and Performance Information

Fiscal Year 2025 

BUDGET

JUSTIFICATIONS

The United States

Department of the Interior

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and Related Agencies 

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NATIONAL INDIAN

GAMING COMMISSION

FY 2025 Budget Justification

NIGC - iii

DEPARTMENT OF THE INTERIOR

NATIONAL INDIAN GAMING COMMISSION

FY 2025 Budget Justification

Table of Contents

Page

Item Number

Executive Summary

Executive Summary 1 

Mission, Vision, and General Statement 2 

The Indian Gaming Regulatory Act of 1988 4 

Commission Structure 5 

Organization Chart 6 

Budget Priorities 8 

Background 8 

Annual Fees for Operations 9 

2025 Budget

Narrative Summary Statement 11

Summary of the FY 2025 Budget 12

Reimbursable Expenses 13

Fee Regulation 14

Authorization, Objectives and Program Activities 15

Employee Count by Grade 17

Government Performance and Results Act (GPRA) Information 19

Summary and Highlights of Commission Activities 20
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Executive Summary 

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National Indian Gaming Commission (NIGC)

Executive Summary

The National Indian Gaming Commission (NIGC or “Commission”) was created by the Indian Gaming 

Regulatory Act of 1988 (P.L. 100-497). The purpose of the Indian Gaming Regulatory Act (IGRA or 

“Act”) is, in part, to promote tribal economic development and self-determination; support the integrity of 

the Indian gaming industry; and ensure that tribes are the primary beneficiaries of their gaming activities. 

To ensure those purposes of IGRA are carried out, IGRA created NIGC as an “independent Federal 

regulatory authority for gaming on Indian lands... to meet congressional concerns regarding gaming and 

to protect such gaming as a means of generating tribal revenue.”1

 

In addition to NIGC, there are approximately 6,000 Tribal Gaming Regulators serving as the primary 

regulators of Indian gaming operations in 29 states. Further, states provide appropriate regulatory support 

to implement their respective responsibilities under IGRA and tribal-state compacts. Besides NIGC, 

tribal and state regulatory agencies, the Department of the Interior, the Department of Justice, and the 

Department of the Treasury all implement and enforce laws that serve to ensure that tribes are the primary 

beneficiaries of Indian gaming. NIGC coordinates closely with these governmental entities to fulfill the 

mandates of IGRA.

NIGC’s budget is tied to the mandates of IGRA. In May 2006, Congress enacted the Native American 

Technical Corrections Act of 2006 (Sec. 301 of P.L. 109-221). This Act authorizes the Commission to 

collect up to 0.080 percent of the gross gaming revenue, but also links NIGC’s fee collections to the 

growth or contraction of the Indian gaming industry so that the Agency’s funding reflects the financial 

status of the industry. Importantly, the Act also required the Agency to provide training and technical 

assistance to tribal gaming operations as agency functions. As in the past, the FY 2025 budget will 

continue to include expanding tribal consultation and improving intergovernmental coordination, 

providing training and technical assistance to tribal gaming commissions and operations, conducting a 

regulatory review, examining and assessing the efficiency and effectiveness of the Commission, and 

enhancing the information technology infrastructure.

1 25 U.S.C. § 2702(3).
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Mission

NIGC’s mission is to (1) promote tribal economic development, self-sufficiency, and strong tribal 

governments; (2) maintain the integrity of the Indian gaming industry; and (3) ensure that Tribes are the 

primary beneficiaries of their gaming activities. To fulfill its mission and achieve compliance, NIGC

works within the framework created by the IGRA by providing sound guidance, removing unnecessary 

roadblocks, and sensibly regulating gaming activities conducted by sovereign Indian tribes on Indian 

lands without stymieing the economic development and entrepreneurial spirit of tribes.

Vision

The Commission’s vision is to utilize its regulatory tools, including training, technical assistance, public 

education, and enforcement, to empower and partner with tribal governments to ensure that regulatory 

compliance and gaming integrity respect the capabilities and responsibilities of each sovereign tribe.

General Statement

The Indian Gaming Regulatory Act (IGRA) established NIGC as an independent Federal regulatory 

agency within the Department of the Interior. IGRA created NIGC to protect tribal gaming as a means of 

generating revenue for tribal governance and tribal communities. IGRA further provides a legal 

framework structured to safeguard tribes as the primary beneficiaries of their gaming operations, support 

the integrity of the Indian gaming industry, and assure that gaming is conducted fairly and honestly by 

both the operators and players.

NIGC ensures compliance with IGRA, NIGC regulations, and tribal gaming ordinances with more than 

520 gaming establishments licensed by approximately 250 federally recognized tribes located within 29 

states. To do so, the Commission regulates and monitors tribal gaming activity, inspects gaming 

premises, conducts background investigations, analyzes audits of Class II and certain aspects of Class III 

gaming operations, and investigates violations of IGRA. NIGC also coordinates its regulatory 

responsibilities with tribal regulatory agencies through the review and approval of tribal gaming 

ordinances and management agreements. NIGC further provides technical assistance, including extensive 

training, to tribal leaders as well as tribal gaming commissions and operators. The Commission may 

issue guidance to improve the operation and understanding of its regulatory goals. In addition, the 

Commission considers the Office of Self-Regulation’s recommendations when a tribe petitions for a 

certificate of self-regulation. 

When technical assistance and training do not result in compliance with IGRA, NIGC regulations, or the 

tribal gaming ordinance, NIGC may undertake enforcement action, which may include imposing 

appropriate sanctions for such violations, such as civil penalties and orders for temporary closure as well 

as referring criminal matters to appropriate tribal, Federal, and state entities. As NIGC fulfills these 

responsibilities, the Commission closely reviews any indications of corrupting influences by non-tribal 

governmental entities.
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NIGC - 3 National Indian Gaming Commission

IGRA authorizes the Commission to assess and collect fees on tribal gaming revenues to cover agency 

operating costs. NIGC also conducts background investigations, including fingerprinting, of individuals 

and entities with a financial interest in, or management responsibility for, potential management 

contracts. These investigations are conducted to provide the Chair with adequate information to 

determine whether to approve management contracts. The Commission is reimbursed periodically by 

the potential contractors for performing these investigative services. It is also reimbursed for fingerprint 

processing costs.

