NIGC Regulatory Updates Since the completion of the NIGC’s Series A, B, and C Tribal consultations held between July 12, 2021, and February 11, 2022, several final rules have been published in the Federal Register that amend regulations governing various aspects of tribal gaming. Further, two proposed rules have been published in the Federal Register that, if formally promulgated, would amend additional regulations governing various aspects of tribal gaming. Facility License Notification Submission Requirements On July 25, 2022, the NIGC published a final rule amending 25 C.F.R. § 559.2(b) to eliminate the requirement to include certain information about a gaming facility when submitting a Facility License Notification to the NIGC Chair. Specifically, the final rule changes the requirement so that the name and address of the proposed gaming facility be included only if known when the facility license notification is submitted to the NIGC Chair. This final rule was initially proposed on December 1, 2021, with an initial comment period that ended on January 3, 2022, which was subsequently re-opened until June 23, 2022. This final rule became effective on August 24, 2022. Background Investigations and Gaming Licenses for Primary Management Officials and Key Employees On August 15, 2023, the NIGC published a final rule that would amends the NIGC’s regulations governing background investigations and the issuance of gaming licenses to Primary Management Officials (“PMOs”) and Key Employees (“KEs”) in 25 C.F.R. Parts 502, 556, and 558. The original proposed rule was published on August 10, 2022 but the NIGC published a revised rule on April 23, 2023 in response to comments received. The final rule became effective September 14, 2023 Specifically, this proposed rule, if promulgated, would amend the NIGC’s regulations by: 1) amending the definition of a KE in § 502.14 to include any person authorized by the gaming operation for unescorted access to restricted areas as so designated by the Tribal Gaming Regulatory Authority; 2) updating the definition of a KE so that it no longer automatically includes individuals whose total cash compensation is over $50,000 per year and allow Tribal governments to designate other employees of a gaming enterprise as a KE so long as that designation is included in the Tribe’s gaming ordinance; 3) specifying that the definition of a PMO in § 502.19 applies to those with management authority over some facet of a gaming operation or enterprise, including the gaming operation’s general manager and its chief financial officer; 4) adding definitions for the terms “Gaming Enterprise” and “Tribal Gaming Regulatory Authority”; 5) clarifying in Part 556 that all KEs and PMOs of the gaming enterprise must be subject to a background investigation; and 6) amending Part 558 to require Tribal governments to notify the NIGC if it revokes a gaming license of a KE or PMO, as well as to forward copies of the license revocation decision and a summary of the evidence it used to the NIGC. The final rule also clarifies that ordinances already in effect prior to the rule’s effective date of September 14, 2023 would not need to be amended to be consistent with the changes proposed to Part 556 or Part 558 but that all future ordinance submissions would have to comply. Appeals to the Commission On December 12, 2022, the NIGC published a final rule that amends its regulations governing appeals made to the NIGC. The proposed rule was published on August 10, 2022 and comments to this proposed rule were due September 9, 2022. This final rule amends the NIGC’s regulations at 25 C.F.R. Part 585 by: 1) amending § 585.5(a) to only allow motions for extension of time, motions to supplement the record, motions to intervene, and motions for reconsideration in the context of appeals to the NIGC;
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