IG10082 — Gaming on Tribal Lands: The Indian Gaming Regulatory Act’s “Restored Lands” Exception

/ Information as of July 3, 2025. Prepared by Mariel J. Murray, Specialist in Natural Resources Policy; Mainon A. Schwartz, Legislative Attorney; and Jamie Bush, Visual Information Specialist. 1 P.L. 100-497. 2 25 U.S.C. § 2719, 25 C.F.R. Part 292. 3 25 C.F.R. § 83.2. See also CRS Infographic IG10038, Federal Recognition of Indian Tribes: The Administrative Process, by Mainon A. Schwartz. Sources: Congressional Research Service based on 25 U.S.C. § 2719 and 25 C.F.R. Part 292. Gaming on Tribal Lands The Indian Gaming Regulatory Act’s “Restored Lands” Exception In 1988, Congress enacted the Indian Gaming Regulatory Act (IGRA), which generally prohibits gaming activities on lands taken into trust for a federally recognized Tribe after October 17, 1988 (newly acquired lands).1 One exception to this prohibition is the restored lands exception, described below.2 What Are Restored Lands? JUDICIAL DETERMINATION OR SETTLEMENT OR LEGISLATION Trust land is within specific geographic area where legislation directed land be taken into trust for the Tribe OR OR PART 83 PROCESS No initial reservation proclaimed after IGRA (October 17, 1988) AND Tribe shows connections to the newly acquired land Tribe shows connections to the newly acquired land Tribe shows connections to the newly acquired land A restored Tribe must also acquire new trust lands that satisfy one or more criteria before gaming may be permitted thereon. These criteria vary depending on how the Tribe’s recognition was restored. What Is a Restored Tribe? Federally recognized Tribes have a special government-to-government relationship with the United States. In the mid-1900s, Congress terminated some of these relationships. Some terminated Tribes later had federal recognition restored. A Tribe qualifies as a "restored Tribe" for IGRA purposes if it meets these three criteria: Previously federally recognized 01 Recognition terminated 02 by United States Recognition restored by United States through legislation, the Part 83 process,1 or judicial determination or settlement 03 Restored Tribe Restored Lands Gaming may be permitted on newly acquired lands under the IGRA restored lands exception if two conditions are met: the Tribe must be a (1) restored Tribe, and the newly acquired lands must be (2) restored lands. Tribal Connections to the Newly Acquired Land When a Tribe satisfies the restored lands criteria by showing connections to the newly acquired lands, the newly acquired lands must be located within the state or states where the Tribe is located and the Tribe must fulfill one criterion from each of the following three categories: The Tribe has a significant historical connection to the land (for example, the land is within the boundaries of the Tribe’s last reservation) The land is included in the Tribe's first request for newly acquired lands since the Tribe was restored to federal recognition The Tribe submitted an application to take the land into trust within 25 years after the Tribe was restored to federal recognition, and the Tribe is not gaming on other lands GEOGRAPHIC CONNECTION HISTORICAL CONNECTION TEMPORAL CONNECTION The land is within reasonable commuting distance of the Tribe's existing reservation If the Tribe has no reservation, the land is near where a significant number of tribal citizens reside The land is within a 25-mile radius of the Tribe's headquarters or other tribal governmental facilities that have existed at that location for at least two years at the time of the land-into-trust application The Tribe has a current connection to the land

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