Although NIGC was created as an independent regulatory agency within the Department of the Interior, 

IGRA tasked both NIGC and the Department of the Interior with certain responsibilities under the Act. 

As such, the two Agencies work together to ensure the implementation of IGRA and effective regulation 

of the Indian gaming industry. The Commission also has unique relationships with the Indian gaming 

industry’s stakeholders. The Commission, as an agency of the Federal government, maintains a trust 

relationship with Indian nations. The Commission is committed to meaningful consultation with tribes 

prior to making changes to regulations or policies having tribal implications. Additionally, it endeavors 

to provide tribes, states, sister Federal agencies, and stakeholders with courteous and timely responses to 

issues as they arise.
FY 2025 Budget Justification

NIGC - 4 National Indian Gaming Commission

The Indian Gaming Regulatory Act (IGRA) of 1988

In 1987, the Supreme Court affirmed the inherent sovereign authority of tribes to operate and regulate 

gaming facilities on Indian lands free from state regulation if the state did not prohibit gaming (California 

v. Cabazon Band of Indians, 480 U.S. 202 (1987)). The following year, Congress enacted the Indian 

Gaming Regulatory Act. Embodied in IGRA was a compromise between state and tribal interests. The 

drafters “balance[d] the need for sound enforcement of gaming laws and regulations, with a strong 

Federal interest in preserving the sovereign rights of tribal governments to regulate activities and enforce 

laws on Indian lands.”2 IGRA fully preserved tribal regulatory authority over Class II gaming without 

state intervention. However, IGRA gave the states a role in determining the scope and extent of tribal 

gaming by requiring tribal-state compacts for Class III gaming.3

IGRA establishes the jurisdictional framework that governs Indian gaming. IGRA establishes three 

classes of games with a different regulatory scheme for each.

• Class I gaming is defined as traditional forms of Indian gaming or social games played solely for 

minimal prizes.4 Regulatory authority over Class I gaming is vested exclusively in tribal 

governments.

• Class II gaming is generally defined as the game of chance commonly known as bingo (whether 

or not electronic, computer, or other technological aids are used in connection therewith) and (if 

played in the same location) pull-tabs, lotto, punchboards, tip jars, instant bingo and other games 

similar to bingo. Class II gaming also includes non-banked card games under certain conditions. 

IGRA specifically excludes slot machines or electronic facsimiles of any game of chance from 

the definition of Class II games. Tribes retain their authority to conduct, license and regulate 

Class II gaming as long as the state in which the tribe is located permits such gaming for any 

purpose, and the tribal government adopts a gaming ordinance approved by the Commission. 

Tribal governments are responsible for regulating Class II gaming, with Commission oversight.

• Class III is defined as all forms of gaming that are neither Class I nor Class II. Games commonly 

played in casinos, including, but not limited to, any house banked game, slot machines5

, 

blackjack, craps, and roulette, fall in the Class III category. Class III gaming is often referred to 

as full-scale casino-style gaming. As a compromise among tribal, state and Federal interests, 

IGRA restricts tribal authority to conduct Class III gaming. Before a tribe may lawfully conduct 

Class III gaming, the following conditions must be met: (1) the facility must be located in a state 

that permits such gaming for any purpose by any person, organization or entity; (2) the tribe and 

the state must have negotiated a compact that has been approved by the Secretary of the Interior, 

or the Secretary must have approved secretarial procedures; and (3) the tribe must have adopted a 

tribal gaming ordinance that has been approved by the Chair of the Commission. State and tribal 

governments are primarily responsible for regulating Class III gaming.

2 134 Cong. Rec. S12649 (daily ed. Sept. 15, 1988).

3 25 U.S.C. § 2710(d)(1)(C). 4 25 U.S.C. § 2703(6); 25 C.F.R. § 502.2.

5 As defined in 15 U.S.C. 1171(a)(1). 
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NIGC - 5 National Indian Gaming Commission

Although Congress clearly intended states to address Class III regulatory issues in tribal-state compacts, 

IGRA did not make this mandatory, and many states accordingly rely upon continued tribal and Federal 

oversight by NIGC to address their regulatory concerns regarding Class III tribal gaming under IGRA. 

Additionally, IGRA tasks NIGC with a number of specific regulatory functions, such as: approving tribal 

ordinances for Class II and Class III gaming; approving management contracts; promulgating and 

implementing regulations; and ensuring tribes and management contractors comply with IGRA and 

Commission rules and regulations. Accordingly, the Commission plays a key role in the oversight and 

regulation of both Class II and Class III gaming.

Commission Structure

The Commission is composed of a Chair, appointed by the President and confirmed by the Senate, and 

two Associate Commissioners appointed by the Secretary of the Interior after a public notice and 

comment period. The Commission selects a Vice Chair by majority vote. IGRA established NIGC as a 

bipartisan agency, permitting only two of the three Commissioners to be from the same political party. In 

addition, at least two members of the Commission must be enrolled tribal members. NIGC’s 

organizational structure is composed of two main branches, the Office of General Counsel which handles 

legal affairs, and the Office of the Chief of Staff, which manages day-to-day activities and includes the 

Division of Compliance, Division of Finance, Division of Public Affairs, and the Division of Technology.

The Commission provides Federal oversight to more than 520 tribally licensed gaming establishments on 

Indian land in 29 states. The Commission maintains its headquarters in Washington, DC and has eight

regional offices. The Commission had a combined staff of 129 full-time employees as of the end of 2023. 

Approximately half of the Commission staff is assigned to headquarters in Washington, DC, with the 

remaining staff working remotely or assigned to regional offices located in Portland, Oregon; 

Sacramento, California; Phoenix, Arizona; St. Paul, Minnesota; Rapid City, South Dakota; Tulsa, 

Oklahoma; Washington, DC; and Oklahoma City, Oklahoma. 
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NIGC Organizational Structure 

The NIGC's organizational structure is composed of two main branches, the Office of General Counsel 

which handles legal affairs, and the Office of the Chief of Staff, which manages day-to-day activities and 

includes the Division of Compliance, Division of Finance, Division of Public Affairs, and the Division of 

Technology. 

Region 

Offices 

CJIS 

Audit 

Unit 

Fingerprint 

Services 

Audit 

Program 

l 

Privacy & 

Records Mgmt 

FOIA 

Public 

Affairs 

Legislative & 

Intergovernmental 

Affairs 

Background 

Investigations 

Management 

Contracts 

* This function was moved from the Division of Compliance to the Division of Public Affairs. 

