You asked if there is a difference in the ability of an Indian tribe to operate a casino based on the type of land involved.

The federal Indian Gaming Regulatory Act (IGRA) allows federally recognized tribes to conduct casino-type gaming pursuant to a compact it negotiates with the state if the state "permits such gaming for any purposes by any person, organization, or entity" (25 USC § 2701 et seq). (See OLR Report 2002-R-0383 for more details about the IGRA). The law applies to Indian tribes, bands, nations, groups, or communities that are recognized by the United States as eligible for services and possessing powers of self-government.

The law applies to certain types of "Indian lands," defined as:

1. all land within the limits of an Indian reservation,

2. land held in trust by the U. S. for the benefit of an Indian tribe or individual, or

3. land held by a tribe or individual subject to restrictions by the U. S. against alienation and over which a tribe exercises governmental power.

The law generally prohibits gaming on land acquired by the Interior secretary in trust after October 17, 1988 unless the land is within or contiguous to the tribe's reservation (as of that date) or it is former reservation land of a tribe that no longer has a reservation (other rules apply to Oklahoma).

These requirements do not apply and the secretary can allow gaming if, after consulting with the tribe and appropriate state and local officials including those of nearby tribes, she

1. determines that a gaming establishment on newly acquired lands would be in the best interest of the tribe and its members and would not be detrimental to the surrounding community and

2. the governor concurs in the determination.

Gaming is also allowed on land taken into trust (1) as settlement of a land claim, (2) as an initial reservation of a tribe acknowledged by the secretary under the federal acknowledgement process, or (3) to restore lands to a tribe that is restored to federal recognition.

Certain other exceptions apply to specific tribes.

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