Use the links below to see FAQs by category.
How do I appeal if I want a decision on written submissions only, without a hearing?
We provide independent regulatory functions for Tribal Gaming required and defined in each of the nine Tribal/State gaming compacts. We ensure that all Class III Tribal gaming activities are conducted with fairness, integrity, honesty, security and in accordance with the Tribal/State gaming compacts. Class III games by Castle Hill Gaming feature dynamic bonuses, high fidelity music, and lovable animated characters all combining to create a fun interactive environment loved by discerning slot players.
How do I appeal a notice of violation, order of temporary closure, proposed civil fine assessment, the Chair’s decision to void or modify a management contract, the Commission’s proposal to remove a certificate of self-regulation, or a notice of late fees and late fee assessment, if I want a decision on written submissions only, without a hearing?
A tribe or the recipient of the action that is the subject of the appeal may file a notice of appeal within 30 days after service of the action. The notice of appeal must reference the action or decision from which the appeal is taken, shall include a written waiver of the right to an oral hearing before a presiding official and an election to have the matter determined by the Commission solely on the basis of written submissions, and should be mailed to the address identified in the action. Copies of the notice of appeal must be filed personally or by registered or certified mail, return receipt requested. Service of copies of all documents is complete at the time of personal service or, if service is made by mail, facsimile, or email, upon transmittal.
Although it may extend other deadlines in the appellate process, the Commission may not extend the time for filing a notice of appeal.
Additional rules, including those that govern the filing of an appeal brief, are found at 25 C.F.R. §§ 580-581 and 585.
How do I appeal if I want a hearing before a presiding official?
How do I appeal a notice of violation, an order of temporary closure order, a proposed civil fine assessment, the Chair’s decision to void or modify a management contract, the Commission’s proposal to remove a certificate of self-regulation, and a notice of late fees and late fee assessment, if I want a hearing before a presiding official?
A tribe or the recipient of the action that is the subject of the appeal may file a notice of appeal within 30 days after service of the action. The notice of appeal must reference the action or decision from which the appeal is taken, and should be mailed to the address identified in the action. Copies of the notice of appeal must be filed personally or by registered or certified mail, return receipt requested. Service of copies of all documents is complete at the time of personal service or, if service is made by mail, facsimile, or email, upon transmittal.
Although it may extend other deadlines in the appellate process, the Commission may not extend the time for filing a notice of appeal.
Additional rules, including those that govern the filing of a list of proposed witnesses, the nature of their testimony, and an appeal brief, all of which are due within 10 days of the notice filing; and rules on the hearing process, are found at 25 C.F.R. §§ 580-581 and 584.
How do I appeal the Chair’s decision related to a gaming ordinance?
A tribe may file a notice of appeal within 30 days after the Chair serves a disapproval letter. The notice of appeal must reference the disapproval, and should be mailed to the address identified in the disapproval letter. Copies of the notice of appeal shall be filed personally or by registered or certified mail, return receipt requested. Service of copies of all documents is complete at the time of personal service or, if service is made by mail, facsimile, or email, upon transmittal. Although it may extend other deadlines in the appellate process, the Commission may not extend the time for filing a notice of appeal.
Additional rules, including those governing the filing on an appeal brief, are found at 25 C.F.R. §§ 580-582.
The NIGC submits fingerprints to the FBI on behalf of tribes, tribal regulatory authorities and tribal gaming facilities. See Fingerprint Processing.
Under what authority are tribes permitted to conduct gaming in states?
In 1987, the Supreme Court in California v Cabazon Band of Mission Indians confirmed the authority of tribal governments to establish gaming operations independent of state regulation. The following year, Congress passed the Indian Gaming Regulatory Act (IGRA), which provided a regulatory framework for Indian gaming. IGRA offered states a voice in determining the scope and extent of tribal gaming by providing that the state in question must permit some form of the gaming and by requiring Tribal-State compacts for Class III gaming (casino gaming). Tribal regulatory authority over Class II gaming (bingo, pulltabs, and certain card games) was left to the tribes. IGRA further provided for general regulatory oversight at the federal level and created the National Indian Gaming Commission (Commission or NIGC).
Why doesn’t a casino have to comply with local and state zoning?
Although states and local governments generally have the right to regulate persons and activities within their borders, and Indian reservations are contained within such borders, the United States Constitution gives Congress the exclusive authority over Indian affairs. Unless Congress specifically authorizes a state to apply its laws within an Indian reservation, it may not do so. However, in IGRA, Congress declared that the construction and maintenance of tribal gaming facilities must adequately protect the environment and the health and safety of tribal casino employees and patrons. The Commission ensures that these provisions of the IGRA are implemented.
