NIGC COVID-19 Outreach Guidance Call Report • September 28, 2020 1

COVID-19 Commission Outreach, Guidance and Informational Series 

– Summary Report 

National Indian Gaming Commission

Executive Summary

The National Indian Gaming Commission (NIGC) 

recently completed its COVID-19 Commission 

Outreach, Guidance and Information serieswhich 

took place during the months of May through August 

2020. During these eight (8) sessions the NIGC 

invited Indian gaming associations and organizations 

to ask questions and provided an open venue for a 

discussion on the issues facing Indian gaming as a 

result of the COVID-19 pandemic. These sessions 

were open to tribal leadership, gaming regulators 

and operations personnel.

Over 1,000 participants, with representatives from 

143 tribes, representing approximately 57% of the 

Indian gaming industry attended these sessions. This 

report memorializes the topics and answers discussed 

during these sessions and will be made available to

any tribal, state or government agency. A number of 

major tribal gaming organizations participated and 

contributed to the success of these sessions (See 

Figure 1). 

Figure 1: Commission Outreach Impact

Participating Organization Attendance

National Indian Gaming Association 

(NIGA)

156

Oklahoma Indian Gaming Association 

Oklahoma Tribal Gaming Regulators 

Association (OIGA/OTGRA)

155

United Tribes Gaming Association 

Wisconsin Gaming Regulators 

Association (UGTA/WGRA) 107

New Mexico Association of Indian 

Gaming Commissions (NMAIGC) 76

NIGC Overview

The National Indian Gaming 

Commission (NIGC) was 

created in 1988 with the 

passage of the Indian 

Gaming Regulatory Act 

(IGRA), which was enacted to 

support and promote tribal 

economic development, selfsufficiency, and strong tribal 

governments through the 

operation of gaming on 

Indian lands. The Act 

provides a statutory basis for 

the federal regulation of 

Indian gaming. IGRA 

establishes the Commission 

to regulate and support tribal 

gaming as a means of 

generating revenue for tribal 

communities. See 25 U.S.C. §

2704.

NIGC serves 247 federally 

recognized tribes that consist 

of 502 Indian gaming 

operations in 29 States.
NIGC COVID-19 Outreach Guidance Call Report • September 28, 2020 2

8 Outreach Guidance Calls

1,076 Participants

143 Tribes represented

12 hours of Guidance

Multiple questions identified 

and answered.

All NIGC Regions 

represented

Continued efforts and 

guidance to come from the 

NIGC while the industry 

recovers, rebuilds, and 

reconnects.

National Tribal Gaming Commissioners & 

Regulators (NTGCR)

Washington Indian Gaming Association 

(WIGA)

California Nations Indian Gaming 

Association (CNIGA)

Arizona Indian Gaming Association 

(AIGA)

121

163

157

141

 Total 1,076

Summary of Topics

During the course of these outreach sessions,

organizations and associations were invited to submit a 

list of questions asked by their membership. The 

Commission then reviewed these questions and, if 

similar in nature, combined the questions to provide for 

a more consistent response. A summary of the 

questions and answers is below in Appendix A.

NIGC GUIDANCE ON COVID-19 & CJIS

The Commission and invited guests identified and 

answered five essential questions pertaining to resuming 

operations during the COVID-19 pandemic and 

complying with the FBI’s Criminal Justice Information 

Services (CJIS) requirements. These questions 

discussed the resources the NIGC created and 

implemented throughout the pandemic and explained 

the purpose of the guidance and resource tools. The 

NIGC shared regulatory deadline expectations in effect 

during this pandemic and explanations of audit 

processes, training, technical assistance and steps to 

ensure CJIS compliance. 

EPHS REQUIREMENTS

With respect to Environmental, Public Health and Safety 

(EPHS), two questions centered on what guidance the 

NIGC would provide and what resources are currently

available for tribes. EPHS Resources available to tribes 

include the NIGC’s model infectious disease plan;

sample emergency preparedness plans and checklists;

and best practices for mitigating the spread of COVID-
NIGC COVID-19 Outreach Guidance Call Report • September 28, 2020 3

ALTERNATIVE REVENUE 

REPLACEMENT & PAYOUTS

Extensive education on 

regulations relationship with 

the TGRA.

Guidance Resource 

documents available on the 

NIGC.gov website.

