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 |
|---|---|---|---|---|---|
| California | Koi Nation of Northern California | Koi Nation of Northern California Shiloh Resort and Casino ProjectFederal Register Link |
Restored Lands | Pending | |
| California | Scotts Valley Band of Pomo Indians of California | Scotts Valley Casino and Tribal Housing Project |
Restored Lands | Pending | |
| Missouri | The Osage Nation | The Osage Nation Lake Ozark Casino Resort Project |
Two-Part Secretarial Determination | Pending | |
| Washington | Confederated Tribes of the Colville Reservation | Colville Tribes Fee-to-Trust and Casino Project, Franklin County, Washington |
Two-Part Secretarial Determination | Pending | |
| Washington | Nisqually Indian Tribe | Nisqually Quiemuth Casino-Resort and Fee-to-Trust Project |
Pending |
indianaffairs.gov
An official website of the U.S. Department of the Interior