What is the role of the state government in Indian tribes?
State governments have no control or authority over Indian tribes unless specifically authorized by Congress.
Federal recognition means a group of Indians has been recognized as a tribe and the interactions between the tribe and the Federal Government are on a government-to-government basis. Inclusion on the list of federally recognized tribes entitles a tribe to special services and benefits. The Department of the Interior maintains this list. Federal recognition can be a result of historical continued existence, Executive Order, congressional legislation, or the Department of the Interior's Federal acknowledgment process. Federal recognition is typically a requirement of being eligible for federal aid or funding. Gsn casino com. The Federal Government has broad powers in dealing with tribes; however, the powers are subject to constitutional restrictions.
Where can I submit electronic copies of financial statements, management letter, and AUP Reports?
Filings of tribal gaming operation’s financial statements, management letters and Agreed Upon Procedure reports can be submitted electronically to [email protected] or two hard copies can be sent to the main office in Washington, DC at NIGC Division of Finance, c/o Department of the Interior, 1849 C Street NW, Mail Stop #1621, Washington, DC 20240.
What is the sole proprietary interest mandate of IGRA?
IGRA requires that all tribal gaming ordinances contain a provision requiring that tribes maintain the sole proprietary interest in and responsibility for its gaming activity. See Declination Letters.
When must a tribe submit a management contract to the NIGC Chairman for his approval?
Upon the execution of a management contract, a tribe or management contractor must submit the contract to the Chair for review and approval. No action should be taken under a management contract until it has been approved. Moreover, management contracts that have not been approved are void. If a tribe or contractor is uncertain whether a gaming-related contract, such as a development, lease, or consulting agreement, requires the approval of the NIGC Chair, they should submit the contract to the NIGC. The NIGC will review each submission and determine whether it requires the Chair's approval. If it does, the NIGC will notify the tribe or contractor to formally submit the contract. See How to request a legal opinion.
What is the difference between Class II and Class III gaming?
In IGRA[OS1] , Congress included the definition of Class II gaming as follows: bingo; when played in the same location as bingo - pull tabs, lotto, punch boards, tip jars, instant bingo, other games similar to bingo, and non-house banked card games authorized or not explicitly prohibited by the state in which the tribal operation is located. All other games are Class III, except for certain social or traditional forms of gaming. Class III games include, but are not limited to the following: baccarat, chemin de fer, blackjack, slot machines, and electronic or electromechanical facsimiles of any game of chance. The NIGC Office of General Counsel reviews games on request by a tribe or a game developer and issues advisory opinions on whether they are Class II or Class III. See How to request a legal opinion.
How can a tribe operate a casino on land that is in another state?
IGRA permits tribes to operate gaming on eligible Indian lands as that term is defined in the Act. The definition of Indian lands is not tied to a Tribe’s location in any particular state, but rather to the land’s status as reservation, trust, or restricted fee land and the Tribe’s jurisdiction over the land. It is possible for a tribe to have gaming eligible Indian lands in multiple states. See Indian Lands Opinions.
What is a Revenue Allocation Plan and when is it required for a tribe to have one?
IGRA requires tribes to use net gaming revenues only for specific purposes. In addition to those purposes, a tribe may elect to directly share gaming revenues with its citizens. This payment is called a “per-capita payment.” If a tribe chooses to make per-capita payments, it must first adopt and submit to the Secretary of the Interior for approval, a revenue allocation plan (RAP). The RAP specifies how the tribe will allocate net gaming revenues as required by IGRA. See Revenue Allocation Plans.
Do all tribes make payments to individual citizens from gaming revenue?
No. Tribes are not required to make per-capita payments and many tribes choose not to.
What happens to the profits from Indian gaming operations?
IGRA requires net revenues from any tribal gaming operation to be used for the following purposes:
- fund tribal government operations or programs
- provide for the general welfare of the Indian tribe and its members
- promote tribal economic development
- donate to charitable organizations
- help fund operations of local government agencies.
If a tribe is able to adequately provide these services and wishes to distribute net revenue in the form of a per capita payment to members of the tribe, the tribe must have a Revenue Allocation Plan, which is approved by the Secretary of the Interior.
When must a tribe submit a gaming ordinance to NIGC for the Chair’s review and approval?
Prior to engaging in Class II or Class III gaming, a tribe must submit a gaming ordinance or resolution adopted by its governing body to the NIGC for review and approval by the NIGC Chair. Amendments to gaming ordinances must be submitted within 15 days of adoption by the Tribe.
Tribal-State compacts are agreements that establish the rules to govern the conduct of Class III gaming activities. High noon casino. Although a compact is negotiated between a tribe and a state, the Secretary of the Interior must also approve the compact. See Gaming compacts.
