COVID-19 Frequently Asked Questions 

Updated January 25, 2022 * Please note that updated portions of this FAQ are in Purple.

The NIGC Division of Compliance, in consultation with the NIGC Safety and Occupational Health 

Manager and the Office of General Counsel, maintains this frequently asked questions list. As we enter 

the new year of 2022, the pandemic continues to affect our industry and communities in a variety of ways. 

The NIGC wishes to reaffirm its commitment to collaboration and wants to reemphasize the tools and 

guidance that have been previously offered throughout the pandemic.

The NIGC continues to work collaboratively with Tribes and health experts at the Centers for Disease 

Control and the Indian Health Services to provide updates and new information to Tribes in a timely 

manner. As a reminder, the NIGC has published a variety of documents including Facility Closure and 

Reopening checklists, a model Infectious Disease Response Plan, lists of frequently asked questions, and 

various memorandums including a Tribal Cybersecurity Readiness document. All of these resources and 

more are located on our website at: https://www.nigc.gov/commission

As a reminder, previous mitigation measures such as mask wearing, social distancing, hand washing with 

soap and water, and vaccination are the most effective measures to limit the spread of COVID-19. As 

indicated below, some of the CDC recommendations on vaccinations, quarantining and isolating have 

changed. The most recent updates on vaccinations and booster shots are available here: 

https://www.cdc.gov/coronavirus/2019-ncov/vaccines/stay-up-todate.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-

ncov%2Fvaccines%2Ffully-vaccinated-guidance.html.

Due to new data associated with the recent increase of COVID-19 and the Omicron variant, the CDC has 

updated its recommendations regarding isolating and quarantining for individuals who may have been 

exposed to or infected with the virus. The CDC offers the guidance listed below:

What is the difference between Isolation and Quarantine?

Isolation: Separates sick people with a contagious disease from people who are not sick. Regardless of 

your vaccination status isolate when you have been infected with the virus or other symptoms of COVID19. When isolating:

• Stay home for 5 days from the onset of symptoms. If you have no symptoms or your symptoms 

are resolving after 5 days, you can leave your house.

• Continue to wear a mask around others for 5 additional days.

• If you have a fever, continue to stay home until your fever resolves.

• If an individual has access to a test and wants to test, the best approach is to use an antigen test 

towards the end of the 5-day isolation period. Collect the test sample only if you are fever-free for 

24 hours without the use of fever-reducing medication and your other symptoms have improved 

(loss of taste and smell may persist for weeks or months after recovery and need not delay the end 

of isolation). If your test result is positive, you should continue to isolate until day 10. If your test 
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result is negative, you can end isolation, but continue to wear a well-fitting mask around others at 

home and in public until day 10.1

Monitor your symptoms. If you have emergency warning signs including trouble breathing seek 

emergency medical care immediately. Stay in a separate room from other household members, if 

possible. Use a separate bathroom, if possible. Avoid contact with other members of the household 

and pets. Don’t share personal household items like cups, towels and utensils. Wear a mask around 

other people, if able.

Quarantine: Separates and restricts the movement of people who were exposed to a contagious disease to 

see if they become sick. These people may have been exposed to a disease and do not know it, or they 

may have the disease but do not show symptoms. If you were exposed to someone with COVID-19 and 

have been boosted OR completed the primary series of Pfizer or Moderna vaccine within the last 6 

months OR completed the primary series of J&J vaccine within the last 2 months do the following after 

the exposure:

• Wear a mask around others for 10 days after exposure.

• Take a test on day 5, if possible.

• If you develop symptoms get a test and stay home.

If you develop symptoms and: Have completed the primary series of Pfizer or Moderna vaccine over 6 

months ago and are not boosted OR completed the primary series of J&J over 2 months ago and are not 

boosted OR are unvaccinated do the following from the onset of symptoms:

• Stay home for 5 days from start of symptoms. After that continue to wear a mask around 

others for 5 additional days.

• If you can’t quarantine you must wear a mask for 10 days.

• Test on day 5, if possible.

• If you develop symptoms take a test and stay home

For additional assistance in determining whether you should isolate or quarantine the CDC offers the 

following short video: https://youtu.be/l3s75_X8Xjs .

For assistance in calculating the period you should quarantine or isolate the Oklahoma Department of 

Public Health offers a calculator found here: https://oklahoma.gov/covid19/what-you-shouldknow/isolation-and-quarantine-guidance.html .

Additional Guidance on the Use of Face Masks 

Originally issued September 16, 2020

To reduce the spread of COVID-19, the CDC recommends that people wear masks in public settings 

when around people outside of their household, especially when other social distancing measures are 

difficult to maintain. 

The use of masks to control the spread of COVID-19:

Anyone visiting or working in a tribal gaming operation is encouraged to wear a mask. 

Gaming operations should: 

 1 https://www.cdc.gov/coronavirus/2019-ncov/your-health/quarantine-isolation.html
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• Recommend and reinforce the use of masks among staff and customers. 

• Frequently remind individuals not to touch the mask and to wash their hands frequently. 

• Provide information to staff and customers on proper use, removal, and washing of masks. The 

CDC guidance on how to select, wear, and clean your mask can be found here:

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-to-wash-cloth-facecoverings.html

Evidence for Effectiveness of Masks

On January 14, 2022, the CDC issued new updated guidance on the Types of Masks and Respirators (also 

called N-95 and KN-95) to use. Masks are made to contain droplets and particles you breathe, cough, or 

sneeze out. If they fit closely to the face, they can also provide you some protection from particles spread 

by others, including the virus that causes COVID-19.

Respirators are made to protect you by filtering the air and fitting closely on the face to filter out particles, 

including the virus that causes COVID-19. They can also contain droplets and particles you breathe, 

cough, or sneeze out so you do not spread them to others.

• Masking is a critical public health tool for preventing spread of COVID-19, and it is important to 

remember that any mask is better than no mask.

• To protect yourself and others from COVID-19, CDC continues to recommend that you wear the 

most protective mask you can that fits well and that you will wear consistently.

• Masks and respirators are effective at reducing transmission of SARS-CoV-2, the virus that 

causes COVID-19, when worn consistently and correctly.

• Some masks and respirators offer higher levels of protection than others, and some may be harder 

to tolerate or wear consistently than others. It is most important to wear a well-fitted mask or 

respirator correctly that is comfortable for you and that provides good protection.

• While all masks and respirators provide some level of protection, properly fitted respirators 

provide the highest level of protection. Wearing a highly protective mask or respirator may be 

most important for certain higher risk situations, or by some people at increased risk for severe 

disease.

• CDC’s mask recommendations provide information that people can use to improve how well 

their masks protect them.

