New "Section 20" Regulations: Settlement of a Land Claim Exception

The Interior Department's new "Section 20" regulations clarify when settlement lands will meet the exception to IGRA's general prohibition against gaming on newly acquired lands. In section 2719(b), IGRA creates an exception for "lands are taken into trust as part of . . . (i) a settlement of a land claim."

Under 25 C.F.R. section 292.5, the land must be either acquired through resolution of the claim via federal statute, a settlement agreement executed by the parties (including the U.S.), or a final court order or judicially enforceable settlement agreement. The last settlement mechanism, a court order or judicially enforceable settlement, must predate IGRA's enactment (October 17, 1988).

In section 292.2, the new regulations also limit "land claim" to claims arising under federal law ("United States Constitution, Federal common law, Federal statute or treaty"). Additionally, the claim must have accrued on or before IGRA's date of enactment or involve lands placed in trust or restricted status on or before the same date.

Not too much here that rocks the boat. Up tomorrow: the “initial reservation” exception.