To: Indian Gaming Association Member Tribes From: Ernest L. Stevens, Jr., Chairman Jason C. Giles, Executive Director
Re: Department of the Interior Holding Consultation Sessions on Proposed Revisions to Fee-To-Trust and Class III Gaming Compact Process Regulations Date: March 30, 2022 On March 28, 2022, the Department of the Interior (“DOI”) published a Dear Tribal Leader Letter announcing its intent to hold Tribal Consultations regarding potential revisions to the regulations governing the fee-to-trust process and land acquisitions in 25 C.F.R. Part 151, and the Class III Gaming Compact submission and approval process in 25 C.F.R. Part 293. In conjunction with the Letter, the DOI also published summaries and red-lined versions of its proposed regulatory revisions. The DOI has made clear in its materials, however, that these proposed revisions are only for the purposes of the scheduled Tribal Consultations, and only after such consultations will the DOI publish an official Notice of Proposed Rulemaking. For its proposed revisions to the regulations governing land acquisitions, the DOI is aiming to provide Tribal governments with a more efficient, less cumbersome, and less expensive fee-to-trust process. The DOI’s proposed amendments would add new sections to the existing Part 151 regulations that would: 1) Codify and clarify what it means to be “under federal jurisdiction” in 1934 for the purposes of the Indian Reorganization Act; 2) List out the specific documentation that must be submitted to request that land be acquired in trust status; 3) Identify how the Secretary will evaluate requests involving land contiguous to the boundaries of an Indian reservation; 4) Clarify how the Secretary conducts reviews of environmental conditions; and 5) Set forth how the Secretary will evaluate a request involving land for an “initial Indian acquisition.” The DOI’s proposed revisions would also add definitions, make clarifying edits throughout this Part, and establish the effect of the revised regulations on currently-pending fee-to-trust applications. For its proposed revisions to the regulations governing the Class III Gaming Compact process, the DOI is seeking to make many technical and clarifying edits to Part 293, many of which are aimed at codifying the Department’s current practices. Notably, this includes authorizing the Secretary to issue a “deemed approved” letter if the Secretary takes no action on a proposed compact or amendment within forty-five (45) days, and to specify that the Secretary has the discretion, but is not required , to disapprove a compact or amendment that violates IGRA. Further, the DOI is proposing to add approximately twelve (12) new sections to Part 293 in order to provide compacting parties with clear guidance on the appropriate scope of compact negotiations. These proposed revisions would deal with issues such as the application of Tribal and State laws and the allocation of jurisdictional authority,
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