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