A glimpse at the history of Indian Gaming, the Indian 

Gaming Regulatory Act & the National Indian Gaming 

Commission 

Reflecting on 30 

Years of IGRA
Several tribes opened bingo parlors as a way 

to earn revenue.
June 14, 1976, Bryan v. 

Itasca County

The U.S. Supreme Court held 

that a state did not have the 

authority to assess a tax on 

the property of a Native 

American living on tribal 

land absent a specific 

Congressional grant of 

authority to do so. The Court 

found that P.L. 280 did not 

give states civil regulatory 

control over Indian 

reservations. 
July 26, 1977 – July 18, 1986, Pre-IGRA Court Decisions 

U.S. v. Marcyes, 557 F.2d 1361 (9th Cir. 1977), Oneida Tribe of 

Indians v. Wisconsin, 518 F. Supp. 712 (W.D. Wis. 1981), U. S. v. 

Farris, 624 F.2d 890 (9th Cir. 1980), U. S. v. Dakota, 796 F.2d 

186 (6th Cir. 1986) 

Following Bryan, Federal courts looked to the 

criminal/prohibitory v. civil/regulatory nature of state laws to 

determine their force and effect in Indian country. A few tribes 

already offered bingo and other forms of gaming on their 

reservations. These gaming activities were increasingly 

challenged under state laws and courts came down on both sides 

of the issue. 
October 5, 1981- December 20, 1982, Seminole & Barona

Seminole Tribe of Florida v. Butterworth, 658 F.2d 310 (5th Cir. 1981) 

Barona Group of the Capitan Grande Band of Mission Indians v. 

Duffy, 694 F.2d 1185 (9th Cir. 1982) 

The first huge wins for Indian gaming in the federal courts came in 1981 

and 1982, when the 5th and 9th circuit courts of appeals ruled in favor of 

the right of Indian tribes to regulate gaming activities on their 

reservations without state control. 
January 6, 1983, Assimilative Crimes Act (ACA) Proposed Amendment

In 1983, in an effort to give states authority over tribal gaming activities, 

DOJ proposed an amendment to the ACA that would have incorporated all 

state laws relating to gaming. If successful, the proposal would have 

greatly inhibited, or possibly even prevented, tribal economic 

development through gaming. 

To prevent the proposal from threatening Indian Gaming and longstanding 

principles of tribal sovereignty, the Department of the Interior coordinated 

with tribes to form the National Indian Gaming Task Force.
June 19, 1984, Hearing before the House Committee on Interior and 

Insular Affairs

In testimony before the Committee, John Fritz, the Deputy Assistant 

Secretary—Indian Affairs, estimated that around 80 tribes were 

conducting, or could be expected to conduct, bingo on their 

reservations. Nearly a third of these operations were deemed “high 

stakes,” grossing between $100,000 to over $1 million per month in 

gaming revenues. 
February 25, 1987, California v. Cabazon Band of Mission 

Indians, 480 U.S. 202 

In a landmark decision, the U.S. Supreme Court recognized the inherent 

sovereign authority of Indian tribes to regulate gaming within their tribal 

jurisdictions. 
Gross gaming revenue for Indian gaming reaches $212 million

October 17, 1988, Indian Gaming Regulatory Act (IGRA) and creation of 

the National Indian Gaming Commission (NIGC)

On the heels of the Cabazon decision, Congress enacted the Indian 

Gaming Regulatory Act. 

IGRA aims to uphold tribal self-sufficiency and self-determination, 

promote economic development, and protect the integrity of Indian 

gaming to ensure that Indian tribes are the primary beneficiaries of their 

gaming operations. 
January 1990, Anthony J. Hope was appointed by President Bush and 

confirmed by the Senate to serve as the 1st NIGC Chair.

At the time, the Commission consisted of a Chairman and two staff 

members. The NIGC Headquarters was located at the Department of the 

Interior.

November 1990, Joel M. Frank was appointed by Secretary of the Interior 

Manuel Lujan, Jr. to serve as an NIGC Associate Commissioner.

April 1991, Jana McKeag was appointed by Secretary of the Interior 

Manuel Lujan, Jr. to serve as an NIGC Associate Commissioner.

Anthony J. Hope

Chairman

Joel M. Frank

Associate Commissioner

Jana McKeag

Associate Commissioner
NIGC Headquarters relocated to 1850 M Street, 

NW, Washington, D.C. 20036
July 7, 1993, The Commission only had 19 

employees, five of whom were field 

investigators and operated on a budget of 

$3 million.
October 1994, Harold 

Monteau was appointed by 

President Clinton and 

confirmed by the Senate to 

serve as NIGC Chair. Harold Monteau

Chair
The NIGC Headquarters relocated to1441 L Street, NW, Washington, 

D.C. In 1995, it had 28 full time employees, with nine more added within 

the year.

