Office of Self-Regulation Contact Information
Dustin Thomas, Director of Self-Regulation
Christinia Thomas, Deputy Director of Self-Regulation
The Indian Gaming Regulatory Act (IGRA) was signed into law on October 17, 1988. Tribal leaders proposed IGRA’s self-regulation provisions during the initial development of the law. Under IGRA 25 C.F.R. Part 518, was created allowing any Indian tribe that operates class II gaming activity to petition the NIGC Commission for a certificate of self-regulation. The petition review process begins with the NIGC’s Office of Self-Regulation and the Agency’s regulations lay out the petitioning process. The principles behind self-regulation are grounded in the concepts of tribal self-determination and empowerment through greater flexibility and less redundancy in federal regulation and program administration.
|Introduction to Self-Regulation (NIGC National Training Conference, 2022)|
a) Petitions for self-regulation shall be submitted by tribes to the Office of Self–Regulation.
1) Within 30 days of receipt of a tribe s petition, the Office of Self–Regulation shall conduct a review of the tribe's petition to determine whether it is complete under § 518.4.
2) If the tribe’s petition is incomplete, the Office of Self–Regulation shall notify the tribe by letter, certified mail or return receipt requested, of any obvious deficiencies or significant omissions in the petition. A tribe with an incomplete petition may submit additional information and/or clarification within 30 days of receipt of notice of an incomplete petition.
3) If the tribe’s petition is complete, the Office of Self–Regulation shall notify the tribe in writing.
b) Once a tribe’s petition is complete, the Office of Self–Regulation shall conduct a review to determine whether the tribe meets the eligibility criteria in § 518.3 and the approval criteria in § 518.5. During its review, the Office of Self–Regulation:
1) May request from the tribe any additional material it deems necessary to assess whether the tribe has met the criteria for self-regulation.
2) Will coordinate an on-site review and verification of the information submitted by the petitioning tribe.
c) Within 120 days of notice of a complete petition under § 518.4, the Office of Self–Regulation shall provide a recommendation and written report to the full Commission and the petitioning tribe.
1) If the Office of Self–Regulation determines that the tribe has satisfied the criteria for a certificate of self-regulation, it shall recommend to the Commission that a certificate be issued to the tribe.
2) If the Office of Self–Regulation determines that the tribe has not met the criteria for a certificate of self-regulation, it shall recommend to the Commission that it not issue a certificate to the tribe.
3) The Office of Self–Regulation shall make all information, on which it relies in making its recommendation and report, available to the tribe, subject to the confidentiality requirements in 25 U.S.C. 2716(a), and shall afford the tribe an opportunity to respond.
4) The report shall include:
i) Findings as to whether each of the eligibility criteria is met, and a summary of the basis for each finding;
ii) Findings as to whether each of the approval criteria is met, and a summary of the basis for each finding;
iii) A recommendation to the Commission as to whether it should issue the tribe a certificate of self-regulation; and
iv) A list of any documents and other information received in support of the tribe's petition.
5) A tribe shall have 30 days from the date of issuance of the report to submit to the Office of Self–Regulation a response to the report.
d) After receiving the Office of Self–Regulation’s recommendation and report, and a tribe’s response to the report, the Commission shall issue preliminary findings as to whether the eligibility and approval criteria are met. The Commission s preliminary findings will be provided to the tribe within 45 days of receipt of the report.
e) Upon receipt of the Commission’s preliminary findings, the tribe can request, in writing, a hearing before the Commission, as set forth in § 518.8. Hearing requests shall be made to the Office of Self–Regulation, and shall specify the issues to be addressed by the tribe at the hearing and any proposed oral or written testimony the tribe wishes to present.
f) The Commission shall issue a final determination within 30 days after issuance of its preliminary findings if the tribe has informed the Commission in writing that the tribe does not request a hearing or within 30 days after the conclusion of a hearing, if one is held. The decision of the Commission to approve or deny a petition shall be a final agency action.
g) A tribe may withdraw its petition and resubmit it at any time prior to the issuance of the Commission’s final determination process:
A Tribe holding a Certificate of Self-Regulation is exempt from 2706(b)(1-4) in the Indian Gaming Regulatory Act:
(b) Monitoring; inspection of premises; investigations; access to records; mail; contracts; hearings; oaths; regulations
(1) shall monitor class II gaming conducted on Indian lands on a continuing basis;
(2) shall inspect and examine all premises located on Indian lands on which class II gaming is conducted;
(3) shall conduct or cause to be conducted such background investigations as may be necessary;
(4) may demand access to and inspect, examine, photocopy, and audit all papers, books, and records respecting gross revenues of class II gaming conducted on Indian lands and any
other matters necessary to carry out the duties of the Commission under this chapter;
|Number||Title||Document Type||Document Format|
|1||Tribal Readiness||Petition for Self-Regulation of Class II Gaming Checklists||Microsoft Word|
|2||Eligibility||Petition for Self-Regulation of Class II Gaming Checklists||Microsoft Word|
|3||Submission||Petition for Self-Regulation of Class II Gaming Checklists||Microsoft Word|
|4||Criteria Measurement||Petition for Self-Regulation of Class II Gaming Checklists||Microsoft Word|
|5||Annual Review||Petition for Self-Regulation of Class II Gaming Checklists||Microsoft Word|
Current List of Self-Reg Tribes
|12/5/2000||Confederated Tribes of the Grand Ronde Community|
|12/5/2000||Menominee Indian Tribe of Wisconsin|
|10/16/2014||Seminole Tribe of Florida|
|12/6/2017||Barona Band of Mission Indians|
|1/1/2019||Pokagon Band of Potawatomi Indians of Michigan|