National Indian Gaming Commission – Federal Register Recent Federal Regulation Documents

In compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Act) and Office of Management and Budget (OMB) guidance, the National Indian Gaming Commission (NIGC or Commission) is amending its civil monetary penalty rule to reflect an annual adjustment for inflation in order to improve the penalty's effectiveness and maintain its deterrent effect. The Act provides that the new penalty level must apply to penalties assessed after the effective date of the increase, including when the penalties whose associated violation predate the increase.

Notice is hereby given that the National Indian Gaming Commission has adopted its annual fee rates of 0.00% for tier 1 and 0.08% (.0008) for tier 2, which maintain the current fee rates. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation, the fee rate on Class II revenues shall be 0.04% (.0004) which is one-half of the annual fee rate. The annual fee rates are effective November 1, 2023, and will remain in effect until new rates are adopted. The National Indian Gaming Commission has also adopted its fingerprint processing fee of $53 per card which represents an increase of $8 per card. The fingerprint processing fee is effective November 1, 2023, and will remain in effect until the Commission adopts a new rate.

In April 2023, the Commission issued a revised proposed rule refining proposed changes to the ``primary management official'' and ``key employee'' definitions as well as the newly proposed definitions for ``Gaming Enterprise'' and ``Tribal Gaming Regulatory Authority'' (TGRA). The revised proposal, like the 2022 original, also proposed: modernizing retention requirements for background investigations and licensing applications; vesting revocation hearing rights upon license issuance as well as in accordance with tribal law, regulation, or policy; and augmenting revocation decision notification and submission requirements. After closely considering comments received, this final rule permits tribes to designate other gaming enterprise employees as key employees and other employed gaming enterprise management officials as primary management officials, including TGRA personnel. These optional designations occur by any documentary means. Further, the key employee definition no longer sets forth a wage threshold but includes in the definition a gaming operation's four most highly compensated persons. And the terms ``independent'' and ``governmental'' have been struck from the TGRA definition, aligning it with a corresponding definition in NIGC regulations, part 547. Lastly, license revocation decisions only require notifying the Commission of the revocation along with a copy of the revocation decision.

The purpose of this notice is to inform the public of the approval of Leech Lake Band of Ojibwe (Band) Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.

In compliance with the Paperwork Reduction Act of 1995, the National Indian Gaming Commission (NIGC or Commission) is announcing its submission, concurrently with the publication of this notice or soon thereafter, of the following information collection requests to the Office of Management and Budget (OMB) for review and approval. The Commission is seeking comments on the renewal of information collections for the following activities: compliance and enforcement actions under the Indian Gaming Regulatory Act as authorized by OMB Control Number 3141-0001; tribal gaming ordinance approvals, background investigations, and issuance of licenses as authorized by OMB Control Number 3141-0003; National Environmental Policy Act submissions as authorized by OMB Control Number 3141-0006; and issuance to tribes of certificates of self-regulation for class II gaming as authorized by OMB Control Number 3141-0008. These information collections expire on June 30, 2023, with the exception of OMB Control Number 3141-000, which expires on May 31, 2023.

The purpose of this notice is to inform the public of the approval of Santa Rosa Band of Cahuilla Indians (Tribe) Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.

The purpose of this notice is to inform the public of the approval of Ione Band of Miwok Indians of California Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.

In accordance with the Privacy Act of 1974, as amended, the NIGC is issuing public notice of its intent to modify an existing system of records entitled, Management Contract Individuals Record System. This system of records is used to maintain information that is collected in the course of conducting background investigations on individuals who are contracted to manage Tribal gaming operations and enterprises.

The National Indian Gaming Commission (NIGC or Commission) amends its regulations regarding appeal before the Commission to include a settlement procedure and to limit the motions that may be filed during an appeal before the Commission.

The National Indian Gaming Commission inadvertently referred to an incorrect RIN in a recent proposed rule published in the Federal Register concerning audit standards. This document corrects that error in the proposed rule.

The National Indian Gaming Commission (NIGC) is amending its regulations regarding self-regulation of Class II gaming under the Indian Gaming Regulatory Act. The amendment revises the regulations to address an ambiguity in the petitioning process and clarifies the Office of Self-Regulation's (OSR) role once the Commission issues a certificate. Notably, the amendment: Clarifies the NIGC may issue a final decision on issuing a certificate within 30 days instead of after 30 days; removes the requirement that the director of the OSR must be a Commissioner; enumerates the OSR is the correct party to receive notifications of material changes from self-regulated tribes; expands the deadline for tribes to report material changes to the OSR from three business days to 10 business days; clarifies the OSR will be the office to make any recommendations to revoke a certificate of self- regulation before the Commission; and clarifies that, in any revocation proceeding, the OSR has the burden to show just cause for the revocation and carry that burden by a preponderance of the evidence.

The purpose of this notice is to inform the public of the approval of Cocopah Indian Tribe Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.

The National Indian Gaming Commission (NIGC) is amending its Audit standards regulations. The amendments eliminate the Commission waiver requirement for reviewed financial statements and allow all operations grossing less than $2 million in the previous fiscal year to submit reviewed financial statements provided that the tribe or tribal gaming regulatory authority (TGRA) permits the gaming operation to submit reviewed financials. The amendments also create a third tier of financial reporting for charitable gaming operations with annual gross revenues of $50,000 or less where, if permitted by the tribe, a tribal or charitable gaming operation may submit financial information on a monthly basis to the tribe or the TGRA and in turn, the tribe or TGRA provides an annual certification to the NIGC regarding the gaming operation's compliance with the financial reporting requirements. The amendments also add a provision clarifying that the submission of an adverse opinion does not satisfy the regulation's reporting requirements.

