April 22, 2005 

Nancy McAlister, Commissioner 

Eastern Shawnee Tribe of Oklahoma 

P.O. Box 350 

Seneca MO 64865 

Re: Worldwide Game Technology, Lucky Lotto 

Dear Commissioner McAlister: 

This is in response to your October 7 and October 27, 2003, letters requesting 

classification of Worldwide Game Technology's Lucky Lotto game platform. Please 

accept my sincere apologies for the length of time that has passed since your inquiry. 

Given the length of this delay, I can now best be of assistance if you will tell me whether 

the Tribe is still interested in a classification opinion. If it is, please be so kind as to send 

some additional information about the game. It would aid our review greatly to have a 

W copy of the pay table(s) and instructions that the game provides to the players, as well as 

sequential images or screen captures of game play as the a progresses from beginning to 

end. 

That said, based upon the information we do have - the April 30,2003, opinion letter of 

Stephen Lenske, Esq., and the October 8,2003, report of BMM - my preliminary 

opinion is that Lucky Lotto is Class 111. Our current thinking about the features that 

distinguish Class I1 games played with technologic aids from Class 111 games is 

embodied in the fourth draft of our classification regulations, a copy of which I enclose 

for your reference. As I understand Lucky Lotto, it automatically daubs matching 

numbers for the player without the player taking any overt action, and it lacks a 

designated game-winning pattern. These features make the game Class 111. See draft 

§ 546-4(i); § 546.5(e), (g); § 546-6(d). 

If you have any questions, or if the Tribe wishes to move forward, please feel free to 

contact me. 

Sincerely, 

Penny J. Coleman 

Acting General Counsel 

qkd Encl. 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100. Washington. DC 20005 Tel: 202.632.7003 Fax: 202 632.7066 W.NlGC.GOV 

REGIONAL OFFICES Pottland, OR; Sacramento, CA; Phoenix, AZ, St. Paul, MN; Tulsa. OK 
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FOURTH DRAFT (Version 4.0) 

25 C.F.R. PARTS § 502 and 5 546 

1. Revise 5 502.8 to read as follows: 

5 502.8 Electronic or electromechanical facsimile. 

(a) Electronic or electromechanical facsimile means a game played in an electronic or 

electromechanical format that replicates a game of chance by incorporating all of the 

characteristics of the game. 

(b) Bingo, lotto, and other games similar to bingo are facsimiles when: 

(1) the electronic or electromechanical format replicates a game of chance by 

incorporating all of the characteristics of the game, or 

(2) an element of the game's format allows players to play with or against a 

machine rather than broadening participation among competing players. 

2. Revise § 502.9 to read as follows: 

5 502.9 Other games similar to bingo. 

Other games similar to bingo means any game played in the same location as bingo 

(as defined in 25 USC 2703(7)(A)(i)) constituting a variant on the game of bingo, 

provided that such game requires players to compete against each other for a 

common prize or prizes. 

3. Add new Part 546 to read as follows: 

Part 546 

CLASSIFICATION STANDARDS FOR BINGO, LOTTO, OTHER GAMES SIMILAR 

TO BINGO, PULL TABS AND INSTANT BINGO AS CLASS II GAMING WHEN 

PLAYED THROUGH ELECTRONIC MEDIUM USING "ELECTRONIC, COMPUTER, 

OR OTHER TECHNOLOGIC AIDS" 

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1. What is the purpose of this part? 

This part clarifies the terms Congress used to define Class I1 gaming under the Indian 

Gaming Regulatory Act, 25 U.S.C. 2701, et seq. (IGRA or "Act"). Specifically this part 

explains the criteria for determining whether a game of bingo or lotto, an "other game 

similar to bingo," or a game of pull-tabs or "instant bingo," meets the statutory 

requirements when these games are played primarily through an "electronic, computer 

or other technologic aid." This part also establishes a process for establishing Class II 

certification for "electronic, computer, or other technologic aids" and the games they 

facilitate. These standards for classification are intended to ensure that Class II 

gaming using "electronic, computer, or other technologic aids" can be distinguished 

from forms of Class Ill gaming that employ "electronic or electromechanical facsimiles" 

of a game of chance or slot machines. 

2. What is the scope of this part? 

This part is intended to address only games played with electronic components. It 

does not address live session bingo unless that game is played electronically through 

networked player stations or, if such session bingo play utilizes electronic or 

electromechanical card minding devices, then pertinent provisions herein address the 

use of such card minding devices. 