September 1995, Tom Foley was appointed by Secretary of the Interior 

Bruce Babbitt to serve as an NIGC Associate Commissioner.

December 1995, Phil Hogen was appointed by Secretary of the Interior 

Bruce Babbitt to serve as an NIGC Associate Commissioner.

Phil Hogen

Associate Commissioner

Tom Foley

Associate Commissioner
March 27, 1996, Seminole Tribe of Florida 

v. Florida, 517 U.S. 44 (1996)

U.S. Supreme Court case which upheld the 

sovereign immunity of states under the 

Eleventh Amendment. Tribes alleging bad 

faith compact negotiations may not sue 

states under IGRA without their consent.

The anticipated budget for the NIGC for Fiscal Year 1997 was $4.22 

million. 
January 1997 - May 1997, Ada Deer was appointed by President Clinton 

and served as NIGC Acting Chair.

September 1997, Tadd Johnson was appointed by President Clinton and 

served as NIGC Acting Chair.

In 1997, Congress amended IGRA in Public Law 105-83 to permit the NIGC 

to assess fees on class III tribal gaming and increased the authorization 

ceiling on assessments from $1.5 million to $8 million annually.

According to the United States General Accounting Office, there are 275 

Indian gaming facilities in 28 states. 

Ada Deer

Acting Chair Tadd Johnson

Acting Chair
November 1998, Montie Deer was appointed by President Clinton 

and confirmed by the Senate to serve as NIGC Chair. 

Montie Deer

Chair
June 1999, Teresa E. Poust was appointed by Secretary of the 

Interior Gale Norton to serve as an Associate Commissioner.

July 1999, Elizabeth Lohah Homer was appointed by Secretary of 

the Interior Gale Norton to serve as an Associate Commissioner. 

NIGC Initiatives: (1) computer technology; (2) financial 

management (including standard operating procedures); and (3) 

records management.

Teresa E. Poust

Associate Commissioner

Elizabeth Lohah Homer

Associate Commissioner
January 1999, Minimum Internal Control Standards (MICS), 25 C.F.R § 542. 

These regulations were designed to protect the integrity of Indian gaming 

operations by setting standards for such critical areas as cash handling, 

gameplay, internal audits, and surveillance.
There were 195 tribes operating 309 gaming operations in 28 

states.

Five new field offices were opened in (1) Portland, (2) 

Sacramento, (3) Phoenix, (4) St. Paul, and (5) Tulsa. Each office 

was staffed with at least five gaming regulators and included 

investigators, auditors, and professionals certified in conducting 

background checks. 

The size of the NIGC staff increased from 30 to 77 full-time 

positions. Two new organizational components were created: the 

Audit Division and the Office of Self-Regulation. 
November 27, 2001, Chickasaw Nation v. U.S., 534 U.S. 84 (2001)

The Supreme Court held that IGRA does not exempt Indian tribes from 

federal taxes on gambling operations. 

Self-Regulation Certificates were issued for the Menominee Tribe 

of Wisconsin and Grande Ronde Community of Oregon.

The Commission launched its first website.
December 2002, Philip N. Hogen was appointed by President Bush 

and confirmed by the Senate to serve as NIGC Chair.

December 2002, Cloyce V. Choney was appointed by Secretary of 

the Interior Gale Norton to serve as an Associate Commissioner.

December 2002, Nelson W. Westrin was appointed by Secretary of 

the Interior Gale Norton to serve as an Associate Commissioner.

Philip N. Hogen

Chair Cloyce V. Choney

Associate Commissioner 

Nelson W. Westrin

Associate Commissioner
Gross gaming revenue for Indian gaming 

reaches $16.8 billion.
June 30, 2004, NIGC formulated an Indian Gaming Working Group (IGWG)

The Indian Gaming Working Group (IGWG), consisting of the NIGC and the 

Federal Bureau of Investigation (FBI), worked to enhance cooperation between 

federal agencies, coordinate roles and functions, pool resources, and develop 

effective strategies to investigate and prosecute Indian gaming-related crime. 
Indian Gaming is conducted at over 400 locations by 225 

gaming tribes. 

