In a significant move, the Department of the Interior has announced the finalization of federal rules affirming the legality of Florida-style “hub-and-spoke” tribal gaming compacts. These compacts, governed by the Indian Gaming and Regulatory Act, play a pivotal role in the economic development of Tribal nations and have been a focal point for negotiations between Tribes and states.

Updated Legislation Aims to Avoid Contentious Issues

The modifications to 25 C.F.R. Part 293, which governs the review and approval of Tribal-state gaming compacts, clarify the Department’s criteria when approving these compacts. This newest update aims to provide clear guidance on allowable negotiation topics between Tribes and states, eliminating ambiguity and streamlining the negotiation process.

Important terms related to gaming compacts have received better definitions, reducing potential areas of contention. The new regulations also explicitly outline when the Department must review a gaming compact, ensuring a more transparent and predictable review process. Assistant secretary for Indian affairs Bryan Newland remarked that the update upheld the government’s treaty and trust responsibilities to Tribal Nations.

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.

Bryan Newland, assistant secretary for Indian affairs

These updated rules received extensive input from Tribal nations, with two listening sessions and seven formal consultation sessions held to gather insights and recommendations. Written comments from Tribes and the public further helped refine the new regulations, reflecting the Department’s commitment to collaboration and responsiveness to Tribal input.

Florida’s Troubles Proved the Need for Better Laws

The Department of the Interior’s drive to clarify tribal gambling regulations likely aims to avoid situations like Florida’s gaming compact between the Seminole Tribe and Gov. Ron DeSantis in Florida, which faced a prolonged legal battle. While the Seminole Tribe relaunched its Hard Rock Bets platform in 2023, the disruptions significantly hindered sports betting’s introduction to the Sunshine State.

West Flagler Associates, the party responsible for the lawsuit, openly questioned the Department of Interior, implying that the Seminole’s compact violated the law. The company’s latest legal maneuver was a writ of certiorari to the US Supreme Court, hoping to overturn the current verdict. If successful, the legal battle may extend into 2025, threatening the Seminole Tribe’s substantial investments.

With the new rules set to be effective 30 days after publication in the Federal Register, Tribal nations engaging in gaming compacts will benefit from increased clarity and certainty. The move aligns with broader initiatives under the Biden-Harris administration’s Investing in America agenda, which aims to deploy significant investments to help develop Tribal communities.

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MGM Resorts International, a global gaming and hospitality giant, is currently eyeing the situation in the United Arab Emirates, where Wynn Resorts is building a multibillion-dollar property. The country previously claimed that it will not legalize gambling in spite of the aforementioned property but MGM Resorts thinks otherwise.

The company is hopeful that either Dubai or the UAE as a whole will approve gambling in the near future. In fact, this may be further discussed in the UAE as soon as this year, MGM believes, as cited by Skift.

While Wynn is currently occupied with building a large property on Al Marjan Island in Ras Al Khaimah, MGM isn’t a stranger to the UAE either. In 2017, the casino and hospitality specialist unveiled its plans for a 1,000-room Dubai-based resort.

MGM hopes that the Arab country will eventually reconsider its harsh stance on gambling, allowing MGM to add a casino to the property it manages. However, the decision will ultimately be in the hands of Abu Dhabi and the national government, said Bill Hornbuckle, MGM Resort’s president and chief executive officer.

Gaming Will Likely Be Discussed by the End of Summer 2023

Hornbuckle is optimistic that the UAE will at least consider the matter by the end of summer 2023. However, he realizes that each emirate might have a different stance on this.

The CEO noted that the potential launch of gambling in Dubai is what matters the most to his company. However, he added that his team will not miss out on the opportunities in other Arab emirates, should they back down on their disdain for gambling.

Coincidentally, MGM Resorts’ property in Dubai has a 150,000-200,000-square-foot space that can be easily converted into a gaming hall. However, Hornbuckle conceded that only time will tell whether this will happen.

Wynn Is Just as Hopeful

Speaking of gambling in the UAE, Wynn Resorts continues with the development of its Al Marjan Island property. The operator’s ultimate goal is, in its words, to recreate the Las Vegas Strip in the UAE.

While the country is still reluctant on allowing gaming, the project has progressed without major hiccups so far. In March, Wynn named ALEC Engineering and Contracting as the contractor of its unprecedented property in Ras Al Khaimah.

A few days ago, Wynn shared the first concept images of its ambitious projects, allowing industry enthusiasts to take a peek at what’s to come. A few days later, the casino and entertainment company named Thomas Schoen as the president of Wynn Al Marjan.

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