Training 

Program 

*Safety & 

Occupational 

Health 

Accounting 

Procurement 

NIGCGOV 
FY 2025 Budget Justification

NIGC - 7 National Indian Gaming Commission

National Indian Gaming Commission

Regions 

The Commission administratively established the locations of its field offices not to reflect the 

distribution of gaming activity or market considerations but to improve the level and quality of services it 

provides to tribes, and to enhance its ability to communicate, collaborate, and interact with tribes located 

within each office’s geographic region. The field offices are vital to carrying out the statutory 

responsibilities of the Commission. By having auditors and compliance officers close to tribal gaming 

facilities, the Commission seeks to facilitate compliance with the Act and foster better relationships with 

tribal leaders, officials, and regulatory personnel. In addition to auditing and investigative activities, the 

field staff provides technical assistance and training to promote a better understanding of gaming controls 

Regional Office 

Portland 

Phoenix 

St. Paul 

Rapid City 

Tulsa 

Oklahoma City 

Areas Served 

Alaska, Washington, Oregon and Idaho 

California, and northern Nevada 

Arizona, New Mexico, Colorado, and southern Nevada 

Nebraska, Minnesota, Iowa, Wisconsin, Michigan and Indiana 

Montana, Wyoming, North Dakota and South Dakota 

Kansas and eastern Oklahoma 

Texas and western Oklahoma 

Washington, DC Louisiana, Mississippi, Alabama, Florida, North Carolina, New York and Connecticut 
FY 2025 Budget Justification

NIGC - 8 National Indian Gaming Commission

within the regulated industry, and to enhance cooperation and compliance to ensure the integrity of 

gaming operations.

Budget Priorities

The Commission will continue its positive trend of improving services to tribal governments and tribal 

gaming commissions while finding a stable balance in its fee rate collections. In addition, the 

Commission notes the importance of maintaining its fiscal self-sufficiency to ensure the continuity of its 

operations given any potential risks to significant fluctuations to its singular source of funding and the 

impact those fluctuations would have on Indian gaming’s regulatory framework. Technology in the 

gaming industry continues to evolve, resulting in both greater efficiencies and new challenges. In order to 

keep pace with changes in technology, financial resources will be directed to providing technical training

to the Commission staff and updating technology platforms. In addition, the Agency will continue to 

provide up-to-date technical training to tribal gaming operators and regulators to assure their ability to 

regulate and safeguard the integrity of Indian gaming. Strategic flexibility will ensure that adequate 

resources are available to meet the growing needs for technical assistance and training in Indian gaming 

enterprises large and small.

Background

Prior to 1997, the Commission was legislatively prohibited from collecting fees in excess of $1.5 million 

annually. The 1998 Interior Appropriations Act (P.L. 105-83) expanded the fee base to include Class III 

(casino style) gaming and raised the limitation on annual fee collections to $8 million. In the 2003, 2004, 

2005, and 2006 Interior Appropriations Acts, the Congress enacted a general provision raising this 

limitation to $12 million for fiscal years 2004, 2005, 2006, and 2007 respectively. On May 12, 2006, 

Congress enacted the Native American Technical Corrections Act of 2006 (P.L. 109-221) providing a 

new limit to the fees of no more than 0.080 percent of the gross gaming revenues of all gaming 

operations.

6

 

This amendment allowed the Commission to maintain a fee collection level in proportion to the size of 

the industry it oversees. With fees now capped at 0.080 percent of the industry's gross revenue, the 

Commission’s funding expands or contracts in proportion to the growth or contraction of the Indian 

gaming industry. The Commission historically worked to maintain a fee rate well below the statutory 

limit, but due to the significant decrease of the industry’s gross gaming revenues during the pandemic, the 

fee rate was raised to and maintained at its full statutory limit since FY 2022. 

Another legislative change included in Public Law 109-221 was the requirement that the Commission, 

like other Federal agencies, be subject to the Government Performance and Results Act of 1993 (GPRA), 

and that any plan instituted in compliance with GPRA include technical assistance to tribal gaming 

operations.7 In accordance with this mandate, NIGC submitted its GPRA Strategic Plan for Fiscal Years 

2022 to 2026 to Congress and the Office of Management and Budget (OMB). The NIGC strategic plan is 

posted on the NIGC website at: https://www.nigc.gov/commission/strategic-plan. 

6 25 U.S.C. 2717(a)(2)(B).

7 25 U.S.C. 2706(d)(1)-(2).
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Annual Fees for Operations

The Commission assesses annual fees on tribal gaming revenues in accordance with procedures set forth 

in 25 C.F.R. Part 514. On January 22, 2018, the Commission published changes to the fee regulations in 

the Federal Register (83 FR 2903). The amended regulations became effective on February 21, 2018. 

The changes to these regulations are intended to improve the efficiency of the Commission’s fee rate 

analysis and publication process, coincide the fee rate announcement with the annual release of the Gross 

Gaming Revenue numbers and the completion of the Commission’s budget for the upcoming year, and 

mitigate the confusion that may arise from changing the fee rate twice a year. Under the prior regulations 

published in 2012, the Commission adopted a preliminary fee rate by March 1 and a final fee rate by June 

1 of every year. The current regulations simplify this process by providing that the Commission will 

adopt a final fee rate no later than November 1 of each year. The current regulations also define the fiscal 

year used in calculating the annual fee so that one fee rate is applied consistently to a gaming operation’s 

assessable gross revenues for one fiscal year. Finally, among other clarifying revisions to the fee 

regulations, the rule describes the fees and statements required of gaming operations that cease 

operations. The fee rate must be sufficient to generate income to fund the annual operation of the 

Commission, and to maintain a transition balance for the upcoming year’s operation. Each gaming 

operation within the jurisdiction of the Commission must self-administer the provisions of 25 C.F.R. Part 

514, and report and pay any fees that are due to the Commission quarterly.