• Please see the CDC’s website link for recommendations about choosing a mask or respirator for 

different situations: Types of Masks and Respirators | CDC

On November 10, 2020, the CDC issued new guidance on the use of cloth masks to control the spread of 

SARS-CoV-2. Previous guidance indicated that cloth masks were primarily effective as a source control 

mechanism. However, new data examined by the CDC has found that cloth masks can reduce the wearers' 

exposure to infectious droplets through filtration, including filtrations of fine droplets and particles less 

than 10 microns. The CDC guidance indicates that the effectiveness of the masks varied by design and 

composition of materials. It found that:

"Multiple layers of cloth with higher thread counts have demonstrated superior performance 

compared to single layers of cloth with lower thread counts, in some cases filtering nearly 50% of 

fine particles less than 1 micron. Some materials (e.g., polypropylene) may enhance filtering 

effectiveness by generating triboelectric charge (a form of static electricity) that enhances 

capture of charged particles while others (e.g., silk) may help repel moist droplets and reduce 

fabric wetting and thus maintain breathability and comfort. " The CDC also indicates that 
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"Adopting universal masking policies can help avert future lockdowns, especially if combined 

with other non-pharmaceutical interventions such as social distancing, hand hygiene, and 

adequate ventilation."

Previous guidance from the CDC recommending the use of masks as a source control measure to help 

prevent respiratory droplets from traveling into the air and onto other people when the person wearing the 

mask coughs, sneezes, talks, or raises their voice is still an important mitigation measure and remains 

unchanged. Keep in mind that these recommendations are based on what is currently known about the 

role respiratory droplets play in the spread of the virus that causes COVID-19, and are paired with 

emerging evidence from clinical and laboratory studies that show masks reduce the spray of droplets 

when worn over the nose and mouth. COVID-19 spreads mainly among people who are in close contact 

with one another (within about 6 feet), so the use of masks is particularly important in settings where 

people are close to each other or where social distancing is difficult to maintain.

Why it is important to wear a mask 

Masks may help prevent people who have COVID-19 from spreading the virus to others. Wearing a mask 

will help protect people around you, including those at higher risk of severe illness from COVID-19 and 

workers who frequently come into close contact with other people. Masks are most likely to reduce the 

spread of COVID-19 when they are widely used by people in public settings. The spread of COVID-19 

can be reduced when masks are used along with other preventive measures, including social distancing, 

frequent handwashing, and cleaning and sanitizing frequently touched surfaces. The term “mask,” as used 

in this document, does not mean surgical masks or respirators. Currently, those critical supplies should be 

reserved for healthcare workers and other first responders. Masks are not personal protective equipment 

(PPE). They are not appropriate substitutes for PPE such as respirators (like N95 respirators) or medical 

facemasks (like surgical masks) in workplaces where respirators or facemasks are recommended or 

required to protect the wearer. (https://www.osha.gov/SLTC/covid-19/covid-19-faq.html)

Masks with Exhalation Valves or Vents, Face Shields and Surgical Masks

According to the CDC, the following information is available: Masks with Exhalation Valves or Vents. 

The purpose of a mask is to keep respiratory droplets from reaching others and to aid with source control. 

However, masks with one-way valves or vents allow air to be exhaled through a hole in the material, 

which can result in expelled respiratory droplets that can reach others. This type of mask does not prevent 

the person wearing the mask from transmitting COVID-19 to others. Therefore, CDC does not 

recommend using masks for source control if they have an exhalation valve or vent. Face Shields. A face 

shield is primarily used for eye protection for the person wearing it. At this time, it is not known what 

level of protection a face shield provides to people nearby from the spray of respiratory droplets from the 

wearer. There is currently not enough evidence to support the effectiveness of face shields for source 

control. Therefore, CDC does not currently recommend use of face shields as a substitute for masks. 

Surgical Masks. The term mask as used in this document does not mean surgical masks or respirators. 

Currently, those are critical supplies that should continue to be reserved for healthcare workers and other 

medical first responders, as recommended by current CDC guidance. Masks also are not appropriate 

substitutes for surgical masks or respirators in workplaces where surgical masks or respirators are 

recommended or required and available. 
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Key Points 

• CDC recommends that people wear masks in public settings and when around people that don’t 

live in your household, especially when other social distancing measures are difficult to maintain. 

• Masks may help prevent people who have COVID-19 from spreading the virus to others. 

• Masks are most likely to reduce the spread of COVID-19 when they are widely used by people in 

public settings. 

• Masks should NOT be worn by children under the age of 2 or anyone who has trouble breathing, 

is unconscious, incapacitated, or otherwise unable to remove the mask without assistance.

• Masks with exhalation valves or vents should NOT be worn to help prevent the person wearing 

the mask from spreading COVID-19 to others (source control). 

For more information about masks provided by the CDC please visit:

https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/about-face-coverings.html

For more information on tribal resources offered by the CDC, please visit: 

https://www.cdc.gov/coronavirus/2019-ncov/community/tribal/index.html

Additionally, the CDC continues to update guidance regarding when to quarantine and recently published 

guidance providing options to reduce quarantine. For more information on quarantine please visit 

https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/quarantine.html

FAQ Updates for December 15, 2020

As rates of infection continue to rise across the country, the NIGC encourages all TGRAs to remain in 

close communication with their NIGC Region Office and to work with local, state, and federal health 

officials to evaluate localized risks and remain up to date on current trends, data, and any new guidance 

that may be issued. As the cases of COVID-19 continue to rise, it is important the TGRAs and gaming 

operations remain vigilant about maintaining their regulatory and operational capabilities and staffing 

requirements. 

Recently, the CDC has updated its guidance on the definition of a close contact. This may result in the 

isolation of more employees as operations conduct more internal contact tracing. The new guidance 

defines a close contact as:

"Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or 

more over a 24-hour period* starting from 2 days before illness onset (or, for asymptomatic 

patients, 2 days prior to test specimen collection) until the time the patient is isolated."

The largest change is with the addition of the word cumulative, meaning that the contact could happen 

over a 24-hour period instead of a straight 15-minute time period. The NIGC encourages Tribal Gaming 

Operations and TGRAs to keep their infectious disease response policies consistent with updated 

guidance from the health authorities such as the CDC and IHS. Both federal agencies have indicated their 

willingness to assist Tribes with policies and evaluations upon request. 

The NIGC also wishes to remind TGRAs and gaming operations to pay particular attention to the FAQ 

questions below that deal with staffing related issues on both the regulatory and operations side of a 

gaming operation, facility closure guidance, as well as reopening guidance. To view “Dear Tribal Leader” 

letters and other information pertaining to COVID-19, please visit our website at: www.nigc.gov.
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General

1. Question: How many tribally licensed gaming facilities have temporarily closed in response to

COVID-19?

Answer: In 2020, 526 tribal gaming facilities suspended operations. Every closure decision was 

based on local-level tribal assessments. The NIGC continues to support local government 

coordination and promotes the resources and guidance available at www.CDC.gov. Since the 

last update in August 2021, tribal operations have reopened and reclosed, again, based entirely 

on local-level tribal assessments.

Remaining Open

2. Question: What are the staffing concerns for TGRAs and gaming operations should they 

choose to remain open?

Answer: The TGRA should continually assess critical positions such as surveillance, security, 

gaming inspectors, and compliance officers to ensure regulatory duties are being upheld. 

Should the casino remain operational, both the casino and TGRA must ensure enough staffing 

to remain compliant with NIGC MICS, TICS, SICS, Compacts and other applicable regulatory 

requirements. A review of critical positions should be made to determine adequate coverage of 

the gaming operation. Consideration should be made for positions in surveillance, security, 

cage, count and drop, and various management positions needed for signature and approval 

authority to ensure internal control. 

