The Bureau of Indian Affairs has scheduled a series of consultations to ask tribes about gaming land-into-trust determinations.

Three major topics are on the agenda. All affect policies, regulations and directives issued by the Bush administration that make it nearly impossible for tribes to acquire land away from existing reservations.

“I am pleased that Indian Affairs is continuing our consultation with tribes,” Assistant Secretary Larry Echo Hawk said in a press release. “It is critical that we work together with tribes to address important issues regarding Indian Gaming and sovereignty."

The first topic is the controversial January 3, 2008, guidance memorandum that states distance will be taken into account when reviewing land-into-trust applications. No limit was ever set but the Bush administration suggested 40 miles from an existing reservation was the farthest a tribe could seek land.

The second issue affects the Section 20 regulations that the Bush administration finalized in May 2008. The BIA wants to know whether some of the key definitions that affect land-into-trust determinations should be changed.

The third topic addresses the manner in which off-reservation casinos are reviewed. The Bush administration gave the BIA more discretion to reject land-into-trust applications even when they are supported by the state and local community.

The consultations will take place from September 23 through November 18.

Relevant Documents:
Processing Discretionary Fee-to-Trust Applications (IAM June 24, 2010) | Processing Land-into-Trust Applications for Applications Not Related to Gaming (June 18, 2010) | Press Release: Salazar Policy on Land-into-Trust Sees Restoration of Tribal Lands as Key to Interior Strategy for Empowering Indian Tribes (July 1, 2010)

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Salazar memo cites 1900 pending land-into-trust applications (07/01)
BIA list of casino land-into-trust applications approved since 1988 (6/29)
Salazar tells BIA to continue work on gaming land applications (6/28)