North Dakota law prohibiting off-reservation gaming
Chapter 54-58
TRIBAL-STATE GAMING COMPACT
54-58-01. Tribal-state gaming
compact - Definition. A tribal-state gaming compact is a duly executed
agreement between the state and a federally recognized Indian tribe as approved
by the secretary of the department of interior of the United States pursuant to
the Indian Gaming Regulatory Act of 1988 [Pub. L. 100-497;
102 Stat. 2467; 25 U.S.C. 2701 et seq.].
54-58-02. Tribal gaming records
not subject to disclosure - Exceptions. Except as provided in each tribal-state
gaming compact, all tribal gaming records, including trade secret and
proprietary information as defined in section 44-04-18.4, submitted to an
agency of this state are confidential and are not public records subject to
section 44-04-18 and section 6 of article XI of the Constitution of North
Dakota.
54-58-03. Tribal-state gaming
compact - Creation, renewals, and amendments. The governor or the governor's
designee may represent the state in any gaming negotiation in which the state
is required to participate pursuant to 25 U.S.C. 2701 et seq. by any federally
recognized Indian tribe and, on behalf of the state, may execute a gaming
compact between the state and a federally recognized Indian tribe, subject to
the following:
1. If the legislative assembly is
not in session at the time gaming negotiations are being conducted, the
chairman and vice chairman of the legislative council or the designee of the
chairman or vice chairman may attend all negotiations and brief the legislative
council on the status of the negotiations.
2. If the legislative assembly is
in session at the time negotiations are being conducted, the majority and
minority leaders of both houses, or their designees,
may attend all negotiations and brief their respective houses on the status of
the negotiations.
3. The compact may authorize an
Indian tribe to conduct gaming that is permitted in the state for any purpose
by any person, organization, or entity.
4. For the purposes of this chapter,
the term "gaming that is permitted in the state for any purpose by any
person, organization, or entity" includes any game of chance that any
Indian tribe was permitted to conduct under a tribal-state gaming compact that
was in effect on August 1, 1997.
5. The compact may not authorize
gaming to be conducted by an Indian tribe at any off-reservation location not
permitted under a tribal-state gaming compact in effect on August 1, 1997, except that in the case of the
tribal-state gaming compact between the Turtle Mountain Band of Chippewa and
the state, gaming may be
conducted on land within Rolette
County held in trust for the Band by the United States government which was in
trust as of the effective date of the Indian Gaming Regulatory Act of 1988
[Pub. L. 100-497; 102 Stat. 2467; 25 U.S.C. 2701 et seq.].
6. The compact may not obligate
the state to appropriate state funds; provided, however, the state may perform
services for reimbursement.
7. The negotiations between the
tribe and the state must address the possibility of a mutual effort of the
parties to address the issue of compulsive gambling.
8. If the legislative assembly is
not in session when the negotiations are concluded, the governor shall forward
a copy of the compact as finally negotiated to each member of the legislative
council at least twenty-one days before the compact is signed.
9. If the legislative assembly is
in session when the negotiations are concluded, the governor shall forward a
copy of the compact as finally negotiated to each member of the legislative
assembly at least twenty-one days before the compact is signed.
10. Before execution of any
proposed tribal-state gaming compact or amendment thereto, the governor shall
conduct one public hearing on the proposed compact or amendment.
