April 24, 2020

Dear Tribal Leader:

Many of you are now weeks into a full shutdown of your gaming operations and I want to 

commend you for making the health and safety of your employees and patrons a priority. I 

understand, though, that “closed” does not mean “idle.” Every tribe, tribal gaming regulatory 

authority, and tribal gaming facility is no doubt in the midst of ensuring that everything is lined 

up and ready to go when it is determined they can safely reopen. That date, of course, depends 

on several factors that vary from location to location. But regardless of when you reopen, being 

ready to reopen means not only that employees are in place and machines are turned on, but also

that everything that can be done to ensure the public health and safety at the operation has been 

done.

A number of resources are available as you and your colleagues identify preparations necessary 

to safely reopen tribally licensed gaming operations. Adequate preparation efforts are important

to the success of the Indian gaming industry. I join you in knowing that this success has always 

and will continue to include the public’s safety.

Reopening is a careful and measured decision you must make. As Indian gaming’s federal 

regulatory body, the National Indian Gaming Commission (NIGC) wants to provide you with 

information to help your planning efforts. As you consider reopening in the future, here are some 

resources that might aid in the decision-making process. 

President Trump has unveiled Guidelines for Opening Up America Again, a three-phased 

approach based on the advice of public health experts. These guidelines are available at 

https://www.whitehouse.gov/openingamerica. This resource relies on up-to-date data and an 

assessment of readiness in order to satisfy gating criteria before proceeding to a phased 

comeback at the local and regional levels.

The CDC also continues to update its website with helpful information to “help get and keep

America open.” It includes guidance geared specifically toward tribes, states, localities, and 

territories. This can be found at https://www.cdc.gov/coronavirus/2019-ncov/php/openamerica/index.html.
Partnerships and intergovernmental coordination at the local level are an additional resource. 

This resource provides an opportunity to anticipate and plan for potential outcomes before

reopening. Tribally driven coordination aids in the assessment of local health conditions and 

neighboring jurisdictions’ mitigation plans. 

The NIGC continues to update resources available at www.NIGC.gov. I am attaching to this 

letter guidance related to your planning for a re-opening. In addition, information related to 

preparation measures for reopening is available on the recently updated NIGC Frequently Asked 

Questions document. As operations and tribal regulatory bodies identify operational questions

and propose site specific solutions, the NIGC will continue to expand on how mitigation 

measures protect the public’s safety and ensure a fair gaming operation.

Tribal gaming regulatory bodies work closely with the NIGC. They are a proven body of 

knowledge and often entrusted with issuing gaming facility licenses as well as attesting to 

environmental, public health and safety. Their expertise can provide a unique perspective and 

help ensure compliance with regulatory expectations. Your tribe’s gaming regulatory body is an 

essential resource to involve in any planning process.

As you consider the appropriate measures necessary to reemerge from a temporary closure, your 

planning efforts are an opportunity to rebuild and emphasize your community’s ability to be 

prepared for the future. Preparedness will continue to be an area of focus for the NIGC’s work as 

we collaborate with you. I am grateful for your efforts as tribes promote local level planning that 

will continue to protect Americans. 

Sincerely,

E. Sequoyah Simermeyer

Attachment: NIGC Guidance, Updated April 24, 2020
Reopening Guidance for Temporarily Closed Indian Gaming Facilities

April 24, 2020

The National Indian Gaming Commission has created this guidance to assist gaming tribes, their 

tribal gaming regulatory authorities (TGRAs) and their gaming operations as they consider 

reopening their gaming operations following temporary closure due to COVID-19. Although 

each Tribe must decide for itself whether and when to reopen, the Indian Gaming Regulatory 

Act, NIGC regulations, and every approved tribal gaming ordinance requires that the gaming 

facility be operated in a way that does not jeopardize the public health and safety. This guidance 

is designed to help Tribes ensure this mandate is upheld as they consider reopening. 

In addition, because the NIGC also has an oversight role that includes the public health and 

safety, we have developed a COVID-19 Environment, Public Health and Safety (EPHS) 

Preliminary Assessment that our compliance staff will use to assess a gaming operation’s 

compliance with 25 C.F.R. part 559. That assessment document is attached to this guidance. The 

COVID-19 EPHS Preliminary Assessment’s focus is on EPHS and does not address specific 

internal controls or asset protection that should be considered when reopening. Those areas are 

addressed in this NIGC re-opening guidance. The Reopening Assessment can be used by the 

TGRA in conjunction with its own internal checklist or used as a building block to develop its 

own internal checklist. This assessment is not all-encompassing but, as designed, will give the 

NIGC and tribe, if they choose to use it, a quick assessment of the main areas of consideration 

with regards to facility licensing, EPHS attestation and other immediate considerations relative 

to the COVID-19 pandemic. No one item in the assessment is controlling, rather all of the factors 

listed are designed to be looked at as a whole, in context of the particular gaming operation. The 

NIGC is providing this guidance to assist the tribe and its TGRA to prepare for reopening in a 

way that ensures the public health and safety of your gaming facilities.

