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 B—Exceptions to Prohibitions on Gaming on Newly Acquired Lands

25 C.F.R. § 292.3

How does a tribe seek an opinion on whether its newly acquired lands meet, or will meet, one of the exceptions in this subpart?

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(a) If the newly acquired lands are already in trust and the request does not concern whether a specific area of land is a “reservation,” the tribe may submit a request for an opinion to either the National Indian Gaming Commission or the Office of Indian Gaming.

(b) If the tribe seeks to game on newly acquired lands that require a land-into-trust application or the request concerns whether a specific area of land is a “reservation,” the tribe must submit a request for an opinion to the Office of Indian Gaming.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2011–2022 · 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). “The panel rejected Colusa’s facial and as-applied challenges to the implementing regulation, 25 C.F.R. § 292.3 , which mandated consultation with communities within twenty-five miles of the proposed trust acquisition, and concluded that Colusa was given an opportunity to consult.”
Gila River Indian Cmty. v. United States, 776 F. Supp. 2d 977 (D. Ariz. 2011). · cites it 3× “Consistent with regulations implementing IGRA, 25 C.F.R. §§ 292.3 , 292.5, the Nation requested that DOI issue an “Indians lands opinion” confirming that, once held in trust, the 135-acre parcel met the requirements of IGRA’s “settlement of a land claim” exception for gaming…”
Scotts Valley Band of Pomo Indians v. United States Dep't of the Interior (D.D.C. 2022). “Since a tribe that seeks to game on newly acquired lands must submit a request for an opinion to the Office of Indian Gaming, 25 C.F.R. § 292.3 , and the Office of Indian Gaming reports directly to the PDAS, the Manual and the structure of the agency support the conclusion that…”
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