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 |
|---|---|---|---|---|---|
| Michigan | Nottawaseppi Huron Band of the Potawatomi, Michigan | Nottawaseppi Huron Band of Potawatomi Indians Decision |
Initial Reservation | Approved | |
| Michigan | Match-E-Be-Nash-She-Wish Band of Pottawatomi (previously listed as Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of Michigan) | Match-E-Be-Nash-E-Wish Band (Gun Lake Tribe) of Pottawatomi Indians Decision |
Initial Reservation | Approved | |
| Michigan | Little River Band of Ottawa Indians, Michigan | Little River Band of Ottawa Indians Governor's Six-Month Extension Decision |
Two-Part Secretarial Determination | Approved | |
| Michigan | Little River Band of Ottawa Indians, Michigan | Little River Band of Ottawa Indians Decision |
Two-Part Secretarial Determination | Approved | |
| Michigan | Little River Band of Ottawa Indians, Michigan | Little River Band of Ottawa Indians Decision |
Restored Lands | Approved | |
| Michigan | Keweenaw Bay Indian Community, Michigan | Keweenaw Bay Indian Community Decision |
Two-Part Secretarial Determination | Approved | |
| Michigan | Hannahville Indian Community, Michigan | Hannahville Indian Community Decision |
Disapproved | ||
| Minnesota | Minnesota Chippewa Tribe - Mille Lacs Band | White Earth Band of the Minnesota Chippewa Tribe Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Minnesota | Minnesota Chippewa Tribe - Mille Lacs Band | White Earth Band of the Minnesota Chippewa Tribe Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Minnesota | Prairie Island Indian Community in the State of Minnesota | Prairie Island Indian Community Decision |
Approved | ||
| Missouri | The Osage Nation | The Osage Nation Lake Ozark Casino Resort Project |
Two-Part Secretarial Determination | Pending | |
| Mississippi | Mississippi Band of Choctaw Indians | Mississippi Band of Choctaw Indians Decision |
Two-Part Secretarial Determination | Disapproved | |
| Montana | Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana | Northern Cheyenne Tribe of Montana Decision |
Two-Part Secretarial Determination | Approved | |
| North Dakota | Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, South Dakota | Sisseton-Wahpeton Oyate of the Lake Traverse Reservation Decision |
Within Last Recognized Reservation | Approved | |
| Nebraska | Ponca Tribe of Nebraska | Ponca Tribe of Nebraska Decision |
Restored Lands | Approved | |
| Nebraska | Santee Sioux Nation, Nebraska | Santee Sioux Tribe Decision |
Disapproved | ||
| New Mexico | Pueblo of Jemez, New Mexico | Pueblo of Jemez Decision |
Two-Part Secretarial Determination | Disapproved | |
| New Mexico | Pueblo of Jemez, New Mexico | Pueblo of Jemez Decision |
Disapproved | ||
| New York | Seminole Tribe of Florida | Seneca Nation of Indians of New York Decision |
Settlement of a Land Claim | Approved | |
| New York | St. Regis Mohawk Decision |
Two-Part Secretarial Determination | Approved | ||
| New York | Rappahannock Tribe, Inc. | Saint Regis Mohawk Tribe Decision |
Two-Part Secretarial Determination | Disapproved | |
| New York | Oneida Indian Nation | Oneida Indian Nation Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| New York | Oneida Indian Nation | Oneida Indian Nation Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| New York | Cayuga Nation | Cayuga Indian Nation of New York Decision |
Disapproved | ||
| New York | Cayuga Nation | Cayuga Indian Nation of New York Decision |
Within or Contiguous to Reservation Boundaries | Approved |
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