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 | Timbisha Shoshone Tribe | Timbisha Shoshone Tribe Decision |
Initial Reservation | Approved | |
| California | Wilton Rancheria, California | Wilton Rancheria Decision |
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 | Tule River Indian Tribe of the Tule River Reservation, California | Tule River Indian Tribe of the Tule River Reservation Decision |
Two-Part Secretarial Determination | Approved | |
| California | Tejon Indian Tribe | Tejon Indian Tribe Two-Part Secretarial Determination |
Two-Part Secretarial Determination | Approved | |
| California | Tejon Indian Tribe | Tejon Indian Tribe Decision |
Two-Part Secretarial Determination | 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 | 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 | 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 | Big Lagoon Rancheria, California | Big Lagoon Rancheria Decision |
Two-Part Secretarial Determination | Disapproved | |
| California | Chemehuevi Indian Tribe of the Chemehuevi Reservation, California | Chemehuevi Indian Tribe Decision |
Two-Part Secretarial Determination | Disapproved | |
| Connecticut | Mohegan Tribe of Indians of Connecticut | Mohegan Tribe of Indians of Connecticut Decision |
Initial Reservation | Approved | |
| Indiana | Pokagon Band of Potawatomi Indians, Michigan and Indiana | Pokagon Band of Potawatomi Indians, Michigan and Indiana Decision |
Restored Lands | Approved | |
| Indiana | Miami Tribe of Oklahoma | Miami Tribe of Oklahoma Decision |
Two-Part Secretarial Determination | Disapproved | |
| Kansas | Wyandotte Nation | Wyandotte Tribe of Oklahoma Decision |
Within or Contiguous to Reservation Boundaries | 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 | |
| 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 | Keweenaw Bay Indian Community, Michigan | Keweenaw Bay Indian Community DecisionThe Department approved the application in 2011. In 2013, the Governor of Michigan did not concur. |
Two-Part Secretarial Determination | Approved | |
| Michigan | Nottawaseppi Huron Band of the Potawatomi, Michigan | Nottawaseppi Huron Band of Potawatomi Indians Decision |
Initial Reservation | Approved | |
| Michigan | Hannahville Indian Community, Michigan | Hannahville Indian Community DecisionDenied January 4, 2008; withdrawn January 25, 2012. |
Two-Part Secretarial Determination | Disapproved | |
| Michigan | Saginaw Chippewa Indian Tribe of Michigan | Saginaw Chippewa Indian Tribe Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Michigan | Sault Ste. Marie Tribe of Chippewa Indians, Michigan | Sault Ste. Marie Tribe of Chippewa Indians DecisionDepartment approval and letter to governor, Aug. 18, 1994; Governor's non-concurrence, Sept. 7, 1994. |
Two-Part Secretarial Determination | Approved | |
| Michigan | Pokagon Band of Potawatomi Indians, Michigan and Indiana | Pokagon Band of Potawatomi Indians, Michigan and Indiana Decision |
Restored Lands | Approved | |
| Michigan | Little River Band of Ottawa Indians, Michigan | Little River Band of Ottawa Indians Decision |
Two-Part Secretarial Determination | Approved |
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