3. Question: What is the NIGC’s recommendation for when the COVID-19 virus creates staffing

issues for the TGRA and reduces its ability to fulfill the TGRA’S regulatory responsibilities 

under IGRA and the Tribe’s Gaming Regulatory Act?

Answer: If a TGRA believes that it cannot fulfill its regulatory responsibilities or attest to its

ability to ensure the public health and safety of employees and patrons or if application of tribal

laws warrants, the TGRA must consider suspending gaming operations.

Pre-Closing

4. Question: What are the notification requirements for closing a facility? 

Answer: The NIGC encourages tribes to self-report temporary closures to the NIGC as soon as 

possible. Under 25 C.F.R. Part 559, notice of a closure should be submitted to NIGC within 30 

days of closing if the tribe anticipates being closed for more than 180 days. However, the NIGC 

is asking that TGRAs report closures within 72 hours for tracking purposes along with the date 

the tribe anticipates reopening. NIGC asks that the TGRA keep in contact with NIGC through 

their Region Office and inform them of any changes with the plan to reopen. 

5. Question: What does the NIGC do if it learns that there are plans to close a tribally licensed 

gaming facility? 

Answer: As tribal law makers, tribal gaming regulatory bodies, and/or gaming operators decide 

to temporarily close a licensed facility based on their local on-the-ground assessments, the 
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NIGC Region Offices will continue to have a presence. As referenced in the March 16, 2020 

Dear Tribal Leader letter, NIGC Region Directors received a two-step protocol from the NIGC 

Chief Compliance Officer. The protocol will help the NIGC maintain an appropriate presence 

and facilitate support for a tribal community based on local circumstances. 

6. Question: What should a TGRA consider when securing and adequately protecting casino 

assets if it becomes necessary to evacuate a casino with little forewarning and very little time to 

secure casino assets, such as monetary instruments and gaming instruments? 

Answer: The TGRA, in coordination with casino management, should prepare for situations 

that would require expedited evacuation of the gaming facility. Plans should include 

transferring monetary instruments to the vault for security reasons. The Minimum Internal 

Control Standards found in NIGC regulations 25 C.F.R. Section 543.18(c)(4) require the count 

of the cage and vault inventories by at least two employees with signatures attesting to the 

counts. Should the gaming operation close, this standard would be effective at the time of 

closure.

Upon reopening, the cage and vault inventories would then be recounted and verified against the 

previous closing balances, with special emphasis and investigations placed on any variances

between the two counts. The tribe and casino should consider transferring the cage and vault

cash inventories to their financial institution as that would be considered the most secure

option.

Example: The evacuation of guests from the casino floor, hotel or other facilities. 

Answer: The TGRA in coordination with gaming operations have an approved employee list 

and should plan for a calm and orderly evacuation ensuring all workspaces, hotel rooms, 

restrooms are secured so that only approved personnel remain.

7. Question: What guidelines can the NIGC provide in the case of mandatory partial evacuations 

within the casino, but not a facility-wide closure, such as the following: 

Example: The evacuation and sterilization of the casino surveillance room. 

Answer: Surveillance functions are critical to regulation and monitoring of assets. If the 

TGRA or gaming operation cannot properly regulate and monitor assets, the TGRA and/or 

gaming operation should consider what steps would best remedy the threat to assets, up to and 

including closure. 

Example: The evacuation and sterilization of the casino cash cage, soft count, slot tech 

department, or other mission critical departments. 

Answer: The TGRA in coordination with the gaming operation should evaluate the adequacy 

of regulating, monitoring, or securing assets. Should there be threats that compromise the 

proper security and monitoring of assets, the TGRA should consider if it is appropriate to issue 

a temporary closure order

Additional guidance on how to clean and disinfect an area can be found under Cleaning & 

Sanitizing at: https://www.cdc.gov/coronavirus/2019-

ncov/community/organizations/business-employers/casinos-gaming-operations.html
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8. Question: Can gaming operations refuse service or entry to patrons? 

Answer: The TGRA should consult with its legal counsel to identify specific ordinances, 

codes, regulations and other authoritative documents (such as a tribe’s declarations of 

emergency, executive orders or resolutions) that explain any limits on the tribe’s authority to 

determine who enters and remains on its Indian lands. 

9. Question: What are some important considerations when clearing the casino floor? 

Answer: The TGRA should coordinate with the gaming operation’s management when 

removing all patrons and unauthorized employees from the facility. Developing a matrix or 

authorized access listing to the facility during the closure is recommended. Coordinate with IT 

for possible disabling of non-essential’s logical access during closure. Procedures should be in 

place for monitoring VPN/remote access for vendors and authorized employees. Consider 

disabling all machines from play during the closure. Prior to disabling, a snap shot of all meters 

and in-house progressives should be obtained and provided to TGRA and accounting. Consider 

performing emergency drop procedures and ensure all funds are properly secure (e.g. vault). All 

monetary instruments should be properly secured and may be best secured by transferring to the 

vault. The tribe and casino may consider transferring the cage and vault cash inventories to 

their financial institution as that would be considered the most secure option. Casino 

management may want to consult with vendors with whom they have lease participation 

agreements. Consider that potential issues regarding adjustments to participation fees may 

arise. Casino operations should consider doing periodic walkthroughs of all casino floor areas 

including restrooms to ensure no unauthorized persons are left behind. 

During Closure 

10. Question: What Information Technology (IT) concerns should a TGRA consider during a 

temporary closure? 

Answer: The TGRA in coordination with the gaming operation should ensure that NIGC MICS 

along with TICS and SICS are followed as a tribe closes its gaming operation. This would 

include but not be limited to, having back-ups in place with frequent saving of information and 

testing to ensure back-up systems are functioning properly. In terms of logical access, TGRAs 

should follow TICS and SICS surrounding access levels and who is required to have access. 

This requires TGRAs to review access lists and logs that will assist in terminating any nonessential access. VPN access should also follow MICS, TICS and SICS guidelines, however 

reviewing those licenses that will require essential access should occur. If there is a need for 

temporary VPN access, when operations are restored remove all temporary access. Avoid using 

any "bring your own device" (BYOD) if possible, however if BYOD cannot be avoided have 

those devices vetted to diminish any risks for the operations. Lastly, consideration may be 

appropriate for adding an additional IT Administrative access-user to the IT remote user access 

group for redundancy. The TGRA should consider requesting and reviewing user-access logs, 

network security logs and remote vendor access. User-Access logs indicate who is logging in 

and out of the organizational network and domain. Network security logs help identify 

penetration attempts including any unauthorized access into the network. It is recommended 

that remote vendor access should be logically locked out and deactivated while gaming systems 

and machines are not in use. Most of these activity records can be found in any work order/job 

order as a record of which vendors may have retained network access. TGRAs should consider 

reviewing and monitoring accounting systems and back of the house system access logs and 
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reports for changes in financial data or player account activity (e.g. manual point adjustments) 

while the casino was closed. 

