25 C.F.R. § 292.7
What must be demonstrated to meet the “restored lands” exception?
This section contains criteria for meeting the requirements of 25 U.S.C. 2719(b)(1)(B)(iii), known as the “restored lands” exception. Gaming may occur on newly acquired lands under this exception only when all of the following conditions in this section are met:
(a) The tribe at one time was federally recognized, as evidenced by its meeting the criteria in § 292.8;
(b) The tribe at some later time lost its government-to-government relationship by one of the means specified in § 292.9;
(c) At a time after the tribe lost its government-to-government relationship, the tribe was restored to Federal recognition by one of the means specified in § 292.10; and
(d) The newly acquired lands meet the criteria of “restored lands” in § 292.11.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2019–2022 · leading case: Koi Nation of N. Cal. v. U.S. Dep't of the Interior, 361 F. Supp. 3d 14 (D.C. Cir. 2019).
Koi Nation of N. Cal. v. U.S. Dep't of the Interior, 361 F. Supp. 3d 14 (D.C. Cir. 2019). “This final exception, known as the "restored lands" exception, see 25 C.F.R. § 292.7 , "helps ensure 'that tribes lacking reservations when [the statute] was enacted are not disadvantaged relative to more established ones,' " Butte Cty.”
Scotts Valley Band of Pomo Indians v. United States Dep't of the Interior (D.D.C. 2022). “the restoration of lands for an Indian tribe that is restored to Federal recognition.”
Stand Up for California! v. United States Dep't of Interior (D.D.C. 2019). “” 25 C.F.R. § 292.7 . Each of the four conditions also references a later section in the regulation, which the Court analyzes below.”
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