Law Article: NIGC makes big changes for tribal self-regulation

Last week the National Indian Gaming Commission ("NIGC") finalized revisions to 25 CFR part 518 relating to the self-regulation of Class II Gaming. The revisions to 25 CFR part 518, in part, streamlined the process for review of a self-regulating petition and considerably revised the annual reporting requirements for self-regulating tribes.

Under IGRA, the NIGC may authorize a tribal gaming commission to self-regulate Class II gaming. Class II gaming consists of bingo (electronic or traditional) and any non-house banked card game. However, under IGRA, the NIGC is responsible for monitoring, on a continuing basis, Class II gaming conducted by a tribe. The NIGC must also inspect the premises, conduct background investigations, and demand access to all books and records regarding revenues. Tribes view this as a burdensome process. Accordingly, eligible tribes can take advantage of "self-regulation," whereby the tribe's gaming commission is responsible for primary regulation of Class II gaming. Before a tribe can self-regulate, it must receive a certificate of self-regulation from the IGRC, which must be sought by petition.