11. Question: What are some important surveillance considerations during a closure? 

Answer: The TGRA and gaming operation management should ensure cameras are positioned 

to monitor and record all sensitive areas including cash, cash equivalents, gaming supplies, 

exits and entrances. Also, the TGRA and gaming operation management should ensure 

surveillance systems’ recordings are being backed-up and tested to be certain systems are 

working properly. Surveillance functions are critical to regulating and monitoring of assets. If 

the TGRA or gaming operation believes that it cannot properly regulate gaming operations and 

monitor assets, the TGRA and/or gaming operation should consider how best to remedy the 

threat by taking additional steps during the closure.

12. Question: What level of tribal gaming commission and casino oversight is required by the 

NIGC for suspended casino operations? At what point does the Gaming Commission fall below 

required regulatory minimums, and what is the NIGC’s guidance when circumstances related to 

the COVID-19 pandemic cause the TGRA personnel and resources to drop below minimums? 

Answer: NIGC MICS do not require specific staffing levels while gaming operations are 

suspended. However, the TGRA and casino management should review TICS and SICS and 

make appropriate adjustments while gaming operations are suspended. It is recommended that 

surveillance and security oversight be maintained to monitor assets. TGRAs should evaluate 

any ongoing investigations, compliance reviews, audits, patron disputes, etc. and determine 

what matters and tasks can continue to be pursued and performed during the closure. If a 

TGRA believes that it cannot attest that the facility can be reopened and operated in a manner 

that protects the public health and safety of employees and patrons, or if application of tribal 

laws warrants, the TGRA must consider how to best take mitigation steps that will remedy the 

threat to public health and safety up to and including continued closure.

13. Question: What are NIGC’s suggested guidelines when the TGRA office becomes inaccessible 

for an extended period of time due to COVID-19 contamination, or when a state of emergency 

is declared and travel restrictions are imposed in the region where the office is located, 

preventing access to stored CJIS information and licensing department equipment (scanners, 

fingerprint equipment, etc.)? 

Answer: Security for background investigation files and FBI CHRI should be maintained in 

accordance with the CJIS Security Policy and the TGRAs internal policies. See question #16.c 

for additional information regarding licensing and submissions. 

14. Question: Can the TGRA waive receipt of required periodic gaming and financial audit reports 

where gaming operations have been suspended? 

Answer: Yes. The TGRA and Casino should assess their TICS and SICS to determine what 

reporting requirements remain in effect during a temporary closure. NIGC encourages the 

TGRA to identify what reports are necessary during closure and suspend those that would only 

be required while open. In particular, it is likely appropriate to maintain reports related to 

surveillance equipment malfunction and security incident reports per tribal regulatory 

requirements even during a temporary closure. * Note: The TGRA waiver does not apply to 

NIGC required submissions. See question 16 for addition details on NIGC required 

submissions.
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15. Question: Can tribes use casino equipment, staff or property to meet or fulfill emergency needs 

during closure? 

Answer: Yes. Tribes, like other governments, can declare an emergency and direct that casino 

equipment, staff or property be used for emergency purposes to meet or fulfill its needs during 

the COVID-19 Pandemic crisis. The NIGC recommends that such an order clearly state that the 

tribe is repurposing the gaming facility and specify the stated emergency purpose(s). Prior to 

reopening the gaming facility, the TGRA must ensure the facility meets all EPHS standards for 

a gaming facility. See https://www.cdc.gov/coronavirus/2019-

ncov/community/reopenguidance.html for additional information on this topic. (July 15, 2020) 

NIGC Submissions and Deadlines

16. Question: Will the NIGC adjust deadlines or grant any extensions for required submissions 

such as fees, contracts, licensing, Audited Financial Statements and Agreed Upon Procedure 

reports? 

Answer: IGRA and NIGC regulations do not provide for extension to the statutory and 

regulatory deadlines. In instances where the tribe has provided written notice to the NIGC 

through their NIGC Region Office that its licensed gaming facility has closed, the NIGC 

Division of Compliance will remain in close communication with the TGRA if it is necessary 

to make recommendations for enforcement to the Chairman. This communication will help the 

Division of Compliance provide context in any recommendation in light of the Chairman’s 

March 20, 2020 memorandum. That memorandum modifies the Compliance Division’s 

enforcement focus. The Chairman has conveyed to the NIGC Division of Compliance that the 

Commission is considering its options for implementing easing measures for Indian gaming 

operations during this national mitigation effort. Please remain in close communication with the 

NIGC with regard to the below requirements in order to assist with the Commission’s 

assessment of any future measures.

a. Fees and Worksheets

i. As required by 25 C.F.R. § 514, Fees and Worksheets are due three (3) 

months, six (6) months, nine (9) months, and twelve (12) months of the end 

of the gaming operation's fiscal year. For example, if the operation’s fiscal 

year end is December 31, 2019, fees will be due on or before March 31, 

2020, June 30, 2020, September 30, 2020 and December 31, 2020. 

ii. According to 25 C.F.R. § 514.10, fees that are not submitted when due are 

considered late until they are 90 days past due, after which the NIGC 

considers the fees as not submitted, rather than late. 

iii. The Compliance Division will not recommend late fee assessments for 

payments made within 90 days of the regulatory deadline. 

iv. NIGC encourages tribes to submit payments using the on-line process at 

pay.gov. Learn more about pay.gov and other fee related information at 

https://www.nigc.gov/finance/Annual-fees. You can submit additional 

inquiries to: fee_questions@nigc.gov
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v. If the NIGC has not received a quarterly fee payment when due, the 

Compliance Division will contact the tribe/TGRA/operation(s) to confirm 

payment status and to ensure the tribe’s anticipated payment date (July 15, 

2020). 

b. Fingerprint Fee Statements 

i. As required by 25 C.F.R. § 514, the current fingerprint card bill rate is 

$35.00, billed monthly and due within forty-five (45) days of the date of the 

bill. 

ii. ii. Payment made after reopening or staff returning to work but no later than 

30 days from the date of the missed fingerprint fee statement due date will 

not be scrutinized. You can submit additional inquiries to: 

fingerprint_billing@nigc.gov

c. Licensing Submissions: 

i. Currently there are three required key employee and primary management 

official licensing requirements under 25 C.F.R. Parts 556 and 558. Under 25 

C.F.R. Part 556.6 a Notice of Results (NOR) is due to the NIGC region 

office within sixty (60) days after an applicant begins work. Additionally, as 

required by 25 C.F.R. Part 558.3, a notice of license issuance is due to the 

NIGC region office within thirty (30) days of the tribe’s issuance of a 

permanent license. Also, under 25 C.F.R. Part 558.3, if a tribe does not 

license the applicant, the tribe shall submit a notice of no license issued, its 

eligibility determination and NOR to the NIGC. There is no a deadline for 

this submission. 

ii. TGRA’s are encouraged to submit any outstanding NORs to the NIGC 

within 60 days of reopening or the applicant returning to work. At this time, 

the Notice of license can still be issued within 30 days of issuance on all 

NORs that were submitted late due to TGRA office closure. If Notice of 

License submissions were not completed for employees who were issued a 

permanent license before closure, those submissions must be made within 30 

days of reopening. We request that Not Licensed by Tribe submissions are 

made within 30 days of reopening, however there is not a specific deadline

for this particular submission. NIGC Compliance Officers’ scrutiny of 

submission dates will account for any extended closure period. 