The National Indian Gaming Commission proposes to amend its regulations to add a settlement process for appeals proceedings on written submissions to the Commission.

In compliance with the Paperwork Reduction Act of 1995, the National Indian Gaming Commission (NIGC or Commission) is seeking comments on the renewal of information collections for the following activities: (i) Indian gaming management contract-related submissions, as authorized by Office of Management and Budget (OMB) Control Number 3141-0004 (expires on June 30, 2022); (ii) Indian gaming fee payments- related submissions, as authorized by OMB Control Number 3141-0007 (expires on June 30, 2022); (iii) minimum internal control standards for class II gaming submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0009 (expires on June 30, 2022); (iv) facility license-related submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0012 (expires on June 30, 2022); and (v) minimum technical standards for class II gaming systems and equipment submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0014 (expires on June 30, 2022).

This document corrects the preamble to a proposed rule published in the Federal Register of December 9, 2021, regarding the Submission of Gaming Ordinances or Resolutions. The document contained incorrect dates for submitting comments. This correction clarifies that comments are due February 7, 2022.

This document corrects the preamble to a proposed rule published in the Federal Register of December 2, 2021, regarding Fees. The document contained incorrect dates for submitting comments. This correction clarifies that comments are due January 31, 2022.

In accordance with the Privacy Act of 1974, the National Indian Gaming Commission (NIGC) proposes to establish a new system of records entitled, ``NIGC Reasonable Accommodations Records.'' This system of records will include information that the NIGC collects and maintains on applicants for employment and employees who request and/or receive reasonable accommodations from NIGC for medical or religious reasons.

The National Indian Gaming Commission proposes to amend its procedures for processing a request for approval of a management contract under the Indian Gaming Regulatory Act. The proposed amendments make the following changes to the current regulations. The regulations will now require a background investigation of all persons who have 10 percent or more direct or indirect financial interest in a management contract. The regulations will also require a background investigation of all entities with 10 percent or more financial interest in a management contract. The regulations now require a background investigation of any other person or entity with a direct or indirect financial interest in a management contract otherwise designated by the Commission. The regulations authorize the Chair, either by request or unilaterally, to exercise discretion to reduce the scope of the information to be furnished and background investigation to be conducted for certain entities.

The National Indian Gaming Commission proposes to amend our facility license notifications. The proposed rule would modify the requirement that facility license notice submissions include a name and address of the proposed gaming facility. Specifically, the National Indian Gaming Commission would require the submission of the name and address of the property only if known when the facility license notification is submitted to the NIGC Chair. The Commission proposes this action to assist tribal governments, and tribal gaming regulatory authorities that face challenges in meeting the regulatory requirement in instances where a facility has not been issued a name or address.

The purpose of this notice is to inform the public of Class III tribal gaming ordinances approved by the Chairman of the National Indian Gaming Commission.

Notice is hereby given that the National Indian Gaming Commission has adopted its annual fee rates of 0.00% for tier 1 and 0.062% (.00062) for tier 2, which remain the same as current fee rates. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation, the fee rate on Class II revenues shall be 0.031% (.00031) which is one-half of the annual fee rate. The Commission may need to reassess these rates during the year, as well as the fee collection processes laid out in its regulations. This reassessment includes the Commission considering actions to potentially increase fee rates before November 2021, promulgate changes to the provisions described in the Commission's Fees regulations, and/or other potential measures to address the agency's budget planning. These potential measures will not be implemented before the third quarter payment due date, will comply with the Indian Gaming Regulatory Act's existing requirements, and will be done in consultation with tribal governments as outlined in the Agency's policies on government-to-government consultation. The annual fee rates being adopted here are effective November 23, 2020 and will remain in effect until new rates are adopted. The National Indian Gaming Commission has also adopted its fingerprint processing fee of $45 per card effective November 13, 2020. The increase from the current $22 per card is necessary to update the NIGC's fingerprint system and network (equipment cost) and implement additional measures required to ensure compliance with Federal Bureau of Investigation requirements. The fingerprint processing fee being adopted here is effective November 13, 2020, and will remain in effect until the Commission adopts a new rate.

In compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Act) and Office of Management and Budget (OMB) guidance, the National Indian Gaming Commission (NIGC or Commission) is amending its civil monetary penalty rule to reflect an annual adjustment for inflation in order to improve the penalty's effectiveness and maintain its deterrent effect. The Act provides that the new penalty level must apply to penalties assessed after the effective date of the increase, including when the penalties whose associated violation predate the increase.

Notice is hereby given, that the National Indian Gaming Commission has adopted its annual fee rates of 0.00% for tier 1 and 0.062% (.00062) for tier 2, which remain the same as current fee rates. The tier 2 annual fee rate maintains the lowest fee rate of the last nine years. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation, the fee rate on Class II revenues shall be 0.031% (.00031) which is one-half of the annual fee rate. The National Indian Gaming Commission has also adopted its fingerprint processing fee of $22 per card effective November 1, 2019. These new fee represent a $4 increase from the current fingerprint processing fee of $18 per card which have been in effect since 10/1/ 2016. The increase for this year's fingerprint fee is a result of bolstering information security systems and additional measures necessary to ensure compliance with Federal Bureau of Investigation requirements. The annual fee rates and fingerprint fee being adopted here are effective November 1, 2019, and will remain in effect until the Commission adopts new rates and fee.