BIA Issues Draft Revisions to Part 151 (Land Into Trust) and Part 293 (IGRA Compact) Regulations >>

March 30th, 2022

BIA Issues Draft Revisions to Part 151 (Land Into Trust) and Part 293 (IGRA Compact) Regulations

The BIA released draft revisions to Part 151 and Part 293 (aka the IGRA compacting regulations) “for purposes of Tribal consultation only.” The draft revisions to the 151 land into trust process include a broad definition of “under federal jurisdiction” (“UFJ”), which has plagued the land into trust process since the Supreme Court’s 2009 Carcieri v. Salazar decision. Interior states that the draft proposed revisions to the land into trust process will make the process “more efficient, less cumbersome, and less expensive.”

The draft revisions to the Part 293 IGRA compacting regulations seek to “provide clear guidance regarding the Secretary’s review and evaluation process for Tribal-State class III gaming compacts.” The draft revisions seek to establish a more uniform class III gaming compact review and approval process. The draft revisions confirm that the Secretary is not obligated to disapprove a compact that violates IGRA. It does work to clarify the Secretary’s authority to issue guidance to compacts that are “deemed-approved” — not acted on — after the 45-day review period. The revisions also establish new regulations for the “Scope of Tribal-State Gaming Compacts”, which include descriptions of permissible and non-permissible compact provisions related to jurisdiction, taxation, and revenue sharing, among other provisions.

Important to note that “[t]he draft revisions do not constitute formal notice of proposed rulemaking. Once Tribal consultation has concluded, and the Department has considered all Tribal comments, the Department plans to release a formal notice of proposed rulemaking.”

Link to all documents: https://www.bia.gov/tribal-consultation/25-cfr-part-151-land-acquisition-and-25-cfr-part-293-class-iii-tribal-state

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