NIGC – Notice of Inqu

Regulation Revie

Lael Echo-Hawk

reg.review@nigc.gov

202.632.7009
Why Regulatory Rev

• IGRA provides for the enact

appropriate regulations to imAct.

• Executive Order 12,866 “Re

Planning and Review” and thFlexibility Act require every Asubmit a Semi-Annual Reguto the Federal Register in Apyear.
Consultation!

• Executive Order 13,175 “Consu

Coordination with Indian Tribal 

• Executive departments and agencies 

charged with engaging in regular and consultation and collaboration with tribdevelopment of Federal policies that himplications, and are responsible for sgovernment-to-government relationshUnited States and Indian tribes.
Consultation!

Executive Order 13,175 “Consultation and 

with Indian Tribal Governments”

Section 3 – Policymaking Criteria

(c) When undertaking to formulate and implement po

implications, agencies shall:

(1) encourage Indian tribes to develop their own polic

program objectives;

(2) where possible, defer to Indian tribes to establish (3) in determining whether to establish Federal stand

tribal officials as to the need for Federal standards that would limit the scope of Federal standards or the prerogatives and authority of Indian tribes.
What is a Notice of In

• Notice of Inquiry (NOI) is a tool u

comments and feedback from coregarding the NIGC regulatory rebefore we begin drafting rules

• 3 Primary Questions

– What?– When?– How?
NOI – Process: 8 Cons

California – San Diego (Sycuan Band of the Kumeyaay Indians)

Janu

California – Cache Creek (Yocha Dehe Wintun Nation)

Janu

Northwest – Shelton, WA (Squaxin Island Tribe)

Janu

Oklahoma – Norman, OK (Chickasaw Nation)

Janu

Southwest – Santa Ana Pueblo JanuWashington, DC JanuGreat Plains – Rapid City FebrEast – Hollywood, FL (Seminole Tribe of Florida)

Febr
NOI – Process

• NOI Published Nov. 18, 201• Comment period closes FEB

*(86 day comment period)

All written comments & consul

transcripts will be posted on Consultation page of the NIG

www.nigc.gov.
NOI – What Regulat

These are suggestionThe Commission has position on which regshould be revised. 
NOI – What Regulat

NOI: Section IVPart 502 – Definitions

(1) Net revenues(2) Management contract

Part 514 – Fees

(1) “Calendar year” v. “fiscal yea(2) GAAP definition of “gross ga(3) Fingerprinting processing fee(4) Late payment system for late 

in lieu of enforcement action
NOI – What Regulat

NOI: Section IVPart 518 – Self Regulation

“burden” v. “benefit”

Part 523 – Review and Approv

Ordinances or Resolutions

Obsolete?
NOI – What Regulat

NOI: Section IVPart 531 – Management Contr

Collateral Agreements

– Review Collateral Agreements for s

interest concerns?

Part 533 – Management Contr

of Management Contracts 

– Add disapproval for contracts not s

accordance with submission require

– Contract does not contain the regul

for approval 
NOI – What Regulat

NOI: Section IVPart 537 – Management Contr

Background investigations

– Should a contractor be required to 

background information when the cClass III gaming? 

Proceedings before the Comm

– Should the regulations contain mor

procedural rules? 
NOI – What Regulat

NOI: Section IVMICS and Technical Standards

– What to do with Class III MICS?– What to do with current draft of Cla– What to do with technical standards 

they need updated? Revised?

Pilot program for background i

for licensing

– Should the pilot program be formali

regulation?
NOI – What Regulat

NOI: Section IVFingerprinting for Non-Primary 

Official or Key Employees

– Option to allow Tribes, at their discr

fingerprint cards to NIGC for vendoother non-employees?

Part 559 Facility License

Revise?
NOI – What Regulat

NOI: Section IVInspection & Access to Record

– Clarify the authority of the NIGC to 

off-site locations, including those ow

parties?

Enforcement

– Should the Chair have the discretio

NOV?
NOI – What Regulat

NOI: Section V –

Potential New Regula
NOI – What Regulat

NOI: Section V – Potential New • Tribal Advisory Committees o

method to include tribal commdrafting a regulation.

– How to select members?– When should a committee or o

be put into place?
NOI – What Regulat

NOI: Section V – Sole Propriet• Regulation to identify when S

Proprietary Interest is violateprocess for Tribes, at their opsubmit documents to NIGC fdetermination? 
NOI – What Regulat

NOI: Section V – Communicati• How should the NIGC comm

Tribes? 

– Tribal Council/Executive Branc– Gaming Commissions– TGRA– Formal v. informal communica
NOI – What Regulat

NOI: Section V – Buy Indian Ac• Require the NIGC to give Ind

preference to qualified Indian businesses when purchasing services as defined by the “B
NOI – What Regulat

These are suggestionThe Commission has position on which regshould be revised.
NOI – When? & Ho

In what order to we revise the By what method?

– Tribal Advisory Committee– Notice of Proposed Rulemak

comment

– Negotiated rulemaking– Separate tracks?– Other?
Consultation!

Executive Order 13,175 “Consultation and 

with Indian Tribal Governments”

Section 3 – Policymaking Criteria

(c) When undertaking to formulate and implement po

implications, agencies shall:

(1) encourage Indian tribes to develop their own polic

program objectives;

(2) where possible, defer to Indian tribes to establish 

(3) in determining whether to establish Federal stand

tribal officials as to the need for Federal standards that would limit the scope of Federal standards or the prerogatives and authority of Indian tribes.
NOI – Process

• Comment period closes FEB• All written comments & cons

transcripts will be posted on Consultation page of the NIG

www.nigc.gov.

• Send Comments to: reg.revi
NOI – Commitme

• Every comment received wil

and considered.

• The regulatory review agend

accompanied with an explanthe agenda was set. 

• Decision-making process wi

transparent.
NOI – Process

• Agenda finalized in April, 20• Substantive work begins!
Questions?

Lael Echo-Hawkreg.review@nigc.gov202.632.7009