3. What are the definitions for this part? 

a. What is a "game" of bingo or other game similar to bingo? A "game" of the 

"game of chance commonly know as bingo" or an "other game similar to bingo" 

consists of the random draw or electronic determination and release of numbers 

or other designations necessary to form the pre-designated game-winning 

pattern on a card held by the winning player and the participation of competing 

players to cover (daub) the numbers or other designations which appear on their 

card@) when the selected numbers or other designations are released for play. 

A "game" ends when a participating player claims the win after obtaining and 

covering (daubing) the pre-designated game-winning pattern and consolation 

prizes, if any, are awarded in the game. 

b. What is "Lotto'? The term "Lotto" means a game of chance played in the same 

manner as the game of chance commonly known as bingo. 

c. What is a "progressive prize" in the game commonly known as bingo? A 

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progressive jackpot prize is an established prize for a game, funded by a 

percentage of each player's buy-in or wager, that is awarded to a player for 

obtaining a specified pre-designated and pre-announced pattern within a 

specified quantity of numbers or designations randomly drawn and released or 

electronically determined, or randomly drawn and released or electronically 

determined in a specified sequence. If the progressive prize is not won in a 

particular game, the prize must be rolled over to each subsequent game until it 

is won. The progressive prize is thus increased from one game to the next 

based on player buy-in or wager contributions from each qualifying game played 

in which the prize is not won. All contributions to the progressive prize jackpot 

must be awarded to the players. A winning pattern for a progressive prize is not 

necessarily the same as the game-winning prize pattern. 

d. What does it mean to "sleep" in the game of bingo or an "other game similar to 

bingo"? To "sleep" or to "sleep a bingo" means that a player fails, within the 

time allowed by the game: (i) to cover (daub) the previously released numbers 

or other designations on that player's card(s) constituting a game-winning 

pattern or other pre-designated winning pattern , or (ii) to claim the prize to 

which the player is entitled, having covered (daubed) a previously designated 

winning pattern. 

e. What is the "game of pull-tabs'? In the game of pull-tabs, players compete 

against one another to obtain winning cards from a set of cards known as the 

"deal." Each deal contains a finite number of cards that includes a predetermined number of winning cards. Each individual pull-tab within a deal is a 

paper or other tangible card with hidden or covered symbols. When those 

symbols are revealed, there is an arrangement of numbers or symbols 

indicating whether the player has won a prize. Winning cards with preestablished prizes are randomly spaced within the pre-arranged deal. One deal 

consists of all of the pull-tabs in a given game that could be purchased. 

f. What is an "electronic pull-tab'? An electronic pull-tab is an electronic facsimile 

of a pull-tab that is displayed on a video screen. 

g. What is "instant bingo? In "instant bingo," a player purchases a card 

containing a pre-selected group of numbers or designations; the winning cards 

are those in which the pre-selected group of numbers or designations on the 

card matches the preprinted winning arrangement indicated elsewhere on the 

card. The game is functionally the same as pull-tabs. 

h. What is a "card minding device? A "card minding device" is any electronic or 

electromechanical device used in a live session bingo game played with paper 

cards that may assist a player to identify and monitor multiple bingo cards used 

by that player in the game. The device electronically stores data from the paper 

bingo cards purchased by the player, provides a means for players to input 

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numbers or other designations when those numbers or other designations are 

drawn or electronically determined in a live session bingo game, compares the 

number or other designation input by the player to the paper bingo cards 

electronically stored in the device, and identifies to the player those 

electronically stored bingo cards that contain the number or other designation 

input made by the player. 

4. What are the criteria for meeting the first statutory requirement that the game 

of bingo, lotto, or other games similar to bingo be "played for prizes, including 

monetary prizes, with cards bearing numbers or other designations?" 

a. Each player in the game must play with one or more cards. Each player in the 

game must obtain the card or cards to be used by that player in the game 

before numbers or other designations for the game are randomly drawn or 

electronically determined. Players cannot change cards once play of a 

particular bingo game has commenced. Electronic cards are permissible. 

b. Electronic cards in use by a player must be displayed prominently on the video 

screen of the electronic player station utilized by the player and must be clearly 

visible to that player at all times during game play. If multiple electronic cards 

are used by a player, only the electronic card closest to a bingo win must be 

displayed. When displayed, each electronic card must measure at least two (2) 

inches by two (2) inches or four (4) square inches if other than a square card 

shape is used. Each individual space on the card must measure at least .4 

inches by .4 inches. 

c. For a game of bingo, each card must contain a five (5) by five (5) grid of 

spaces. Each space will contain a unique number or other designation which 

may not appear twice on the same card. The card may contain one "free space" 

without a specified number or other designation, provided the free space is 

located identically on every card in play or available to be played in the game. 

d. In an "other game similar to bingo," each card must contain at least three (3) 

equally sized spaces. Each space will contain a unique number or other 

designation which may not appear twice on the same card. One space may be 

designated a "free spacen provided the card has at least three (3) other spaces. 

e. Cards must indicate when a player has covered a space. Color attributes on the 

card must permit covered spaces to be readily distinguishable. 

f. All prizes in the game, except for progressive prizes, must be fixed in amount or 

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established by formula and disclosed to all participating players in the game. 

