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 | Ewiiaapaayp Band of Kumeyaay Indians, California | Federated Indians of Graton 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 | Guidiville Rancheria of California | Guidiville Rancheria of California Decision |
Restored Lands | Disapproved | |
| California | Elk Valley Rancheria, California | Elk Valley Rancheria Decision |
Restored Lands | Approved | |
| California | Cloverdale Rancheria of Pomo Indians of California | Cloverdale Rancheria of Pomo Indians Decision |
Restored Lands | Approved | |
| California | Chemehuevi Indian Tribe of the Chemehuevi Reservation, California | Chemehuevi Indian Tribe Decision |
Two-Part Secretarial Determination | Disapproved | |
| California | Big Lagoon Rancheria, California | Big Lagoon Rancheria Decision |
Two-Part Secretarial Determination | Disapproved | |
| California | Agua Caliente Band of Cahuilla Indians of the Agua Caliente Indian Reservation, California | Agua Caliente Band of Cahuilla Indians Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| California | Koi Nation of Northern California | Koi Nation of Northern California Shiloh Resort and Casino ProjectFederal RegisterThe Bureau of Indian Affairs (BIA) has prepared a Final Environmental Impact Statement (EIS) to analyze the potential environmental consequences of the Koi Nation of Northern California’s (Koi Nation) proposed fee-to-trust transfer of an approximately 68.6-acre parcel in unincorporated Sonoma County, California, adjacent to the Town of Windsor, for gaming purposes (Proposed Action). |
Restored Lands | Pending | |
| California | Scotts Valley Band of Pomo Indians of California | Scotts Valley Band of Pomo Indians Reconsideration DecisionReconsideration decision of the May 25, 2012 decision. |
Restored Lands | Disapproved | |
| California | Scotts Valley Band of Pomo Indians of California | Scotts Valley Band of Pomo Indians DecisionReconsideration requested. See September 19, 2013 Decision. |
Restored Lands | Disapproved | |
| California | Tejon Indian Tribe | Tejon Indian Tribe Two-Part Secretarial Determination
|
Two-Part Secretarial Determination | Approved | |
| Connecticut | Mohegan Tribe of Indians of Connecticut | Mohegan Tribe of Indians of Connecticut Decision |
Initial Reservation | Approved | |
| Indiana | Miami Tribe of Oklahoma | Miami Tribe of Oklahoma Decision |
Two-Part Secretarial Determination | Disapproved | |
| Indiana | Pokagon Band of Potawatomi Indians, Michigan and Indiana | Pokagon Band of Potawatomi Indians, Michigan and Indiana Decision |
Restored Lands | Approved | |
| Kansas | Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas | Kickapoo Tribe of Indian of the Kickapoo Reservation in Kansas Decision |
Within or Contiguous to Reservation Boundaries | Disapproved | |
| Kansas | Wyandotte Nation | Wyandotte Tribe of Oklahoma Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Louisiana | Tonawanda Band of Seneca | Tunica-Biloxi Indian Tribe Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Massachusetts | Mashpee Wampanoag Tribe | Mashpee Wampanoag Tribe DecisionAffirming September 18, 2015 decision following litigation in Littlefieldv. United States Dep 't of Interior, 199 F. Supp. 3d 391, 396 (D. Mass. 2016), aff'd sub nom. Littlefield v. Mashpee Wampanoag Indian Tribe, 951 F.3d 30 (1st Cir. 2020). |
Initial Reservation | Approved | |
| Michigan | Nottawaseppi Huron Band of the Potawatomi, Michigan | Nottawaseppi Huron Band of Potawatomi Indians Decision |
Initial Reservation | Approved | |
| Michigan | Keweenaw Bay Indian Community, Michigan | Keweenaw Bay Indian Community Decision
The Department approved the application in 2011. In 2013, the Governor of Michigan did not concur. |
Two-Part Secretarial Determination | Approved | |
| Michigan | Little Traverse Bay Bands of Odawa Indians, Michigan | Little Traverse Bay Bands of Odawa Indians Decision |
Restored Lands | Approved | |
| Michigan | Little Traverse Bay Bands of Odawa Indians, Michigan | Little Traverse Bay Bands of Odawa Indians Decision |
Restored Lands | Approved | |
| Michigan | Saginaw Chippewa Indian Tribe of Michigan | Saginaw Chippewa Indian Tribe Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Michigan | Keweenaw Bay Indian Community, Michigan | Keweenaw Bay Indian Community DecisionDepartmental approval May 9, 2000; Governor's Concurrence November 7, 2000. |
Two-Part Secretarial Determination | Approved |
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