Since IGRA’s passage, 232 tribes have executed 249 Class III 

compacts in 29 states 

78 individuals are employed by the NIGC. 
October 20, 2006, Colorado River Indian Tribes v. National 

Indian Gaming Com’n, 466 F.3d 134 (D.C. Cir. 2006)

In the “CRIT” decision, the D.C. Circuit found that the NIGC 

exceeded its statutory authority in promulgating and enforcing 

the MICS for Class III gaming. 
January 29, 2007, Norman H. DesRosiers was 

appointed by the Secretary of the Interior to 

serve as an Associate Commissioner.

January 25, 2007, NIGC formulates the first 

Class II Advisory Committee

The Committee met with tribal leaders, game 

manufacturers, and tribal gaming regulators to 

hear comments regarding Class II technical 

standards. The Committee then developed 

recommendations for Class II technical 

regulations.

Norman H. DesRosiers

Associate Commissioner
January 15, 2008, NIGC and several California tribes agree on Class III 

MICS oversight

Due to the decision in Colorado River Indian Tribes (CRIT) v. NIGC, the 

Pala Band of Luiseno Mission Indians, Picayune Rancheria, Rumsey Indian 

Rancheria, Twenty Nine Palms Band of Mission Indians, and the United 

Auburn Indian Community each adopt gaming ordinances that require 

compliance with NIGC’s MICS. This permits the NIGC to continue to have 

Class III MICS oversight with these tribes. 
March 3, 2008, Facility License Regulations, 25 CFR § 559

NIGC enacts regulations that require tribes to adopt and enforce 

standards for facility licenses. These standards help to ensure that 

each place, facility or location where class II or class III gaming 

occurs is located on Indian lands eligible for gaming. The rule also 

ensures that gaming facilities are constructed, maintained, and 

operated in a manner that adequately protects the environment 

and the public health and safety.
September 24, 2008, Class II Minimum Internal Control (25 

C.F.R. § 543) and Technical (25 C.F.R. § 547) Standards 

The NIGC continues its regulatory efforts to bring greater clarity 

and integrity to the electronic play of Class II gaming by approving 

two final regulations:

Minimum Internal Control Standards for Class II Gaming (MICS) 

Minimum Technical Standards for Class II Gaming Systems and 

Equipment
February 24, 2009, Carcieri v. Salazar, 555 U.S. 379 (2009)

U.S. Supreme Court held the Secretary of the Interior could not 

take land into trust for the Narragansett or other tribes that were 

not under the jurisdiction of the federal government in 1934. The 

Court ruled that the phrase "now under Federal jurisdiction" in the 

Indian Reorganization Act (IRA) referred only to those tribes that 

were under federal jurisdiction when the act was passed. 

April 27, 2009, 7th NIGC Regional Office to be opened in 

Oklahoma City

October 2009, George Skibine was appointed by President 

Obama and served as NIGC Acting Chair.

George Skibine

Acting Chair
January 4, 2010, Steffani A. Cochran was appointed by Secretary 

of the Interior Ken Salazar to serve as an Associate Commissioner.

April 2010 - June 2015, Daniel Little was appointed by Secretary 

of the Interior Ken Salazar to serve as an Associate Commissioner.

June 30, 2010 - August 2013, Tracie M. Stevens was appointed by 

President Obama and confirmed by the Senate to serve as NIGC 

Chair. 

Tracie M. Stevens

Chair

Daniel Little

Associate Commissioner

Steffani A. Cochran

Associate Commissioner
April 14, 2011, NIGC begins regulatory review consultation

August 10, 2011, NIGC forms a Tribal Advisory Committee to 

assist in the review of MICS and Technical Standards. 
September 21, 2012, NIGC publishes Final Rule for Class II 

Gaming Regulations, 25 C.F.R. §§ 543 and 547

NIGC publishes updates to its MICS and Technical Standards, two 

regulations crucial to safeguarding Indian gaming. 
September 3, 2013, Jonodev Osceola 

Chaudhuri was appointed by Secretary of 

the Interior Sally Jewell to serve as an 

Associate Commissioner. 

October 2013, President Obama 

designates Chaudhuri as Acting Chairman. Jonodev O. Chaudhuri

Chair
April 4, 2013, NIGC publishes revisions to improve the process 

and efficiency for tribes that wish to pursue Self-Regulation 

Certification (25 C.F.R § 518) 

July 18, 2013, NIGC releases Five-Year Plan

NIGC released the agency’s strategic plan for fiscal years 2014 –

2018. The plan included the Commission’s emphasis areas of 

consulting and relationship building with tribal governments; 

providing technical assistance and training to tribal regulators 

and operators; and continuing its regulatory and agency 

operations reviews. 
May 27, 2014, Michigan v. Bay Mills Indian Community, 572 U.S. 782 

The U.S. Supreme Court examined whether tribal sovereign immunity 

bars a state’s suit over activity that violates the IGRA but takes place off 

of Indian lands. In a 5-4 decision, the Court held that the State of 

Michigan's suit against Bay Mills was barred by tribal immunity. 

