25 C.F.R. § 292.15
May a tribe apply for a Secretarial Determination for lands not yet held in trust?
Yes. A tribe can apply for a Secretarial Determination under § 292.13 for land not yet held in trust at the same time that it applies under part 151 of this chapter to have the land taken into trust.
Notes of Decisions
Cited in 2
cases, 2012–2016 · leading case: Stand up for California v. State of Cal., 6 Cal. App. 5th 686 (Cal. Ct. App. 2016).
Stand up for California v. State of Cal., 6 Cal. App. 5th 686 (Cal. Ct. App. 2016). “( 25 C.F.R. § 292.15 .) The history of the applications relating to the casino site proposed by North Fork is set forth in part II, post.”
KG Urban Enter., LLC v. Patrick, 693 F.3d 1 (1st Cir. 2012). “” 25 C.F.R. § 292.15 . In sum, whether § 91 is “authorized” by the IGRA such that it falls within Yakima and is subject to only rational basis review is far from clear, presents a difficult question of statutory interpretation, and implicates a practice of the Secretary of the…”
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