Archive - Jun 2008
June 26th
Posted by Kathryn and Steve
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Jun
26
2008
In this Cape Cod Times article, Kathryn is quoted on the impact of the NIGC's decision to withdraw the most controversial proposed Class II regulations, as well as the impact of the new "Section 20" regulations issued by the Interior Department, on the Mashpee Wampanoag's efforts to open a casino in Massachusetts.
June 24th
Posted by Kathryn and Steve
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Jun
24
2008
So here we go with the “best interests” exception, otherwise known as the “two-part determination.” Follow this:
June 19th
Posted by Kathryn and Steve
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Jun
19
2008
Still more in our series on the National Indian Gaming Commission’s new “Section 20” regulations concerning gaming on newly acquired lands:
In section 2719(b), IGRA creates an exception for "lands are taken into trust as part of . . . (iii) the restoration of lands for an Indian tribe that is restored to Federal recognition." The new regulations, in 25 C.F.R. sections 292.7 to 292.12, set out the requirements for the restored lands exception.
June 18th
Posted by Kathryn and Steve
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Jun
18
2008
More on the National Indian Gaming Commission’s new “Section 20” regulations concerning gaming on newly acquired lands:
In section 2719(b), IGRA creates an exception for "lands are taken into trust as part of . . . (ii) the initial reservation of an Indian tribe acknowledged by the Secretary under the Federal acknowledgment process." In 25 C.F.R. section 292.6, the new regulations set forth four conditions for meeting the initial reservation exception.
June 17th
Posted by Kathryn and Steve
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Jun
17
2008
The Interior Department's new "Section 20" regulations clarify when settlement lands will meet the exception to IGRA's general prohibition against gaming on newly acquired lands. In section 2719(b), IGRA creates an exception for "lands are taken into trust as part of . . . (i) a settlement of a land claim."
June 11th
Posted by Kathryn and Steve
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Jun
11
2008
In section 2719 (or, as it's often called, "Section 20," in reference to the numbering of the statutory sections in bill form), the federal Indian Gaming Regulatory Act (IGRA) sets forth a general prohibition against tribal gaming on trust lands acquired after IGRA's date of enactment:
Except as provided in subsection (b) of this section, gaming regulated by this chapter shall not be conducted on lands acquired by the Secretary in trust for the benefit of an Indian tribe after October 17, 1988 . . . .
June 9th
Posted by Kathryn and Steve
| Filed under:
Jun
9
2008
On May 19, the NIGC, through its acting general counsel, issued two opinions on whether particular land satisfied IGRA's "Indian land" requirement, so that the tribe could conduct gaming on the land.