US DOI updates federal regulations to provide clearer guidance for Tribes

The US Department of the Interior has updated federal regulations to increase clarity and transparency for Class III Indian gaming compact approval processes.

Noting that the Indian gaming industry remains one of the most significant drivers of Tribal economic development in Indian Country, the Department said that the updated regulations provide clearer guidance for Tribes and states to negotiate gaming compacts required by the Indian Gaming and Regulatory Act.

The updated regulations provide clarity on the criteria the Department would consider when deciding whether to approve these compacts by clarifying boundaries as to allowable topics of negotiation, better defining key terms, and clearly outlining when the Department must review a gaming compact.

The changes have been made to 25 C.F.R. Part 293, which governs the review and approval of Tribal-state gaming compacts.

“These regulations are part of the Biden-Harris administration’s commitment to ensuring that Tribes have the resources they need to exercise their Tribal sovereignty and support their communities,” said Secretary Deb Haaland. “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 - from language preservation to healthcare.

“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.”

The final rule reflects input and recommendations provided by Tribes during two listening sessions and seven formal consultation sessions, as well as written comments from Tribes and the public submitted to the Department.

The new regulations will be effective 30 days after being published in the Federal Register, which is expected in the coming days.

“The federal government has treaty and trust responsibilities to Tribal Nations,” said Assistant Secretary for Indian Affairs Bryan Newland. “A key part of that is our obligation to support Tribal Nations as they work to revitalize communities by opening businesses and creating jobs that strengthen their economic self-sufficiency.

“By providing clarity on Class III gaming compact negotiations, the Biden-Harris administration is following through on its commitments to Indian Country.”