North Dakota has moved forward with plans to legalize mobile betting on tribal lands. While the tribes sought to include provisions to allow these games beyond reservation boundaries, such language was not incorporated in the finalized compacts. Nevertheless, the agreements entail provisions that could enable tribes to offer online gaming statewide, contingent upon state and federal approval.
Governor Doug Burgum indicated in November that the authority to expand online gaming rests with the state legislature, not the governor’s office. "While we understand and appreciate the desire by some of the tribes to extend online gaming beyond their reservation boundaries, a clear legal path does not exist for the governor to grant such a broad expansion of gaming in the compact," Burgum said. He also suggested that gaming topics may be addressed in the upcoming 2023 legislative session, elaborating that comprehensive discussions will include sports betting, electronic tabs, and other gaming activities.
The new compacts are now pending approval from the U.S. Department of the Interior, which has 45 days to respond. If the department does not take action within that period, the compacts will automatically take effect.
Additionally, the legal gambling age on reservations will be reduced from 21 to 19, although military personnel will still be allowed to gamble at 18. The agreements also facilitate the acceptance of credit and debit cards for various purposes, including cashless gaming and account wagering. The state is set to conduct one annual casino inspection at the tribe’s cost, with any further inspections covered by the state. However, the total reimbursement for state regulatory activities by the tribes will not exceed $10,000 per year.
The tribes have also committed to contributing $25,000 annually for gambling addiction treatment and prevention services. Burgum expressed gratitude towards the tribal leaders for their collaboration, stating, "We are deeply grateful to the tribal chairs and their representatives for their collaboration throughout these many months of negotiations, and we look forward to continuing the mutually beneficial gaming partnership between the state and the sovereign tribal nations with whom we share geography." This development comes in the wake of recent efforts by California tribes that failed to authorize sports betting on tribal land.
