MAILING ADRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop #1621 Washington, DC 20040 Tel: 202.632.7003 Fax: 

202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK; Rapid City, SD

WWW.NIGC.GOV

June 9, 2021

Dear Tribal Leader,

This letter announces three Tribal Consultations series the National Indian Gaming 

Commission (NIGC) will host in calendar year 2021. In addition, this letter summarizes other 

key NIGC outreach efforts that will take place in the coming months. Our consultation and 

outreach efforts remain an important Agency responsibility. These efforts help ensure sound 

NIGC policy formation and strengthen the federal government’s inter-governmental relationship 

with tribal nations. 

The topics for each of the three consultation series represent different themes. Tribal 

Consultation Series A will begin on July 12, 2021, and will focus on efforts to ensure Agency 

requirements are clear, conform with NIGC practice, and align with IGRA requirements. Tribal 

Consultation Series B will begin on September 13, 2021, and will focus on opportunities to 

provide greater stability in NIGC operations, more flexibilities and assistance to the industry’s 

response to the pandemic, and considerations around the Commission’s roles in Self-Regulation 

certifications, appeals, and background investigations. Consultation Series C will begin on 

November 1, 2021, and will focus on NIGC tools to protect tribal assets and regulatory measures 

to address technology-based threats.

The NIGC’s consultation and outreach efforts aim to remain respectful of your resources 

and time. The Commission will use virtual tools to facilitate your engagement in an efficient way 

over the coming months. We have included attachments to this letter in anticipation of questions 

you may have and to assist in your planning. You may also contact Ms. Rita Homa at 

Rita_Homa@nigc.gov for additional assistance. 
MAILING ADRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop #1621 Washington, DC 20040 Tel: 202.632.7003 Fax: 

202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK; Rapid City, SD

WWW.NIGC.GOV

Thank you for your dedicated leadership to your communities and we look forward to 

collaborating with you in the coming months. 

Sincerely,

E. Sequoyah Simermeyer Kathryn Isom-Clause Jeannie Hovland

Chairman Vice Chair Commissioner

Attachments:

NIGC 2021 Tribal Consultation Series

NIGC 2021 Outreach Efforts
NIGC 2021 TRIBAL CONSULTATION SERIES

Although the NIGC’s three consultation series will address different sets of topics, all 

consultations will have common features. First, a video presentation will be made available in 

advance of each consultation series to provide background information. The video presentations 

will provide information in an efficient way and help facilitate tribal engagement. Second, future 

Dear Tribal Leader letters will announce video conferences and remind you of both the 

timeframe for the NIGC to receive written comments from tribes, and the scope of the 

discussions. Third, the Commission will hold multiple live video conference sessions with tribal 

government leaders and representatives in order to receive on the record statements. Fourth, all 

comments, transcripts, and the Commission’s written summaries of next steps for each of the 

three consultation series will be available at www.NIGC.gov.

Consultation Series A to begin on July 12, 2021, and end on August 12, 2021

This series will center on topics the Commission views as requiring clarification in order to 

reflect the current practices or expectations of tribal governments, the Agency, and/or the tribal 

gaming industry. The Agency anticipates that this consultation may lead to regulatory updates 

through the public rule making process. Additional material to frame the consultation will be 

available no later than July 12, 2021. Between July 12, 2021 and August 12, 2021, tribes may 

submit written comments and the NIGC will host two nation-wide video conferences.

 NIGC Consultation Policy: In July of 2013, the NIGC adopted a robust consultation 

policy detailing how the Commission will engage with tribes on a government-togovernment basis. The policy states that the “Commission shall review its existing 

[consultation] practices and revise them as needed.” In addition, President Biden recently 

issued a Presidential Memorandum directing Agencies to review their consultation plans 

to ensure they meet the requirements of Executive Order 13175. Although that 

Presidential Memorandum and the underlying Executive Order do not apply to the NIGC 

because of our unique status, we nonetheless recognize the importance of tribal 

consultation and that our mission, and the complex and technical nature of the industry 

we regulate, places its own imperative on the NIGC to engage in government-togovernment consultation. In furtherance of the NIGC’s existing consultation policy and 

in the spirit of the Presidential Memorandum, the Commission seeks your input on 

NIGC’s government-to-government consultation. 

 NIGC Strategic Plan: Every four years, the National Indian Gaming Commission is 

required to update the Agency’s strategic plan. The Commission will update tribal 

leaders, and seek meaningful input on its draft strategic plan, which provides a concrete 

basis for establishing goals, and the strategies by which the Agency will achieve those 

goals.

