COVID-19 

Frequently Asked Questions

Last Updated: August 5, 2020

This is an updated collection of Frequently Asked Questions (FAQ). Always review the latest FAQ 

update as information is added or amended to a previous version. New information in this FAQ is 

preceded by “(Updated)” and ends with the date it was amended. The NIGC Division of Compliance 

maintains the FAQ by reviewing guidelines issued by public health agencies, and consultation with 

the NIGC’s Office of General Counsel, and public health agencies. The NIGC encourages all TGRAs to 

remain in close communication with their NIGC Region Office as Indian gaming facilities across Indian 

Country address the risks associated with COVID-19. It is equally important for tribes, their gaming 

operation(s) and the TGRA to remain in close contact with each other as each entity plans for 

reopening and/or continued ongoing assessment. 

The NIGC encourages tribes to consult with qualified public health officials for ongoing assessments

of their gaming operations. 

In addition to the below FAQ updates, the NIGC has developed a sample Infectious Disease Plan that 

can be found at 

https://www.nigc.gov/images/uploads/NIGC_Model_COVID19_Infectious_Disease_Preparedness_an

d_Response_Plan__Final_08042020_TLC_(1).docx.

To propose a question for this FAQs list, please coordinate with a Tribal Gaming Regulatory Authority 

(TGRA). The times discussed below concerning submission deadlines will continue to be reexamined 

should closures continue beyond deadlines or the specific number of days provided for in this version 

of the FAQ.

To view “Dear Tribal Leader” letters, past FAQs and other information pertaining to COVID-19, please 

visit our website at https://www.nigc.gov/commission/nigc-guidance-regarding-covid-19.

General 

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

COVID-19?

Answer: 526 tribal gaming facilities have suspended operations. Every closure decision has 

been based on local-level tribal assessments. The NIGC continues to support local 
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government coordination and promotes the resources and guidance available at 

www.CDC.gov.

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, 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 for closing 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 lawmakers, tribal gaming regulatory bodies, and/or gaming operators decide 

to temporarily close a licensed facility based on their local on-the-ground assessments, the NIGC 

Region Offices will continue to have a presence. As referenced in the March 16, 2020 Dear Tribal 

Leader letter, NIGC Region Directors have received a two-step protocol from the NIGC Director 

of Compliance. The protocol will help the NIGC maintain an appropriate presence and facilitate 
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support for a tribal community based on local circumstances. 

6. Question: What considerations should a TGRA account for when securing and adequately 

protecting casino assets in the event that 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) requires 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.

7. Question: (Updated) 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: 

a. 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.

b. 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. 

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

& Disinfecting at: https://www.cdc.gov/coronavirus/2019-

ncov/community/organizations/business-employers/casinos-gaming-operations.html

(July 15, 2020).
Updated August 5, 2020

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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. 

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 non-essential 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. 
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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 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.)?
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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.

15. Question: (Updated) 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 (Updated)

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 (Updated)

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 
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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. § 514.9, 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 assessmentsfor

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

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 $22.00, 

billed monthly and due within forty-five (45) days of the date of the bill.

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 inquiriesto: 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 
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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.

Please contact your NIGC Regional Office for additional information. 

d. Facility Licenses:

i. As required in 25 C.F.R. Part 559, a request to the NIGC for any new facility 

under consideration requires at least one hundred twenty (120) days’ notice

before the opening of the 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 longer 

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 furtherguidance.

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) 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, NIGC encourages submissions within 30 

days of the audit and report original due dates.
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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 

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 has temporarily suspended non-mission critical travel for all NIGC staff. The 

NIGC remains operational and continues to monitor and review gaming operation activity 

remotely. All activities related to the site visits, auditing, training and investigatory activities that 

can be conducted off-site through telephone, email, document request and review, and other 

off-site methods shall continue 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.

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 to continue agency essential duties. Region staff remain available via phone, video 
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conference and email to provide technical assistance and will continue to process licensing 

submissions received. Non-mission critical travel has been suspended. Annual site visits and 

other onsite routine monitoring activities have been modified to perform work remotely when 

available. In-person Regional Training Conferences and Site-Specific Training for the remainder 

of the FY 2020 will be replaced with remote opportunities that utilizes cost effective technology 

and anticipates disruptions in regular conference attendance. The NIGC Training Program is still 

accepting requests for virtual site-specific training and technical assistance. The NIGC will 

continue to review conditions and needs as the COVID-19 pandemic response evolves. 

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. IGRA does, however, include 

the funding of tribal programs in its permissible uses 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: (Updated) 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. 
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See https://www.cdc.gov/coronavirus/2019-ncov/community/reopen-guidance.html for 

additional information on this topic. (July 8, 2020) 

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

payments? 

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

during the COVID-19 Pandemic?

One of the first safety considerations is deciding whether there is an actual requirement to 

fingerprint the applicant. The NIGC wants to remind TGRA's that there is no NIGC requirement 

to fingerprint existing Key/PMO Gaming Licensees for renewals. TGRA's are highly encouraged 

to review their gaming ordinances and internal regulations and modify 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. TGRA's 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% 
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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 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 disinfecting 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. What are some safety considerations for Table and Card Games?

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. Those are Social Distancing in the Pit Area, Cleaning and 

Sanitization, and Game Integrity:

A. Social Distancing: Social Distancing has shown 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; 
Updated August 5, 2020

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• 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; 

 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 guidance1 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 behaviors2 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-CoV-23

; 

• Utilize UV lights 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. 

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

2 https://www.cdc.gov/handwashing/when-how-handwashing.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
Updated August 5, 2020

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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 consider using special UV 

lights designed to sanitize sensitive surfaces such as cards and cheques.

As staff, such as dealers and other pit personnel, wash and sanitize their hands with greater 

frequency, keep 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. Are casinos implementing temperature checks for patrons and employees?

Yes, 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. Are Tribes utilizing waivers of liability or warning signs at facility entrances to inform guests of 

the risk and potential exposure to COVID 19?

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 
Updated August 5, 2020

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operations wishing to implement such waivers, should contact their legal counsel for advice on 

implementing such measures. 

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

The CDC has issued guidance for casinos and gaming operations: 

(https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businessemployers/casinos-gaming-operations.html) as well as guidance for cleaning and disinfecting 

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 disinfecting 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. Given existing CDC guidelines, will the NIGC require the use of Personal Protective Equipment 

(PPE) at Tribal Casinos? 

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. 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?

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.

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

35. How are you coordinating with your staff to avoid miscommunications between NIGC and 

Tribes?

The NIGC Chairman conducts a daily check-in with all NIGC Regional Directors to receive status 

reports and discuss pertinent issues. Additionally, the Chief of Staff and Director of Compliance 

maintain frequent communication with regional offices and receive daily briefing reports. All 

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

36. What kind of technical assistance are you looking to provide by providing the NIGC COVID-19 

Preliminary Assessment? 

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. Will NIGC share best practices on what is working during the resumption of operations? 

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. 

38. Will the NIGC allow CPA’s to perform remote testing in response to the COVID-19 for the MICS 

required AUP reports?

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.