Online Gaming Regulations: Tribal Leaders Downplay Worries Over Trump Appointee's Changes

Trump appointed the current North Dakota governor to head the department that reviews all compacts reached between tribes and states to ensure they comply with the Indian Gaming Regulatory Act (IGRA).

Over the next four years, many tribes across the nation figure to follow the lead of the Seminole Tribe by including online gaming in state compacts. Burgum could be in office during the biggest online expansion of tribal gaming.

But will he allow tribes to offer online casino and online sports betting or attempt to roll back compacting rules updated this year?

Standing Rock Sioux Tribe Chairwoman Janet Alkire told PlayUSA that North Dakota tribes loved working with Burgum and she thinks other tribes will too in his new role.

Indian Gaming Association Chairman Ernie Stevens Jr agreed, telling PlayUSA that Burgum’s appointment seemed like a bright spot for Indian Country in Trump’s win.

“We are happy to work with whomever comes down the pipeline,” Stevens said. “But Gov. Burgum appears to be a bright spot in all of this. I don’t know him personally, but I know he works with tribes. He’s fair, cordial and effectively communicates with tribal governments, and that’s all we can ask for in the work we do.”

ND tribal leader doesn’t see online gaming concerns with Burgum

In 2022, Burgum negotiated new gaming compacts with the five gaming authorities operating in North Dakota.

The Seminole Tribe and the state of Florida had just included statewide online sports betting in their 2021 compact. And the DOI allowed the Seminole compact under the Indian Gaming Regulatory Act. That was a controversial move, given that IGRA only applies to gaming taking place on Indian lands.

To capitalize on the Seminole compact, ND tribes proposed an addendum to offer statewide online sports betting. However, a commercial gaming operator in Florida had sued the Secretary of Interior, claiming she erred in allowing the compact.

This was the climate when North Dakota tribes negotiated their compacts with Burgum. Tribal interests in North Dakota believe Burgum was listening to lawyers when he opted not to allow the addendum at a time of legal uncertainty for online gaming under IGRA.

And, in fact, the same month that Burgum decided not to allow mobile gaming in the compacts, a US District Court judge invalidated the Seminole compact, ruling that it violated IGRA by authorizing gaming outside Indian lands. That decision was subsequently overturned by the US Court of Appeals for the District of Columbia.

Even so, Burgum worked with ND tribes to include compact language allowing them to offer mobile gaming off reservation if authorized by state and federal law.

The DC Circuit Court of Appeals overturned the District Court ruling, reinstating the Seminole compact, settling the issue of federal law. North Dakota can pursue state authorization in the future because of the compact language.

“As far as compact negotiations, they were always very positive with Gov. Burgum,” Alkire said. “We’ve never had any issues when it comes to compacting with the state of North Dakota. With gaming, he understood that things are constantly changing and was always willing to listen and try to make it work.”

Outgoing Interior Secretary lauded for impact on tribal nations

Under President Joe Biden, Deb Haaland became the first Native American to serve as a Cabinet Secretary. Haaland hired Bryan Newland, who was instrumental in getting Michigan tribes involved in online gaming as chairman of the Bay Mills tribe, to lead the Bureau of Indian Affairs.

Together, they helped set up tribal gaming to move forward into the digital age by allowing and defending the Seminole compact, then updating compacting rules under IGRA to reflect the new paradigm.

“I think Secretary Haaland has done a tremendous job, the best she could with the resources and time she had,” Stevens said. “Same with Assistant Secretary Newland. I know we can count on them to continue to be active in Indian Country and advocate on behalf of their tribes and communities.”

Burgum best option available for Indian Country

Given the importance of the Department of Interior in implementing federal policies related to Native Americans, tribal leaders were nervous about Trump’s appointment for Secretary.

Holly Cook Macarro, a tribal advocate in Washington DC, told PlayUSA the tribal perspective on Burgum is more than thinking, “this was the best we could do under the circumstances.” They truly are optimistic about Burgum’s appointment.