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 A—General Provisions

25 C.F.R. § 292.2

How are key terms defined in this part?

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For purposes of this part, all terms have the same meaning as set forth in the definitional section of IGRA, 25 U.S.C. 2703. In addition, the following terms have the meanings given in this section.

Appropriate State and local officials means the Governor of the State and local government officials within a 25-mile radius of the proposed gaming establishment.

BIA means Bureau of Indian Affairs.

Contiguous means two parcels of land having a common boundary notwithstanding the existence of non-navigable waters or a public road or right-of-way and includes parcels that touch at a point.

Former reservation means lands in Oklahoma that are within the exterior boundaries of the last reservation that was established by treaty, Executive Order, or Secretarial Order for an Oklahoma tribe.

IGRA means the Indian Gaming Regulatory Act of 1988, as amended and codified at 25 U.S.C. 2701-2721.

Indian tribe or tribe means any Indian tribe, band, nation, or other organized group or community of Indians that is recognized by the Secretary as having a government-to-government relationship with the United States and is eligible for the special programs and services provided by the United States to Indians because of their status as Indians, as evidenced by inclusion of the tribe on the list of recognized tribes published by the Secretary under 25 U.S.C. 479a-1.

Land claim means any claim by a tribe concerning the impairment of title or other real property interest or loss of possession that:

(1) Arises under the United States Constitution, Federal common law, Federal statute or treaty;

(2) Is in conflict with the right, or title or other real property interest claimed by an individual or entity (private, public, or governmental); and

(3) Either accrued on or before October 17, 1988, or involves lands held in trust or restricted fee for the tribe prior to October 17, 1988.

Legislative termination means Federal legislation that specifically terminates or prohibits the government-to-government relationship with an Indian tribe or that otherwise specifically denies the tribe, or its members, access to or eligibility for government services.

Nearby Indian tribe means an Indian tribe with tribal Indian lands located within a 25-mile radius of the location of the proposed gaming establishment, or, if the tribe has no trust lands, within a 25-mile radius of its government headquarters.

Newly acquired lands means land that has been taken, or will be taken, in trust for the benefit of an Indian tribe by the United States after October 17, 1988.

Office of Indian Gaming means the office within the Office of the Assistant Secretary-Indian Affairs, within the Department of the Interior.

Regional Director means the official in charge of the BIA Regional Office responsible for BIA activities within the geographical area where the proposed gaming establishment is to be located.

Reservation means:

(1) Land set aside by the United States by final ratified treaty, agreement, Executive Order, Proclamation, Secretarial Order or Federal statute for the tribe, notwithstanding the issuance of any patent;

(2) Land of Indian colonies and rancherias (including rancherias restored by judicial action) set aside by the United States for the permanent settlement of the Indians as its homeland;

(3) Land acquired by the United States to reorganize adult Indians pursuant to statute; or

(4) Land acquired by a tribe through a grant from a sovereign, including pueblo lands, which is subject to a Federal restriction against alienation.

Secretarial Determination means a two-part determination that a gaming establishment on newly acquired lands:

(1) Would be in the best interest of the Indian tribe and its members; and

(2) Would not be detrimental to the surrounding community.

Secretary means the Secretary of the Interior or authorized representative.

Significant historical connection means the land is located within the boundaries of the tribe's last reservation under a ratified or unratified treaty, or a tribe can demonstrate by historical documentation the existence of the tribe's villages, burial grounds, occupancy or subsistence use in the vicinity of the land.

Surrounding community means local governments and nearby Indian tribes located within a 25-mile radius of the site of the proposed gaming establishment. A local government or nearby Indian tribe located beyond the 25-mile radius may petition for consultation if it can establish that its governmental functions, infrastructure or services will be directly, immediately and significantly impacted by the proposed gaming establishment.

