This is not an exhaustive list of all Gaming Decisions in process. It is being continuously being updated as office information is received.
Overview of Gaming Land Eligibility
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.
Displaying 126 - 139 of 139
| US State(s) | Tribe(s) | Title | Legal Theory | Decision Status | Date |
|---|---|---|---|---|---|
| Wisconsin | Stockbridge Munsee Community, Wisconsin |
Stockbridge Munsee Community DecisionDenied January 4, 2008; withdrawn October 15, 2015. |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Oneida Nation |
Oneida Nation Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Wisconsin | Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin |
Lac du Flambeau Band of Lake Superior Chippewa Indians Decision |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin |
Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Sokaogon Chippewa Community, and Red Cliff Band of Lake Superior Chippewa Indians DecisionOn remand by Sokaogon Chippewa Community, et al., v. Babbitt, et al., Case No. 95-C-659-C (W.D. Wis.). Departmental approval February 20, 2001; Governor non-concurrence May 14, 2001. |
Two-Part Secretarial Determination | Approved | |
| Wisconsin | Ho-Chunk Nation of Wisconsin |
Ho-Chunk Nation of Wisconsin Decision |
Two-Part Secretarial Determination | Approved | |
| Wisconsin | Ho-Chunk Nation of Wisconsin |
Ho-Chunk Nation of Wisconsin Decision |
Two-Part Secretarial Determination | Approved | |
| Wisconsin | Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin |
Bad River Band of Lake Superior Chippewa DecisionTwo tribes, the Bad River Band of Lake Superior Chippewa Indians and the St. Croix Chippewa Tribe, submitted a joint application. |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Menominee Indian Tribe of Wisconsin |
Menominee Indian Tribe of Wisconsin Decision |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin |
Red Cliff Band of Lake Superior Chippewa DecisionThree tribes submitted a joint application
|
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin |
Lac Courte Oreilles Band of Lake Superior Chippewa Indians DecisionThree tribes submitted a joint application
|
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Sokaogon Chippewa Community, Wisconsin |
Sokaogon Chippewa Community DecisionThree tribes submitted a joint application
|
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | St. Croix Chippewa Indians of Wisconsin |
St. Croix Chippewa Tribe DecisionTwo tribes, the Bad River Band of Lake Superior Chippewa Indians and the St. Croix Chippewa Tribe, submitted a joint application. |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Menominee Indian Tribe of Wisconsin |
Menominee Indian Tribe of Wisconsin Kenosha Casino ProjectAn Environmental Assessment (EA) has been prepared for the Menominee Indian Tribe of Wisconsin (Tribe) for the Kenosha Casino Project. The Tribe owns 59 acres of land on four individual parcels (subject property) located directly south of 60th Street, north of 75th Street, and west of Interstate 94 (I-94) in the City of Kenosha, Wisconsin. The Tribe is requesting that the U.S. Secretary of the Interior, Bureau of Indian Affairs (BIA) take the 59 acres into federal trust pursuant to 25 Code of Federal Regulations Part 151 (proposed action) for the benefit of the Tribe. As a result of the Proposed Action, the Tribe proposes to develop a casino and hotel on the Project Site with associated amenities, parking, and utilities (Proposed Project). The BIA is the federal lead agency for the proposed action. The process of taking land into trust requires federal discretionary actions and is considered an undertaking, as defined under 36 Code of Federal Regulations (CFR) 800.16(y). Because the Tribe is seeking to acquire off-reservation land in trust for gaming purposes, compliance with Section 20 of the Indian Gaming Regulatory Act (25 USC (United States Code) § 2719) (IGRA) is required. The transfer into trust of the Proposed Fee-to-Trust Property for gaming requires the Secretary of the Interior (Secretary) to determine gaming on the newly acquired lands would be 1) in the best interest of the Tribe and 2) not detrimental to the surrounding community (25 USC § 2719[b][1][A]). This Secretarial two-part determination may only be made after consultation with the applicant tribe and appropriate state and local officials, including officials of other nearby tribes, defined in this instance as tribal lands located within a 25-mile radius of the Project Site, or, if the tribe has no trust lands, within a 25-mile radius of its government headquarters (25 CFR (Code of Federal Regulations) § 292.2). In addition, the Governor of Wisconsin must concur in the determination before gaming could occur on the Proposed Fee-to-Trust Property. The subject property is located within Kenosha, Wisconsin. The Project Site parcels are internally separated by 122nd Avenue (also known as West Frontage Road), which runs parallel to the west of I-94. Local access to the Project Site is provided by I-94. Regional access is to the Project Site is provided by I-94, which runs in a north-south direction, and is situated to the east to the Project Site. Local access is provided by 60th Street and 122nd Avenue. In the vicinity of the Project Site, 122nd Avenue is one lane in either direction. Land uses near the Project Site include residential areas, agriculture, commercial uses and undeveloped grassland. The purpose of the Proposed Action is to facilitate tribal self-sufficiency, self-determination, and economic development, thus satisfying the Department of Interior’s (Department) land acquisition policy as articulated in the Department’s trust land regulations at 25 CFR Part 151. Based on the analysis and impacts discussed in the EA and comments received during the public review period, the BIA will decide whether to reach a Finding of No Significant Impact, direct further work on the EA, or initiate the preparation of an Environmental Impact Statement. Copies of the EA are available for public review on the internet at http://menominee-kenosha-ea.com and at the Kenosha Public Library Southwest Neighborhood Library at 7979 38th Avenue, Kenosha, WI 53142. The BIA Midwest Regional Office will also have a copy available at 5600 W. American Boulevard, Bloomington, MN 55437. Public Comment Period DATES: A request to extend the public comment period was received. The public comment period for the EA began on March 13, 2026, and will now conclude on April 27, 2026 (45 days after the initial date). Written comments should be emailed to Chelsa.Johnson@bia.gov or mailed to the following address by end of day April 27, 2026. Chelsa Johnson, Branch Chief and Regional Environmental Scientist (Acting) |
Two-Part Secretarial Determination | Pending | |
| Wyoming | Northern Arapaho Tribe of the Wind River Reservation, Wyoming |
Arapaho Tribe of the Wind River Reservation Decision |
Within or Contiguous to Reservation Boundaries | Approved |
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