 25 C.F.R §§ 502.14; 502.19 – Definitions of Key Employee and Primary Management 

Official: The Commission seeks your input on a change to NIGC definitions of Key 

Employee and Primary Management Official that will allow the NIGC to process 

fingerprints for Tribal Gaming Commission Employees and other employees of the 
gaming operation. The Commission also seeks input on changing 502.14(b) to increase 

the cash compensation that establishes an employee as a “key employee”. 

 25 C.F.R. § 559.2(b) – Facility License Notifications and Submissions: The Commission 

seeks your input on revising § 559.2(b) of the regulation to modify the requirement that 

facility license notice submissions include a name and address of the proposed gaming 

facility.

 25 C.F.R. Part 552 – Submission of Gaming Ordinance or Resolution: The Commission 

seeks your input regarding changes to submission requirements for gaming ordinance 

reviews. Specifically, the Commission wishes to ensure more manageable requirements 

for initial ordinances by tribes that have not yet established regulatory bodies to 

promulgate regulations. In addition, it is considering clearer regulatory requirements for 

ordinance provisions related to license suspensions. The Commission seeks to modify 

requirements in order to make NIGC practices more consistent with IGRA and ease 

unnecessary burdens on tribal submissions.

 25 C.F.R. § 514.4(c) – Fees – How does a gaming operation calculate the amount of the 

annual fee it owes: The Commission seeks your input on amending its regulation to 

specify that Free Play should be deducted from the calculation of assessable gross 

revenue.

 25 C.F.R. § 537.1(a)(3) – The Commission seeks your input on amending the § 537 to 

reduce the number of background investigations the NIGC conducts for each 

management contract by requiring investigations for those individuals and entities who 

have 10% or greater interest in the contract, rather than 10 individuals and any entities 

with the greatest interest in the contract. This change will ensure that NIGC regulations 

are consistent with the explicit requirements of IGRA and reduce the burden and cost of a 

management contract review thereby encouraging industry compliance. 

Consultation Series B to begin on September 13, 2021, and end on October 15, 2021

This series will center on topics the Commission views as responsive to the lessons learned from 

the pandemic’s impact. Specifically, the need for certainty in the NIGC’s operations and the 

opportunities for greater agency-flexibilities in its dealings with Tribal Gaming Regulatory 

Authorities. In addition, some of these topics seek to identify approaches the NIGC can explore 

to leverage its unique national role in both promoting industry integrity and establishing policies 

through the resolution of matters on appeal before the Commission. The Agency anticipates that 

this consultation could lead to the promulgation of new regulations as well as additional dialogue 

with tribes and industry stakeholders. Additional framing material will be available by 

September 13, 2021. Between September 13, 2021, and October 15, 2021, the Commission will 

receive written comments and will host three nation-wide video conferences.

 25 C.F.R. § 571.12 – Audit standards: The Commission seeks your input on proposed 

amendments to Part 571 to relieve financial and temporal burdens imposed on small and 

charitable gaming operations by reconsidering the requirement that they conduct an 

annual independent audit of the financial statements. 

 25 C.F.R. § 571.12(b) and 571.13 - Audits: The Commission seeks input on whether 

disclaimed or adverse audited or reviewed financial statements satisfy the requirements 
of 571.12(b), and whether the submission of disclaimed or adverse audits meet the 

requirements of 571.13. 

 25 C.F.R. Part 518 – Self Regulation of Class II Gaming: The Commission seeks your 

input on amendments to Part 518 to simplify procedures controlling self-regulation. The 

Commission seeks to reduce the time it takes to obtain a certificate of self-regulation and 

clarify the Office of Self-Regulation’s functions. The Commission also seeks to clarify 

the submission requirements for tribes with a certificate of self-regulation in order to 

ensure consistent NIGC practices, and explore the value of an annual Commission 

summit to promote and discuss best industry practices among self-regulated gaming 

operations

 25 C.F.R. Part 514– Fees: The Commission seeks your input on NIGC fee regulation, 

including: exploring a mechanism to adjust the year against which the fee rate is assessed 

in order to respond to extreme and unexpected variations in the industry; mandating a 

process for reporting on the carry over status at fiscal year-end; requiring a budget 

commitment to maintain a two-quarter transition fund; and considering guidelines for the 

fee rate calculation for self-regulated tribes. 

