A public comment period regarding proposed clarification in Class II gaming definitions as deemed by the National Indian Gaming Commission (NIGC) in the U.S. will be coming to a close on November 15, 2006. Public comments on a corresponding economic impact study are also being taken by the NIGC until December 15, 2006. Stemming from a decision by the NIGC to propose new regulation standards that would serve to classify gaming devices in tribal casinos covered under the Indian Gaming Regulatory Act, the public comment periods are a chance for individuals to voice their opinions.

This is precisely what several Indian tribes from Montana recently did when they held a rare meeting with the NIGC to voice their concerns that the new regulations would hinder their casino operations, and that overall, Montana tribes have been feeling neglected by the NIGC. However, as far as the NIGC is concerned, their primary mission is to regulate tribal casino gaming in the U.S. in a way that fosters the betterment of each tribes welfare in compliance with gambling laws of the state in which the tribe resides.

This is precisely the source of the NIGC's concern and motivation for a need to clarify between Class II and III gaming devices. Under the Indian Gaming Regulatory Act, Class II gaming devices do not require tribes to make compacts with each state governing the usage of these devices, which include bingo and similar casino games. Class III games, on the other hand, require tribes to negotiate compacts with each state regarding their usage, and consist of slot machines and similar devices.

The NIGC has been worried for some time now that many games currently classified as Class II gaming devices should actually be classified as Class III, and that in order to draw a more distinct line between the two these so-called Class II games should be changed so that it takes more time for players to play them, thereby reducing the amount of money being spent on them in a given time frame. Tribal casinos across the board are not happy about this whatsoever since they will obviously be taking in less revenue. Some tribes are claiming that by passing these new regulations, they will not be able to successfully operate profitable casinos.