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If your tribe wants to put land in trust for a casino or other gaming purposes, you’ll need attorneys who understand the law to guide you through the process. According to the Indian Gaming Regulatory Act (or “IGRA”), tribes cannot use land to develop a casino gaming business if the land was acquired in trust after October 17, 1988.
Exceptions to the Indian Gaming Regulatory Act Rules for “After-Acquired” Land
Land acquired by a Tribe after that date is called “after-acquired land,” and it falls under the rules of the IGRA. But there are some exceptions:
- If the new land is inside or touching the borders of your tribe’s reservation as it was on October 17, 1988, you can use it for a casino.
- The same is true for tribes that didn’t have a reservation on that date but the property is within their former reservation’s borders or is next to land they owned when IGRA was enacted.
- According to IGRA, your tribe can game on land it acquired after October 17, 1988, if the land was part of a land claim settlement, or
- If it’s the first reservation of a tribe that the Secretary of the Interior has recognized under 25 C.F.R. pt 83, or
- If the land is being restored to a tribe that was terminated and then restored.
Talk to Our Indian Law Attorneys About Your Tribe’s Legal Needs at No Cost
Exception for Two Part Determination Process
There’s one more exception, called the “two-part determination” process. In this case, the Secretary of the Interior consults with the tribal applicant, the state where the land is located, local governments, and other nearby tribes. They all need to agree on two things:
- That a casino on this land is in the best interest of your tribe, and
- That a casino or gaming business won’t hurt the community around it.
The state’s Governor must also agree with the decision of the Secretary of the Interior.
In addition, the process for acquiring land for gaming also involves separate regulations about how to apply for trust land.
How the Attorneys at mctlaw Can Help with Acquiring Land in Trust for Gaming
The Indian law attorneys at mctlaw represent Tribal clients through this entire complex process. Our experience includes serving in the Office of the Solicitor at the Department of the Interior, and in the General Counsel’s Office at the National Indian Gaming Commission. They’ve written opinions on land claims, initial reservations, and land restorations, and they’ve helped review and approve applications for the “two-part determination” process.
Contact us if your tribe needs help acquiring land in trust for a casino or gaming purposes to discuss your options and the best way to successfully achieve your Tribe’s goals.
Our team of experienced Indian Law attorneys can help with matters like:
- Indian gaming compacts, regulation and compliance
- Tribal cannabis and hemp regulation
- Tribal Governance and Drafting Statutes and Regulations
- Tribal Self-Determination and Self-Governance contracting and compacting with the Department of the Interior (DOI) and the Indian Health Service (IHS)
- Structuring or Restructuring Tribal Courts and Obtaining Funding from the Bureau of Indian Affairs (BIA) and the U.S. Department of Justice (DOI)
- Creating and Implementing Tribal Housing Programs and Obtaining NAHASDA Funding from the U.S. Department of Housing and Urban Development (HUD)
- Litigating Breach of Trust and Takings Claims
- Enforcing Treaty Rights
- Oil & Gas Royalty Disputes
- Individual Indian Money Account Issues
- Natural Resource Management for Tribal Lands
- Environmental Protection and Cleanup on Tribal Lands
- Resolving Tribal Enrollment and Disenrollment Disputes
- Fee-to-Trust Land Acquisitions
- Federal Recognition for Native American Indian Tribes
- Misuse of Railway Easements on Indian Tribal Lands
- Issues with Jurisdiction Over Land Allotments
- Protecting the rights of individual Indian landowners
- Operating as an Indian Reorganization Act (IRA) Section 17 Corporation, a Tribally Chartered Corporation, or an Alaska Native Corporation
Kehl Van Winkle is an attorney at mctlaw based in the Seattle, WA office. His legal practice focuses on Indian Law. Mr. Van Winkle earned his Juris Doctor degree from Lewis & Clark Law School in Portland, Oregon. Mr. Van Winkle worked as an in-house attorney for the Sauk-Suiattle Indian Tribe where he represented the Tribe in a variety of economic development projects, including the opening of a casino and a marijuana dispensary. He also represented the Tribe in State and Tribal Court on Indian Child Welfare Act cases and served as the prosecuting attorney for the Tribe in Tribal Court.
