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

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

Gaming on Tribal Lands: The Indian Gaming Regulatory Act's "Restored Lands" Exception

July 3, 2025 (IG10082)

Summary

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