"n the past year, three new commissioners were appointed to the NIGC and it is apparent that they are intent on reversing the somewhat adversarial relationships the agency has had with tribes in a number of controversial areas.

First, the number of enforcement actions brought or settled by the NIGC has fallen dramatically since the new commissioners came on board. In 2009, the agency brought or settled more than 80 cases, but this year only 2 cases were brought or resolved.

Second, as reported in the article, the NIGC is embarking on an ambitious round of consultations with tribes this winter. Consultation is required under federal law and has long been a source of irritation to many tribes who felt that the NIGC did not engage in good faith consultation prior to issuing regulation or taking enforcement action.

The announced purpose of the current round of consultations is to obtain input for a comprehensive review of agency regulations. This is consistent with the new Chairperson's confirmation hearing statements that her goal is to work collaboratively with the tribes to take a "fresh look" at existing regulations and identify areas of improvement in carrying out the policies behind the Indian Gaming Regulatory Act."

Get the Story:
New Direction for the NIGC? (The Gerson Lehman Group 12/8)