|In one of his final actions as head of the Bureau of Indian Affairs assistant secretary Carl Artman has finalized the long-awaited Section 20 regulations for gaming on trust land acquired after 1988. The regulations were sent for publication in the Federal Register. They are due to appear tomorrow and will be considered final and effective in 30 days.
The Indian Gaming Regulatory Act bars gaming on lands acquired after 1988. But Section 20 of the law sets out four exceptions: for Oklahoma tribes with former reservations, newly recognized tribes, newly restored tribes and tribes with land claims.
If a tribe can’t meet any of the exceptions, it can still pursue gaming so long as the state governor concurs. This is known as the two-part determination process.
The rules set out criteria for all four of the exceptions, plus the two-part determination process.