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 | Confederated Tribes of Siletz Indians of Oregon | Confederated Tribes of Siletz Indians of Oregon Decision |
Restored Lands | Approved | |
| 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 Decision |
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 |
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 Decision |
Two-Part Secretarial Determination | Approved | |
| Washington | Cowlitz Indian Tribe | Cowlitz Indian Tribe Decision |
Initial Reservation | Approved | |
| Washington | Confederated Tribes of the Colville Reservation | Colville Tribes Fee-to-Trust and Casino Project, Franklin County, Washington |
Two-Part Secretarial Determination | Pending | |
| Washington | Nisqually Indian Tribe | Nisqually Quiemuth Casino-Resort and Fee-to-Trust Project |
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 Decision |
Two-Part Secretarial Determination | Approved |
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