Random or unpredictable prizes are not permitted. 

g. Other winning patterns may be designated for the award of prizes in addition to 

the prize to be awarded based on the game-winning pattern (bonus prizes and 

progressive prizes). Each such designated pattern or arrangement must also 

be disclosed to the players upon request before the game begins. 

h. The designated winning patterns and the prizes available must be explained in 

the Rules of the Game, which must be made available to the players upon 

request. 

i. Each game must have a winning player and a game-winning prize must be / 

awarded in every game. The pattern designated as the game-winning pattern 

does not need to pay the highest prize available in the game. A game-winning 

prize may be less than the amount wagered provided that the prize is no less 

than 20% of the amount wagered and at least one cent. 

j. A bonus prize in a game that is designated as an "interim prize" must be 

awarded in a random draw or electronic determination and release of numbers 

or other designations that is no more than the exact quantity of numbers or 

designations that are needed for the game-winning player to achieve the gamewinning pattem. 

k. A bonus prize in a game that is designated as a "consolation prize" may be 

awarded after the game-winning pattem is achieved and claimed by a player but 

only after a subsequent release of randomly drawn or electronically determined 

numbers or other designations has been made. 

I. A Progressive Jackpot prize may be awarded only if the game also provides a 

game-winning prize as described elsewhere in this Part. The method of 

determination of the winner of a Progressive Jackpot in a game must be based 

only on the play of the game of bingo and may not be based on events outside 

the random selection of numbers or other designations and the action of the 

competing players to cover such numbers or other designations on their 

respective cards to achieve the pre-designated winning patterns in the game. 

m. All prizes in a game must be awarded based on the outcome of the game of 

bingo and may not be based on events outside the selection and covering of 

numbers or other designations used to determine the winner in the game and 

the action of the player to cover the pre-designated winning patterns. The prize 

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structure must not rely on an additional element of chance other than the play of 

bingo. 

n. A player station may offer an alternative display of the results of the game in 

addition to the display of the game results on the bingo card available to the 

player on the video screen. Each game must give the player the option to select 

only the bingo card display and to play the game using that display alone. If the 

alternative display is presented, the video screen must continue to display the 

bingo card, the current bet amount, the ball draw, and the results of the game to 

the player. 

5. What are the criteria for meeting the second statutory requirement that bingo, 

lotto, or other games similar to bingo be one "in which the holder of the card 

covers such numbers or other designations when objects similarly numbered or 

designated are drawn or electronically determined?" 

a. In a game of bingo, the numbers or other designations used in the game must 

be randomly drawn or determined electronically from a non-replaceable pool 

containing 75 such numbers or other designations and used in the sequence in 

which they are drawn. Each game will permit the random draw and release or 

electronic determination of all numbers or designations in the pool. A common 

draw or electronic determination of numbers or designations may be utilized for 

separate games that are played simultaneously. 

b. As a variant of bingo, in an "other game similar to bingo," the numbers or other 

designations used in the game must be randomly drawn or determined 

electronically from a non-replaceable pool of such numbers or other 

designations which is equal to or greater than three (3) times the number of 

spaces on the card used in the game. 

c. Cards containing pre-selected numbers or other designations may not be used. 

d. The numbers or other designations randomly drawn or electronically determined 

must be used in real time and not stored for later use. The numbers or other 

designations must be used in the sequence in which they are drawn. 

e. To "cover," a player in a game must take overt action after numbers or 

designations are released. A player covers (daubs) by touching either the 

screen or a designated button on the player station one time in each round after 

a set of numbers or other designations is released. 

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f. Players must have an opportunity to cover (daub) after every release. Each 

released number or designation does not have to be covered (daubed) 

individually by the player, i.e., the player need not touch each specific space on 

the electronic bingo card where the called number or designation is located. 