How do tribes apply to have lands taken into trust?
Land into trust is a real estate transaction that converts land from private or individual (fee) title into the federal title. Trust status can only be conferred by an Act of Congress, a court decision or settlement, or, most commonly, through an application through the U.S. Department of Interior.
When should a tribe seek an Indian lands determination from the NIGC?
Does gaming have to take place on either reservations or land held in trust?
IGRA requires that Indian gaming occurs on Indian lands. Indian lands include land within the boundaries of a reservation as well as land held in trust or restricted status by the United States on behalf of a tribe or individual, over which a tribe has jurisdiction and exercises governmental power. This would include fee lands that are within the boundaries of the reservation. Tribes operating gaming facilities off of Indian lands are subject to the laws of the state where the facility is located.
What must a tribe do before opening a gaming facility?
- The tribe must determine whether the state in which the gaming facility is to be located permits such gaming. If the state permits gaming by any person, organization or entity, then tribes are allowed to conduct Class II gaming activities without state approval. If the tribe wishes to conduct Class III gaming, a Tribal-State compact must be negotiated. Monopoly tips and tricks.
- Indian gaming must be conducted on Indian lands within a tribes’ jurisdiction. Indian lands are defined as all lands within the limits of any Indian reservation and any lands title to which is either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation and over which an Indian tribe exercises government power.
- The tribe must submit a tribal gaming ordinance to the Commission. The ordinance must provide, among other things, that: (1) the tribe will have the sole proprietary interest and responsibility for conducting gaming, (2) net revenues will be used for specific purposes, (3) annual outside audits will be conducted, and (4) a process for licensing and conducting background checks is in place. The Chair of the NIGC must approve an ordinance before gaming can occur.
- If a tribe wishes to have the gaming facility managed by a third party, the Chair must have reviewed and approved a management contract.
Indian tribes are the primary regulators of Indian gaming. The NIGC regulates Class II gaming, as well as aspects of Class III gaming as consistent with IGRA. The regulation of Class III gaming may also be addressed in compacts between tribes and states. The level of state regulation varies by state.
Indian gaming occurs in the following 29 states
Alabama | Louisiana | Oregon |
Alaska | Michigan | Oklahoma |
Arizona | Minnesota | South Dakota |
California | Mississippi | Texas |
Colorado | Montana | Washington |
Connecticut | Nebraska | Wisconsin |
Florida | Nevada | Wyoming |
Idaho | New Mexico | |
Indiana | New York | |
Iowa | North Carolina | |
Kansas | North Dakota |
Does the Commission approve the opening of every Indian casino?
The Commission does not specifically approve the opening of Indian gaming facilities. However, before a tribe may operate a gaming facility, the NIGC must have reviewed and approved a tribe's gaming ordinance. A tribe must also license every gaming facility and submit to the NIGC notification that a license will be issued and a copy of any license that is issued. In addition, the land upon which the gaming operation will be located must be Indian land for gaming purposes. Additionally, if a tribe wishes to have management by a third party, the Chair must review and approve the management contract.
Where is state-specific information on casino profits located?
The NIGC does not make tribal-specific or state-specific confidential financial information available to the public.
How can the Commission regulate a multi-billion dollar industry on a limited budget?
Tribes are the primary regulators of gaming operations. The role of the Commission is necessarily less focused on the day-to-day operation of tribal gaming facilities, and more focused on monitoring, providing technical assistance and training, and supporting the work of tribal gaming regulators. Further, depending on individual Tribal-State compacts, some states may play a regulatory role in Class III Indian gaming operations.
The Commission is solely funded through fees collected from tribal gaming operations under its jurisdiction. The agency bases fees on a percentage of net revenue of Class II and Class III operations. See Annual Fees.
What is the Commission’s role in regulating Indian gaming?
IGRA vested the NIGC with the primary purpose of supporting tribal sovereignty and self-determination, and protection of the integrity of Indian gaming. To carry out that purpose, IGRA gives the NIGC approval authority over management contracts and tribal gaming ordinances, and mandates the Commission to provide training and technical assistance, and enforcement when necessary. Congress also vested the Commission with broad authority to issue regulations in furtherance of the purposes of the IGRA.
Slots has been a thing for eons. Over the decades, it has simply evolved and changed in form. But at its core, the gambling basics have remained unchanged. In the past decade or two, the industry has experienced many ‘tech upgrades’ that have increased the number of punters in the world. Today, you don’t have to take a trip down to Las Vegas. All you need is a steady internet connection an online casino you trust and you are set.Speaking of casinos, (land-based or online), there are two types of slot machines they feature; Class III and Class II. The two slots machines operate differently. The Class II slot machines are common in slots parlors. They are attached to Native American Casinos or horse racing tracks. Owing to improved tech tools, Class II slot machines have become more sophisticated. So much so that casual punters have a hard time telling them apart from Class III slot machines.
