# Title 54 — State Government

## 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 management or the
designee of the chairman or vice chairman may attend all negotiations and brief the
legislative management 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 management 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.