However, the player must have to opportunity to cover (daub) by touching the 

screen or a designated button at least one time in each round when those 

numbers or other designations are released, if those numbers or other 

designations appear on the player's card. Following this action by a player, the 

video screen at that player station will display a different color on the number or 

designation on that player's card if that number or designation has been 

properly covered (daubed) by the player. Players must be notified that they 

should cover (daub) their cards when the numbers or designations are revealed. 

g. Games may not include a feature whereby covering (daubing) after a release 

occurs automatically or without overt action taken by the player following the 

release. 

h. All players in a game, and not just a winning player, must be required by the 

rules of the game to cover (daub) the selected numbers or other designations 

that appear on their card when those numbers or other designations are 

released as an indication of their participation in a common game. 

i. A minimum of two (2) seconds must be provided after each release of numbers 

or other designations for players to complete each cover (daub) opportunity. 

The game may proceed as soon as all players have covered (daub) the 

selected numbers or other designations appearing on their cards. The game 

may not proceed until at least one player has covered (daubed) the selected 

numbers or other designations appearing on her card 

j. Players must cover after each release in order to achieve any winning pattern 

except that a player may later cover numbers or designations slept following a 

previous release ("catch upn) for use in obtaining the game-winning (gameending pattern). Failure to cover after each release results in the player 

forfeiting use of those numbers or other designations in any other pattern in the 

game. For bonus prizes (interim and consolation) and progressive prizes, if a 

player "sleeps," i.e. fails to cover one or more numbers or other designations, 

that player cannot be awarded such prize based on a winning pattern which 

contains one or more of the numbers or other designations slept by the player 

For game-winning (game-ending) prizes, if a player sleeps, the player may later 

cover the number(s) or other designations and win such prize if that player is the 

first player to cover all other numbers or designations making up the garnewinning pattern. 

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k. If a player sleeps the game-winning pattern the game must continue until a 

player subsequently obtains and covers (daubs) the game-winning pattern. 

I. All numbers or other designations slept by a player must be clearly and uniquely 

identified as such by displaying them in a unique color, by drawing a strikeout 

through them, or by other readily visible means. A player who sleeps a winning 

pattern must be notified by visible message on the video screen that the pattern 

was slept. Players who fail to cover (daub) numbers or other designations that 

establish patterns yielding bonus or progressive prizes also must be notified by 

visible message on the video screen that the pattern was slept. 

m. After all available numbers or designations have been randomly drawn or 

electronically determined and released that could lead to a game winning prize 

(i.e. no more balls could be drawn that would assist in the formation of a game 

winning prize), the game may allow an unlimited length of time to complete the 

last required (cover) daub and claim the prize, or be declared void and wagers 

returned to players and prizes canceled. 

n. The gaming facility or its employees may not play as a substitute for a player. 

6. What are the criteria for meeting the third statutory requirement that bingo, 

lotto, or other games similar to bingo be "won by the first person covering a 

previously designated arrangement of numbers or designations on such 

cards?" 

a. Because the game must be won by a "first person," each game must be played 

by multiple players. Players in an electronic game must be linked through a 

networked system. The system must require a minimum of two players for each 

game but not limit participation to two players and must be designed to broaden 

participation in each common game by providing reasonable and sufficient 

opportunity for at least six players to enter the game. Games cannot begin until 

two (2) seconds have elapsed from the time that the first player elects to play 

unless six players enter. Nothing in this section is intended to limit games to six 

players. 

b. In order for players to participate in a common game, and to meet the 

requirements for the minimum number of players, each player must be eligible 

to compete for all winning patterns in the game. A game may offer players the 

opportunity to play at different entry wagers and the prizes in the game may be 

increased or a progressive prize offered based on a higher entry wager so long 

as all prizes are based on achieving pre-designated winning patterns common 

for all players. 

c. The game must provide for the release of the selected numbers or other 

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designations to players in multiple rounds to establish the game as a contest in 

which players play against one another. Each game must provide for a 

minimum of two such rounds. Each round will provide for the release of at least 

one number or other designation randomly selected or electronically 

determined. The game may end at this point or other additional criteria for the 

end of the game may apply, such as the additional release(s) of randomly drawn 

or electronically determined numbers or other designations for a consolation 

prize(s), provided such criteria are clearly stated in the rules available to the 

players. 

d. Each game must have one game-winning pattern or arrangement. Each game 

winning pattern or arrangement must consist of at least three (3) spaces. The 

game winning pattern or arrangement must be available to players before the 

game begins. 

