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BULLETIN _____________________

No. 2022-01 April 4, 2022

Subject: Self-Regulation under the Indian Gaming Regulatory Act 

The purpose of this bulletin is to provide guidance regarding the Indian Gaming 

Regulatory Act’s self-regulation process. Pursuant to the Indian Gaming Regulatory Act (IGRA), 

the National Indian Gaming Commission (NIGC) may delegate some of its regulatory role over 

Class II gaming to tribes through certificates of self-regulation. Once self-regulated, a tribe pays 

lower fees on its Class II gaming revenues and is subject to less oversight from the NIGC.

To obtain a certificate of self-regulation, a tribe must petition the NIGC’s Office of SelfRegulation and meet certain eligibility requirements.1 The NIGC Compliance Division has 

published self-regulation checklists to help tribes assess their readiness to petition the 

Commission for self-regulation, evaluate their eligibility for self-regulation, and determine 

whether a petition is complete.2 Once the Office of Self-Regulation receives a petition for selfregulation from a tribe, it will review the petition against NIGC’s regulations and inform the 

tribe whether the petition is complete.

If the petition is complete, the Office of Self-Regulation has 120 days to complete a 

review of the tribe’s gaming operations going back three years and will perform an on-site 

review, making sure to work with tribal leaders and regulators. The purpose of this review is to 

determine whether the requirements for self-regulation have been met and is not intended to be a 

compliance check. If the Office of Self-regulation discovers a potential violation of IGRA, NIGC 

regulations, or a Tribe’s gaming ordinance, it will not investigate the violation itself, but instead 

refer the matter to the NIGC’s Compliance Division, which will follow its normal training and 

technical assistance and/or investigative procedures. Once the review is completed, the Office 

of Self-Regulation will submit a report and recommendation to the full Commission and to the 

petitioning tribe. The Commission will then consider the recommendation along with any 

 1 25 C.F.R. §§ 518.3, 518.4.

2 See Checklists and Worksheets https://www.nigc.gov/compliance/checklists-and-worksheets.
Bulletin No. 2022-01

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submissions from the Tribe and will issue its final determination on the petition within 30 days. 

The Commission shall grant a self-regulation petition if a tribe has, for at least a period of three 

years:

(1) conducted its gaming operations in a fair and safe manner, that is generally free of 

evidence of criminal or dishonest activity;

(2) has adopted and is implementing adequate systems that:

a. account for all revenues from the gaming activity;

b. investigate, license, and monitor all employees;

c. investigate, enforce, and prosecute violations of the tribe’s gaming ordinance 

and regulations; and,

(3) has conducted gaming operations in a fiscally sound manner.3

If the Commission grants a self-regulation petition, the tribe is no longer subject to the 

Commission’s authorities stated in Section 2706(b)(1-4).4 These four powers state that the 

Commission:

(1) shall monitor class II gaming conducted on Indian lands on a continuing basis;

(2) shall inspect and examine all premises located on Indian lands on which class 

II gaming is conducted;

(3) shall conduct or cause to be conducted such background investigations as may 

be necessary; [and]

(4) may demand access to and inspect, examine, photocopy, and audit all papers, 

books, and records respecting gross revenues of class II gaming conducted on 

Indian lands and any other matters necessary to carry out the duties of the 

Commission under this chapter[.]5

Additionally, the NIGC may not assess a fee on a self-regulated tribe’s Class II gaming activity 

in excess of 0.25%.6

IGRA recognizes that tribal gaming is a means of promoting tribal economic 

development, self-sufficiency, and strong tribal governments.7 The Commission has recognized 

that tribes are primary regulators of Indian gaming and are best suited to lead and make critical 

determinations about the regulation of gaming operations on their Indian lands. Self-regulation 

accomplishes these policy goals and provides more autonomy to tribes.

If you have any questions self-regulation, please contact a NIGC Region Office or the 

Office of Self-Regulation at 202-632-7003. For questions about how to comply with IGRA and 

NIGC regulations after a tribe receives its self-regulation certificate, see NIGC Bulletin 2022-02.

 3 25 U.S.C. § 2710(c)(5)(A); see also 25 C.F.R. § 518.5. 4 25 U.S.C. § 2710(c)(5)(A).

5 25 U.S.C. § 2706(b)(1-4). 6 25 U.S.C. § 2710(c)(5)(C); see also 25 C.F.R. 514.3(b). 7 25 U.S.C. § 2702(1).