North Dakota Tribes Take Steps to Legalize Sports Betting, Discussion Likely in 2023

• North Dakota Gov. Doug Burgum (R) said the legislature will likely discuss sports betting in 2023
• Burgum approved new gaming compacts for state tribes to offer sports betting at tribal casinos
• A request from the tribes to offer sports betting off tribal lands was rejected

North Dakota sports betting may become a reality throughout the state in 2023.

According to North Dakota Gov. Doug Burgum (R), the state legislature will likely begin discussions on legalizing sports betting during the Peace Garden State’s 2023 legislative session.

“We plan to work with the Legislature to bring all parties to the table and take a comprehensive look at gaming during the upcoming 2023 session, including sports betting, e-tabs and other gaming,” Burgum said in an official release.

North Dakota Sports Betting Legalized at Tribal Casinos

Burgum made the announcement after approving five new gaming compacts for state tribes. The gaming compacts, which were set to expire early next year, will allow online casino-style gaming and online sports betting within physical boundaries of the tribal casinos.

Final drafts of the gaming compacts have been submitted to Legislative Management, which now has 21 days to review the documents, after which Burgum and the tribe will then approve. The gaming compacts will then be sent to the U.S. Department of the Interior (DOI) for final approval.

The DOI has 45 days to approve or reject the documents, and if it takes no action within those 45 days, the compacts will automatically go into effect.

No Sports Betting Off Tribal Lands

Burgum rejected a proposed amendment in the gaming compacts to offer online sports betting and casino-style gaming outside of the physical boundaries of the tribal reservations.

“These negotiated compacts address a number of longstanding issues between the state and tribes by cutting through red tape and streamlining regulation of tribal gaming for the benefit of both parties,” Burgum said in a release. “While we understand and appreciate the desire by some of the tribes to extend online gaming beyond their reservation boundaries, a clear legal path does not exist for the governor to grant such a broad expansion of gaming in the compact.

The North Dakota legislative session will begin on Jan. 3, 2023, and Burgum said the legislative bodies will likely begin discussions on bringing sports betting to the rest of the state off tribal lands. The session lasts for 80 days, giving political leaders until April 28 to work out a sports betting deal.

The state first took up sports betting discussions in 2019, as two bills, HB 1295 and HB 1254, were introduced to designate sports betting as a game of chance and to allow sports wagering to be done at any charitable gaming establishment. Sports betting would’ve been overseen by the state’s Attorney General, but both bills were defeated.