often already overburdened with matters relating to the governance of the Nation. Requiring the Tribal government’s review and approval would therefore take necessary resources from other vital matters. IGA instead recommends that FinCEN revise the language of subparagraph (b) to explicitly allow for a Tribal Gaming Regulatory Agency (“TGRA”) to approve a resolution to adopt an AML or CFT program. As the entity with oversight, the TGRA should also be granted deference regarding the terms of the programs. Extension of the Comment Period We wish to conclude our informal comments on this matter with a request that the comment submission deadline for the revisions to the requirements for AML and CFT programs be extended to November 30, 2024. This rulemaking has the potential to significantly impact tribally-owned Casinos, which often serve as one of the major sources of income for Tribal Nations. As such, it is of the utmost importance that Tribal governments, business boards, and other impacted parties have sufficient time following the Tribal Consultation to consider and participate in the comment period for the proposed rule. Our members must have adequate time to produce an accurate estimate of the time and costs associated with the proposed revisions under the Paperwork Reduction Act. Compiling these estimates is a major effort in Indian County, especially for smaller Tribal Nations, who may not have the expendable resources of larger financial institutions. Further, pursuant to the Unfunded Mandates Reform Act, it is unjust to expect Tribal Nations with smaller gaming operations to compile such vast amounts of information in a brief period of time. In order to allow all Tribal Nations to meaningfully participate in the Tribal Consultation process, FinCEN must consider extending the comment submission deadline to November 30th. We sincerely appreciate the opportunity to provide our feedback during the processes of drafting and revising regulations, especially those which have the power to impact Tribal gaming facilities and the economic standing of Tribal Nations more broadly. We particularly look forward to the opportunity to participate in the Tribal Consultations scheduled to take place on September 13, 2024, and to submit our formal comments by the agency’s final deadline. In the meantime, if you have any questions regarding the content of this letter, please contact Danielle Her Many Horses at dhermanyhorses@indiangaming.org.
Sincerely,
_______________________________________
_____9/3/2024_____
Ernie Stevens, Jr.
Date
Chairman, Indian Gaming Association
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