But you are in luck. In this piece, we shall scrape off the confusion by explaining the basics and answering some common questions related to Class II slot machines.
So, let’s get to it.
What Exactly Are Class II Slot Machines?
It’s simple. The Class II slot machines are designed to replicate Class III slot machines while remaining within the confines of the regulatory guidelines. The Class system is clearly stated and defined in the Indian Gaming Regulatory Act by the Federal Government. The Act defines all Class II games as bingo regardless of whether computer, electronic or any other tech gadgets are used with it and if it is played in the same room with bingo or any games similar to bingo.
The immediate consequence of this regulatory Act was that the high stake bingo games were legalized. Yes, the bingo games held in halls were super popular at some point. But with time, as developers sought to upgrade their gaming experience, they leaned towards a casino-like environment and experience. Though they managed to incorporate Class III casinos in some of their gaming options, they were met with a lot of resistance and legal issues.
It was during this time that Class II slot machines were designed. Since their inception, key players in the industry have been working around the clock to replicate Class III machine experience in Class II jurisdictions. Engineers have been contracted to build in-house systems while slot manufacturers were brought on board to create games that would run on the designed systems
How do they Work?
It’s true, aside from the LED bingo card which displays your card patterns for every spin; it’s really hard to differentiate the Class II from the Class III. The big part of the difference lies in how the game operates. So let’s peep under the hood and see how Class II slots machines are designed to meet legal requirements of being a bingo game.
First, there is usually a 20-millisecond window. Any person that presses the ‘Play’ button during this window enters into a common draw. For this draw to run there needs to be a minimum of two players (there is no maximum number). If there are only two players, one of them will get the winning pattern.
So here’s what happens when a video or slot poker is brought into the picture. Designers extrapolate odds of specific bingo games to video or slot games’ results that have similar odds. Usually, there are extra algorithmic processes that are in play which help to determine the outcomes but usually, the end results are similar – you pull the machine handle and the reels spin.
From the moment you pull the handle to the millisecond before they stop, you become one of the participants in a multiplayer bingo game. The results of the bingo game are ‘reported’ by the reels when they halt. If you are lucky, you’ll win some cash. So now if you think about it, you’ll have had a Las Vegas slot machine experience while in the background, the machine meets all the requirements which make it legal in Class II slot machine jurisdictions – areas where bingo is legal but RNG machines are not.
Now, most casinos that run the Class II slot machines claim that their odds are similar to those of Class III machines. This is how they explain it – it’s more like a scratch-off lottery card. But instead of scratching you’ll be pulling a handle.
And though this analogy is close to the real thing, it’s not quite accurate.
What do Class II Slots Look Like?
While they look extremely similar to Class III machines, the main way in determining if it is a Class II machine is to look on the display for a bingo table. It will look quite obvious and will indicate that the machine is using bingo logic rather than the typical RNG of a Class III machine.
Here’s an example below – notice that there is a bingo table located at the bottom right of the display.
Should You Play Class II Slot Games?
This is a really good question. And believe it or not, it’s pretty common. But despite this, its answer is not straight forward. But here’s something that will help you make that decision.
Gambling experts insist that Class II games are similar to lottery scratch tickets than Class II machines. You see, with lottery scratch tickets, the prize is determined before the printing of the tickets. Class II games may have shorter realization times but unfortunately, they aren’t random. The moment you pull the slot handle, the outcome of whether you have won or not and what prize you have won has already been made. The reels are only there to deliver the news.
Why do Casinos Prefer Class II Slot Machines?
Why is it that modern casinos seem to have a mix of Class II and Class III slot machines and games? And why is it that even with the mix, they are skewed towards class II games?
Well, first, the IGRA granted casinos self-regulating powers when it came to Class II games. However, with Class III games, they must be officially undergo rigorous testing through third parties and approved goverment organizations. This is to ensure that the randomness and reliability of the machine is deemed fair.
Second, casinos don’t have to pay taxes on the revenues generated from the Class II games. But on the Class III games, they are obligated to pay taxes.
Thirdly, the odds on winning in a Class II game are worse because you are put against a large pool of players to win instead of relying on RNG.
There you have it. Everything you need to make an informed decision. Hopefully, after reading this Class II and Class III slot machines don’t confuse you anymore. So with that go have a ‘happily ever after’ gambling experience.