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Tribal leaders expressed optimism about their prospects for online gambling under Doug Burgum, incoming President Donald Trump’s pick for Secretary of Interior.
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.
Gov. Doug Burgum is such a good guy and I’m so grateful for the choice President Trump has made. He really understands the relationship with tribes, meets with us regularly, and we can call on him anytime. He just really has a good friendship and partnership with all the tribes in North Dakota.
Standing Rock Sioux Tribe Chairwoman Janet Alkire
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.
The nomination of Gov. Burgum for Interior Secretary has been met with very good feedback from tribal leaders in North Dakota. I think all of Indian Country breathed a sigh of relief and are hopeful to have good relations with Gov. Burgum. From the Republican side of the aisle, this is an inspired choice.
Holly Cook Macarro
Jeff Grubbe, former chairman of the Agua Caliente Band of Cahuilla Indians in California, is in consideration to become an assistant secretary under Burgum, another indication that Trump and Burgum aren’t looking to roll back tribal prospects for online gaming.
Grubbe recently penned an op-ed piece for Native News Online explaining why Trump won a majority of the Native American vote. He said Trump’s messaging resonated with Native Americans, including self-governance free of unnecessary federal interference.
He doesn’t think Trump or Burgum would go against that sentiment to stop the modernization of tribal gaming.
“What I’ve heard is the Trump administration wants to do better with Indian Country in the second term,” Grubbe told PlayUSA. “From the Department of Interior, I think I can be in a good position to help Indian Country and help Trump capitalize on their support. It made it easier for me to want to pursue the position that Gov. Burgum has a reputation of being able to work with and be respectful of tribes.”
Tribal leaders optimistic about working with Burgum
Haaland set up Indian tribes to modernize gaming offerings in coming years. Macarro doesn’t think Burgum poses a threat to that progress.
“I think it will be a bit of an education process for him on the dynamics of online gaming and the continued evolution of sports betting,” Macarro said. “But I don’t know that tribal gaming issues will be at the forefront of Burgum’s agenda as Secretary of Interior.”
Macarro believes Burgum was appointed for his positions on mining, energy consumption and production.
Four years go by quickly and Macarro hasn’t heard any indication that Burgum or the Trump administration intend to take on tribal gaming.
“For the potential of rolling back and implementing new regs, whether for online gaming or fee-to-trust or any other area, I think the clock will be ticking as soon as they take office in terms of changes they want to make,” Macarro said. “If there is going to be an effort to put a Trump imprint on Indian gaming, we’ve seen no indication of that yet.”
California tribes are among those that hope to move Indian gaming online during the next four years.
James Siva, Chairman of the California Nations Indian Gaming Association (CNIGA), doesn’t expect the Trump administration to stand in the way.
“I don’t have concerns over Burgum undoing the progress made over the last few years as far as tribes moving into online gaming,” Siva said. “I have heard from ND tribal leaders that he has been respectful and understanding of tribal sovereignty. Additionally, with his background of being focused on energy production, I don’t see a reshaping of gaming policy to be a priority of this new administration. As far as appointments in the new Trump administration, I believe this one is a positive for Indian Country.”