Notes of Decisions
Cited in 22 cases (4 in the last 5 years), 2008–2022 · leading case: Cachil Dehe Band of Wintun v. Ryan Zinke, 889 F.3d 584 (9th Cir. 2018).
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Cachil Dehe Band of Wintun v. Ryan Zinke, 889 F.3d 584 (9th Cir. 2018). · cites it 6× “25 C.F.R. § 292.2 . Colusa describes three alleged errors in this process.”
Stand Up for California! v. United States Dep't of the Interior, 879 F.3d 1177 (D.C. Cir. 2018). · cites it 5× “3957, it determined, pursuant to IGRA regulations unchallenged by the Picayune, that the tribe was not part of the “surrounding community,” 25 C.F.R. § 292.2 , and so assigned its concerns “less weight than comments submitted by communities and tribes that f[e]ll within the…”
Stand Up for California! v. U.S. Dep't of the Interior, 919 F. Supp. 2d 51 (D.D.C. 2013). · cites it 7× “” 25 C.F.R. § 292.2 . This same definition further states that “[a] local government or nearby Indian tribe located beyond the 25-mile radius may petition for consultation if it can establish that its governmental functions, infrastructure or services will be directly,…”
State of Arizona v. Tohono O'Odham Nation, 818 F.3d 549 (9th Cir. 2016). · cites it 2× “nd base their argument on a Department of the Interior (“DOI”) regulation that defines a “land claim” as follows: Land claim means any claim by a tribe concerning the impairment of title or other real property interest or loss of possession that: (1) Arises under the United…”
Stand up for California v. State of Cal., 6 Cal. App. 5th 686 (Cal. Ct. App. 2016). · cites it 4× “” ( 25 C.F.R. § 292.2 .) The regulations allow the Secretary to streamline the process for taking lands into trust for the purpose of allowing gaming to occur.”
Confederated Tribes of the Grand Ronde Cmty. of Oregon v. Jewell, 75 F. Supp. 3d 387 (D.D.C. 2014). · cites it 4× “” 13 25 C.F.R. § 292.2 . As the Secretary determined, the regulations do not define the term “vicinity.”
Redding Rancheria v. Kenneth Salazar, 776 F.3d 706 (9th Cir. 2015). · cites it 2× “2 The motion stated: The Assistant Secretary’s Decision that the Tribe’s request must be denied was based on the conclusion that the Property did not meet the requirements of the Regulations, in particular 25 C. F. R. §§ 292.2 and 292.7–292.12. The validity of the Decision,…”
Kalispel Tribe of Indians v. Usdoi, 999 F.3d 683 (9th Cir. 2021). · cites it 3× “” 25 C.F.R. § 292.2 . It is uncontested that Kalispel is a part of the surrounding community.”
Citizens Against Casino Gambling v. Chaudhuri, 802 F.3d 267 (2d Cir. 2015). “” 25 C.F.R. § 292.2 . The DOI explained that it specifically declined to include restricted fee lands in this definition because Section 20 “refers only to lands acquired in trust” and “[t]he omission of restricted fee from [Section 20] is considered purposeful, because Congress…”
Arizona v. Tohono O'Odham Nation, 944 F. Supp. 2d 748 (D. Ariz. 2013). · cites it 2× “” 25 C.F.R. § 292.2 . This definition includes claims for title and possession as Plaintiffs contend, but it also includes claims for impairment of “other real property interest[s].”
Citizens Against Casino Gambling v. Stevens, 945 F. Supp. 2d 391 (W.D.N.Y. 2013). “25 C.F.R. § 292.2 . The regulations further provide that the “settlement of a land claim” exception applies if the land at issue is: [acquired under a settlement of a land claim that resolves or extinguishes with finality the tribe’s land claim in whole or in part, thereby…”
Sault Ste. Marie Tribe of Chippewa Indians v. United States, 576 F. Supp. 2d 838 (W.D. Mich. 2008). · cites it 4× “The new regulations interpreting the IGRA, which became effective on June 19, 2008 — well after the February 14th Opinion — state in relevant part: Reservation means: (1) Land set aside by the United States by final ratified treaty, agreement, Executive Order, Proclamation,…”
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