CFR > Title 25 - Indians > CHAPTER I—BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR > SUBCHAPTER N—ECONOMIC ENTERPRISES (parts 286 to 293) > PART 292—GAMING ON TRUST LANDS ACQUIRED AFTER OCTOBER 17, 1988 > SUBPART B—Exceptions to Prohibitions on Gaming on Newly Acquired Lands (§292.3 to §292.12) > 292.4—What criteria must newly acquired lands meet under the exceptions regarding tribes with and without a reservation?

292.4—What criteria must newly acquired lands meet under the exceptions regarding tribes with and without a reservation?

For gaming to be allowed on newly acquired lands under the exceptions in 25 U.S.C. 2719(a) of IGRA, the land must meet the location requirements in either paragraph (a) or paragraph (b) of this section.
(a) If the tribe had a reservation on October 17, 1988, the lands must be located within or contiguous to the boundaries of the reservation.
(b) If the tribe had no reservation on October 17, 1988, the lands must be either:
(1) Located in Oklahoma and within the boundaries of the tribe's former reservation or contiguous to other land held in trust or restricted status for the tribe in Oklahoma; or
(2) Located in a State other than Oklahoma and within the tribe's last recognized reservation within the State or States within which the tribe is presently located, as evidenced by the tribe's governmental presence and tribal population.