Congress, in enacting IGRA, only authorized states to sue tribes to 

“enjoin a class III gaming activity located on Indian lands” in violation of 

a Tribal-State compact. 

October 16, 2014, Seminole Tribe of Florida becomes the 3rd Tribe to 

receive a Self-Regulation Certification

December 8, 2014, NIGC implements pay.gov for Annual Fees

The NIGC implemented an electronic payment system through Pay.gov. 

The system is used for the quarterly payment of annual fees and 

submission of associated worksheets. The system has been offered to 

all tribal gaming facilities. 
NIGC relocated to 90 K Street, N.E., Suite 200, Washington, 

D.C. 20002
April 16, 2015, Jonodev O. Chaudhuri is appointed by President 

Obama and confirmed by the Senate to serve as NIGC Chair. He 

reaffirms four core initiatives for the agency that he set-out as 

Acting Chair:

1. Protecting against anything that amounts to gamesmanship on the 

backs of Tribes; 

2. Developing effective rural outreach to gaming establishments in 

rural areas; 

3. Staying ahead of the technology curve; and 

4. Supporting a strong workforce both within NIGC and among 

regulatory partners

March 6, 2015, NIGC creates the Technology Division 

NIGC forms a new division focused on providing increased and 

integrated technology as part of the Chairman’s technology initiative 

for enhancing its regulatory mission and supporting tribes and tribal 

regulators. 
Gaming industry spans more than 450 

gaming establishments, associated 

with nearly 242 tribes across 28 

states.

August 11, 2015, NIGC receives its 

first request for an IT Vulnerability 

Assessment.

November 5, 2015, E. Sequoyah 

Simermeyer is appointed by Secretary 

of the Interior Sally Jewell to serve as 

an NIGC Associate Commissioner.

E. Sequoyah Simermeyer

Associate Commissioner
February 29, 2016, NIGC lowered the gaming 

operation fee rate. The agency bases fees on a 

percentage of assessable gross gaming 

revenues.

March 14, 2016, Kathryn Isom-Clause is 

appointed by Secretary of the Interior Sally 

Jewell to serve as an NIGC Associate 

Commissioner. Kathryn Isom-Clause

Associate Commissioner
November 14, 2017, NIGC issues Final Decision and Order that 

the Ponca Tribe of Nebraska’s Land is eligible for gaming

The NIGC issued an amendment to its Final Decision and Order 

regarding the Gaming Ordinance of the Ponca Tribe of Nebraska. 

With this Decision, the Commission reaffirms that the land at issue 

is eligible for gaming as restored lands for a restored tribe. 

December 6, 2017, NIGC Presents a Certificate of SelfRegulation to the Barona Band of Mission Indians
December 27, 2017, Publication of Final Rule for Part 547

The final rule amends Part 547 to remove the sunset provision 

requiring systems manufactured before 2008 to either be 

compliant with all 547 standards or be removed from the gaming 

floor. 

Instead, the amended rule requires an additional annual review 

of the 2008 systems by TGRA's and requires all modifications of 

Class II gaming systems to be compliant with post-2008 standards 

as verified by uniform independent laboratory testing and 

approved by the applicable TGRA.
April 17, 2018, NIGC split St. Paul region to create an 8th Regional Office 

in Rapid City 

This split aligns with goals outlined in the 2018-2022 Strategic Plan: 

Goal 2, Strong Workforce – Maintain a strong workforce both within the 

Agency as well as with NIGC’s tribal regulatory partners; and 

Goal 4, Rural Outreach – Develop and execute a plan for tribes with small 

and rural gaming operations that reviews training, technical assistance and 

regulations.
April 25, 2018, NIGC Chair Approved Agua Caliente’s Alternate 

Technical Standards

The Tribe’s alternate technical standards for Class II mobile gaming 

applies to player-owned mobile devices such as smartphones and 

tablets. 

August 14, 2018, NIGC Issued Guidance on the Class III Minimum 

Internal Control Standards

This non-binding guidance provides updated standards that address 

today’s gaming industry.