§ 2719. — Gaming on lands acquired after October 17, 1988.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC2719]
TITLE 25--INDIANS
CHAPTER 29--INDIAN GAMING REGULATION
Sec. 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.
(Pub. L. 100-497, Sec. 20, Oct. 17, 1988, 102 Stat. 2485.)
