The Indian gaming compacts are now more "clarity and transparent" according to new federal regulations published by the Department of the Interior (DOI), which are reminiscent to Florida's restrictions.
Bet on sports in Florida
With the new regulations in place, states can now work with tribes to establish off-reservation gambling. Gaming is "one of the most important drivers of tribal economic development," and the DOI's regulations are an effort to facilitate deal-making amongst tribes.
The Seminole Tribe of Florida has applied the "hub-and-spoke" concept, wherein wagers are placed outside of Indian territory and subsequently routed through trial servers. Due to the regulations, the Seminole Tribe is effectively the only entity in Florida that can bet on sports online.
Additionally, the rules aim to streamline the procedure by which tribes can apply to the DOI for authorisation of compacts with states.
By defining important words, clarifying boundaries for areas of negotiation, and outlining when the DOI should evaluate a compact, the changes to 25 C.F.R.Part 293 are designed to make the DOI's criteria for approving tribal treaties clearer.
The Department of Interior notes that the final rule "reflects input and recommendations provided by tribes," and the new regulations will be effective 30 days after they are published in the Federal Register. This week is when it is anticipated to take place.
Indian gambling improves tribal economies and the money it makes goes towards the essential services that tribal countries give to their people, according to Deb Haaland, secretary of the Department of Indian Affairs.
"Tribes will have more clarity and certainty regarding an industry that continues to be a major driver of economic development in Indian country as a result of our revisions to these regulations."
Bryan Newland, assistant secretary for Indian affairs, further stated, "The Biden-Harris administration is following through on its commitments to Indian country by providing clarity on Class III gaming compact negotiations."
Model in Florida known as "hub-and-spoke"
Hard Rock Bet was reintroduced in Florida by the Seminole Tribe in November 2023.
After a protracted legal struggle, the US Supreme Court denied West Flagler's request to remain in Florida, effectively establishing the Seminole Tribe's monopoly in the state.
Florida and the Seminole Tribe reached an agreement regarding mobile sports betting throughout the state, effectively creating a monopoly. In November, the Seminole Tribe debuted Hard Rock Bet in Florida.
Despite the compact's initial approval in 2021, it was put on hold due to a determination by the District of Columbia over the Seminole Tribe's deal and its potential infringement upon the Indian Gaming Regulatory Act (IGRA).
The decision was overturned in June 2023, however, so the Seminoles were once again granted complete freedom in Florida. The denial of West Flagler's motion to stay allowed the Seminole Tribe to reopen Hard Rock Bet, which was a huge victory for tribal gaming and the Seminole Tribe specifically.
Attack on tribal sovereignty
As indigenous communities battled for independence from the federal government, 2023 was a watershed year.
A fierce struggle for American sovereignty was waged by indigenous groups in 2023, according to the U.S. Department of the Interior.
Tribes are resisting state attempts to expand their authority over Indian territory by establishing their own casinos and gaming privileges, as well as by expressing persistent concerns about potential court actions.
As a whole, tribal gaming is thriving. Revenues increased 4.9% to $40 in 2022, according to the National Indian Gaming Commission's annual report. There has never been a gain of $1.9 billion in a single year.
The tribal government and its casinos have been doing very well recently, but that hasn't stopped politicians and commercial gambling interests from trying to steal its thunder. This is taking place via the judicial system and individual state governments.
