Officials in Minnesota are considering a legal challenge that would affect the way the National Indian Gaming Commission makes Indian land determinations.

At issue is NIGC and its interpretation of the Indian Gaming Regulatory Act. Under IGRA, gaming can only take place on "Indian land."

IGRA defines "Indian land" as:

(A) all lands within the limits of any Indian reservation; and
(B) any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual, subject to restriction by the United States against alienation and over which an Indian tribe exercises governmental power.

However, NIGC bases its determination on a definition of "Indian land" that uses the word "or" instead of "and."

The issue arose after the NIGC said any land -- regardless of trust status or ownership -- within the boundaries of the White Earth Ojibwe Reservation qualifies for gaming. The state contends non-Indian land or non-trust land cannot be considered "Indian land."

Get the Story:
Tribes say government trying to restrict gaming (Minnesota Public Radio 7/16)