25 U.S.C. § 2719 : US Code - Section 2719: Gaming on lands acquired after October 17, 1988

Search 25 U.S.C. § 2719 : US Code - Section 2719: Gaming on lands acquired after October 17, 1988

(a) Prohibition on lands acquired in trust by Secretary
Except as provided in subsection (b) of this section, gaming
regulated by this chapter shall not be conducted on lands acquired
by the Secretary in trust for the benefit of an Indian tribe after
October 17, 1988, unless -
(1) such lands are located within or contiguous to the
boundaries of the reservation of the Indian tribe on October 17,
1988; or
(2) the Indian tribe has no reservation on October 17, 1988,
and -
(A) such lands are located in Oklahoma and -
(i) are within the boundaries of the Indian tribe's former
reservation, as defined by the Secretary, or
(ii) are contiguous to other land held in trust or
restricted status by the United States for the Indian tribe
in Oklahoma; or
(B) such lands are located in a State other than Oklahoma and
are within the Indian tribe's last recognized reservation
within the State or States within which such Indian tribe is
presently located.
(b) Exceptions
(1) Subsection (a) of this section will not apply when -
(A) the Secretary, after consultation with the Indian tribe and
appropriate State and local officials, including officials of
other nearby Indian tribes, determines that a gaming
establishment on newly acquired lands would be in the best
interest of the Indian tribe and its members, and would not be
detrimental to the surrounding community, but only if the
Governor of the State in which the gaming activity is to be
conducted concurs in the Secretary's determination; or
(B) lands are taken into trust as part of -
(i) a settlement of a land claim,
(ii) the initial reservation of an Indian tribe acknowledged
by the Secretary under the Federal acknowledgment process, or
(iii) the restoration of lands for an Indian tribe that is
restored to Federal recognition.
(2) Subsection (a) of this section shall not apply to -
(A) any lands involved in the trust petition of the St. Croix
Chippewa Indians of Wisconsin that is the subject of the action
filed in the United States District Court for the District of
Columbia entitled St. Croix Chippewa Indians of Wisconsin v.
United States, Civ. No. 86-2278, or
(B) the interests of the Miccosukee Tribe of Indians of Florida
in approximately 25 contiguous acres of land, more or less, in
Dade County, Florida, located within one mile of the intersection
of State Road Numbered 27 (also known as Krome Avenue) and the
Tamiami Trail.
(3) Upon request of the governing body of the Miccosukee Tribe of
Indians of Florida, the Secretary shall, notwithstanding any other
provision of law, accept the transfer by such Tribe to the
Secretary of the interests of such Tribe in the lands described in
paragraph (2)(B) and the Secretary shall declare that such
interests are held in trust by the Secretary for the benefit of
such Tribe and that such interests are part of the reservation of
such Tribe under sections 465 and 467 of this title, subject to any
encumbrances and rights that are held at the time of such transfer
by any person or entity other than such Tribe. The Secretary shall
publish in the Federal Register the legal description of any lands
that are declared held in trust by the Secretary under this
paragraph.
(c) Authority of Secretary not affected
Nothing in this section shall affect or diminish the authority
and responsibility of the Secretary to take land into trust.
(d) Application of title 26
(1) The provisions of title 26 (including sections 1441, 3402(q),
6041, and 6050I, and chapter 35 of such title) concerning the
reporting and withholding of taxes with respect to the winnings
from gaming or wagering operations shall apply to Indian gaming
operations conducted pursuant to this chapter, or under a Tribal-
State compact entered into under section 2710(d)(3) of this title
that is in effect, in the same manner as such provisions apply to
State gaming and wagering operations.
(2) The provisions of this subsection shall apply notwithstanding
any other provision of law enacted before, on, or after October 17,
1988, unless such other provision of law specifically cites this
subsection.