iii. Licensing submissions can be safely submitted electronically through our 

encrypted email/drop box option using KiteWorks. Please contact your 

NIGC Regional Office for additional information about accessing and using 

KiteWorks for these and other confidential submissions.
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d. Facility Licenses: 

i. As required by 25 C.F.R. Part 559, a tribe must notify the Chair that it is 

considering issuing a facility license at least 120 days before opening any 

new gaming facility. Newly issued or renewed facility licenses must be 

submitted to the NIGC within 30 days of issuance. Finally, if a facility 

license is terminated, expires, or if the gaming facility closes for more than 

180 days or reopens after such closure, notification must be made to the 

NIGC within thirty (30) days of the event. 

ii. The NIGC will maintain the ability to accept electronic submission of all 

notices required under this requirement through 

facility_license_ephs@nigc.gov. The Compliance Division will actively 

assist TGRA’s on ensuring timely notices are made where possible and take 

into consideration where facility and tribal government closures otherwise 

prevented timely submissions. Should any actions taken by the TGRA or 

tribal government trigger the submission of any of the above notices, please 

notify your Region Office for further guidance. 

iii. If a facility license is scheduled to expire during the temporary closure 

period, NIGC recommends that the TGRA consider renewing the facility 

license. NIGC also recommends that the TGRA issue the EPHS attestation 

just before reopening to ensure all matters related to COVID-19 have been 

adequately addressed. 

e. Agreed Upon Procedures and Audited Financial Statements 

i. As detailed in 25 C.F.R. § 543.23(d)(1)-(2) the Tribe must engage a CPA to 

complete an Agreed Upon Procedures (AUP) Audit and report the findings to 

the NIGC within one hundred twenty (120) days of the gaming operation’s 

fiscal year end. Additionally, 25 C.F.R. § 571 requires each tribe to prepare 

an Audited Financial Statement which is also due within one hundred twenty 

(120) days of the gaming operation’s fiscal year end. 

ii. With regard to the reporting deadlines for audited financial statements and 

Agreed Upon Procedure reports for fiscal year end 2021, those operations 

that underwent a temporary closure during the reporting period or during the 

period the external audit was being conducted, the NIGC encourages 

submissions within 30 days of the audit and report original due dates. In 

those instances where there were not any temporary closures, submissions 

should be made by the original due date. 

iii. Please contact your NIGC regional office if you anticipate not meeting the 

120-day deadline for reporting. 

17. Question: What steps should be taken if the internal audit required under 25 C.F.R 543.23 

cannot be completed due to the COVID-19 pandemic? 

Answer: If it is determined that the internal audit required under 25 C.F.R. part543.23(c) 

cannot be completed in full, the NIGC recommends prioritizing the completion of critical or 

high-risk sections of the audit where fraud or theft is most likely to occur. For any agreed-upon 
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Revised January 25, 2022

13

procedures (AUP) findings internal audit may receive for lack of compliance with 25 C.F.R 

543.23(c), the NIGC encourages the party responding to the finding(s) to include details on 

why specific audits or testing was not completed. For example, this section was not completed 

due to the closure of the gaming operation during COVID-19 Pandemic. 

For tribes that outsource their internal audits, the Tribe, TGRA, audit committee, or other entity 

designated by the tribe should review the engagement letter. If the third party is unable to 

perform scheduled audits or meet timelines, the TGRA should contact the provider to identify 

what steps will be taken to adjust the audit plan. 

The NIGC MICS do not provide a method for easing minimum internal control standards. 

However, the NIGC Division of Compliance will remain in close communication with the 

TGRA as it adjusts its operations due to COVID-19. See NIGC FAQ question #16 for 

additional guidance on late submissions and notifications to NIGC Division of Compliance.

Impacts on NIGC Services

18. Question: What impact has the COVID-19 pandemic had on NIGC’s schedule of tribal casino 

inspections, audits, scheduled training, and visits? What is the mechanism for requesting 

rescheduling of such audits, inspections, training, and visits for casinos where gaming 

operations have been suspended and/or TGRA personnel have been reduced to essential staff 

only? 

Answer: The NIGC is maintaining a temporary suspension of non-mission critical travel for all 

NIGC staff. The NIGC remains operational and continues to uphold its regulatory 

responsibilities by monitoring and reviewing gaming operation activity remotely. Please 

contact your region office with any concerns you may have regarding timing of audits, site 

visits, and inspections. For additional information, please see question 19 for additional details.

19. Question: Are there any planned or anticipated suspension(s) of NIGC regional office 

operations, staff reductions, constraints on service delivery, or reductions or postponement of 

NIGC initiatives in the short term or long term? 

Answer: The NIGC is currently following all federal guidance and our staff is on maximum 

telework duty to continue agency essential duties. Region staff remain available via phone, 

video conference and email to provide technical assistance and will continue to process 

licensing submissions received. The NIGC is in the process of filling Compliance positions that 

became vacant during 2020 and 2021.

In addition, NIGC staff developed processes to conduct site visits and training in a remote 

capacity. The agency continues to offer CJIS LASO Training as well as CJIS Security 

Awareness Training through the www.cjisonline.com website. The NIGC will continue to 

offer trainings on virtual platforms. All of our virtual trainings are available for viewing online

at your convenience by visiting https://www.nigc.gov/compliance/recorded-training-sessionrequest-forms and registering for the courses that meet your needs. 

Virtual training opportunities provide a pathway for the Commission to uphold its initiatives to 

develop effective rural outreach to gaming establishments in rural areas, staying ahead of the 

technology curve, and supporting a strong workforce among our regulatory partners. Remote 

learning eases the financial burden of attending a training seminar, allows more individuals 

from the same office to attend, and additionally allows us to meet, learn and collaborate in a 
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Revised January 25, 2022

14

safe way during the pandemic. Please remember that our virtual platforms are not just for 

national training events, agency staff utilize them to provide Site Specific Training to tribes 

across the nation. 

The NIGC can and will conduct activities related to site visits, audits, training and investigatory 

activities through other means including telephone, email, document request and review, and 

other off-site methods. The NIGC shall conduct remote work until such time the remaining 

activities that require on-site observation and review can be undertaken. Please contact your 

Region Office for additional assistance (https://www.nigc.gov/compliance/regional-offices). 

You may also contact our training program at traininginfo@nigc.gov for any training requests.

Use of Net Gaming Revenue 

20. Question: Can a tribe amend its Revenue Allocation Plan (RAP) to start making per capita 

payments, change the amount of the payments or stop making per capita payments to reallocate 

funds to tribal operations during the COVID-19 pandemic? Does the NIGC need to be notified 

of the amendment? 

Answer: Tribes should discuss any RAP amendments with the Office of Indian Gaming (OIG) 

at the Department of the Interior.

21. Question: Can tribes issue gift cards or other types of cash payments of net gaming revenue to 

tribal members to assist in dealing with COVID-19? 

