Indian Gaming Today

Wednesday, November 07, 2007

Interior Dep't Sets Nov. 15 as Deadline for Florida Compact with Seminoles

In a letter to Gov. Charlie Crist, Assistant Secretary for Indian Affairs Carl Artman warned that if the state fails to reach a compact with the Seminole Tribe by November 15, "the Department will issue Class III gaming procedures."

Reportedly, the state and the tribe are close to finalizing a deal that would require the tribe to pay the state some $100 million annually.

Said Crist, "I want to make sure we're protecting (taxpayers') interests first, Florida's interests first ... We'll do the right thing."

According to the tribe's attorney, neither the state nor the tribe would prefer the administrative procedures to a compact. The state's preference for a compact is obvious, as the administrative procedures would not include any revenue-sharing provision requiring the tribe to make payments to the state. The tribe's preference presumably is because the compact is likely to allow a wider range of casino-style games than are expressly allowed under state law.

Our prediction: If a compact is reached, expect it to be challenged by Florida lawmakers opposed to the expansion of casino-style gaming. If a compact is not reached and the Interior Secretary issues administrative procedures, expect a federal lawsuit mimicking Texas' successful challenge to the Secretary's statutory authority to issue such procedures in Texas v. U.S., 497 F.3d 491 (5th Cir. 2007).

Read more in Forbes at Feds Set Indian Gaming Deadline

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