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ARTICLE · 11 SEPTEMBER 2013

"Reservation Shopping" Circa 2013

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The term "reservation shopping" has been coined by various anticasino groups, some local governments, and even some gaming tribes to disparage efforts of non-gaming tribes to acquire lands in trust for gaming.

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By Dennis J. Whittlesey

The term "reservation shopping" has been coined by various anticasino groups, some local governments, and even some gaming tribes to disparage efforts of non-gaming tribes to acquire lands in trust for gaming. Some of the tribes seeking new land are landless, while others have tribal land that is unsuited for gaming development for various reasons. The term is intended to be pejorative.

Section 20 of the Indian Gaming Regulatory Act generally prohibits Indian gaming from being conducted on lands taken into trust after that law was enacted in October 1988. However, it also authorizes gaming on newly acquired trust lands if tribes can satisfy one of three specific exceptions or otherwise qualify for off-reservation gaming through a difficult two-step process.

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