National Indian Gaming Commission 2022 – Federal Register Recent Federal Regulation Documents

Appeals to the Commission
Document Number: 2022-27034
Type: Rule
Date: 2022-12-16
Agency: Department of the Interior, National Indian Gaming Commission
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.
Management Contracts
Document Number: 2022-24135
Type: Rule
Date: 2022-11-14
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission (NIGC or Commission) issued a proposed rule revising its management contract regulations. The Indian Gaming Regulatory Act (IGRA) provides that an Indian tribe may enter into a management contract for the operation of Class II or Class III gaming activity if such contract has been submitted to and approved by the NIGC Chairman. Collateral agreements to a management contract are also subject to the Chairman's approval. This final rule makes background investigations required of all persons who have 10 percent or more direct or indirect financial interest in a management contract, of all entities with 10 percent or more financial interest in a management contract, of any other person or entity with a direct or indirect financial interest in a management contract otherwise designated by the Commission, and authorizes the Chairman, 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.
Audit Standards
Document Number: 2022-24305
Type: Proposed Rule
Date: 2022-11-08
Agency: Department of the Interior, National Indian Gaming 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.
Audit Standards
Document Number: 2022-24304
Type: Rule
Date: 2022-11-08
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission inadvertently referred to an incorrect RIN in a recent final rule published in the Federal Register concerning audit standards. Throughout the rulemaking process, we referenced the wrong RIN. This document corrects that error in the final rule.
Self-Regulation of Class II Gaming
Document Number: 2022-21948
Type: Rule
Date: 2022-10-18
Agency: Department of the Interior, National Indian Gaming Commission
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.
Notice of Approved Class III Tribal Gaming Ordinance
Document Number: 2022-20744
Type: Notice
Date: 2022-09-26
Agency: National Indian Gaming Commission, Department of the Interior
The purpose of this notice is to inform the public of the approval of St. Regis Mohawk Tribe Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.
Notice of Approved Class III Tribal Gaming Ordinance
Document Number: 2022-20743
Type: Notice
Date: 2022-09-26
Agency: National Indian Gaming Commission, Department of the Interior
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.
Submission of Gaming Ordinance or Resolution
Document Number: 2022-20235
Type: Rule
Date: 2022-09-21
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission (NIGC) is amending the procedures for Submission of Gaming Ordinance or Resolution under the Indian Gaming Regulatory Act. The amendment revises the regulations controlling the submission and approval requirements of tribal gaming ordinances or resolutions and amendments thereof. Notably, the rule: authorizes the submission of documents in electronic or physical form; clarifies that the submission requirements apply to amendments of ordinances or resolutions; eliminates the requirement that an Indian tribe provide copies of all gaming regulations with its submission and instead requires a tribe to submit gaming regulations only upon request; initiates the 90-day deadline for the NIGC Chair ruling upon receipt of a complete submission; requires tribes that subsequently amend a gaming ordinance pending before the Chair to provide an authentic resolution withdrawing the pending submission and resubmitting the revised submission; and eliminates the requirement that the NIGC Chair publish a tribe's entire gaming ordinance in the Federal Register, requiring notice of approval to be published with the Chair's approval letter instead. In addition, the NIGC has made other non-substantive revisions, such as citation to cross references, minor grammatical revisions, and formatting changes.
Audit Standards
Document Number: 2022-20230
Type: Rule
Date: 2022-09-21
Agency: Department of the Interior, 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.
Annual Fee Calculation
Document Number: 2022-19217
Type: Rule
Date: 2022-09-06
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission is amending agency procedures for calculating the amount of annual fee a gaming operation owes the National Indian Gaming Commission. The amendment excludes certain promotional credits from the calculation of the annual fee a gaming operation owes.
Appeals to the Commission
Document Number: 2022-16976
Type: Proposed Rule
Date: 2022-08-10
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission proposes to amend its regulations to add a settlement process for appeals proceedings on written submissions to the Commission.
Definitions; Background Investigation for Primary Management Officials and Key Employees; Gaming Licenses for Primary Management Officials and Key Employees
Document Number: 2022-16977
Type: Proposed Rule
Date: 2022-08-10
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission proposes to amend its regulations to add definitions, amend existing definitions, and amend requirements for conducting background investigations and issuing licenses. Proposed amendments include adding general managers and other persons with similar management responsibility to the primary management official definition; limiting the definition to those with duties similar to those of a chief financial officer rather than persons who have financial management responsibility; and limiting primary management officials to employed management officials designated by Tribes instead of any person so designated. The proposed amendments to the key employee definition consolidate certain of its subsections; include gaming operation employees authorized for unescorted access to secured areas that are designated as such by Tribal gaming regulatory authorities; remove compensation as determinative factor with the exception of the four most highly compensated persons in the gaming operation; and allow Tribes to designate any other employee of the gaming enterprise as a key employee instead of ``any other person.'' Other proposed amendments incorporate the addition definitions for Gaming Enterprise and Tribal Gaming Regulatory Authority and clarify licensing application and background investigation retention. Specifically, the proposed amendments focus on licensing of primary management officials and key employees instead of employment of them; adding notification requirements for licensing revocation decisions; specifying retention requirements of information and documentation post termination; and changing the vesting of a right to a hearing to reflect Tribal law and policy.
Renewals of Information Collections and Request for New Collection Under the Paperwork Reduction Act
Document Number: 2022-06616
Type: Notice
Date: 2022-03-29
Agency: National Indian Gaming Commission, Department of the Interior
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).
Annual Adjustment of Civil Monetary Penalty To Reflect Inflation
Document Number: 2022-00835
Type: Rule
Date: 2022-01-18
Agency: Department of the Interior, National Indian Gaming Commission
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.
Submission of Gaming Ordinance or Resolution; Correction
Document Number: 2022-00636
Type: Proposed Rule
Date: 2022-01-14
Agency: Department of the Interior, National Indian Gaming Commission
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.
Background Investigations for Persons or Entities With a Financial Interest in or Having a Management Responsibility for a Management Contract; Correction
Document Number: 2022-00631
Type: Proposed Rule
Date: 2022-01-14
Agency: Department of the Interior, National Indian Gaming Commission
This document corrects the preamble to a proposed rule published in the Federal Register of December 2, 2021, regarding Background Investigations for Persons or Entities with a Financial Interest in or Having a Management Responsibility for a Management Contract. The document contained incorrect dates for submitting comments. This correction clarifies that comments are due January 31, 2022.
Fees; Correction
Document Number: 2022-00630
Type: Proposed Rule
Date: 2022-01-14
Agency: Department of the Interior, National Indian Gaming Commission
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.
Facility License; Correction
Document Number: 2022-00625
Type: Proposed Rule
Date: 2022-01-13
Agency: Department of the Interior, National Indian Gaming Commission
This document corrects the preamble to a proposed rule published in the Federal Register of December 1, 2021, regarding Facility Licenses. The document contained incorrect dates for submitting comments. This correction clarifies that comments are due January 31, 2022.
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