National Indian Gaming Commission 25 C.F.R. § 547.5 Discussion Draft

June 14, 2017

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§ 547.5 How does a) Grandfathered gaming tribal government, 

TGRA, or tribal gaming operation comply with this part?

(a) Gaming systems: Any manufactured before November 10, 2008.

(1) A TGRA may not permit the use of any Class II gaming system manufactured before 

November 10, 2008, that is not already certified pursuant to this sub-section or 

compliant with paragraph (c) of this section may be made available for use at any in a

tribal gaming operation ifunless:

(1) The TGRA submits the

(i) Class II gaming system software that affects the play of the Class II game, 

together with the signature verification required by § 547.8(f) was submitted to a 

testing laboratory recognized pursuant to paragraph (f) of this section within 120 

days after November 10, 2008, or October 22, 2012;

(ii) (2) The testing laboratory teststested the submission to the standards established 

by § 547.8(b), § 547.8(f), §and § 547.14, and any additional technical standards 

adopted by the TGRA;

(iii) (3) The testing laboratory providesprovided the TGRA with a formal written 

report setting forth and certifying to the findings and conclusions of the test;

(iv) (4) The TGRA makesmade a finding, in the form of a certificate provided to the 

supplier or manufacturer of the Class II gaming system, that the Class II gaming 

system qualifies for grandfather status under the provisions of this section. A 

TGRA may make such a finding only upon receipt of a testing laboratory's report 

that the Class II gaming system is compliant with §547.8(b), §547.8(f), §547.14, 

and any other technical standards adopted by the TGRA. If the TGRA does not 

issue the certificate, or if the testing laboratory finds that the Class II gaming 

system is not compliant with §547.8(b), §547.8(f), §547.14, or any other technical 

standards adopted by the TGRA, then the gaming system must immediately be 

removed from play and not be utilized.is compliant with § 547.8(b), § 547.8(f), 

and § 547.14;

(5) The TGRA retains a copy of any testing laboratory's report so long as the Class II 

gaming system that is the subject of the report remains available to the public for play; and

(6) The TGRA retains a copy of any certificate of grandfather status so long as the Class II 

gaming system that is the subject of the certificate remains available to the public for play.

(b) Grandfather provisions. All Class II gaming systems manufactured on or before 

November 10, 2008, that have been certified pursuant to paragraph (a) of this section, are 

grandfathered Class II gaming systems for which the following provisions apply:
National Indian Gaming Commission 25 C.F.R. § 547.5 Discussion Draft

June 14, 2017

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(1) Grandfathered Class II gaming systems may continue in operation for a period of ten 

years from November 10, 2008.

(v) The Class II gaming system is (2) Grandfathered Class II gaming systems may 

only be used as approved by the TGRA. The and the TGRA must 

transmittransmitted its notice of that approval, identifying the grandfathered Class 

II gaming system and its components, to the Commission.;

(vi) (3) Remote communications may with the Class II gaming system are only be 

allowed if authorized by the TGRA.;

(4) As permitted by the TGRA, individual hardware or software 

components of a grandfathered Player interfaces of the Class II gaming system 

may be repaired or replaced to ensure proper functioning, security, or integrity of 

the grandfathered Class II gaming system.

(5) All modifications that affect the play of a grandfathered Class II 

gaming system must be approved pursuant to paragraph (c) of this section, except 

for the following:

(i) Any software modifications that the TGRA finds will maintain or 

advance the Class II gaming system's overall compliance with this part or any 

applicable provisions of part 543 of this chapter, after receiving a new testing 

laboratory report that the modifications are compliant with the standards 

established by §547.4(a), §547.8(b), §547.14, and any other standards adopted by 

the TGRA;

(ii) Any hardware modifications that the TGRA finds will maintain or 

advance the Class II gaming system's overall compliance with this part or any 

applicable provisions of part 543 of this chapter; and

(iii) Any other modification to the software of a grandfathered Class II 

gaming system that the TGRA finds will not detract from, compromise or 

prejudice:

(A) The proper functioning, security, or integrity of the Class II gaming 

system, and

(B) The gaming system's overall compliance with the requirements of this 

part or any applicable provisions of part 543 of this chapter.

(b)(vi) (iv) No such modification may be implemented without the approval of the 

TGRA. The TGRA must maintain a record of the modification so long as the 

Class II gaming system that is the subject of the modification remains available to 

the public for play and must make the record available to the Commission upon 

request. The Commission will only make available for public review records or 

portions of records subject to release under the Freedom of Information Act, 5 

U.S.C. 552; the Privacy Act of 1974, 5 U.S.C. 552a; or the Indian Gaming 

Regulatory Act, 25 U.S.C. 2716(a).

