comment period initially open until July 1, 2022, before it was extended to August 1, 2022. Specifically, this final rule amends NIGC regulations at 25 C.F.R. Part 571 by: 1) eliminating the Commission’s waiver requirement and allowing all gaming operations grossing less than $2 million the prior fiscal year to submit financial statements for review in lieu of an audit, so long as the gaming operation’s regulatory agency permits such a disclosure; 2) creating a new financial reporting tier for charitable gaming operations with annual gross revenues of $50,000 or less and establishing financial reporting regulations for such operations where, if permitted by a Tribal government, a charitable gaming operation can submit financial information monthly to the Tribal government or TGRA, and the TGRA will provide an annual certification to the NIGC regarding the operation’s compliant with financial reporting requirements; and 3) adding a provision clarifying that the submission of an adverse opinion does not satisfy the regulation’s reporting requirements. This final rule became effective on October 21, 2022. Self-Regulation of Class II Gaming On October 18, 2022, the NIGC published a final rule amending the NIGC’s regulations concerning Tribal governments’ self-regulation of Class II gaming. This rule was initially proposed on April 7, 2022. The comment period was extended to June 23, 2022. The final rule amends the NIGC’s regulations at 25 C.F.R. Part 518 by: 1) clarifying the NIGC may make a final decision on issuing a certification of self-regulation within thirty (30) days rather than after thirty (30) days; 2) removing the requirement that the director of the Office of Self-Regulation (“OSR”) must be an NIGC Commissioner; 3) specifying that the OSR is the correct party to receive notifications of material changes from self- regulated Tribal governments; 4) extending the deadline for Tribal governments to report material changes to the OSR from three (3) business days to ten (10) business days; 5) designating OSR as the proponent of any case to revoke a certificate of self-regulation before the NIGC; and 6) specifying that the OSR bears the burden to show just cause for a revocation based on the preponderance of the evidence in any certificate revocation hearing before the NIGC. This final rule will go into effect on November 18, 2022. Background Investigations for Persons and Entities with a Financial Interest in or having a Management Responsibility for a Management Contract. On November 14, 2022, the NIGC published a final rule revising its procedures for processing a request for the approval of a management contract under 25 C.F.R. § 537.1. This rule was initially proposed on December 2, 2021, and had an additional comment period ending January 3, 2022, which was then re- opened until June 23, 2022. The final rule requires background investigations of all persons who have 10 percent or more direct or indirect financial interest in a management contract, all entities with 10 percent or more financial interest in a management contract, and of all persons or entities with a direct or indirect financial interest in a management contract otherwise designated by the NIGC. This final rule also authorizes the NIGC Chair, upon request or in his or her discretion, to reduce the scope of information to be furnished and background investigation to be conducted for certain entities with a direct or indirect financial interest in a management
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