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 Decision |
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 | 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 | Pascua Yaqui Tribe of Arizona | Pascua Yaqui Decision |
Initial Reservation | Approved | |
| California | Redding Rancheria, California | Redding 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 | Chemehuevi Indian Tribe of the Chemehuevi Reservation, California | Chemehuevi Indian Tribe Decision |
Two-Part Secretarial Determination | Disapproved | |
| California | Soboba Band of Luiseno Indians, California | Soboba Band of Luiseño Indians Decision |
Within or Contiguous to Reservation Boundaries | 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 | Habematolel Pomo of Upper Lake, California | Habematolel Pomo of Upper Lake Decision |
Restored Lands | Approved | |
| California | Koi Nation of Northern California | Koi Nation of Northern California Decision |
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 Decision |
Restored Lands | Approved | |
| California | Mechoopda Indian Tribe of Chico Rancheria, California | Mechoopda Indian Tribe of Chico Rancheria Decision |
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 | Picayune Rancheria of Chukchansi Indians of California | Picayune Rancheria of Chukchansi Indians of California Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| California | Scotts Valley Band of Pomo Indians of California | Scotts Valley Band of Pomo Indians Reconsideration Decision |
Restored Lands | Disapproved | |
| California | Fort Mojave Indian Tribe of Arizona, California & Nevada | Fort Mojave Indian Tribe of Arizona, California and Nevada Decision |
Two-Part Secretarial Determination | Approved |
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