National Indian Gaming Commission

NIGC Information Session

15 December 2016
Objective

• Introduce Consultation process and value

• Share NIGC’s 2015-16 Consultation topics 

and accomplishments

• Discuss 2017 Consultation topics

• Receive feedback from Tribal Leaders and 

representatives 
Overview

• The Commission will provide the current 

results from the 2015-16 Consultation Topics: 

– Privacy Act changes

– Buy Indian Goods and Services (BIGS)

– NEPA Categorical Exclusion (CATEX)

– Class III MICS Guidance

• Open lines for any questions or comments

• 2017 Consultation Topics

• Open lines for any questions or comments
Ground Rules

• Information Session scheduled for 3 hours until 

4:00 pm (EST).

• This is an informational session and not a 

consultation, so this event will not be 

transcribed. However, the call is being 

recorded.

• We will conclude early if no outstanding 

questions remain.

• Questions will be handled by the call 

moderator.
2015-2016 Consultation Topics

• Privacy Act

– 2015-2016 Consultation Update

• August 26, 2016, the NIGC published a notice 

of proposed rulemaking requesting comments 

on the updated Privacy Act procedures.

• Comment period was open from August 26, 

2016 through October 11, 2016.

• Publication of the final rule is currently 

pending.
• Buying Indian Goods and Services (BIGS)

– Commission has determined that it will adopt a 

BIGS agency policy.

– Currently in the process of drafting policy.

– The proposed policy is for the Commission’s 

own procurement of goods and services only; 

the proposed agency policy will not mandate 

Indian tribes to purchase only from Indianowned businesses. 

2015-2016 Consultation Topics
2015-2016 Consultation Topics

• How to become a qualified Indian-owned 

business and assistance can be found at:

– System for Award Management www.sam.gov

– Once successful review by GSA request for 

proposal or request for quote through GSA at 

www.fbo.gov
• National Environmental Policy Act (NEPA) 

Categorical Exclusion (CATEX)

– The Commission is moving forward with a CATEX 

for management contracts that do not include 

construction. 

– Working to finalize it with the Council of 

Environmental Quality.

– Once finalized, it will be published in the Federal 

Register and tribes and the public will be able to 

weigh in with comments.

2015-2016 Consultation Topics
• Class III MICS Consultation

– The Commission has decided to;

• issue updated non-binding guidance for Class III 

MICS and;

• suspend the existing 25 C.F.R. part 542 regulations. 

– The suspension will leave the existing regulations “on the 

books,” but with an editorial note stating that they are not 

enforceable.

2015-2016 Consultation Topics
Questions?

2015-2016 Consultation Topics
2017 Consultation Topics

1. Class III MICS 

2. Rural Outreach

3. Developing a Strong Tribal Workforce

4. Management Contracts

5. Technical Standards for Mobile Gaming 

Devices

6. Fees

7. 547 Grandfathered Class II Gaming 

Systems
2017 Consultation Topics

1. Class III MICS

– The Commission has developed the first draft 

and plans to publish it for comment. 

– Although the guidance document is not a 

regulation requiring notice and comment, the 

Commission recognizes the value of input and 

intends to follow the formal process as closely 

as possible.

– A draft guidance document will be available on 

our website at least 30 days prior to the first 

consultation date.
2017 Consultation Topics

2. Rural Outreach

– The Commission would like to hear ideas about 

how the NIGC can best provide technical 

assistance and training to smaller, rural 

operations. 

– In addition, the NIGC seeks specific feedback on 

whether it should create an eighth region by 

expanding its Rapid City satellite office.
2017 Consultation Topics

3. Developing a Strong Tribal Workforce

– The NIGC strives to ensure that tribes receive 

substantive and valuable training to ensure the 

integrity of their gaming operations. 

– The NIGC welcomes any and all feedback with 

respect to the NIGC Training Program.
2017 Consultation Topics

4. Management Contracts and Background 

Investigations

– The Commission is seeking feedback on any 

recommended changes to the management 

contract and background investigation regulations. 

– These regulations are located at 25 C.F.R. Parts 

531, 533, 535 and 537 and you can find the 

regulations on our website. 

– The NIGC especially seeks any input that may 

improve NIGC’s efficiency in processing 

management agreements and background 

investigations.
2017 Consultation Topics

5. Technical Standards for Mobile Gaming 

Devices

– Draft technical standards for mobile gaming 

devices will be the basis for our discussions.

– These draft technical standards will only address 

handheld mobile devices within tribal lands and 

will not authorize internet gaming. 

– The drafted and proposed technical standards 

will be available on our website at least 30 days 

prior to the first consultation.
2017 Consultation Topics

6. Fees

– The Commission is considering amending the 

language to 25 C.F.R. Part 514 to do two things: 

1. remove the requirement to adopt a preliminary fee 

rate and fingerprint rate on March 1, and 

2. change the announcement date for the final fee rate 

and fingerprint rate from June 1 to November 1 of 

every year. 

– A draft of the proposed amendments will be 

available on our website at least 30 days prior 

to the first consultation.
2017 Consultation Topics

7. 547 Grandfathered Class II Gaming Systems

– Separate times during the March session in Tulsa 

Oklahoma and April in San Diego, California have been 

scheduled for this topic.

– The Grandfathering period is set to expire on November 

10, 2018.

– Due to the expiration of grandfathered systems we ask for 

feedback on the following:

• information related to the steps tribes have taken to comply with 

the grandfathering provision and any difficulties in implementing 

those provisions;

• what risks, if any, the grandfathered games may pose to a gaming 

operation or the gaming public; and 

• how those risks may be mitigated by means other than Part 547.
2017 Consultation Topics

Questions?
2017 Consultation Topics

• 2017 Consultation Schedule

1. March TBD, 2017, Isleta Pueblo, New Mexico 

2. The third week of March in conjunction with NTGCR in Tulsa, 

Oklahoma (specific date TBD)

3. April 10, 2017 in conjunction with NIGA in San Diego, 

California 

4. April 20, 2017, in Billings, Montana during our regional training

5. May 4, 2017 in or near Biloxi, Mississippi during the Southern 

Gaming Summit

6. May TBD, 2017 in the Northwest area, in conjunction with The 

Affiliated Tribes of Northwest Indians conference

* These dates and locations are subject to change with proper notice. 
2017 Consultation Topics

Please visit our website at 

http://www.nigc.gov/commission/

tribal-consultation-2017

For Consultation updates 
2017 Consultation Topics

• Written comments can be sent:

– By e-mail to Vannice_Doulou@nigc.gov

– By mail to NIGC, Attn: Vannice McCoy, C/O 

Department of the Interior, 1849 C St. NW, Mail 

Stop # 1621, Washington, DC 20240

Thank You!