Gov. Scott Walker and the Forest County Potawatomi have signed a compact amendment calling for the state to ensure the tribe receives payments for any losses its Milwaukee casino might suffer if the Menominee Nation opens a competing facility in Kenosha.

The Potawatomi’s gaming compact with the state requires the two sides enter arbitration to determine how the Potawatomi should be made whole for potential losses. The governor has until Feb. 19 to approve or deny the Menominee’s plans for the casino but chose to enter arbitration ahead of the decision to get a better idea of how indemnification would work.

Under the plan arbitrators selected, the state would be responsible for offsetting losses.

The federal Bureau of Indian Affairs now has 45 days to accept or reject the deal.