The following guidance covers both regulatory requirements found in IGRA and NIGC 

regulations as well as best practices and suggestions to ensure that the gaming operation is 

reopened and operated in a way that ensures the health and safety of employees and patrons. This 

information will be updated as necessary.
Regulatory and Staffing Concerns

1. The NIGC requests that tribes notify the NIGC of their intent to reopen a gaming 

operation. 

2. Review Tribal Gaming Ordinance for any regulatory staffing and quorum requirements. 

3. Ensure all key regulatory and licensed gaming positions are filled to ensure compliance 

with applicable regulations and control over the gaming operation. Critical regulatory 

positions may include: Surveillance Operators, Inspectors/Compliance Officers, Auditors, 

and Investigators. 

4. Review and assess compliance with MICS, TICS and SICS prior to opening. See 25 

C.F.R. § 543.

5. Verify that outsourced accounting and/or internal audit contractors are operational and 

ready for resumption of services. See 25 C.F.R. § 571.12; 25 C.F.R. § 543.

6. Review submissions due to the NIGC during the closed period and submit any 

outstanding submissions accordingly (licensing, audits, fees, etc.) including facility 

license and EPHS certifications. See 25 C.F.R. § 556; 25 C.F.R. § 558; 25. C.F.R. § 559; 

25 C.F.R. 571.12; 25 C.F.R. 543.

7. Assess current licensing schedules, including renewals, and other decisions. Issues to be 

aware of under 25 C.F.R. §§ 556 and 558 include the 60-day NOR submission deadlines, 

30-day notification of License Issuance, and the requirements under 25 C.F.R. § 558.3(c), 

which prohibits a key employee or primary management official from working greater 

than 90 days without a gaming license. 

Public Health and Safety Recommendations (25 U.S.C. § 2710(B)(2)(e); 25 C.F.R. § 

522.2(i); 25 C.F.R § 522.4(b)(7); 25 C.F.R. § 559.4)

1. TGRAs and Operations should coordinate and implement measures to ensure public 

health and safety that may include patron and employee screening, personal protective 

equipment, physical and social distancing, sanitizing and cleaning plans and any 

necessary adjustments to internal controls (TICS/SICS). 

2. COVID-19 Training: All employees should receive training on COVID-19 safety and 

sanitation protocols. More comprehensive training may be necessary for Housekeeping, 

Cleaners, Food & Beverage and Security. Front and back of house signage could be 

posted reminding employees and patrons of protocols and hygiene reminders. 

3. Cleaning Protocols: Cleaning agents should be reviewed to ensure they meet EPA 

guidelines, are approved for use and are effective against COVID-19 and other viruses. 

The frequency of cleaning and sanitizing should be increased in all employee and public 

areas with an emphasis on high traffic areas and frequent contact surfaces. 

4. Employee Hand Washing: Correct hygiene and frequent hand-washing with soap is vital 

to help combat the spread of the virus. All employees should be instructed to wash their 

hands frequently, or use hand sanitizer when a sink is not available and after any of the 

following activities: using the restroom, sneezing, touching the face, blowing the nose, 

cleaning, sweeping, mopping, smoking, eating, drinking, entering and leaving the gaming 

floor, going on break and before or after starting a shift.
5. Hand Sanitizers: Hand sanitizer dispensers should be placed in various locations 

including patron and employee entrances, reception areas, lobbies, and casino floors.

6. Personal Protective Equipment (PPE): Determination should be made if PPE should be 

worn by employees based on their roles and responsibilities. If PPE is used by 

employees, training should be provided on how to properly use and dispose of all PPE. 

Determination should also be made with regards to patron use of PPE including face 

masks. The TGRA should review applicable ordinances, regulations, and/or policies and 

procedures regarding the use of face masks and consider making appropriate adjustments 

to TICS/SICS. 

7. Physical Distancing: Guests and employees should be advised to practice physical 

distancing by standing at least six feet apart, while standing in lines, using elevators or 

moving around the property. Restaurant tables, slot machines, gaming devices, table/card 

games, and other physical layouts should be arranged to ensure appropriate distancing. 

