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 |
|---|---|---|---|---|---|
| Wisconsin | Stockbridge Munsee Community, Wisconsin | Stockbridge Munsee Community Decision |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Oneida Nation | Oneida Nation Decision |
Within or Contiguous to Reservation Boundaries | Approved | |
| Wisconsin | Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin | Lac du Flambeau Band of Lake Superior Chippewa Indians Decision |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin | Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Sokaogon Chippewa Community, and Red Cliff Band of Lake Superior Chippewa Indians Decision |
Two-Part Secretarial Determination | Approved | |
| Wisconsin | Ho-Chunk Nation of Wisconsin | Ho-Chunk Nation of Wisconsin Decision |
Two-Part Secretarial Determination | Approved | |
| Wisconsin | Ho-Chunk Nation of Wisconsin | Ho-Chunk Nation of Wisconsin Decision |
Two-Part Secretarial Determination | Approved | |
| Wisconsin | Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin | Bad River Band of Lake Superior Chippewa Decision |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Menominee Indian Tribe of Wisconsin | Menominee Indian Tribe of Wisconsin Decision |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin | Red Cliff Band of Lake Superior Chippewa Decision |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin | Lac Courte Oreilles Band of Lake Superior Chippewa Indians Decision |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | Sokaogon Chippewa Community, Wisconsin | Sokaogon Chippewa Community Decision |
Two-Part Secretarial Determination | Disapproved | |
| Wisconsin | St. Croix Chippewa Indians of Wisconsin | St. Croix Chippewa Tribe Decision |
Two-Part Secretarial Determination | Disapproved | |
| Wyoming | Northern Arapaho Tribe of the Wind River Reservation, Wyoming | Arapaho Tribe of the Wind River Reservation Decision |
Within or Contiguous to Reservation Boundaries | Approved |
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