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 |
|---|---|---|---|---|---|
| Oregon | Klamath Tribes | Klamath Tribes of Oregon Decision |
Within Last Recognized Reservation | Approved | |
| Oregon | Coquille Indian Tribe | Coquille Indian Tribe Decision Withdraw Remand |
Two-Part Secretarial Determination | Disapproved | |
| Oregon | Coquille Indian Tribe | Coquille Indian Tribe Decision |
Approved | ||
| Oregon | Coquille Indian Tribe | Coquille Indian Tribe Decision |
Restored Lands | Approved | |
| Oregon | Coquille Indian Tribe | Coquille Indian Tribe Decision |
Restored Lands | Disapproved | |
| Oregon | Confederated Tribes of the Grand Ronde Community of Oregon | Confederated Tribes of the Grand Ronde Community Decision |
Restored Lands | Approved | |
| Oregon | Confederated Tribes of Siletz Indians of Oregon | Confederated Tribes of Siletz Indians of Oregon DecisionDepartment approval and letter to governor, Nov. 6, 1992; Governor's non-concurrence, Nov. 20, 1992. |
Two-Part Secretarial Determination | Approved | |
| Oregon | Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians | Confederated Tribes of Coos, Lower Umpqua and Suislaw Indians Decision |
Restored Lands | Disapproved | |
| South Carolina | Catawba Indian Nation (aka Catawba Indian Tribe of South Carolina) | Catawba Indian Nation Decision |
Restored Lands | Approved | |
| Washington | Muckleshoot Indian Tribe | Muckleshoot Indian Tribe Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Washington | Skokomish Indian Tribe | Skokomish Indian Tribe of Washington Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Washington | Suquamish Indian Tribe of the Port Madison Reservation | Suquamish Tribe of Washington Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Washington | Suquamish Indian Tribe of the Port Madison Reservation | Suquamish Tribe Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Washington | Spokane Tribe of the Spokane Reservation | Spokane Tribe of Indians Decision |
Two-Part Secretarial Determination | Approved | |
| Washington | Snoqualmie Indian Tribe | Snoqualmie Tribe of Washington Decision |
Initial Reservation | Approved | |
| Washington | Skokomish Indian Tribe | Skokomish Indian Tribe of Washington Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Washington | Puyallup Tribe of the Puyallup Reservation | Puyallup Tribe of the Puyallup Reservation Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Washington | Puyallup Tribe of the Puyallup Reservation | Puyallup Tribe of the Puyallup Reservation Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Washington | Kalispel Indian Community of the Kalispel Reservation | Kalispel Tribe of Indians of Washington DecisionTwo-Part Secretarial Determination approved Aug. 19, 1997; Governor's Concurrence June 26, 1998. |
Two-Part Secretarial Determination | Approved | |
| Washington | Cowlitz Indian Tribe | Cowlitz Indian Tribe DecisionRecord of Decision remanded by United States District Court for the District of Columbia on March 13, 2013. New Record of Decision issued April 22, 2013, in accordance with sixty (60) day mandated of court. |
Initial Reservation | Approved | |
| Washington | Confederated Tribes of the Colville Reservation | Colville Tribes Fee-to-Trust and Casino Project, Franklin County, WashingtonEnvironmental Impact Statement |
Two-Part Secretarial Determination | Pending | |
| Washington | Nisqually Indian Tribe | Nisqually Quiemuth Casino-Resort and Fee-to-Trust ProjectThe Bureau of Indian Affairs (BIA) has initiated the preparation of an Environmental Impact Statement (EIS) to analyze the potential environmental consequences of the Nisqually Indian Tribe’s (Nisqually Tribe) application for a proposed fee-to-trust transfer of approximately 74 acres in the City of Lacey, Thurston County, Washington, for gaming purposes (federal proposed action). |
Two-Part Secretarial Determination | Pending | |
| Washington | Puyallup Tribe of the Puyallup Reservation | Puyallup Tribe of the Puyallup Reservation |
Within or Contiguous to Reservation Boundaries | Approved | |
| Wisconsin | Forest County Potawatomi Community, Wisconsin | Forest County Potawatomi Community DecisionDepartment approval and letter to governor, July 10, 1990; Governor's concurrence, July 24, 1990. |
Two-Part Secretarial Determination | Approved | |
| Wisconsin | Stockbridge Munsee Community, Wisconsin | Stockbridge Munsee Community DecisionDenied January 4, 2008; withdrawn October 15, 2015. |
Two-Part Secretarial Determination | Disapproved |
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