Considerations for Gaming Floor (25. C.F.R. §§ 543; 547)

1. Test internal and external network connectivity to ensure they are functioning properly, 

(e.g. firewalls for both networks are up and operational).

2. Test internet connectivity.

3. TGRAs and/or Operations should coordinate with vendors to ensure that systems and 

support are ready to resume operations.

4. Ensure gaming systems, including game servers, have been tested for connectivity and 

functionality, including wide area ball calls.

5. Test the player tracking system parameters to ensure integrity and proper operation of the 

system.

6. Review player tracking reports to identify any anomalies such as changes to player 

accounts and/or point adjustments while the casino was closed. Any discrepancies should 

be investigated to resolution. 

7. Test emergency systems including, but not limited to, smoke/fire alarms and backup 

generator(s).

8. Test information technology systems and backup data. 

9. Review ticket redemption, player point accruals, or coupon expirations, etc. to determine 

if expiration dates will be extended. 

10. Ensure any temporary VPN user accounts that were created during the emergency closure 

have been deactivated upon resumption of the gaming operations.

11. Ensure that all wide area and in-house progressive jackpot meters are correct and are 

properly posted for all gaming departments (gaming machines, poker, table games, etc.). 

Consideration for Surveillance and Security (25 C.F.R. § 543)

1. Test to ensure surveillance systems are functioning properly, including any back up 

power sources. 

2. Ensure all required camera views and recordings are available in accordance with 25 

C.F.R part 543.21. 
3. Ensure all previously deactivated electronic employee access privileges have been 

reactivated.

4. Test all electronic/electromagnetic locks to secure areas to ensure they are functioning 

properly.

5. If available, the TGRA should review the facility entry logs for non-authorized entry or 

suspicious activity during the time period the operation was closed.

Considerations for Cage/Vault and Revenue Audit (25 C.F.R § 543) 

1. Ensure required minimum cash (See TGRA approved minimum bank role formula) is on 

site in accordance with 25 C.F.R § 543.18(c)(4) 

(https://www.nigc.gov/images/uploads/checklists-andworksheets/MinimumBankrollVerification02192018.xlsx)

2. Reconcile and fill ATMs, kiosks, and cash recyclers if previously emptied.

3. If ATMs, kiosks, and cash recyclers were not dropped prior to closing, funds should be 

reconciled and verified.

4. Count and verify vault and cage inventories. 

5. Emergency and/or final drop proceeds should be reconciled and verified. 

6. Audits of assets left in place should be conducted for the period the operation was closed 

e.g. pull tabs, controlled (sensitive) keys, cheques, cards, dice, bingo paper, gaming 

devices, pre-numbered forms, monetary instruments and other secure inventory items as 

appropriate. 

7. Consideration should be given to the regular monthly and quarterly inventories required 

under 25 C.F.R. part 543.24.

8. Audits of non-gaming inventories such as food and beverage, alcohol storage, gift shops, 

etc. should be conducted. 

9. After restoration of the accounting system has been conducted, a review of data should be 

conducted to identify any potential fraudulent or unauthorized activity.

10. All variances should be fully investigated to resolution.

COVID-19 Preliminary Assessment

Tribe: TGRA POC Name/Number:

Casino Name: Casino POC Name/Number:

Projected Opening Date: NIGC Compliance Officer:

Date Notified of Reopening: Class II________ Class III______

Applicable NIGC Regulations
25 CFR §559.1 What is the scope and purpose of this part?

(a) The purpose of this part is to ensure that each place, facility, or location where class II 

or III gaming will occur is located on Indian lands eligible for gaming and obtains an 

attestation certifying that the construction and maintenance of the gaming facility, and the 

operation of that gaming, is conducted in a manner that adequately protects the 

environment and the public health and safety, pursuant to the Indian Gaming Regulatory 

Act.

(b) Each gaming place, facility, or location conducting class II or III gaming pursuant to 

the Indian Gaming Regulatory Act or on which a tribe intends to conduct class II or III 

gaming pursuant to the Indian Gaming Regulatory Act is subject to the requirements of this 

part.

25 CFR §559.4 What must a tribe submit to the Chair with the copy of each facility 

license that has been issued or renewed?

A tribe shall submit to the Chair with each facility license an attestation certifying that by 

issuing the facility license, the tribe has determined that the construction and maintenance 

of the gaming facility, and the operation of that gaming, is conducted in a manner which 

adequately protects the environment and the public health and safety. This means that a 

tribe has identified and enforces laws, resolutions, codes, policies, standards or procedures 

applicable to each gaming place, facility, or location that protect the environment and the 

public health and safety, including standards, under a tribal-state compact or Secretarial 

procedures.

