The National Indian Gaming Commission (NIGC) has unveiled a new rule that will now require American Indian tribes to certify that their reservation-based casinos are operating within the Federal laws governing them.  The proposal is currently in the form of a working draft that will undoubtedly receive changes and modifications, depending on feedback from NIGC members.

While the new rule has not been approved as of yet (tribes have until June 30 to submit proposed changes and comments regarding the new rule), it is very likely it will get the green light.  The NIGC has been seeking to create stricter regulations on Indian casinos, considering the amount of Indian casinos has drastically grown over the last few years.

Provisions in the proposal include a requirement for all tribes to resubmit for an annual gaming license for all Class II and Class III casinos and gambling facilities operated by each tribe.  To receive the license, tribes must prove that casinos are located on reservation lands that has legally acquired, which has been a large motivation for the National Indian Gaming Commission in developing the new rule.  The catalyst for this motivation has been an increase, as of late, in cases in which the way that tribes have acquired reservation land for putting up casinos has become questionable.

According to the Indian Gaming Regulatory Act, the vast majority of the four-hundred plus casinos operating in North America are located on approved Indian reservation lands, although the acquisition of those lands has caused some to question the efficacy of the regulatory principles of the act.