The aim of the Interior Department’s rules is to make it easier for tribes in how to negotiate deals, with gaming “one of the most significant drivers of tribal economic development”.
The regulations also intend to make the process for tribes seeking the Interior Department’s approval for compacts with states easier.
The alterations to 25 C.F.R.Part 293 are expected to make the Interior Department’s criteria for approving tribal deals clearer by clarifying boundaries for aspects of negotiation, defining key terms, as well as outlining when the Interior Department should review a compact.
The Interior Department says the final rule “reflects input and recommendations provided by tribes”, with the new regulations effective 30 days after they are published in the Federal Register. This is expected to happen this week.
Interior Department secretary Deb Haaland said: “Not only does Indian gaming support tribal economies, the funding it generates helps to support the vital services that tribal nations provide to their citizens.
“By updating these regulations, we will provide certainty and clarity to tribes for an industry that remains one of the most significant sources of economic development in Indian country.”
Assistant secretary for Indian Affairs Bryan Newland added: “By providing clarity on Class III gaming compact negotiations, the Biden-Harris administration is following through on its commitments to Indian country.”
Tribal sovereignty under attack
2023 was a hugely important year as tribal nations fought for sovereignty in the United States.
With state governments wanting to take more control over Indian country and ongoing fears about the courts, tribes are digging in to defend their exclusive casino and gaming rights.
Overall, tribal gaming is performing well. The National Indian Gaming Commission’s annual report showed revenues in 2022 rose 4.9% to $40. That $1.9bn year-on-year gain is the highest ever recorded.
However, even with the ongoing strong performance of tribal gaming and casino, leaders are still on edge with politicians and commercial gaming interests looking to gain some of the tribal success. This is happening through state governments, as well as the courts.