NIGA Announces Survey on Class II Gaming Systems

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Re:

Date:

NIGA Member Tribes

Chairman Ernest L. Stevens Jr.
Jason C. Giles, Executive Director

NIGA Announces Survey on Class II Gaming Systems

February 3, 2017

The National Indian Gaming Association (NIGA) is requesting the participation of its members in a survey on Class II gaming systems.  The official survey will be sent in the coming days.  Responses must be returned as instructed on the survey form no later than March 15, 2017. 

This survey coincides with one of the National Indian Gaming Commission's (NIGC) 2017 consultation topics: the grandfathering provision for certain Class II gaming systems  and the sunset deadline to become compliant with Technical Standards for Class II gaming systems, 25 C.F.R. Part 547.  This provision, adopted in 2008, set a hard sunset deadline requiring Class II gaming systems manufactured before November 10, 2008 to be retired by November 10, 2013 absent full compliance with 25 C.F.R. Part 547.  In 2012, the NIGC extended the sunset deadline five years to November 10, 2018.

Class II gaming systems are of vital importance not just to the Indian Gaming community, but also as an aspect of Tribal sovereignty and economic development.  It is a form of tribal gaming preserved for tribes under IGRA that is lucrative and may be operated without a gaming compact.  Moreover, Class II gaming systems remain incredibly popular and the removal of such gaming systems may cause significant hardship to tribal gaming operations.   

The purpose of this data collection effort is to: 1) quantify the impact removal of grandfathered Class II gaming systems would have on the Class II gaming sector; and 2) to determine whether these systems demonstrate any significant integrity, safety, or asset protection issues or problems of a degree as to warrant such an extreme measure as their wholesale removal from the marketplace.    

NIGA created a Class II Gaming Sub-Committee in September 2016 to explore the impact of the sunset deadline on tribal gaming operations.  The Class II Sub-Committee is chaired by Matthew Morgan of the Chickasaw Nation and is comprised of members highly knowledgeable with Class II gaming systems.  With the results of this survey, this Sub-Committee hopes to develop hard evidence as to how these grandfathered Class II gaming systems have performed technically over time.  This information will help NIGA determine overall whether or not the sunset deadline is fair, appropriate, or justified. 

NIGA has commissioned the firm of KlasRobinson Q.E.D. to collect and compile the data gathered from the responses.  All responses to the survey will be compiled in a manner that will safeguard the confidentiality of the received information.

This information collected from the survey will be presented at NIGA's Tradeshow April 10-13, 2017 in San Diego, where the result will also be presented to the NIGC.