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National Indian Gaming Commission 25 C.F.R. § 547.5 Discussion Draft

June 14, 2017

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(i)(vii) Player interfaces of the Class II gaming system (6) The player interface must 

exhibit information consistent with §547.7(d) and any other information required 

by the TGRA.; and

(viii) (7) If All player interfaces of the Class II gaming system have a grandfathered 

date of manufacture before November 10, 2008.

(2) For so long as a Class II gaming system is made available for use at any tribal gaming 

operation pursuant to this paragraph (a) the TGRA shall:

(i) Retain copies of the testing laboratory’s report, the TGRA’s compliance 

certificate, and the TGRA’s approval of the use of the Class II gaming system;

(ii) Maintain records identifying the Class II gaming system and its current 

components; and

(iii) Annually review the Class II gaming system, its current components, and the 

associated testing laboratory reports to determine whether the Class II gaming 

system may be approved pursuant to paragraph (cb) of this sub-section, it ceases 

to be a grandfathered system and the restrictions of paragraph (a) and . The 

TGRA shall make a finding identifying the Class II gaming systems reviewed, the 

Class II gaming systems subsequently approved pursuant to paragraph (b), and, 

for Class II gaming systems that cannot be approved pursuant to paragraph (b), 

the modifications necessary for such approval. The TGRA shall transmit its 

findings to the Commission within 120 days of the gaming operation's fiscal year 

end.

(2)(3) If the Class II gaming system is subsequently approved pursuant to paragraph (b) of 

this section, this paragraph (a) no longer applyapplies.

(b) (c) SubmissionGaming system submission, testing, and approval— - generally.

(3)(1) Except as provided in paragraphs (bparagraph (a) and (d) of this section, a TGRA 

may not permit the use of any Class II gaming system, or any associated cashless 

system or voucher system or any modification thereto, in a tribal gaming operation 

unless:

(i) (1) The Class II gaming system, cashless system, voucher system, or modification 

thereto has been submitted to a testing laboratory;

(ii) (2) The testing laboratory tests the submission to the standards established by:

(A) (i) This part;

(B) (ii) Any applicable provisions of part 543 of this chapter that are testable by 

the testing laboratory; and

(C) (iii) The TGRA;

(iii) (3) The testing laboratory provides a formal written report to the party making the 

submission, setting forth and certifying its findings and conclusions, and noting 

compliance with any standard established by the TGRA pursuant to paragraph 

(c)(2)(iiib)(1)(ii)(C) of this section;
National Indian Gaming Commission 25 C.F.R. § 547.5 Discussion Draft

June 14, 2017

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(iv) (4) The testing laboratory's written report confirms that the operation of a player 

interface prototype has been certified that it will not be compromised or affected 

by electrostatic discharge, liquid spills, electromagnetic interference, radio 

frequency interference, or any other tests required by the TGRA;

(v) (5) Following receipt of the testing laboratory's report, the TGRA makes a finding 

that the Class II gaming system, cashless system, or voucher system conforms to 

the standards established by:

(A) (i) This part;

(B) (ii) Any applicable provisions of part 543 of this chapter that are testable by 

the testing laboratory; and

(C) The TGRA.

(2) For so long as a Class II gaming system is made available for use at any tribal gaming 

operation pursuant to this paragraph (b) the TGRA shall:

(i) Retain a copy of the testing laboratory's report; and

(ii) Maintain records identifying the Class II gaming system and its current 

components.

(c) Class II gaming system component repair, replacement, or modification. 

(1) As permitted by the TGRA, individual hardware or software components of a Class II 

gaming system may be repaired or replaced to ensure proper functioning, security, or 

integrity of the Class II gaming system. 

(2) A TGRA may not permit the modification of any Class II gaming system in a tribal 

gaming operation unless:

(i) The Class II gaming system modification has been submitted to a testing 

laboratory;

(ii) The testing laboratory tests the submission to the standards established by:

(A) This part;

(B) Any applicable provisions of part 543 of this chapter that are testable by the 

testing laboratory; and

(C) (iii) The TGRA.;

(iii) (6) The TGRA retains a copy of the testing laboratory'slaboratory provides a 

formal written report required by to the party making the submission, setting forth 

and certifying its findings and conclusions, and noting compliance with any 

standard established by the TGRA pursuant to paragraph (c)(2)(ii)(C) of this 

section for as;

(iv) Following receipt of the testing laboratory's report, the TGRA makes a finding 

that the:

(A) The modification will maintain or advance the Class II gaming system's 

compliance with this part and any applicable provisions of part 543 of this 

chapter; and
National Indian Gaming Commission 25 C.F.R. § 547.5 Discussion Draft

June 14, 2017

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(B) The modification will not detract from, compromise or prejudice the proper 

functioning, security, or integrity of the Class II gaming system;

(4)(3) If a TGRA authorizes a component modification under this paragraph, it must 

maintain a record of the modification and a copy of the testing laboratory report so

long as the Class II gaming system, cashless system, voucher system, or modification 

thereto that is the subject of the reportmodification remains available to the public for 

play in its tribal gaming operation.. 