e. Other patterns or arrangements consisting of at least two (2) spaces each may 

be used for award of bonus or progressive prizes if the patterns or 

arrangements are designated and made available to players before the game 

begins. 

f. Events outside the play of bingo may not be used to determine the eligibility for 

a prize award or the value of a prize. 

g. The set of selected numbers or other designations released in the first round 

may not contain all of the numbers or other designations necessary to form the 

game-winning pattern on a card in play in the game, although the numbers or 

other designations necessary to form any other winning pattern for a bonus or 

progressive prize may be released in the first round. The quantity of numbers or 

designations released in the second round or each subsequent round may not 

extend beyond the quantity of numbers or other designations necessary to form 

the first available eligible game-winning pattern on a card in play in the game. 

h. Prizes cannot be claimed following the release of numbers or other designations 

in the first round. Two or more rounds are required before a player can claim 

any prize in any game. 

i. Bonus or progressive prizes may be awarded based on pre-designated patterns 

provided the award of these prizes is based on the play of bingo in the same 

manner as for the game-winning prize. Bonus or progressive prizes may be 

based on different pre-designated and pre-announced patterns, on achieving a 

winning pattern in a specified quantity of numbers or designations drawn or 

electronically determined and released, on the order in which numbers or 

designations are drawn or electronically determined and released, or on a 

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combination of these criteria. Bonus or progressive prizes may be awarded as 

interim prizes before or as the game winning prize is awarded or as consolation 

prizes after the game winning prize is awarded. 

j. A game may offer players the opportunity to play at different entry levels 

(wagers) and the prizes in the game may be increased based on a higher entry 

wager so long as all prizes are based on achieving pre-designated winning 

patterns common for ail players. 

k. Each game must provide an equal chance of obtaining any winning pattern for 

each card played by an active player in the game. The probability of achieving 

any particular pre-designated winning pattern for a participating player in the 

game may not vary based on the amount wagered by that player. 

I. The use of a paytable is permitted. The order of, or quantity of, numbers or 

other designations randomly drawn or electronically determined may affect the 

prize awarded for completing any previously designated winning pattern in a 

game. A multiplier to the prize based on a winning pattern containing a specified 

number or other designation is permitted. 

m. A game-winning prize must be awarded in every game. If the first player or a 

subsequent player obtaining the pre-designated game-winning prize pattern 

sleeps that pattern, the game must continue until a player achieves the gamewinning pattern. The same value prize must be awarded to a subsequent garnewinning player in the game. 

n. Alternative result display options may only be utilized for entertainment or 

amusement purposes and may not be used to independently determine a 

winner of the game or the prizes awarded or change the results of the bingo 

game in any way. 

7. What are the criteria for ensuring that pull-tabs or instant bingo played with 

an electronic component meet the statutory requirement for Class II gaming that 

the game not be an "electronic or electromechanical facsimile?" 

a. Each pull-tab card or instant bingo ticket for the game must exist in a tangible 

medium such as paper. Hereafter the term "pull tabsn also includes the term 

"instant bingo." A pre-printed pull-tab must be distributed to the player as paper 

or other tangible medium at the time the pull-tab is purchased. The pull-tab 

presented to the player must contain the information necessary for the player to 

determine if that player has won a prize in the game. The information must be 

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presented to the player in a readable format. 

b. A pull-tab card may contain more than one arrangement of numbers or symbols, 

but each arrangement must comport with the requirements of this section. The 

player must pay for all of the arrangements on that pull-tab card in advance. 

c. Pull-tabs that exist in a tangible medium may also be sold to players with 

assistance of a "technologic aid" that assists in the sale. The "technologic aid" 

may also read and display the contents of the pull-tab as the pull-tab is 

distributed to the player. The results of the pull-tab may be shown on a video 

screen that is part of or adjacent to the technologic aid assisting in the sale of 

the pull-tab. 

d. The player may also purchase a pull-tab from a person or from a vending unit 

and place the pull-tab in a separate "technologic aid" that reads and displays the 

contents of the pull-tab. 

e. If pull-tabs contain multiple arrangements of numbers or numbers or symbols, 

the rules for game play must indicate the disposition of a pull-tab in a 

technologic aid that is only partially played, i.e. all arrangements have not been 

viewed in the technologic aid. 

f. The pull-tab results may also be shown on a video screen that is part of the 

"technologic aid" using alternative displays including game theme graphics, 

spinning reels, or other imagery. The results may also be displayed on 

mechanical reels. Options for players found in this alternative display may not 

determine a winner of the game or the prizes awarded or change the results of 

the pull-tab game in any way. 

