Acquiring Land in Trust Status for Casino Gaming

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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.

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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: 

1. That a casino on this land is in the best interest of your tribe, and
2. 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: 

• Tribal Governance and Regulations
• Treaty Rights for Indian Tribes
• Natural Resource Management for Tribal Lands
• Cannabis and Hemp Production and Sales for Indian Tribes
• Environmental Protection and Cleanup on Tribal Lands to Protect Sacred Sites
• Trademarking Tribal Insignias and Symbols
• Resolving Tribal Enrollment and Disenrollment Disputes
• Tribal Housing Programs and Funding
• Tribal Healthcare and Strengthening Government Partnerships
• Doing Business in Indian Country
• Indian Child Welfare Protections
• Indian Gaming Compact Lawyers
• Breach of Trust for Tribes in the US Court of Federal Claims
• Federal Funding Opportunities for Tribes
• Tribal Fee to Trust Land Acquisition for Casino Gaming
• Gaining Federal Recognition for Native American Indian Tribes
• Misuse of Railway Easements on Indian Tribal Lands
• SBA 8(a) Certification for Indian Tribes and Native American Business Owners
• Federal Takings Claims on Native American Indian Reservations
• Land Allotments
• Native American Indian Renewable Energy Development
• Wind Energy Ventures
• Native American Tribes and Employment Law

Content Reviewed by Kehl Van Winkle – Indian Law

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. 

Kehl Van Winkle’s Attorney Bio

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