C.F.R. » Title 25 » CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR › SUBCHAPTER N—ECONOMIC ENTERPRISES › PART 292—GAMING ON TRUST LANDS ACQUIRED AFTER OCTOBER 17, 1988 › Subpart C—Secretarial Determination and Governor's Concurrence

25 C.F.R. § 292.13

When can a tribe conduct gaming activities on newly acquired lands that do not qualify under one of the exceptions in subpart B of this part?

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A tribe may conduct gaming on newly acquired lands that do not meet the criteria in subpart B of this part only after all of the following occur:

(a) The tribe asks the Secretary in writing to make a Secretarial Determination that a gaming establishment on land subject to this part is in the best interest of the tribe and its members and not detrimental to the surrounding community;

(b) The Secretary consults with the tribe and appropriate State and local officials, including officials of other nearby Indian tribes;

(c) The Secretary makes a determination that a gaming establishment on newly acquired lands would be in the best interest of the tribe and its members and would not be detrimental to the surrounding community; and

(d) The Governor of the State in which the gaming establishment is located concurs in the Secretary's Determination (25 U.S.C. 2719(b)(1)(A)).

Notes of Decisions
Cited in 2 cases, 2016–2018 · leading case: Stand up for California v. State of Cal., 6 Cal. App. 5th 686 (Cal. Ct. App. 2016).
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Stand up for California v. State of Cal., 6 Cal. App. 5th 686 (Cal. Ct. App. 2016). · cites it 8× “§ 2719 (b)(1)(A); 25 C.F.R. § 292.13 .) By regulatory definition, such lands include not only those already held in trust, but also those that “will be taken” into trust.”
Cachil Dehe Band of Wintun v. Ryan Zinke, 889 F.3d 584 (9th Cir. 2018). “25 C.F.R. § 292.13 . The regulations specify that the “surrounding community means local governments and nearby Indian tribes located within a twenty-five-mile radius of the site of the proposed gaming establishment.”
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