The Oklahoma Attorney General just issued an official opinion on whether the United Keetoowah Band of Cherokee Indians in Oklahoma ("UKB") could accept the terms of Oklahoma's model gaming compact after the compact's initial term expired on January 1, 2020. Answering no, the opinion explains the strict time limitations on tribal gaming compact formation and reinforces the importance of legislative approval for gaming agreements. Here's what tribal governments and gaming operators need to know.
Background
In 2004, Oklahoma voters approved the State-Tribal Gaming Act,
which offered a model tribal gaming compact to all federally
recognized Indian tribes in the State of Oklahoma. Under its terms,
the model compacts would expire on January 1, 2020, although it
included automatic renewal provisions for compacts already in
effect on that date. The UKB however did not have a model compact
before January 1, 2020, leaving open whether the automatic renewal
provisions allowed the Tribe to "agree" to the model
gaming compact after the January 1, 2020, expiration. The UKB
ultimately "agreed" to the original model compact in
April 2025—more than five years after the compact's
initial term expired. The UKB then submitted the compact to the
Department of Interior for federal approval.
Attorney General Opinion
In Attorney General Opinion 2025-7, the Attorney
General firmly rejected the UKB's approach to obtaining an
approved gaming compact. The opinion emphasized that Oklahoma's
"offer" to enter the model compact expired with the
compact's initial term on January 1, 2020. Because the UKB did
not have a compact in effect on that critical date, the automatic
renewal provisions could not save their delayed acceptance.
Instead, the opinion identified only two pathways for tribal gaming compacts to be valid under Oklahoma law: (1) accept the model compact before January 1, 2020, or (2) obtain approval by the Joint Committee on State-Tribal Relations. But, because the UKB accepted the model compact's terms too late, and because the UKB did not seek the Joint Committee' approval before submitting their compact to federal authorities, the Attorney General believed the UKB's gaming compact was invalid.
Takeaways
Here are several takeaways for tribal governments and gaming
operators from this Attorney General Opinion:
- Tribes seeking to conduct class III gaming must seek Joint Committee approval if (1) they seek to execute their first gaming compact with the State of Oklahoma, or (2) they seek to modify a model gaming compact executed before January 1, 2020.
- Automatic renewal provisions only protect compacts that were validly in effect on the specified renewal date. These provisions cannot retroactively validate late acceptances or cure fundamental timing defects in compact formation.
- Alternative pathways to gaming compacts may exist through legislative approval processes, but these require compliance with specific procedural requirements including approval by the Joint Committee.
This opinion reinforces that tribal gaming compact formation involves strict legal requirements that must be carefully observed. Tribes seeking to establish or modify gaming operations should work closely with experienced counsel to ensure compliance with both state procedural requirements and federal approval processes.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
