When should a tribe seek an Indian lands determination from the NIGC?
Indian gaming must occur on “Indian lands,” as defined by IGRA. Indian lands include land within the boundaries of a reservation as well as land held in trust or restricted status by the United States on behalf of a tribe or an individual Indian, over which a tribe has jurisdiction and exercises governmental power. IGRA generally prohibits Indian gaming on lands acquired after October 17, 1988. However, there are certain exceptions to this prohibition. See 25 U.S.C. ยง 2719. If a tribe is uncertain as to whether the land on which they intend to game qualifies as “Indian lands,” it should seek an advisory opinion from the NIGC prior to initiating gaming. Furthermore, tribes should notify the NIGC whenever they plans to open a new facility so that the NIGC may assure that the operation will be located on Indian lands.
