6/18/24
Is notification required for expansion of an existing gaming facility? Notification is not required if the expansion is merely an extension of an existing gaming facility. However, in some instances, NIGC has learned that the term extension has been used to describe construction of a new facility . As described in the previous slide, if a newly constructed gaming facility is not attached to the existing structure, it is considered a separate facility for purposes of the Facility License Standards and notification to the NIGC is required at least 120 days prior to opening. In those situations where the existing facility and the new facility are connected but the existing facility will cease to operate as a gaming facility upon completion of the new facility, notification to NIGC is required, since the structure would be a new facility and not an extension of the current gaming facility. Notification to the NIGC would be required both for the opening of a new facility, as well as the closure of the existing facility. Though not required by the regulations, in circumstances where expansion of the gaming facility will cross parcel lines, NIGC would appreciate notification as a courtesy since additional lands are involved.
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BIG RESPONSIBILITY
§559.4 What must a tribe submit to the Chair with the copy of each facility license that has been issued or renewed? A tribe shall submit to the Chair with each facility license an attestation certifying that by issuing the facility license, the tribe has determined that the construction and maintenance of the gaming facility, and the operation of that gaming, is conducted in a manner which adequately protects the environment and the public health and safety. This means that a tribe has identified and enforces laws, resolutions, codes, policies, standards or procedures applicable to each gaming place, facility, or location that protect the environment and the public health and safety, including standards, under a tribal-state compact or Secretarial procedures.
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