Maintenance of the transition balance is essential to the fiscal integrity of the Commission because the 

unique statutory provisions governing the Commission’s funding subject it to significant cash flow 

variations. Unlike other Federal agencies, the Commission’s authorizing legislation does not provide for 

full funding at the beginning of each fiscal year. Instead, the Commission receives quarterly payments 

equal to one fourth of each gaming operation’s reported annual fee assessment. The carryover transition 

balance is necessary to cover the first and second quarter of operation until the fees are actually received 

and credited to the operating account. For example, fees collected on or before the December 31, 2024, 

due date will provide the operational capital for the first three months of calendar year 2025. The 

Commission attempts to maintain a transition balance to fund the first two quarters of the new year to

absorb any cash flow variations that may occur.
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FY 2025 Budget 

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DEPARTMENT OF THE INTERIOR

NATIONAL INDIAN GAMING COMMISSION

Narrative Summary Statement

The Indian Gaming Regulatory Act (IGRA) established the National Indian Gaming Commission (NIGC) 

as an independent Federal regulatory agency within the Department of the Interior. The purpose of IGRA 

and NIGC is to support and promote tribal economic development, self-sufficiency and strong tribal 

governments through the operation of gaming on Indian lands. The Commission collaborates with tribes 

to monitor and regulate gaming activities conducted on Indian Lands to ensure that gaming operations are 

conducted with integrity and that tribes are the primary beneficiaries of gaming revenues. IGRA 

authorizes the Commission to assess and collect fees on tribal gaming revenues to cover agency operating 

costs.
FY 2025 Budget Justification

NIGC - 12 National Indian Gaming Commission

Summary of the Fiscal Year 2025 Budget

NIGC Gaming Activity Fees 2023 

Actual

2024 

Annualized 

CR

2025 

Request

Permanent Budget Authority ($ Millions)* 27 29 31

FTEs** 121 140 140

* Net after sequestration

** Total compensable full-time equivalents

Permanent Appropriation 

IGRA, as amended, established NIGC to monitor and participate in the regulation of gaming conducted 

on Indian lands. NIGC’s operational costs are financed through annual assessments of gaming operations 

regulated by the Commission.

NIGC is forecasting FY 2024 Gaming Activity Fees at $29 million which is based on the FY 2024 fee

rate of 0.08% adopted by the Commission on November 1st, 2023. This fee rate remains unchanged from

FY 2023. To ensure the Agency has sufficient funding to fully meet its statutory and regulatory 

responsibilities as the gaming industry continues to emerge from the pandemic, it is necessary for the 

Commission to maintain the fee rate at 0.08% for FY 2024. The Commission’s FY 2024 budget also 

included the one-time capital investments for the Washington D.C. headquarters office relocation and the 

Agency’s hardware refresh of core networking and server computing devices required to support the 

Agency’s operations infrastructure. Maintaining valid support agreements and replacing aging hardware 

when needed is vital to ensure maximum uptime for IT operations while minimizing disruptions to 

business processes. The estimated FY 2025 Gaming Activity Fees of $31 million reflects the preliminary 

forecast of the FY 2023 GGR (basis for calculating FY 2025’s Gaming Activity Fees). 

Unlike other federal agencies, NIGC does not receive congressionally appropriated funding. Instead, the 

Agency receives quarterly payments from Tribes equal to one quarter of their gaming operation’s reported 

annual fee assessment. To guarantee the Agency’s continuity of operations, the Commission must

maintain an adequate transition carryover balance to cover any cash flow variations resulting from the 

timing difference of fee receipt and operational payments.

The Agency’s actual full-time equivalents (FTE) count was 121 in FY 2023 and projected to be 140 at the 

end of FY 2024 and FY 2025. As the Indian gaming industry continues to rebound from the pandemic, 

backfilling positions has been a budget priority of the Agency. For FY 2024 and FY 2025, the 

Commission remains dedicated to recruiting and retaining talented employees along with identifying 

employee professional development opportunities and competitive salaries.
FY 2025 Budget Justification

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Reimbursable Expenses

The National Indian Gaming Commission conducts background investigations of individuals and entities 

with a financial interest in, or management responsibility for, potential management contracts. Tribes 

may also submit fingerprint cards to the Commission for processing by the Federal Bureau of 

Investigation and the Commission may charge a fee to process fingerprint cards on behalf of the Tribes. 

The Commission is reimbursed from the potential contractors to conduct these background investigations 

and for fingerprint processing costs.
FY 2025 Budget Justification

NIGC - 14 National Indian Gaming Commission

Fee Regulation

The regulations implementing the legislative provisions governing the collection of fees allow the 

Commission to collect the statutory maximum allowed by Congress: 

§514.14 Annual Fees

(a) The total amount of all fees imposed during any fiscal year shall not exceed the statutory maximum 

imposed by Congress. The Commission shall credit pro-rata any fees collected in excess of this amount 

against amounts otherwise due.

Additionally, in January 2018, NIGC regulations were amended to specifically address the collection of 

fees for fingerprint processing:

§ 514.15 May tribes submit fingerprint cards to NIGC for processing?

Tribes may submit fingerprint cards to the Commission for processing by the Federal Bureau of 

Investigation (FBI) and the Commission may charge a fee to process fingerprint cards on behalf of the 

tribes.

§ 514.16 How does the Commission adopt the fingerprint processing fee?

(a) The Commission shall review annually the costs involved in processing fingerprint cards and, by a 

vote of not less than two of its members, shall adopt the fingerprint processing fee no later than 

November 1st of each year.

(b) The Commission shall publish the fingerprint processing fee in a notice in the Federal Register.

(c) The fingerprint processing fee shall be based on fees charged by the Federal Bureau of Investigation 

and costs incurred by the Commission. Commission costs include Commission personnel, supplies, 

equipment costs, and postage to submit the results to the requesting tribe.

§ 514.17 How are fingerprint processing fees collected by the Commission?

(a) Fees for processing fingerprint cards will be billed monthly to each tribe for cards processed during 

the prior month. Tribes shall pay the amount billed within forty-five (45) days of the date of the bill.

(b) The Chair may suspend fingerprint card processing for a tribe that has a bill remaining unpaid for 

more than forty-five (45) days.

(c) Remittances and other communications about fingerprint processing fees shall be sent to the 

Commission by the methods provided for in the rates of fees notice published in the Federal Register.
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Authorization:

Indian Gaming Regulatory Act, Public Law 100-497, as amended.

Objectives:

To regulate and monitor gaming conducted on Indian lands and to protect Indian gaming as a means of 

generating tribal revenues.

