Off-Reservation Gaming
More from Massachusetts
Off-Reservation Gaming 101
First, of course, is that common usage of the term "off-reservation gaming" usually means gaming on newly acquired lands. That is, people commonly say "off-reservation casino" to refer to any effort to open a gaming establishment on new lands. Often, those lands actually have some tie to the tribe's reservation, so the "off-reservation" part is something of a misnomer. "Gaming on newly acquired lands" is more accurate, but apparently it's too much of a mouthful for most people. With that little lecture on legal terminology out of the way, let's move on to some basic rules.
Will the Obama Administration Be Open to Off-Reservation Gaming?
Reconsidering Commutable Distance
Now the Obama administration's Interior Department is taking another look at the memo. Calling the issue of off-reservation land acquisitions "important" and "controversial," deputy assistant secretary George Skibine predicted a relatively quick decision on whether to change current policy and practice under the memo.
The Buffalo Creek Casino Case: The NIGC's Actions
New "Section 20" Regulations: The Best Interests Exception
New "Section 20" Regulations: Restored Lands Exception
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.
