For Immediate Release
Contact: Shawn Pensoneau
NIGC Postpones Effective Date of Class II MICS
Washington, DC October 7, 2009 — Today the National Indian Gaming Commission (NIGC or Commission) announced the extension of the effective date of the final rule for Minimum Internal Control Standards (MICS) for Class II gaming. The Commission published new Class II MICS in the Federal Register on October 10, 2008, which were codified under 25 CFR part 543. Under these regulations tribal gaming regulatory agencies were required to set a deadline of October 13, 2009, for tribal gaming operations to comply with the new MICS. Additionally, this date would mark the removal of certain sections of part 543. The Commission has decided to extend the date for the removal of certain sections of part 542 and the effective date for operators to comply with part 543 to October 13, 2010.
Currently, MICS for both Class II and Class III gaming are contained in 25 CFR part 542. As there are some essential differences between Class II and Class III gaming, the Commission decided that there should be separate MICS for Class II and Class III gaming. Therefore, in 2008, the Commission adopted a new part 543 that was limited to Class II gaming. During the drafting of these regulations the Commission decided it should migrate sections of part 542 into part 543 in phases. The most immediate concern was the controls related to bingo and other games similar to bingo. The plan was to continue work on the other Class II controls and have them in place before part 543 became effective. Unfortunately, work on the remaining Class II controls has not yet been completed. Therefore, to avoid confusion as well as gaps in regulation, the Commission decided to extend the effective date for the new part 543 as well as the date for the removal of sections from part 542.
The extension of the regulation’s effective date is expected to be published in the Federal Register Friday, October 9, 2009.
The NIGC is an independent regulatory agency established within the Department of the Interior pursuant to the Indian Gaming Regulatory Act of 1988.