Program Activities:

The Commission’s mission is to work within the framework created by the Indian Gaming Regulatory 

Act (IGRA) for the regulation of gaming activities conducted by sovereign Indian tribes on Indian lands 

to fully realize IGRA’s goals: (1) promoting tribal economic development, self-sufficiency, and strong 

tribal governments; (2) maintaining the integrity of the Indian gaming industry; and (3) ensuring that 

tribes are the primary beneficiaries of their gaming activities. To affect these goals, the Commission is 

authorized to carry out training and technical assistance; conduct investigations; undertake enforcement 

actions, including the issuance of notices of violation, assessment of civil fines, and issuance of closure 

orders; approve management contracts; and issue such regulations as necessary to meet its responsibilities 

under the IGRA. 

The IGRA grants the Chair, on behalf of Commission, the authority to: 

 

• issue temporary closure orders8

• levy civil fines, of up to $63,992 per violation per day, against a tribe, management contractor, or 

individual operator for violation of the Act, the regulations, or a tribal gaming ordinance9

 

• approve tribal gaming ordinances10

• approve gaming management contracts11

• appoint and supervise staff12 

The Commission is empowered by IGRA to: 

• monitor gaming activities13

• inspect gaming premises14

• conduct background investigations15

8 25 U.S.C. 2705(a)(1).

9 25 U.S.C. § 2705(a)(2). Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 

2015 (Sec. 701 of P. L. 114-74), the original civil penalty amount of $25,000 is adjusted annually.

10 25 U.S.C. § 2705(a)(3). 11 25 U.S.C. § 2705(a)(4). 12 25 U.S.C. § 2707(b).

13 25 U.S.C. § 2706(b)(1). 14 25 U.S.C. § 2706(b)(2).

15 25 U.S.C. § 2706(b)(3).
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NIGC - 16 National Indian Gaming Commission

• inspect records relating to gaming16

• approve the annual budget17

• adopt regulations for the assessment and collection of civil fines18

• adopt a schedule of annual fees19

• issue permanent closure orders20

• adopt regulations as deemed appropriate to implement the provisions of IGRA21

• authorize the Chair to issue subpoenas and order testimony to be taken by deposition22

• issue and rescind certificates of self-regulation23

 

In carrying out its responsibilities, the Commission also:

• maintains and enhances relationships with other Federal agencies and partner governments

• provides education, training, and technical assistance regarding applicable statutory and regulatory 

requirements

• assists tribes with background investigations and fingerprint processing

• receives and processes appeals of final agency action24

• conducts formal and informal hearings 

• consults with Indian tribes

• engages with states and the regulated community

• issues advice and guidance through bulletins, advisory opinions, and other publications

• provides audits and other evaluative services 

16 25 U.S.C. § 2706(b)(4).

17 25 U.S.C. § 2706(a)(1).

18 25 U.S.C. § 2706(a)(2).

19 25 U.S.C. § 2706(a)(3).

20 25 U.S.C. § 2706(a)(5). 21 25 U.S.C. § 2706(b)(10). 22 25 U.S.C. § 2715.

23 25 U.S.C. § 2710(c). 24 25 U.S.C. §§ 2705(a),2706(a)(5), 2713(a)(2).
FY 2025 Budget Justification

NIGC - 17 National Indian Gaming Commission

 

Employee Count by Grade 2023 Actual 2024 Estimate 2025 Estimate

Executive Level IV .................................... 6 6 6

Executive Level V .................................... 1 2 2

SES .................................................... 0 0 0

Subtotal .............................................. 7 8 8

SL - 00 ................................................. 1 1 1

ST - 00 ................................................. 0 0 0

Subtotal .............................................. 1 1 1

GS/GM -15 ........................................... 12 13 13

GS/GM -14 ........................................... 29 30 30

GS/GM -13 ........................................... 45 60 60

GS -12 ................................................. 19 11 11

GS -11 ................................................. 3 3 3

GS -10 ................................................. 0 0 0

GS - 9 ................................................. 2 2 2

GS - 8 ................................................. 1 1 1

GS - 7 ................................................. 10 11 11

GS - 6 ................................................. 0 0 0

GS - 5 ................................................. 0 0 0

GS - 4 ................................................. 0 0 0

GS - 3 ................................................. 0 0 0

GS - 2 ................................................. 0 0 0

GS - 1 ................................................. 0 0 0

Subtotal ................................................. 121 131 131

Other Pay Schedule Systems ........................ 0 0 0

 Total employment (actuals & estimates) ...... 129 140 140

National Indian Gaming Commission

Employee Count by Grade

(Total Employment)
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NIGC - 18 National Indian Gaming Commission

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GPRA Information 

FY 2025 Budget Justification

NIGC - 19 National Indian Gaming Commission

Government Performance and Results Act Information

In 2006, Congress amended the Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701 – 2721, Pub. L. 100-

497, for the first time and made the National Indian Gaming Commission subject to the Government 

Performance and Results Act of 1993 (GPRA), Pub. L. 103-62. That obligation is set out at 25 U.S.C. § 

2706(d)(1), which states: “In carrying out any action under this chapter, the Commission shall be subject 

to the Government Performance and Results Act of 1993.”

 

GPRA requires that an agency’s “strategic plan shall be updated and revised at least every four years.” 5 

U.S.C. § 306(b). Consistent with this obligation and the Commission’s vision of adhering to principles of 

good government, including transparency to promote agency accountability and fiscal responsibility, 

NIGC followed the consultation requirements set forth in the GPRA, Executive Order 13175 

“Consultation and Coordination with Indian Tribal Governments,” the National Indian Gaming 

Commission Policy on Consultation with Indian Tribes, and guidance from the Office of Management 

and Budget (OMB). NIGC recognizes the importance of tribal consultation in formulating policy and 

maintaining the government-to-government relationship with tribal nations. To engage with tribal leaders

in formulating the strategic plan, NIGC sent written notice of the availability of the draft strategic plan 

and held a webinar to present and hear comments on it, followed by a comment period of more than a 

month. In addition, tribal input received during preceding consultation sessions related to the subject 

matter was taken into consideration. NIGC also engaged with the public by posting the draft strategic 

plan for comment to NIGC website. All relevant comments and feedback received during the webinar, 

in-person tribal consultations sessions, and from the public were taken into consideration in finalizing the 

strategic plan.

