CHAIRMAN 

RUDOLPH H. WAMBSGANS, III 

COMMISSIONERS 

BOBBY PIERITE, SR. 

SHELIA AUGUSTINE 

AUBERY NEWMAN (1940-2002)

CATHERINE PIERITE FARBE (1953-2021)

COMMISSIONER EMERITUS 

CECIL WILLIAMS (1929-2022)

CHERISHING OUR PAST, BUILDING FOR OUR FUTURE 

164 YURONI TRAIL MARKSVILLE, LA 71351 318-240-6470 FAX (318) 253-0031 

September 9, 2022 

Reference: National Indian Gaming Commission (NIGC) Rulemaking Authority

The National Indian Gaming Commission

The Honorable E. Sequoyah Simermeyer

Chairman

1849 C Street NW

Mail Stop #1621

Washington DC 20240

SUBJECT: Proposed Changes to 25 C.F.R. Parts 502, 556, & 558; Definitions & Background

Investigations and Licensing Regulatory Provision.

Chairman & Commissioners,

I am writing on behalf of the Tunica‐Biloxi Tribe of Louisiana Tribal Gaming Commission (TBTGC)

with regards to the above subject.  On August 10, 2022, the NIGC published its revised proposal

for redefining Key Employee (Key) and Primary Management Official (PMO) with substantial

amendments to 25CFR Parts 502, 556 and 558.  These proposed changes are a direct result of

recent updates to the NIGC fingerprint processing procedures and the manifestation of CJIS

compliance requirements.

The proposed rule changes were noticed July 12, 2021, as part of the tribal consultation series

and held only two (2) virtual consults which subsequently only provided for and received

seventeen (17) written comment submissions from tribes. The definition changes included in

the August 2022, proposed rule for Key and PMO differ significantly from the language originally

proposed by the NIGC in July 2021, thus creating some confusion. The effect of the difference

could cause tribes to fall out of the parameters established for CJIS compliance, which most

tribes have worked diligently for the past three (3) years to attain.

As a result of the latest changes to the proposed 2021 language which only provided for 30‐day

review of the new language, the TBTGC finds that there has not been sufficient time to provide

for a proper consultation timeframe for most tribes to consider the affect the language change

may have to ensure the tribes are best served and protected and fully comply.  Therefore, the

TBTGC respectfully recommends that the NIGC postpone publishing the proposed changes until
CHERISHING OUR PAST, BUILDING FOR OUR FUTURE 

164 YURONI TRAIL MARKSVILLE, LA 71351 318-240-6470 FAX (318) 253-0031 

the NIGC can fully provide for true consultations with tribes. Additionally, further justification is

provided below in support of postponement is as follows:

1. The limited prior consultation over two days in July 2021 during the height of the

COVID‐19 pandemic when tribes and TGRA’s were focused on sustaining operations and

EPHS concerns,

2. Changes to the original language proposed in 2021 as compared to the changes

presented in 2022,

3. Lack of substantial input and commentary from tribes, and

4. The ability of NIGC to provide for meaningful tribal consultation nationally through the

remaining number of in‐person gatherings with conferences and meetings accordingly.

a.) TribalNet Conference – Reno, NV 13‐15Sep22,

b.) NTGCR Fall Conference – Milwaukee, WI 27‐29Sep22,

c.) G2E 2022 Conference & Tradeshow – Las Vegas, NV 11‐13Oct22,

d.) 79th NCAI Conference – Sacramento, CA 30Oct‐04Nov22, and

e.) IGA Mid‐Year Conference and Expo – Ft. McDowell, AZ 14‐16Nov22.

Simply stated, there is no need to rush these proposed significant changes through with a mere

thirty (30) day review process.  Tribes require more time to further evaluate the impact these

proposed changes will have and our ability to adequately prepare and potentially revise our own

regulations and ordinances, as necessary.  The TBTGC appreciates the NIGC’s commitment to

provide for the best possible regulations to maintain the highest degree of integrity, honesty,

and security of tribal gaming, as well as, providing a positive and strong relationship between

the sovereign.  

Yours truly, 

Rudolph H. Wambsgans III 

Commissioner Chairman 

TBTGC 

CC: TBTGC x 3 

 TBTLA x 7 

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