g. If the pull-tab is a winning card, it must be redeemable for a prize when 

presented at the location in the gaming facility designated by the gaming 

operator, unless the prize for obtaining that winning pull-tab is one or more 

credits to be accumulated on a credit meter as described elsewhere this section. 

h. A pull-tab may not be generated at the player station from an electronic storage 

file. 

i. A pull-tab game that otherwise meets the requirements for Class II gaming 

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established by this Part does not lose its character as a Class II gaming 

because the prizes won by the players holding the winning pull-tab cards are 

registered as credits on a meter that is part of the "electronic, computer or other 

technologic aid" reading and displaying the contents of the pull-tabs. These 

accumulated credits may be made available to the player for the purchase of 

other pull-tabs in the game or may be redeemable for a prize, including a 

monetary prize, through presentation of a receipt generated by the technologic 

aid rather than through presentation of the actual winning pull-tab cards. In that 

instance, the pull-tab must state that credits are being accumulated. However, if 

the winning pull-tab cards are registered as credits on a technologic aid, the 

pull-tab must be electronically andlor physically marked as having been 

redeemed and no longer available for play. 

8. What is a pull tab or instant bingo game that is an "electronic or 

electromechanical facsimile?" 

a. A pull tab game is an "electronic facsimilen if the pull tab does not exist in 

tangible medium at the point of sale and is displayed only electronically. 

b. Pull-tabs that exist in a tangible medium but that are electronically or optically 

read and transformed into an electronic medium and made available to the 

player only as depictions on a video screen (and not presented directly to the 

player in the tangible medium) are "electronic facsimiles." 

9. What are the criteria for distinguishing "card minding devices" as "electronic, 

computer or other technologic aids" used in the play of a live session game of 

Class II bingo from an "electronic facsimile" of the game? 

a. Information from paper bingo cards purchased by a player may be programmed 

into an electronic or electromechanical card minding device. Bingo cards, when 

so programmed into a card minding device under the control of the player, are 

considered held by the player. 

b. The card minding device must contain a screen that allows the player to view 

one or more of the bingo cards held by the player in the electronic storage. 

c. The card minding device shall (1) allow the player to input each number or other 

designation when that number or other designation is called in the live session 

bingo game, and/or (2) allow the player to touch a daub button in response to a 

number called and displayed on the device, thereby allowing the player to cover 

(daub) the numbers called on the electronic images of the bingo cards in use by 

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the player. 

d. The card minding device may interface directly with the equipment used to 

conduct the live session bingo game, such as the bingo blower, a random 

number generator used as an alternative to a bingo blower, or a electronic 

storage file or board that informs players of the numbers or other designations 

drawn or electronically determined in the live bingo game. However, the card 

minding device must not function in a manner such that it automatically covers 

(daubs) the selected numbers or other designations for the player without the 

player directing that action when those selected numbers or other designations 

are released. 

e. The card minding device cannot serve as the means for a player to notify the 

bingo game operator that the player has obtained a pre-designated winning 

bingo pattern and is claiming the win unless all players in the game are using 

the card minding device for this purpose. 

f. The card minding device may be used to identify the card containing the predesignated winning pattern and display the winning card to the operator for 

verification. 

g. The bingo operator may verify a winning pattern on a card held by a player by 

visual examination of the electronic card on the card minding device screen, or 

by other electronic verification means. However, the card minding device must 

not be capable of accessing an electronic computer system that assists bingo 

operation in any manner that would allow modification of the program that 

operates the card minding device or the cards held in its electronic storage after 

those cards are sold to the player for use in the bingo game. 

10. What is the process for approval, introduction, and verification of 

"electronic, computer, or other technologic aids" under the classification 

standards established by this part? 

a. An Indian tribe or a supplier, manufacturer, or game developer sponsored 

by a tribe (hereafter, the requesting party) wishing to have games and 

associated "electronic, computer, or other technologic aidsn certified as 

meeting the classification standards established by this part must submit 

the games and equipment to a testing laboratory recognized by the 

Commission under this part. The requesting party must support the 

submission with materials and software sufficient to establish that the 

game and equipment meets classification standards and provide any other 

information requested by the testing laboratory. 

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b. For an "electronic, computer, or other technologic aid" to be accepted as 

certified as meeting the classification standards under this part, the tribe 

shall require the following. 

1. The testing laboratory will evaluate and test the 

submission to the standards established by this part. 