The strategic plan for fiscal years 2022-2026 was published in February 2022. The plan focuses on 

support for industry integrity, efforts around agency accountability, the regulatory community’s 

commitment to preparedness, and innovation in the Agency’s outreach and collaboration. The newly 

adopted strategic plan also includes for the first time establishing employee committees to advise on and 

assist in measures to ensure achievement with the plan’s goals. This strategic plan updates and supersedes

the fiscal years 2018 – 2022 plan.
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Summary and Highlights of Commission Activities

During FY 2023, the Commission’s four primary goals arising from its 2022 Strategic Plan consisted of 

(1) Industry Integrity; (2) Preparedness; (3) Outreach; and (4) Agency Accountability. As such, during 

the past fiscal year, the Commission accomplished the following goals and tasks.

• The Commission continued its emphasis on working with tribal, state, and Federal regulators to 

ensure effective coordination in the regulation of Indian gaming, working with tribes to ensure 

compliance with IGRA, and taking enforcement action for violations of IGRA when necessary.

• The Agency met National Archives and Records Administration standards for electronic record 

management and is on schedule to meet records management priorities.

• The Office of General Counsel advised the Chair and Commission on four management contracts, 

thirty tribal ordinance submissions, appeals of final agency action, and litigation. Additionally, the 

Office of General Counsel assisted and brought stability to the tribal gaming industry by offering 

opinions on a variety of matters including two game classification opinions and 32 financing or other 

agreements to ensure they do not implicate management or sole proprietary interest concerns.

• NIGC continued its consultation efforts in FY 2023 with Series C, focusing on implications for 

technology and NIGC processes to protect tribal assets, including NIGC background investigations 

and the substantial violations list. The Agency published an updated consultation policy in October 

2022. As a result of this consultation cycle efforts, NIGC published additional Final Rules and 

requirements in FY 2023 on the following topics: reducing the number of background investigations; 

audit standards and requirements; Key Employee (KE) and Primary Management Official (PMO) 

definitions; and self-regulation of Class II gaming.

• On September 15, 2023, the Commission issued a final rule amending the definitions of Background 

Investigation for Primary Management Officials and Key Employees, and Gaming Licenses for 

Primary Management Officials and Key Employees. This amendment revises certain definitions in 

25 C.F.R. Part 502 to allow tribes to designate other gaming enterprise employees as key employees 

and other employed gaming enterprise management officials as primary management officials, 

including tribal gaming regulatory authority (TGRA) personnel. Further, the key employee definition 

no longer sets forth a wage threshold but includes in the definition a gaming operation's four most 

highly compensated persons. Also, the terms “independent” and “governmental” were deleted from 

the TGRA definition, aligning it with a corresponding definition in NIGC regulations, part 547. 

Lastly, license revocation decisions only require notifying the Commission of the revocation along 

with a copy of the revocation decision.

This final rule change was the direct result of the Agency’s three-part consultation series that began in 

July of 2021. This accomplishment addressed Criminal Justice Information Services (CJIS) Policy 

compliance and provided tribes with flexibility needed to identify additional positions and duties for 

backgrounding and licensing for key employees and primary management officials. Commission 

staff continues to offer training and technical assistance to gaming tribes regarding implementation of 

the final rule change, including the development of resources and materials for tribes and tribal 

gaming regulatory authorities to use. 
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• On October 18, 2022, the Commission issued a final rule amending its regulations regarding selfregulation of Class II gaming under the Indian Gaming Regulatory Act. The amendment revises 25 

C.F.R. Part 518 to address an ambiguity in the petitioning process and to clarify the Office of SelfRegulation's (OSR) role once the Commission issues a certificate. Notably, the amendment: clarifies 

that NIGC may issue a final decision on issuing a certificate within 30 days instead of after 30 days; 

removes the requirement that the director of the OSR be a Commissioner; clarifies that the OSR is the 

correct party to receive notifications of material changes from self-regulated tribes; expands the 

deadline for tribes to report material changes to the OSR from three business days to 10 business 

days; clarifies the OSR will be the office to make any recommendations to revoke a certificate of selfregulation before the Commission; and clarifies that, in any revocation proceeding, the OSR has the 

burden to show just cause for the revocation and carry that burden by a preponderance of the 

evidence.

• On November 8, 2022, the Commission issued a final rule amending its Audit standards regulations. 

The amendments revise 25 C.F.R. Part 571 to eliminate the Commission waiver requirement for 

reviewed financial statements and allow all operations grossing less than $2 million in the previous 

fiscal year to submit reviewed financial statements if the tribe or tribal gaming regulatory authority 

(TGRA) permits the gaming operation to submit reviewed financials. The amendments also create a 

third tier of financial reporting for charitable gaming operations with annual gross revenues of 

$50,000 or less. If permitted by the tribe, a tribal or charitable gaming operation may submit 

financial information on a monthly basis to the tribe or the TGRA and in turn, the tribe or TGRA 

provides an annual certification to NIGC regarding the gaming operation's compliance with the 

financial reporting requirements. The amendments also add a provision clarifying that the submission 

of an adverse opinion does not satisfy the regulation's reporting requirements.

• On November 14, 2022, the Commission issued a final rule amending the management contract 

regulations. The management contract final rule amended 25 C.F.R. Part 537 to require background 

investigations only for persons who have 10 percent or more direct or indirect financial interest in a 

management contract. The management contact final rule also authorizes the Chairman, to 

unilaterally reduce the scope of background investigations for certain entities and individuals.

• On December 16, 2022, the Commission issued a final rule amending its regulations regarding 

appeals of final agency action before the Commission. This final rule amended 25 C.F.R. Part 585 to 

add a comprehensive settlement procedure for appeals before the Commission. This amendment also 

limits the motions permitted during an appeal to those listed in Part 585.4. 

• The Commission continued the process of focusing its training activities and agency resources by 

identifying partnerships, improving training offerings, and utilizing technology to reach intended 

audiences more effectively. The Agency expanded its blend of both in-person and virtual events to a 

record 83 sessions, presenting over 240 courses. Of note, the Agency hosted three in-person events 

consisting of two National Training Conferences and one Advanced Internal Audit Workshop and 

participated in 11 professional organizational tradeshows and conventions. Significantly, the agency 

held two symposia with other federal partners covering cybersecurity and Bank Secrecy Act/Anti 

Money Laundering (BSA/AML) topics. The Commission also completed 10 National Training Topic 

of the Month sessions, 55 site-specific trainings, and a Special Emphasis event. The Commission 
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also continued to increase its video library consisting of 117 recordings, up from 96. These events 

provided instruction to more than 20,000 individuals including stakeholders and NIGC employees.

