To: IGA Member Tribes From: Ernest L. Stevens, Jr., Chairman Jason C. Giles, Executive Director
Re: NIGC Publishes Bulletin on the Independence of Tribal Gaming Commissions and their Functions, Bulletin No. 2022-5 Date: July 22, 2022 On July 12, 2022, the National Indian Gaming Commission (“NIGC”) published the “Independence of Tribal Gaming Commissions and their Functions” bulletin on its website. This bulletin, No. 2022-5, is meant to address the process for establishing an independent gaming commission and some of the functions of those commissions. The July 12 th bulletin addresses measures that tribal governments can take to ensure an independent commission, considerations for the organizational and operational structure of gaming commissions, and the regulatory requirements that commissions must be able to perform to remain compliant with the Indian Gaming Regulatory Act (“IGRA”) and NIGC regulations. The bulletin walks through the process of establishing a gaming commission, beginning first with a list of items to be included in the establishing law or ordinance that would create an independent commission. Some of these considerations include articulating that the commission is an independent regulatory body, not managerial, and that it is tasked with the duty to adopt, modify, and oversee rules and standards for the operation of gaming. In addition to ensuring the commission is independent, the bulletin also provides other factors that a tribal government may want to consider including in the establishing law or ordinance, such as specifying the commissions responsibilities and powers, detailing the number of commissioners and the process of election or appointment, outlining the terms of office for any commissioner, and providing a funding mechanism for the commission and its staff. Lastly, the bulletin shifts focus slightly to enumerate the regulatory functions of the commission that either must be included, per IGRA and the NIGC, or suggested regulatory functions that are also incorporated in the NIGC Revised Model Gaming Ordinance. The full text of the bulletin can be found here: https://www.nigc.gov/images/uploads/bulletins/Bulletin_No_2022_5_-_2018_%2894-3_99- 3_UPDATED%29_Independence_of_Gaming_Commissions_their_Functions_FINAL.pdf. Please contact Danielle Her Many Horses at dhermanyhorses@indiangaming.org with any questions or concerns regarding this Alert.
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