Off-Reservation Native American Gaming: An Examination of the Legal and Political Hurdles

Authors

• Heidi McNeil Staudenmaier

Abstract

The Indian Gaming Regulatory Act of 1988 ("IGRA") permits Native American Tribes to conduct gaming on land acquired outside of the tribe's traditional reservation or other trust lands. However, before a tribe may undertake gaming on such "off-reservation" lands - unless another exception applies - the tribe must first obtain a determination from the United States Secretary of the Interior ("Secretary") that the proposed gaming operation (1) will be in the "best interest" of the tribe and its members, and (2) will not be "detrimental" to the surrounding community. More importantly, the governor of the state in which such lands are located must concur in the Secretary's determination.

This article will examine the "land-into-trust" process for gaming purposes with respect to the legal issues involved, as well as related internet implications and opportunities.

Recommended Citation

Heidi M. Staudenmaier, Off-Reservation Native American Gaming: An Examination of the Legal and Political Hurdles, 4 Nev. L.J. 301 (2004).
Available at: https://scholars.law.unlv.edu/nlj/vol4/iss2/5