(d) (d) Emergency hardware and softwareClass II gaming system component

modifications. (1) 

(5)(1) A TGRA, in its discretion, may permit the modification of previously approved 

hardware or softwarecomponents to be made available for play without prior 

laboratory testing or review if the modified hardware or software is:

(i) (i) Necessary to correct a problem affecting the fairness, security, or integrity of a 

game or accounting system or any cashless system, or voucher system; or

(ii) (ii) Unrelated to game play, an accounting system, a cashless system, or a voucher 

system.

(6)(2) (2) If a TGRA authorizes modified software or hardwarecomponents to be made 

available for play or use without prior testing laboratory review, the TGRA must 

thereafter require the hardware or software manufacturer to:

(i) (i) Immediately advise other users of the same hardware or softwarecomponents

of the importance and availability of the update;

(ii) (ii) Immediately submit the new or modified hardware or softwarecomponents to 

a testing laboratory for testing and verification of compliance with this part and 

any applicable provisions of part 543 of this chapter that are testable by the testing 

laboratory; and

(iii) (iii) Immediately provide the TGRA with a software signature verification tool 

meeting the requirements of § 547.8(f) for any new or modified software

component.

(7)(3) (3) If a TGRA authorizes a software or hardwarecomponent modification under this 

paragraph, it must maintain a record of the modification and a copy of the testing 

laboratory report so long as the Class II gaming system that is the subject of the 

modification remains available to the public for play and must make the record 

available to the Commission upon request. The Commission will only make available 

for public review records or portions of records subject to release under the Freedom 

of Information Act, 5 U.S.C. 552; the Privacy Act of 1974, 5 U.S.C. 552a; or the 

Indian Gaming Regulatory Act, 25 U.S.C. 2716(a)..

(c)(e) (e) Compliance by charitable gaming operations. This part does not apply to charitable 

gaming operations, provided that:

(1) (1) The tribal government determines that the organization sponsoring the gaming 

operation is a charitable organization;
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(2) (2) All proceeds of the charitable gaming operation are for the benefit of the 

charitable organization;

(3) (3) The TGRA permits the charitable organization to be exempt from this part;

(4) (4) The charitable gaming operation is operated wholly by the charitable 

organization'sorganization’s employees or volunteers; and

(5) (5) The annual gross gaming revenue of the charitable gaming operation does not 

exceed $3,000,000.

(f) (f) Testing laboratories. (1) 

(6)(1) A testing laboratory may provide the examination, testing, evaluating and reporting 

functions required by this section provided that:

(i) (i) It demonstrates its integrity, independence and financial stability to the TGRA.

(ii) (ii) It demonstrates its technical skill and capability to the TGRA.

(iii) (iii) If the testing laboratory is owned or operated by, or affiliated with, a tribe, it 

must be independent from the manufacturer and gaming operator for whom it is 

providing the testing, evaluating, and reporting functions required by this section.

(iv) (iv) The TGRA:

(A) (A) Makes a suitability determination of the testing laboratory based upon 

standards no less stringent than those set out in § 533.6(b)(1)(ii) through (v) of 

this chapter and based upon no less information than that required by § 537.1 

of this chapter, or

(B) (B) Accepts, in its discretion, a determination of suitability for the testing 

laboratory made by any other gaming regulatory authority in the United 

States.

(v) (v) After reviewing the suitability determination and the information provided by

the testing laboratory, the TGRA determines that the testing laboratory is 

qualified to test and evaluate Class II gaming systems.

(7)(2) (2) The TGRA must:

(i) (i) Maintain a record of all determinations made pursuant to paragraphs (f)(1)(iii) 

and (f)(1)(iv) of this section for a minimum of three years and must make the 

records available to the Commission upon request. The Commission will only 

make available for public review records or portions of records subject to release 

under the Freedom of Information Act, 5 U.S.C. 552; the Privacy Act of 1974, 5 

U.S.C. 552a; or the Indian Gaming Regulatory Act, 25 U.S.C. 2716(a)..

(ii) (ii) Place the testing laboratory under a continuing obligation to notify it of any 

adverse regulatory action in any jurisdiction where the testing laboratory conducts 

business.

(iii) (iii) Require the testing laboratory to provide notice of any material changes to the 

information provided to the TGRA.

(d)(g) Records. Records required to be maintained under this section must be made available to 

the Commission upon request. The Commission may use the information derived 
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therefrom for any lawful purpose including, without limitation, to monitor the use of 

Class II gaming systems, to assess the effectiveness of the standards required by this Part, 

and to inform future amendments to this Part. The Commission will only make available 

for public review records or portions of records subject to release under the Freedom of 

Information Act, 5 U.S.C. 552; the Privacy Act of 1974, 5 U.S.C. 552a; or the Indian 

Gaming Regulatory Act, 25 U.S.C. 2716(a).

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