Issues that concern an interpretation of the standards or 

the certification procedure identified during the evaluation 

or testing process, if any, will initially be discussed between 

the testing laboratory and the requesting party. In the 

event of impasse, the requesting party and the testing 

laboratory may jointly submit questions concerning the 

issue to the Commission Chairman who may decide the 

issue. Questions regarding additional tribal standards will 

be addressed to the appropriate tribal gaming regulatory 

authority. 

2. At the completion of the evaluation and testing process, the 

testing laboratory will provide a formal written report to the 

requesting party setting forth its findings and conclusions in 

the manner and form prescribed by the Commission. The 

testing laboratory will also forward a copy of its report to the 

Commission. The report may be made available to any 

interested tribal gaming regulatory authority by the 

requesting party or by the testing laboratory on request. 

3. Each report from a testing laboratory must state the name 

of the requesting party; the type of game evaluated; name 

(s) and version(s) of the game played with the "electronic, 

computer, or other technologic aid" being evaluated; all 

associated game themes under which the game will be 

played on the "technologic aid" being evaluated; findings 

regarding game features and manner of play; a checklist of 

the standards established by this part together with an 

indication of the results of testing and evaluation to each 

particular standard; and a summary conclusion as to 

whether the gaming conducted with the aid meets the 

requirements of this part. A supplemental report 

addressing additional game themes or other non-play 

features may follow as necessary, and will contain a 

statement verifying that gaming conducted with the aid 

continues to meet the requirements of this part. 

4. Each report will also provide one or more unique 

signatures or checksum values for the operating programs 

used with the "electronic, computer, or other technologic 

aid." In the case of disk based machines, a standard 

directory checking program and the data files and 

documentation to verify the correct operational software will 

be provided. In the case of EPROMs, a unique signature 

or checksum will be provided based upon standard 

algorithms. The purpose of the unique signature(s) or 

checksum values is to permit later verification that the 

games and the "electronic, computer or other technologic 

aidsn in play in a Tribe's gaming operation(s) are the games 

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and aids certified by the testing laboratory, by comparison of 

the signature(s) or checksum values. 

5. In certifying a game or "an electronic, computer, or other 

technologic aid" for Class I1 play, a requesting party or a 

tribe may not rely on a report from a testing laboratory 

owned or operated by that requesting party or that tribe. 

c. The Commission will maintain a generalized listing of games and 

"electronic, computer, or other technologic aidsn certified by recognized 

testing laboratories as meeting the classification standards established by 

this Part. Each testing laboratory will maintain a detailed listing of the 

"electronic, computer or other technologic aidsn it certifies. The 

Commission will make its listing available on its website. Reports and 

certifications by testing laboratories provided to the Commission will be 

available for review in Commission regional offices, except that confidential 

and proprietary information concerning the "electronic, computer, or other 

technologic aidn contained in the report will not be made available for 

public review. 

d. Additional requirements established by a tribal gaming regulatory authority. 

1. A tribal gaming regulatory authority may establish 

additional classification standards that extend and/or 

exceed the standards established by this part and require 

additional testing and certification to its own extended 

standards as a condition to operation of the game and 

associated "electronic, computer, or other technologic aid" 

in a gaming facility it regulates. 

A tribal gaming regulatory authority may elect to provide its 

extended testing standards to the testing laboratories and 

require additional tests and certification reports applicable 

to its own certification of a game or "electronic, computer or 

other technologic aid." A requesting party wishing to meet 

the specific tribal requirements will submit additional 

supporting materials and documentation to the testing 

laboratory as may be necessary to meet the specific tribal 

requirements. A testing laboratory evaluating a game and 

associated equipment will include in its report to the 

requesting party information relevant to the specific 

additional tribal requirements and provide a copy of the 

report to that tribal gaming regulatory authority and the 

NIGC. 

e. Objections to a testing laboratory certification by the Commission. 

1. The Commission Chairman or a designee will review the 

certifications and accompanying reports received from 

testing laboratories and may interpose an objection to any 

certification issued by a testing laboratory by notification to 

the testing laboratory and the requesting party within 60 

days of receipt of the certification and report. In the 

absence of objection within 60 days, the testing laboratory 

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and the requesting party may assume the Commission does 

not interpose an objection. Nothing herein shall preclude 

the Commission Chairman from objecting to a testing 

laboratory certification subsequent to the 60 day period. 

The Commission will conduct additional discussions with 

the testing laboratory and the requesting party on any 

game or "electronic, computer, or other technologic aid" to 

which it has objection to resolve the dispute. If the 

objection is upheld after further review by the Commission, 

the testing laboratory and requesting party will notify any 

tribal gaming regulatory authority to which it has provided a 

certification and report on the game and associated 

equipment that the Commission has objected to the 

certification and that the certification is no longer valid. 