 25 C.F.R. subchapter H – Appeal proceedings before the Commission: The Commission 

seeks your input on updates to the Agency’s appeal regulations designed to expedite the 

process, allow the Commission to decide appeals in less time, and clarify the authority 

and process for settlement agreements.

 25 U.S.C. § 2706(b)(3) – Powers of the Commission: The Commission seeks your input 

on adopting a rule to implement the Commission’s authority pursuant to IGRA to 

conduct necessary background investigations. 

Consultation Series C to begin on November 1, 2021, and end on December 17, 2021

This series will focus on regulations with implications for technology and NIGC tools to protect 

tribal assets, including NIGC background investigations and the substantial violations list. The 

Commission views updates to elements in the NIGC regulations with an impact on technologybased threats to the security of gaming operations’ day-to-day activity as an important discussion 

to ensure its regulations remain responsive to industry trends. The Commission views the 

protection of tribal assets through tools such as its substantial violations list and background 

investigations for the Chairman’s suitability determinations associated with management 

contract reviews as necessary for modernizing Agency regulations, ensuring Agency practice 

reflects gaming industry trends in the regulatory community’s approach to background 

investigations, and supporting the Agency’s role as a federal regulatory body.

The Agency anticipates that this consultation could lead to the promulgation of new regulations 

after an additional round of consultation and dialogue with tribes and industry stakeholders 

during calendar year 2022. Additional framing material for these consultation topics will be 

available by November 1, 2021. Between November 1, 2021, and December 14, 2021, the 

Commission will receive written comments and will host four nation-wide video conferences. 

 25 C.F.R. Parts 543 and 547 – Minimum internal control standards and minimum 

technical standards: Gaming has changed significantly since the NIGC implemented its 

minimum internal control standards and its technical standards. The Commission is 
seeking your input on matters related to technological enhancements and technology 

threats.

 25 C.F.R. § 522.4(b)(7) – Approval requirements for class II ordinances; 25 C.F.R. 

§ 573.4(a)12 – When may the Chair issue an order of temporary closure; The 

Commission seeks your input on whether the requirement that a tribe construct and 

operate its gaming operation in a manner that adequately protects the environment, public 

health, and safety extends to include issues related to cyber-security. 

 25 C.F.R § 573.4(a) – When may the Chair issue an order of temporary closure: The 

Commission is seeking your input on adding misuse of net gaming revenues to the list of 

substantial violations for which the NIGC Chair may issue a temporary closure order. 

 25 C.F.R. Part 537 – Background investigations for person or entities with a financial 

interest in, or having management responsibility for, a management contract: Since the 

NIGC first issued regulations related to contract review, the practices and procedures the 

agency uses in conducting those reviews has continued to evolve. The Commission seeks 

to engage in a discussion as to how the NIGC may modify its regulations to provide more 

transparency, accountability, and efficiency in its contract reviews. 
NIGC 2021 OUTREACH EFFORTS

The following outreach efforts are scheduled to occur during calendar year 2021. In order to 

maximize resources and participation, the NIGC will host these events in a video conference 

format. These outreach efforts are in addition to the consultation series that will take place during 

2021. 

NIGC Region Summits

Week of July 26, 2021

The Agency is committed to implementing innovative approaches to emphasize its focus on 

accountability in its operations. As part of that focus, the Agency is establishing Annual Region 

Summits. Led by the NIGC Region Directors, these summits will invite tribes within each of the 

NIGC’s administrative regions to identify priority issues and opportunities for tribal engagement 

in the NIGC’s planning processes. The Annual Region Summits will be held by video 

conference.

NIGC Quarterly Operations Briefing 

Week of July 21, 2021 and Week of October 20, 2021

The Agency has established quarterly operations briefings for tribal leadership officials. This is a 

recurring video conference briefing hosted by the Commission. This effort aims to increase 

tribes’ awareness about how the NIGC’s operations focus on priority issue areas. The briefings 

are also intended to facilitate tribal leadership’s insights into the NIGC’s planning processes. 

NIGC Listening Session on Agency Budget

August 23 to September 3, 2021

The Commission hosts an annual listening session via video conference and receives written 

feedback from tribes regarding the Agency’s budget development process. The date for the 

video conference will take place between August 23 and September 3 and will be announced 

later this year. This effort integrates tribal feedback into the NIGC planning processes and 

provides an opportunity for the Commission to highlight its progress toward meeting its 

objectives.