• Commission auditors performed 33 reviews and evaluations for FY 2023: 8 Internal Control 

Assessments (ICA), 5 Investigative Audits (IVA), 12 ICA Follow-ups, assistance on 8 site visits, 519

reviews on audited financial statements and 408 Agreed Upon Procedure report reviews. The audit 

findings were included in reports delivered to the audited tribes. The Commission will offer technical 

assistance to the tribes in identifying and implementing remedial action.

• Commission staff continued to diligently review management contracts. The Commission received 

six new management agreement/amendment submissions and four management contracts were 

approved by the Chairman in FY 2023. 

• The Commission continued to conduct financial background investigations on persons and entities 

associated with management contractors. The Commission received 44 applications for background 

investigations in FY 2023. 

• The Commission processed approximately 244,476 background and licensing actions including 

dissemination of fingerprint cards to and from the FBI and name checks for tribal gaming 

commissions.

• The Commission, through its Compliance Division, addressed potential non-compliance through its 

standardized regulatory processes, analyzed tribal gaming facilities and created a compliance plan 

that included one site visit at each tribal gaming facility conducted either remotely or in person. The 

Compliance Division completed 644 site visits, 84 internal audit checklists, 234 licensing reviews and 

38 Criminal Justice Information Services (CJIS) audits.

• The Commission, through its Division of Technology, continued migrating critical applications to 

cloud services and modernizing fingerprint processing services provided to tribes. Additionally, the 

Division of Technology completed an organization-wide refresh of user endpoint devices to include 

implementation of mobile device management and deployed encryption services to ensure protection 

of data-at-rest (DAR). The Division of Technology also improved security preparedness of agency 

staff through cybersecurity awareness communications and use of simulated phishing exercises to 

further develop knowledge and training of users.

• The Commission, through its Division of Technology, issued 5 Tech Alerts & Warnings and 4 

Internal IT Bulletins; it also completed 20 IT Vulnerability Assessments and 7 CJIS Regional 

Assessments. 

• The Commission, through its Division of Technology, continued to innovate agency-managed IT 

services and improved security compliance by collaborating with the Department of Homeland 

Security (DHS) Cybersecurity and Infrastructure Security Agency (CISA) to implement Governmentwide cybersecurity initiatives including the submission of the agency’s annual Federal Information 

Security Modernization Act (FISMA) report through Cyberscope. 

• The Commission, through its Privacy program, completed 3 System of Records Notices (SORNs), 

updated Privacy Impact Assessments (PIAs) for relevant IT systems, and implemented a Personally 

Identifiable Information (PII) Breach Response Policy to ensure NIGC responds to PII incidents in an 

effective manner in accordance with OMB M-17-12.
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• To promote Environmental Public Health and Safety (EPHS) awareness and the Commission’s 

emergency preparedness emphasis, the Safety and Occupational Health Manager completed 4 on-site 

EPHS Assessments along with technical assistance, 4 site-specific trainings, and presented EPHS 

topics at 8 national trainings and 4 NIGC trainings.

• The Commission continued to update the Self-Regulation webpage placing all the information 

regarding self-regulation in one location, https://www.nigc.gov/utility/office-of-self-regulation.

• The Commission implemented changes to 518 Self-Regulation to address an ambiguity in the 

petitioning process and clarify and expand the Office of Self-Regulation's (OSR) role once the 

Commission issues a certificate. The rule clarifies NIGC may issue a final decision on issuing a 

certificate within 30 days instead of after 30 days; enumerates the OSR is the correct party to receive 

notifications of material changes from self-regulated tribes; clarifies the OSR will be the proponent of 

any case to revoke a certificate of self-regulation before the Commission; enables the OSR to obtain 

information from a self-regulated tribe; and clarifies that, in any revocation proceeding, the OSR has 

the burden to show just cause for the revocation and carry that burden by a preponderance of the 

evidence.

• The OSR completed 3 training panels in FY 2023 covering the entire self-regulation process from 

petition to issuance of a self-regulation certificate. Additionally, the Commission hosted a selfregulation summit with self-regulated tribes.

During FY 2024, the Commission will continue its four strategic plan initiatives which focus on support 

for industry integrity; efforts around agency accountability; the regulatory community’s commitment to 

preparedness; and innovation in the Agency’s outreach and collaboration.

• The Commission will continue ongoing meetings with tribes regarding NIGC Operational Updates, 

Budget Development Process and Regional Summits.

• The Commission continues to review prior year consultation activity and make appropriate regulatory 

changes in accordance with the Agency’s consultation policy.

• The Commission continues to offer training and technical assistance, and enforcement when 

necessary, to help facilitate compliance throughout all regions.

• The Commission continues to assess and seek out opportunities to enhance diversity, equity, 

inclusion, and accessibility in its practices to recruit, hire, develop, retain, engage, and motivate a 

diverse, results-oriented, high performing workforce.

• The Commission continues to provide technical assistance and resources to tribes related to 

emergency preparedness.

• The Commission continues to build upon relationships with tribal, Federal, and state regulatory and/or 

law enforcement agencies.

• The Commission will continue promoting tribes’ capacity to plan for risks to tribal gaming assets 

including man-made disaster threats, cybersecurity threats, pandemics, natural disaster threats, the 

need to modernize and enhance regulatory and gaming operation workforces, or public health and 
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safety emergencies such as active shooter and human trafficking threats. To enhance these efforts, 

the Commission has hired staff with subject matter expertise in environmental, public health and 

safety to better assist tribes with critical event response and preparedness planning.

• The Commission continues to review and update its regulations to maintain the integrity of Indian 

gaming. The Commission will continue to consult with tribes as part of its regulatory review.

• The Office of General Counsel continues to advise the Chair and Commission on management 

contracts, tribal ordinance submissions, and litigation. Additionally, the Office of General Counsel 

continues to assist and bring stability to the tribal gaming industry by offering opinions on a variety 

of matters including game classifications, Indian land status, and whether financing or other 

agreements implicate management or sole proprietary interest concerns.

• The Commission continues to work on drafting, or revising, and adopting additional internal agency 

policies.

