOn remand following Rancheria v. Jewell, 776 F.3d 706 (9th Cir. 2015). |
Restored Lands | Approved |
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