Answer: Direct distributions of net gaming revenue to individual tribal members outside the 

scope of a Revenue Allocation Plan are not permitted under IGRA. However, funding of tribal 

programs is a permissible use of net revenue. These programs can provide services and 

resources to tribal members. If a tribe wishes to make cash distributions, we recommend you 

reach out to the Office of Indian Gaming at the Department of the Interior to discuss options for 

creating or amending a Revenue Allocation Plan. Additional guidance regarding uses of net 

gaming revenue can be found in NIGC Bulletin 2005-1 at 

https://www.nigc.gov/compliance/detail/use-of-net-gaming-revenues-bulletin

Re-Opening Gaming Operations: 

22. Question: If a Tribal Government has issued a proclamation closing a gaming facility due to 

the COVID-19 outbreak, what must they do to reopen? 

Answer: The Tribal Government may need to issue another proclamation indicating that it 

believes it is now safe to resume casino operations. The NIGC also requests that prior to 

reopening, the TGRA notify the Region Office of its intent to reopen. Additionally, the TGRA 

should assess its ability to attest that the facility can be reopened and operated in a manner that 

protects the public health and safety of employees and patrons, or if application of tribal laws 

warrants. As was the NIGC’s recommendation regarding temporary closure decisions, the 

NIGC recommends for tribes to avail themselves of resources on www.CDC.gov and consider 

the value of coordination with local jurisdictions when assessing and planning. 

See https://www.cdc.gov/coronavirus/2019-ncov/community/reopen-guidance.html for 

additional information on this topic. (July 8, 2020) 
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Revised January 25, 2022

15

23. Question: What should the Tribe and TGRA consider before reopening a gaming operation 

previously closed due to COVID-19? 

Answer: The NIGC has posted reopening guidance and a NIGC COVID-19 Reopening 

Assessment on our website at www.nigc.gov. The reopening guidance covers IGRA and NIGC 

regulation requirements as well as best practices and suggestions based on our understanding of 

COVID-19 to help ensure that the gaming operation is reopened and operated in a way that 

protects the health and safety of employees and patrons. The NIGC COVID-19 Reopening 

Assessment lists EPHS considerations and internal control guidance for reopening.

24. Question: If a casino furloughs or lays off key employees or primary management officials will 

such employees have to be relicensed before resuming their duties at the operation? 

Answer: If an employee’s license has not expired or been revoked during the closure, there is 

no requirement under IGRA or NIGC regulations to relicense all returning employees 

previously licensed upon reopening the gaming operation. Tribes may consider extending 

expiration dates for gaming licenses due to the temporary closures.

25. Question: Can the TGRA suspend or waive required suitability background and licensing 

determinations of casino employees and vendors? 

Answer: No. 25 C.F.R. § 556 and 558 requires all Key Employees and Primary Management 

Officials to be licensed by the tribe within 90 days of beginning work. NIGC continues to 

receive fingerprints for FBI CHRI purposes, notice of results, and notice of licenses issued and 

will continue to issue no objection or objection letters. This would not prohibit tribes from 

extending expiration dates of Key Employees and Primary Management Officials licensed prior 

to the temporary closure. Tribes should refer to their gaming ordinances and internal control 

standards regarding vendor licensing requirements as the NIGC does have not have regulations 

for vendor licensing. 

Questions 26 – 37 (Added August 5, 2020) 

26. Question: Once a gaming operation has reopened, what is the expectation regarding NIGC fee 

payments? 

 Answer: With the exception of the second quarter fees due March 31, 2020, the NIGC expects 

all NIGC fees to be paid and worksheets (fee statements) to be submitted on time as prescribed

by IGRA and NIGC regulations. Operations that appear to be late or missing fee payments will 

be contacted by the NIGC Region Office to ensure payments have been submitted, are being 

prepared for submission or document why payments have not been submitted. The Compliance 

Division will then determine if late fee assessments and/or enforcement action will be 

recommended to the Chairman. 

27. Question: For background and licensing, what are some important safety considerations for 

fingerprint during the COVID-19 Pandemic?

 Answer: One of the first safety considerations is deciding whether there is an actual 

requirement to fingerprint the applicant. The NIGC wants to remind TGRAs that there is no 

NIGC requirement to fingerprint existing Key/PMO Gaming Licensees for renewals. TGRAs 

are highly encouraged to review their gaming ordinances and internal regulations and modify 
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Revised January 25, 2022

16

them as necessary to allow for a background investigative process, for renewals, that does not 

include fingerprinting.

Other considerations include:

A. 25 C.F.R § 558.1 allows for the issuance of a temporary license that is intended to 

expire within 90 days of issuance and exempts those employees from the fingerprint 

process. However, it should be noted that 25 C.F.R. § 558.3(c) prohibits the gaming 

operation from employing a key employee or primary management official who does 

not have a license after 90 days. TGRAs may wish to consult with operations and 

determine if employees may be needed on a temporary basis, keeping in mind the 

existing licensing requirements.

B. Given the current safety considerations and implementation of CJIS requirements it 

may be an excellent time to review job descriptions, salary information, and duties to

determine if the employee and position can be classified as Key or Primary 

Management Official and qualify for fingerprinting through the NIGC. As a technical 

assistance to Tribes, the NIGC has created a checklist to aid in this decision-making 

process. The checklist and other CJIS training materials can be found on the NIGC's 

website: https://www.nigc.gov/compliance/CJIS-Training-Materials

C. While social distancing has been one of the primary methods of mitigating the risk of

COVID-19 transmission, the NIGC recognizes social distancing may not be possible

during the fingerprint process. After examining recommendations from other sources

and existing mitigation practices, the NIGC has identified the following safety

precautions a TGRA may wish to consider during the fingerprinting process:

• Conduct fingerprints by appointment only and allow adequate time between

appointments to clean and sanitize the area.

• Have the applicant verify that they are symptom-free the day of the

appointment.

• Conduct temperature scans on arrival.

• Ensure that the applicant wears a face covering; lowering it briefly to verify

identity.

• Utilize a soft clear sheet, something similar to a shower curtain to create a

flexible barrier between the applicant and staff member during the fingerprint

process.

• Have proper personal protective equipment for your employees including

gloves, masks, and gowns as appropriate.

• Have applicants wash hands thoroughly with soap and water just prior to

fingerprinting. If a washbasin is unavailable ensure that hand sanitizer (60% 

alcohol +) is used just prior to the fingerprint process. It should be noted that

live scan devices often perform better when hands are moist, and that 

sanitizer can have a drying effect on the hands. It may be necessary to have a 

fresh basin of soapy water nearby to dip hands in after sanitization or have 

moistened paper towels in place for the applicant to place hands on to aid in 
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Revised January 25, 2022

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the process.

• After completing the session, ensure that all surfaces are cleaned and 

sanitized and that used protective equipment has been properly disposed of.

• Read and follow the manufacturer’s advice when cleaning and sanitizing

your live scan device.

• Consider conducting the fingerprints outside or in a separate well-ventilated

tent as it is believed that the virus may not spread as easily under those

conditions. 

28. Question: What are some safety considerations for Table and Card Games? 

Answer: The NIGC has received numerous requests for technical assistance in regard to how 

an operation can safely reopen the entire facility; including the Table Games Department. Table 

games are different than many other forms of gambling and provide operators with unique 

challenges to safety open as the threat of COVID-19 continues. Some of those challenges stem 

from the fact that, by nature and design, table/card games require close contact from at least 

two individuals and often times many more. An additional challenge is that traditional pit 

design includes various sizes and shapes of tables that are often grouped closely together. This 

makes the primary mitigation measure of social distancing quite challenging. Recently issued 

CDC guidance rates table games play into the two highest risk categories: "Even More Risk" 

and "Highest Risk" making table games a very important area for all mitigation measures. 