3. An objection by the Commission Chairman or a designee, 

upheld after review by the Commission, will be a final 

agency action for purposes of suit under the Administrative 

Procedure Act by the requesting party. 

f. Recognition of Testing Laboratories. 

1. The Commission will maintain a listing of testing 

laboratories recognized as qualified to perform testing and 

evaluation for games played using "electronic, computer, or 

other technologic aids" that are offered for use in Class II 

gaming. To obtain Commission recognition a testing laboratory 

will demonstrate its integrity, independence and financial 

stability by providing evidence of licensing obtained from a 

competent jurisdiction that has conducted a thorough 

background check of the testing laboratory. 

2. The testing laboratory will demonstrate its relevant 

technical skill and capability by providing evidence of suitable 

testing previously conducted for state or tribal regulatory 

authorities. The Commission will conduct an onsite review of 

the testing laboratory's facilities as part of its evaluation and will 

be satisfied that the testing laboratory is qualified and 

competent to perform the testing required by this part before 

recognizing the testing laboratory. 

3. A testing laboratory recognized by the Commission will 

notify the Commission immediately if any license issued by a 

state or tribe is revoked or not renewed. 

4. The Commission may offer provisional recognition to a 

new testing laboratory that does not meet the requirements of 

sub-paragraphs (1) and (2) above based on its own review of 

suitability and technical qualifications of the testing laboratory. 

11. What are the steps for a compliance program administered by a tribal 

gaming regulatory authority to ensure that "electronic, computer, or other 

technologic aids" in play in Class II tribal game facilities meet the classification 

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standards of this part? 

a. In regulating Class II gaming, a tribal gaming regulatory authority will institute 

a compliance program that ensures bingo, lotto, and other games similar to 

bingo and pull-tabs and instant bingo in use in its gaming facilities, which are 

operated and played with "electronic, computer, or other technologic aids" 

covered by this part, are certified as meeting the pertinent classification 

standards established by this part and any additional tribal standards adopted 

by the tribal gaming regulatory authority. The program must include the 

following elements: 

1. Initial certification of an "electronic, computer, or other 

technologic aid" along with the games played thereon as 

meeting the standards established by this part before the 

equipment is placed for use in the gaming operation; 

2. Internal controls that prevent unauthorized access to game 

control software to preclude modifications that would cause 

the "electronic, computer, or other technologic aid" and the 

games played thereon to no longer meet the standards 

established by this part; 

3. Periodic testing of the "electronic, computer, or other 

technologic aid," conducted at least annually, to validate 

that the equipment continues to meet the standards 

established by this part. 

b. In authorizing particular Class II gaming within a gaming facility it licenses a 

tribal gaming regulatory authority shall, at a minimum, require a finding and 

certification by an independent gaming testing laboratory, recognized by the 

NlGC under this Part, that each "electronic, computer, or other technologic aid" 

used in connection with such gaming meets the standards of this part. If the 

tribe's gaming regulatory authority has established classification standards that 

apply additional criteria, the tribe shall require additional findings consistent 

with the additional standards as a condition to authorizing a technologic aid for 

use and play in gaming facility it regulates. 

c. The tribal gaming regulatory authority will maintain a record for each individual 

Class II "electronic, computer or other technologic aid" certified for use and 

play under this part and offered for play in a gaming facility it regulates 

attesting that the equipment meets the standards established by this part and 

any additional standards established by the Tribe. 

d. Effective date for operation of games under the classification standards. 

For Class II gaming operations open on the effective date 

of this part or that open within six months of the effective 

date, certification of the "electronic, computer, or other 

technologic aids" must be completed and authorization 

provided by the tribal gaming regulatory authority within six 

months of the effective date . Games and associated 

equipment not certified within that period must be removed 

until certification is obtained and authorization given. The 

Commission Chairman may extend the period for obtaining 

certification by an additional six months at the request of a 

tribal gaming regulatory authority based on good cause 

shown. 

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2. For Class II gaming operations opening six months after 

the effective date, certification and authorization to operate 

by the tribal gaming regulatory authority must be completed 

before opening. 

3. Games played with "electronic, computer, or other 

technologic aids," subject to certification under this part and 

not in a tribe's operation prior to the effective date, must be 

authorized for use as Class II by the tribal gaming 

regulatory authority using the processes described in this 

Part prior to play in that tribe's gaming operation. 

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