25 CFR §559.6 May the Chair require a tribe to submit applicable and available 

Indian lands or environmental and public health and safety documentation regarding 

any gaming place, facility, or location where gaming will occur?

A tribe shall provide applicable and available Indian lands or environmental and public 

health and safety documentation requested by the Chair.

Applicable Approved Tribal Gaming Ordinance Section(s) :

1

Applicable Tribal-State Gaming Compact Section(s):2

The NIGC interpretive rule regarding IGRA’s environment, public health, and safety 

mandate (Federal Register at 67 Fed. Reg. 46109 (July 12, 2002)):

Reopening Questions Related to 

EPH&S Y N N/A Notes

1

Does the TGRA attest that there is no 

longer a threat to public health and safety? 

Identify approving official.

2 Have all applicable tribal and/or federal 

restrictions on businesses and/or 
individual gatherings related to the 

COVID-19 Pandemic been lifted or 

amended that allow for reopening? Please 

list any existing or amended restrictions.

3

Are there local, county, or State 

restrictions on businesses and/or 

individual gatherings related to the 

COVID-19 pandemic that have been 

determined to apply to the gaming 

operation and that are still in effect?3

4

If yes to #3, has the Tribe or TGRA 

reviewed those restrictions and made a 

determination as to how the Tribe may 

safely reopen?

5

Are there other existing local, county, or 

State restrictions on businesses and/or 

individual gatherings related to the 

COVID-19 pandemic?4

6

Has the TGRA identified and does 

it have in its possession all EPHS 

standards applicable to the gaming 

facility?

7

Has the TGRA reviewed all the EPHS 

standards applicable to the gaming facility 

and can it attest that the facility meets or 

will meet the standards at the time of 

reopening?

8

Has the TGRA conducted or will it cause 

an inspection of the gaming facility to 

ensure the gaming facility meets the EPHS 

standards? List date, organization, contact 

information of inspector(s).

9

Do the standards identified in #8 include 

requirements that the gaming facility 

perform a deep cleaning to a prescribed 

standard?

10 Has the TGRA identified public health 

and/or EPHS experts to assist with 
inspections and identification of violations 

of the Tribe’s EPHS standards and 

instances of imminent jeopardy that may 

be caused due to the COVID-19 

Pandemic?

11

Do the standards identified in #8 

include requirements that the gaming 

facility perform a deep cleaning to a 

prescribed standard?

12

TGRA (or Tribe) adopted additional 

requirements/protocol to include 

inspection standards/schedules, use of 

notices, and enforcement actions, 

including temporary closure orders, to 

address the COVID-19 Pandemic?

13

Have changes to internal controls 

been approved by the TGRA and/or 

Casino to allow for personal protective 

equipment (PPE) to be worn by gaming 

facility staff and patrons such as 

masks and gloves? If yes, have 

existing/additional standards been 

identified/implemented to ensure that the 

new policies/procedures will protect 

against theft. For example, if allowing 

count room employees to use gloves, 

masks, or hoods, are there other 

TICS/SICS in place to ensure against 

theft?

14

Has the TGRA developed or adopted 

current monitoring, testing and reporting 

mechanisms to address COVID-19 

Pandemic rules approved by the TGRA? 

Describe.

15

Does the TGRA and Casino have the 

appropriate staff to ensure internal control 

and compliance with applicable 

regulations?
16

Has the TGRA implemented any 

social/physical distancing measures within 

the gaming facility that are consistent with 

CDC guidelines?

17

Has the gaming facility adopted

protocol to address instances where staff 

or patrons report or display symptoms of 

COVID-19? Has the gaming facility 

adopted protocol to address instances 

where staff or patrons test positive for 

COVID-19? Is there a source of protocol 

or was the protocol developed internally?

18

Has the Tribe or TGRA determined what 

indicator(s) will signal consideration 

for reclosing the gaming facility?

19

Has the TGRA/Casino tested emergency 

service systems (fire alarms, sprinklers, 

etc.)?

20

Has the TGRA confirmed the gaming 

facility will have adequate emergency 

services response (fire, EMS, police) from 

the agencies previously designated as first 

responders prior to COVID-19 

Pandemic? Has TGRA ensured agencies 

can and will respond to calls at the gaming 

facility.

21 Will areas of the gaming facility remain 

closed?

22

Will the TGRA and Casino continue to 

monitor and prepare for the possibility of a 

subsequent wave of COVID-19 

outbreaks? Describe preparedness plan.

23 Is the TGRA or Operation requesting 

any preopening technical assistance?