The NIGC has identified three (3) primary areas for policy consideration as operations seek to 

resume play of Table Games:(1) Social Distancing in the Pit Area, (2) Cleaning and 

Sanitization, and (3) Game Integrity.

A. Social Distancing: Social Distancing has proven to be one of the most effective ways 

to prevent the spread of many infectious diseases including COVID-19. While it may 

not be easy to play table games while social distancing some things to consider are:

• Reduce table occupancy;

• Restructure the pit to allow for greater distance between tables; 

• Install acrylic dividers between individual patrons and dealers; 

• Alternate player stations, i.e., Table 1 may have First base, Short Stop, and 

Third Base and Table 2 may have Position Two and Four or Three and Five; 

• Limit seating capacity to allow for social distancing. Limit the number of 

customers at gaming tables based on type of game to maintain at least 6 feet 

between customers;

o Limit seating by removing chairs to visually enforce maximum 

capacity at table games. 

o Provide visual cues on the floor for where chairs should be placed to 

ensure 6 feet of distance between customers and the dealer;

• Consider which games can have no touch "Face Up" cards; 

• Discourage eating and smoking at game tables; 

• Discourage customers from congregating around and behind table games; 
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• Recommend incoming dealers sanitize their hands before going to the table 

and announce their presence to the outgoing dealer (no tapping in).

B. Cleaning and Sanitization: Social Distancing may be difficult to accomplish for the 

Table Games Department. This makes the policy considerations for cleaning and 

sanitization all the more important. CDC guidance2 indicates that wearing cloth face 

coverings, using hand sanitizer (60% alcohol +), and washing hands (20 seconds + 

soap/water) are effective ways to help diminish the spread of the COVID-19 Virus. 

Some recommended mitigation techniques for consideration include:

• Ensure patrons and employees are wearing cloth face coverings properly;

• Support healthy hygiene behaviors by providing adequate supplies, including

soap and water, paper towels, tissues, no-touch (preferably covered) trash 

cans, cloth face coverings (as feasible), and hand sanitizer containing at least 

60% alcohol (placed adjacent to every card table or table game, if supplies 

allow);

• Have patrons use hand sanitizer that contains at least 60% alcohol prior to

beginning play and periodically thereafter;

• After patrons leave the table ensure that spot is cleaned and sanitized using

disinfectants from EPA’s List N: Disinfectants for Use Against SARS-CoV23

;

• Utilize UV lights (some UVC lights/lamps can cause severe burns of the skin 

and eye injuries/harmful and require extensive PPE for safe use) to 

periodically sanitize cards and cheques;

• Whenever possible, utilize a chip mucker to gather lost chips and sanitize 

prior to reuse;

• Utilize additional pit personnel to sanitize hard surfaces including table rail,

discard rack, drop box, balls, wheels, dice, sticks, automatic shufflers, Pai 

Gow tiles, toke boxes and other high touch surfaces as appropriate;

• Consider decreasing staff table time to allow for more frequent breaks 

allowing staff to wash their hands with soap and water;

• Use multiple decks of cards and alternate between them. Additionally, 

consider retiring decks with greater frequency;

• CDC guidance4 recommends that operations store cards and equipment for 

72 hours prior to reuse. If canceling cards or dice, operators or regulators 

should review existing policies to determine if revisions are needed to allow 

for 72-hour storage. If 72-hour holds are not possible, ensure staff 

examining/cancelling cards have proper Personal Protective Equipment;

• Increase sanitization of pit podiums and shared equipment.

C. Game Integrity: It is important to remember if the table games pit is restructured, 

surveillance cameras may need to be moved or adjusted to allow for adequate game 

protection. It is also important to note that many non-poker playing cards are more 

paper based than plastic. This means it may not be possible to effectively wash the 

cards without marking or destroying them. The NIGC encourages operations to 

 2 https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/business-employers/casinos-gamingoperations.html

3 https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19 4 https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/business-employers/casinos-gamingoperations.html
COVID-19 FAQ 

Revised January 25, 2022

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consider using special enclosed UVC lights designed to sanitize sensitive surfaces such 

as cards and cheques. 

Ask staff, such as dealers and other pit personnel, to wash and sanitize their hands with 

greater frequency, keeping in mind that moisture from hand sanitizer (60% alcohol +) 

or water can quickly warp and/or mark cards. The NIGC and CDC recommends that 

whenever possible employees wear appropriate Personal Protective Equipment. 

Operations will need to evaluate the use of gloves by table games dealers. While gloves 

may provide some protection, they may increase the difficulty in dealing the game. In 

addition, gloves can also make it more difficult to know if your hands become dirty or 

wet, thus inadvertently marking the cards for an observant patron. It is possible that 

marking compounds can be placed onto gloves purposely allowing certain players to 

gain an advantage. 

Table games officials may also wish to test how their particular cards react to hand 

sanitizers. Knowing in advance whether the sanitizer marks or alters the cards in some 

way may alert them to potential security issues in the future. 

29. Question: Are casinos implementing temperature checks for patrons and employees? 

 Answer: While some Tribal gaming operations have discontinued the practice of

performing temperature checks on all customers and employees, others have continued to 

use large-scale temperature checks as part of their mitigation procedures. As part of their 

analysis of local, on the ground conditions, many Tribes have approved varying levels of 

screening for customers and employees in accordance with applicable federal, state, tribal 

and confidentiality laws and regulations. Designated trained casino personnel monitor each 

entrance and may conduct touchless temperature checks or have signage containing 

temperature related health questions for guests to respond to prior to entry. The use of 

thermo-imaging technology has been adopted by some operations. Operations, after a 

careful evaluation of local risks, may implement required temperature checks at all entrances 

with ongoing monitoring of guests for indications that additional screening or temperature 

checks may be required after entry. For employee screening, designated trained casino 

personal have been conducting touchless temperature checks of employees prior to and 

during work hours and have employee self-monitoring policy requirements for temperature 

checks. For additional information on temperature screening, visit the CDC website at: 

https://www.cdc.gov/coronavirus/2019-ncov/community/general-business-faq.html

30. Question: Are Tribes utilizing waivers of liability or warning signs at facility entrances to 

inform guests of the risk and potential exposure to COVID 19?

 Answer: Some Tribes have reported the implementation of signage at the entrance to their 

gaming operations advising patrons they are entering the facility at their own risk and the 

casino will not be held liable should they become infected with the COVID 19 virus. TGRAs 

or gaming operations wishing to implement such waivers, should contact their legal counsel 

for advice on implementing such measures.