• The Commission continues to improve the level of response to requests received from tribes for 

technical assistance and support to include cybersecurity incident response. To assist in these efforts, 

the Commission will continue its engagement with Federal partners to leverage all forms of training, 

resources, and technical assistance to better serve targeted audiences being mindful of impacts to 

Commission and tribal financial resources. The Commission continues to update the training catalog 

and provides training to tribes throughout all eight NIGC regions. The Commission is continuing 

efforts to modernize NIGC Information Technology (IT) services to improve and maintain reliability 

and manageability. This includes updating the Agency’s public facing website and accounting 

systems.

• The Commission through its Division of Technology will continue its efforts to modernize the NIGC

Fingerprint program and continue to deliver CJIS resources to assist tribal partners with achieving 

and maintaining CJIS compliance as the FBI continues to modernize the CJIS security policies 

(CJISSECPOL). 

• The Commission will continue to improve its operational efficiency by working toward fully 

transitioning to newly approved electronic record schedules and by leveraging its ongoing IT 

upgrades to further enhance the stability, security, and efficiency of the Commission’s records 

management processes.

• The Commission will continue to track technological advancements in the industry to ensure the 

Commission provides up-to-date technical assistance, ensures regulations remain current and 

applicable, meets its oversight responsibilities, and fulfills its statutory mandates.

• The Commission continues to ensure agency tasks are completed to include, but not limited to the 

following:

- performing internal control assessments specific to Class II gaming operations.

- performing IT vulnerability assessments as a service for tribal gaming operations to identify 

and protect against IT threats and vulnerabilities.

- responding to requests from tribal gaming operators and regulators for IGRA and gaming 

related training and technical assistance.
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- ensuring availability of NIGC Fingerprint programs services enabling tribes with information 

to complete their own comprehensive background investigation of prospective licensing 

applicants.

- maintaining accumulated financial data from the gaming operations’ audited financial 

statements and Agreed Upon Procedures (AUP) report filings to ensure accuracy and 

justification of Commission established fee rates.

- performing internal audits of NIGC divisions to increase the Commission’s efficiency, 

effectiveness, and compliance with Federal regulations.

- reviewing management contracts and amendments to management contracts.

- processing fingerprint cards for tribal gaming employees as they are submitted by the tribal 

gaming commissions and tracking payment for fingerprint processing.

- continuing to respond to technical assistance requests from tribal governments and tribal 

regulators, assisting tribes that are considering entry into the Indian gaming industry or have 

recently opened a new Indian gaming facility.

• Finalize proposed regulation changes which clarifies NIGC may issue a final decision on issuing a 

certificate within 30 days instead of after 30 days; enumerates the OSR is the correct party to receive 

notifications of material changes from self-regulated tribes; clarifies the OSR will be the proponent of 

any case to revoke a certificate of self-regulation before the Commission; enables the OSR to obtain 

information from a self-regulated tribe; and clarifies that, in any revocation proceeding, the OSR has 

the burden to show just cause for the revocation and carry that burden by a preponderance of the 

evidence.

• Continue training outreach on self-regulation at national events.

• The Commission through its Division of Technology will refresh critical server computing hardware, 

install infrastructure components and cabling, and implement required physical access control 

systems to support the relocation of the DC headquarters office.

• To reduce D.C. headquarters footprint, the Agency will continue to renovate the new office in FY 

2024 and expect to move in January 2025.

As part of its program objectives for FY 2025, the Commission plans to:

• Continue holding ongoing meetings with tribes regarding NIGC Operational Updates, Budget 

Development Process and Regional Summits.

• Continue its emphasis on Upholding Integrity, Committing to Accountability, Promoting 

Preparedness, and Cultivating Outreach.

• Continue building relationships with partner governments and sister agencies to share timely 

information and provide technical assistance and training.

• Continue taking steps to achieve NIGC Performance Goals as identified in the Strategic Plan and 

monitor strategic plan performance measures.
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• Continue efforts to modernize NIGC Information Technology services to improve and maintain 

reliability and security for information systems and data. This includes further developing policies 

and procedures supporting an agency-wide cybersecurity framework to ensure appropriate security 

controls are managed and maintained. 

• Continue regulatory review and implementation of new and/or revised regulations and provide 

training to tribes on compliance with any new requirements.

• Continue reviewing management contracts and tribal ordinance submissions and make appropriate 

changes to process and staffing levels.

• Continue, through its Office of General Counsel, offering opinions on a variety of matters including 

game classifications, Indian land status, and whether financing or other agreements implicate 

management or sole proprietary interest concerns.

• Continue seeking opportunities to improve operational efficiencies by developing the Commission’s 

internal administrative, communications and evaluation functions.

• Continue informing the public about the Commission’s activities through various outreach initiatives 

and training resources.

• Provide and coordinate training events to tribal entities in each of the eight regions through virtual 

platforms or in person settings.

• Continue responding to requests from tribes for technical assistance and increasing both the amount 

and breadth of technical assistance provided and updating the training catalog as necessary.

• Utilize all forms of training forums and locations to better reach targeted audiences and save 

Commission and tribal financial resources.

• Continue assessing the effectiveness of the Agency’s training program to assist tribes in achieving 

and maintaining compliance.

• Continue performing site visits, internal control assessments, IT vulnerability assessments, and other 

types of compliance reviews to maintain the integrity of the gaming industry.

• Continue implementing GPRA requirements.

• Continue updating information systems and programs to ensure compliance with the receipt of 

personal identifiable information and criminal history record information.

• Maintain a consistently high level of compliance for the submission of gaming activity fees and 

external year-end audits through continued monitoring and contact with gaming tribes, with an 

emphasis on compliance.

• Continue enhancing internal records management.

• Continue monitoring the training and employee development program in order to attract and retain 

highly qualified personnel. The Agency will annually assess the skills of its employees and provide 

necessary training.
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• Continue tracking technological advancements in the industry to ensure the Commission provides upto-date technical assistance, ensure regulations remain current and applicable, meet its oversight 

responsibilities, and fulfill its statutory mandates.

• Promote the self-determination goals of IGRA through administration and promotion of the IGRA’s 

self-regulation petition process. 

• Continue providing ongoing technical assistance and training to support Indian country-wide efforts 

to promote awareness around environmental, public health and safety priorities and critical event 

response and preparedness.

• Continue identifying appropriate opportunities for NIGC to support tribes’ response and/or recovery 

efforts from the impact of the pandemic on Indian gaming.
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