Final Rule to Amend Fee Regulations

Published in the Federal Register

For immediate release

Washington, DC, January 16, 2004 - The final rule to allow the National Indian Gaming Commission (NIGC) to collect up to the statutory maximum of fees imposed by Congress has been finalized and published in the Federal Register. The rule will become effective on February 16, 2004.

"The Commission greatly appreciates all the comments we received from Indian Country during the rule-making process," said NIGC Chairman Phil Hogen. "This rule will reduce the time and costs of amending regulations, allowing those resources to be better spent in performing our primary duties."

The NIGC is funded through fees collected from gaming operations under its jurisdiction. Under current regulation, the Commission cannot collect more than $8 million in fees during any fiscal year. However, Congress recently increased the fee cap to $12 million for fiscal years 2004 and 2005. Rather than amending the regulations to adjust to this specified amount, the final rule will allow the Commission to collect fees up to the statutory maximum imposed by Congress, which will prevent the need to amend fee regulations should Congress decide to lower or raise the cap in the future.

"It is important to note that although the Commission is authorized to receive $12 million in fees this year, it is likely that we will collect considerably less than that amount," Hogen added.

Hogen also indicated the Commission is working to set preliminary fee rates for this calendar year. Annual fees collected by the NIGC are based on a percentage of assessable gross revenue of each gaming operation under the agency's jurisdiction.

The NIGC is an independent regulatory agency established within the Department of the Interior pursuant to the Indian Gaming Regulatory Act of 1988.