Panel reviews proposed class 3 gaming compact between Kansas and Wyandotte Nation

Justin Witton, Governor Kelly's chief counsel, told the Joint Committee on State -Tribal Relations that his team and counsel for the Wyandotte Nation negotiated a proposed class 3 gaming compact beginning in August 2024 and submitted it to the committee for review. "This compact reflects governor Kelly's good faith negotiations with Wyandotte Nation to provide Wyandotte Nation the ability to offer class 3 gaming on its lands eligible for such gaming within the boundaries of the state of Kansas," Witton said.

Witton explained that parcels the tribe owns in Kansas have been found eligible for class 3 gaming by federal courts and that class 3 gaming — including poker, blackjack, craps, roulette and sports wagering — requires a compact with the state. He said negotiators used the 1995 compacts the state has with other tribes as a template, updated definitions and terms to align with federal regulatory definitions and case law, and sought technical assistance from the U.S. Department of the Interior. "Copy of that technical assistance has been provided to the committee," Witton said. He also noted the governor would execute the compact with the tribe and submit it to the Department of the Interior for review; the DOI has 45 days to approve or reject the compact, or it is deemed approved if the secretary takes no action.

Witton told the committee they obtained an attorney general opinion (Opinion No. 2025-11) finding that the Kansas Expanded Lottery Act (KILA) and related management contracts do not prohibit negotiating with the Wyandotte Nation and that sports wagering may be included in a tribal compact because Kansas permits that gaming now. He urged the committee to recommend approval so the compact can proceed to the legislature and, if approved there, to DOI review. The committee took no vote and agreed to absorb materials and consider options before reconvening to take formal action.