31. Question: How are tribes implementing cleaning schedules of machines or contact surfaces? 

 Answer: The CDC has issued guidance for casinos and gaming operations: 

(https://www.cdc.gov/coronavirus/2019-

ncov/community/organizations/businessemployers/casinos-gaming-operations.html)
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Revised January 25, 2022

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as well as guidance for cleaning and sanitizing https://www.cdc.gov/coronavirus/2019-

ncov/community/reopen-guidance.html

NIGC recommends TGRAs / gaming operations develop policies that include the identification

of all contact surfaces within the gaming operation that are frequently touched or handled by 

patrons and employees and include in the polices how often cleaning and sanitizing must be 

performed. Gaming operations may find they need to utilize additional personnel to meet the 

cleaning scheduling requirements. Use of scheduling logs will assist with verification, staff 

shortages, lack of resources and identifying non-compliance with the policy. 

32. Question: Given existing CDC guidelines, will the NIGC require the use of Personal Protective 

Equipment (PPE) at Tribal Casinos? 

 Answer: CDC guidelines recommend and reinforce the use of face coverings among staff and 

customers. Face coverings should be worn as feasible and are most essential in times when 

social distancing is difficult. Individuals should be frequently reminded not to touch the face 

covering and to wash their hands frequently. Provide information to staff and customers on 

proper use, removal, and washing of cloth face coverings. The NIGC does not require the use 

of specific PPE by regulation. However, the lack of PPE use where conditions warrant use or 

lack of enforcement of required PPE use where tribal policy requires PPE use would be a factor 

in determining if a gaming facility was operating in a manner that protects public health and 

safety. 

33. Question: As part of its annual audit requirements, will the NIGC require audit reports on the 

use of nongaming revenue to support gaming operations? Such as loans from the PPP, or 

Federal Reserve lending facilities? 

 Answer: The funds used to support a gaming operation will in all likelihood be subjected to 

annual audit procedures. A Paycheck Protection Program loan or other federal reserve loan 

program is likely no different than a tribe receiving a loan or line of credit from a financial 

institution. If the funds are received by the gaming operation and used to pay casino related 

expenses, then the amounts received would be recorded as financing activities of the casino and 

the records be subject to annual audit procedures by the CPA. In other words, professional 

accounting standards may require the audits of all funds (gaming, non-gaming, financing, 

transfers from the tribe, etc.) received by the gaming operation. 

For concerns specific to the Main Street Lending Program, the NIGC has issued a declination 

Letter that can be found here: 

https://www.nigc.gov/images/uploads/ManagementReviewLetters/10062020FederalReserveBa

nkofMinneapolis-NoTribe.pdf

34. Question: How does the NIGC perceive its role during the resumption of operations?

Answer: NIGC Regional Offices have received and reviewed reopening plans for each casino 

that has resumed operations. Compliance Officers have been providing technical assistance 

based on guidance from public health agencies and best practices from other TGRAs/Casinos. 

The Compliance Division will continue to monitor operations and provide assistance as needed. 

The agency as a whole continues to monitor public health and safety considerations and work 

with the tribes as needed to address potential issues and concerns. In addition, the NIGC has 

hired a Safety and Occupational Health Manager to assist TGRAs/Casinos with EPHS 
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Revised January 25, 2022

21

questions and concerns. For any questions or concerns, please contact Safety and Occupational 

Health Manager Eddie Ilko at Eddie.Ilko@nigc.gov

35. Question: How are you coordinating with your staff to avoid miscommunications between 

NIGC and Tribes?

 Answer: The NIGC Chairman conducts a frequent check-in with all NIGC Regional Directors 

to receive status reports and discuss pertinent issues. Additionally, the Chief of Staff and Chief 

of Compliance maintain frequent communication with regional offices and receive regular

briefing reports. All questions and/or concerns received from tribes are discussed collectively. 

36. Question: What kind of technical assistance are you looking to provide with the NIGC 

COVID-19 Preliminary Assessment?

Answer: The NIGC made available its COVID-19 Preliminary Assessment to tribes in an effort 

maintain transparency. The Preliminary Assessment is a tool used by the NIGC Regional 

Offices for assessment public health and safety and may also assist tribes in establishing their 

own checklist and operating plans.

37. Question: Will NIGC share best practices on what is working during the resumption of 

operations? 

Answer: Yes, we have worked with tribes to obtain consent to share their environmental, 

public health and safety plans with other tribes. Please contact your NIGC Regional Office for 

assistance in obtaining an example plan. You can view the NIGC Model Infectious Disease 

Response plan on our website at: https://www.nigc.gov/commission

38. Question: Will the NIGC allow CPAs to perform remote testing in response to the COVID-19 

for the MICS required AUP reports? 

Answer: 25 C.F.R. § 543.23(d)(1) requires that “A CPA must be engaged to perform an 

assessment to verify whether the gaming operation is in compliance with these MICS, and/or 

the TICS or SICS if they provide at least the same level of controls as the MICS. The 

assessment must be performed in accordance with agreed upon procedures and the most recent 

versions of the Statements on Standards for Attestation Engagements and Agreed-Upon 

Procedures Engagements (collectively “SSAEs”), issued by the American Institute of Certified 

Public Accountants.” Those professional standards require the CPA to use their professional 

experience and judgement to plan and perform the AUP engagement so that the testing methods 

are sufficient to determine compliance. As such, reliance on a CPA’s development of testing 

protocols that includes remote verification which complies with professional standards will be 

acceptable for 25 C.F.R. § 543 AUP requirements. 

Additional Guidance, Checklists, and resources: 

NIGC Reopening Preliminary Assessment: 

http://www.nigc.gov/images/uploads/Preliminary%20Assessment%2005012020%20(revised).docx

NIGC Cybersecurity Readiness:

https://www.nigc.gov/images/uploads/Tribal_Cybersecurity_Readiness.pdf
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Revised January 25, 2022

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NIGC Model Infectious Disease Response Plan: 

https://www.nigc.gov/images/uploads/NIGC_Model_COVID19_Infectious_Disease_Preparedness_a

nd_Response_Plan__Final_08042020_TLC_(1).docx

A complete list of NIGC resources is located at https://www.nigc.gov/commission

Other Federal Resources:

• Coronavirus Updates - https://www.coronavirus.gov/

• Bureau of Indian Affairs - https://www.bia.gov/coronavirus

• Indian Health Services - https://www.ihs.gov/coronavirus/

• Center for Disease Control - https://www.cdc.gov/

• Federal Emergency Management Agency - https://www.fema.gov/coronavirus/

• White House - https://www.whitehouse.gov/

Vaccination Resources:

In order to stay up to date with the latest guidance on vaccinations and related information the NIGC 

recommends you review the web-based resources listed below. Additional resources may also be

available via your State’s health department website. · 

• https://www.cdc.gov/coronavirus/2019-ncov/vaccines/recommendations/underlyingconditions.html?s_cid=10485:who%20should%20not%20take%20the%20covid%20vaccine:sem.

ga:p:RG:GM:gen:PTN:FY21 ·

• https://www.fda.gov/emergency-preparedness-and-response/coronavirus-disease-2019-covid19/covid-19-vaccines · 

• https://www.ihs.gov/coronavirus/resources/

Downloadable Federal Resources:

• Bureau of Indian Affairs - https://www.bia.gov/covid-19/posters

• Centers for Disease Control and Prevention - https://www.cdc.gov/coronavirus/2019-

ncov/communication/print-resources.html?Sort=Date%3A%3Adesc