2) removing the NIGC’s discretion under § 585.5(a) to consider any other types of motions offered by an appealing party; and 3) creating a new section at § 585.8 establishing a process for pursuing a settlement in an appeal on written submissions to the NIGC. The settlement process would allow parties to jointly move to stay an appellate proceeding for a reasonable time to enable the negotiation of a settlement or another agreement that would dispose of the whole or any part of the proceeding. The process would require that a settlement include mandatory provisions waiving further proceedings before the NIGC regarding the specific matter that was settled under the agreement and that the settlement would constitute a dismissal of the appeal and a final agency action. NIGC Fee Calculations On September 6, 2022, the NIGC published a final rule amending its regulations in 25 C.F.R. § 515.4 governing the calculation of annual fees owed by a gaming operation to the NIGC. The final rule excludes amounts wagered as promotional credits from the “total amount of money wagered” when calculating the annual fees owed to the NIGC. This rule was initially proposed on December 2, 2021. The NIGC received some comments opposing the initial proposal, which it took into consideration when amending the proposal into the final rule. This final rule went into effect on October 6, 2022. Gaming Ordinance and Amendment Submission Requirements On September 21, 2022, the NIGC published a final rule amending the NIGC’s regulations controlling the submission and approval requirements for Tribal gaming ordinances and resolutions and amendments thereof. This rule was initially proposed on December 9, 2021, with the comment period initially ending on January 10, 2022, and subsequently being re-opened until June 23, 2022. Specifically, this proposed rule amends the NIGC’s regulations at 25 C.F.R. Part 522 in several ways. These amendments include: 1) authorizing the submission of documents in electronic or physical form; 2) clarifying that the submission requirements apply to amendments of ordinances or resolutions; 3) eliminating the requirement that a Tribal government provide copies of all gaming regulations with the submission of a gaming ordinance or resolution and amendments thereof unless the copies are requested; 4) clarifying that the 90-day deadline for the NIGC Chair’s ruling begins upon receipt of a complete submission; and 5) eliminating the regulatory requirement that the Chair publish a Tribe’s entire gaming ordinance or amendment in the Federal Register upon the Chair’s approval and instead establishing that a notice of the approval is sufficient. This final rule went into effect on October 21, 2022. Audit Standards On September 21, 2022, the NIGC published a final rule amending the NIGC’s regulations concerning its audit standards at 25 C.F.R. Part 571. This rule was originally proposed on June 1, 2022, with the 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
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