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

September 13, 2021

Dear Tribal Leader:

As previously shared in a June 9, 2021 letter found here, beginning on September 13, 

2021 the NIGC will start Consultation Series B, the second in a series of 3 tribal consultations. 

This series will conclude on November 1, 2021. This letter is to provide an update on this 

consultation series, and information on virtual meeting registration and comment submission. 

This series focuses on opportunities to provide greater stability in NIGC operations, 

more flexibility in and assistance to Indian gaming’s response to the pandemic, and 

considerations around the Commission’s role in self-regulation certification, appeals, and 

background investigations. The Agency anticipates that this consultation could lead to the 

promulgation of new regulations as well as additional dialogue with tribes and stakeholders. 

Additional framing material may be found at https://www.nigc.gov/commission/tribalconsultation-2021. Between September 13, 2021, and November 1, 2021, the Commission will 

receive written comments and host three nation-wide video conferences. A list of consultation

topics is provided below. 

• 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 self-regulation procedures. 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 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 regulations, 

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

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.

The following are opportunities for tribal engagement regarding these topics:

• Virtual Meeting. We invite you to participate in a virtual meeting on September 21, 

2021 from 9:00 a.m. – 12:00 p.m. EST, September 22, 2021 from 1:00 p.m. to 4:00 

p.m. EST or October 21, 2021 from 1:00 p.m. – 4:00 p.m. Each meeting will cover the 

same information and agenda. You may register using the following link:

o September 21, 2021: 9:00 a.m. – 12:00 p.m. 

 Zoom Registration Link

o September 22, 2021: 1:00 p.m. – 4:00 p.m.

 Zoom Registration Link

o October 21, 2021: 1:00 p.m. - 4:00 p.m.

 Zoom Registration Link

• Comments. NIGC has published draft documents and proposed changes to the 

aforementioned topics which can be found at https://www.nigc.gov/commission/tribalconsultation-2021. Written comments will be accepted from September 13, 2021 to 

November 1, 2021 and can be submitted to NIGC.Outreach@nigc.gov. 

We hope that you will be able to join us for this important discussion and value your 

participation. For questions or assistance, please contact Acting Communications Manager Mary 

Parker at 202-336-3470 or mary.parker@nigc.gov, or Chief of Staff Dustin Thomas at 202-531-

6407 or dustin.thomas@nigc.gov.

Sincerely, 

Dustin Thomas