Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 25 - Indians |
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 |
“Restored Lands” Exception |
§ 292.11 - What are “restored lands”?
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§ 292.11 What are “restored lands”?
For newly acquired lands to qualify as ”restored lands” for purposes of § 292.7, the tribe acquiring the lands must meet the requirements of paragraph (a), (b), or (c) of this section.
(a) If the tribe was restored by a Congressional enactment of legislation recognizing, acknowledging, affirming, reaffirming, or restoring the government-to-government relationship between the United States and the tribe, the tribe must show that either:
(1) The legislation requires or authorizes the Secretary to take land into trust for the benefit of the tribe within a specific geographic area and the lands are within the specific geographic area; or
(2) If the legislation does not provide a specific geographic area for the restoration of lands, the tribe must meet the requirements of § 292.12.
(b) If the tribe is acknowledged under § 83.8 of this chapter, it must show that it:
(1) Meets the requirements of § 292.12; and
(2) Does not already have an initial reservation proclaimed after October 17, 1988.
(c) If the tribe was restored by a Federal court determination in which the United States is a party or by a court-approved settlement agreement entered into by the United States, it must meet the requirements of § 292.12.