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

July 12, 2021

Dear Tribal Leader:

In a June 9, 2021 Dear Tribal Leader letter, found here, the National Indian Gaming Commission (NIGC) 

announced its tribal consultation plan and topics for calendar year 2021. This letter is to provide an 

update on our consultation series and information on how to register for upcoming virtual meetings. 

Starting on July 12, 2021 the NIGC will begin Consultation Series A which will conclude 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 NIGC, and/or the tribal gaming industry. 

The NIGC anticipates that this consultation may lead to regulatory updates through the public rule 

making process. Additional material along with an informational video regarding this consultation series 

can be found at https://www.nigc.gov/commission/tribal-consultation-2021. 

The following topics are scheduled to be reviewed and discussed:

• 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-to-government 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-to-government 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”. 
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

• 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.

The following are opportunities for tribal engagement regarding these topics:

• Virtual Meeting. We invite you to participate in a virtual meeting on July 27, 2021 from 9:00 

A.M. – 12:00 P.M. EST or July 28, 2021 from 1:00 P.M. – 4:00 P.M. EST. The separate meetings 

will cover the same information and allows for an additional opportunity for attendance. You 

may register by using the following links:

o July 27th: 9:00 A.M. – 12:00 P.M.

 https://www.zoomgov.com/meeting/register/vJIsdOCvqzgpHPR7GrFYuu1Q4m

MUH0YkbtI

o July 28th: 1:00 P.M. – 4:00 P.M.

 https://www.zoomgov.com/meeting/register/vJItdesqzkjEhyqUEFtD_aXITrAdcHdVtc

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

topics which can be found at https://www.nigc.gov/commission/tribal-consultation-2021. 

Written comments will be accepted from July 12, 2021 to August 12, 2021 and can be submitted 

to NIGC.Outreach@nigc.gov. 
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

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

questions or assistance, please contact Communications Manager (A) Mary Parker at 202-336-3470 or 

mary.parker@nigc.gov. You may also contact Chief of Staff Dustin Thomas at 202-531-6407 or 

dustin.thomas@nigc.gov. 

Sincerely, 

Dustin Thomas

Chief of Staff