19. Some of the best practices discussions included the 

use of face masks, the use of personal protective 

equipment (PPE) and associated requirements, social 

distancing protocols, disinfecting and cleaning, patron 

and employee temperature checks, contact tracing, 

training, and informational signage to inform patrons

and employees. The need for proper training and 

contact tracing within the facilities was a constant theme 

throughout the discussions of each call. Each outreach 

session also included the recommendation to engage 

with local public health officials and to review tribal 

emergency declaration orders, local government 

emergency orders, and federal guidelines.

DECLINATION LETTERS, ALTERNATIVE REVENUE 

REPLACEMENT & PAYOUTS

Four questions centered on the declination letter process

as well as alternative payout processes. Over the series 

of sessions, the NIGC discussed its role in reviewing 

different types of gaming and provided guidance for 

acquiring new gaming such as sports betting. The 

discussion of declination letters focused on the process 

for submission to the NIGC, including a reminder that 

the NIGC Office of General Counsel will only review and 

provide a declination letter for unexecuted contracts. 

Since many gaming operations have experienced 

reduced staffing, the NIGC provided guidance on staffing 

necessary to fulfill regulatory requirements. The NIGC 

also provided guidance on operation staffing and the 

need to properly license employees to process payouts 

and other operational functions. Additional information

on these topics can be found in Appendix A.

EXTENSIVE EDUCATION ON REGULATIONS

Another important topic discussed was the desire to 

educate the public on the strength of the tribal gaming 

industry’s integrity and the controls that apply to Indian 

gaming in comparison to non-tribal gaming. As part of 

additional outreach and training, the Commission 

discussed its plans for virtual training and announced a 

forthcoming national virtual training conference that will 

include presentations on CJIS updates, Accounting and 

reporting considerations, IT threats, Mobile Gaming 

Overview, EPHS & Preparedness, and Q&A Panels.

RELATIONSHIP WITH THE TGRA
NIGC COVID-19 Outreach Guidance Call Report • September 28, 2020 4

The NIGC continues to provide guidance on COVID-19 

related matters through published guidance located on 

the NIGC website. Through continued communication 

with Tribes, the NIGC has been providing technical 

assistance based on guidance from health agencies and 

sharing best practices learned through ongoing review of 

public health and safety plans. The NIGC has created 

many guidance documents that are available on the 

NIGC website at www.nigc.gov.

The NIGC COVID-19 Preliminary Assessment is used by 

our region offices to assess local conditions and was 

made available to tribes to assist in their reopening 

plans. The reopening guidance covers IGRA and NIGC 

regulations and guidelines from public health agencies to 

ensure gaming operations reopen and operate in a 

manner that protects the health and safety of 

employees and patrons. 

NIGC Resource Documents

NIGC COVID-19 Outreach Guidance Call Resources

• NIGC COVID-19 Outreach Call Resource PowerPoint

Dear Tribal Leader Letters

• April 24, 2020 – Reopening resources with attached 

NIGC COVID-19 Reopening guidance, updated April 24, 

2020 

• April 17, 2020 – NIGC Budgetary Impacts from 

Coronavirus Pandemic and NIGC Resources and 

Responses with attached:

• March 20, 2020 – Available NIGC Resources with 

attached:

• March 16, 2020 – Temporary Casino Closures in relation 

to NIGC regulation 25 C.F.R. Part 559 with attached

• March 12, 2020 – NIGC Measures Regarding 

Coronavirus with attached

Frequently Asked Questions

• August 5, 2020 - Updated FAQs

• May 5, 2020 – Updated FAQs

• April 7, 2020 – Updated FAQs

• March 27, 2020 – Updated FAQs

• March 20, 2020 - FAQs

NIGC Resources

During the initial months of 

the pandemic the Indian 

Gaming Industry saw over 

99% of tribal gaming

operations close their doors. 

As result of the closures, 

the NIGC issued guidance to 

address and respond to 

tribal leaders and 

regulators’ questions on 

various topics. This 

guidance includes the 

following: five (5) Dear 

Tribal Leader Letters, two 

(2) checklists and 

assessments, one (1) press 

release, two (2) tribal 

resource documents, one 

(1) frequently asked 

questions document, one 

(1) industry info graphic. 

These resources and others 

are available on the NIGC 

website at www.nigc.gov.
NIGC COVID-19 Outreach Guidance Call Report • September 28, 2020 5

Checklists and Assessments

• May 5, 2020 - Updated NIGC COVID-19 Preliminary 

Assessment (Replaces the April 24, 2020 Assessment)

• March 16, 2020 - COVID-19 Facility Closure Checklist 

Press Release

• March 18, 2020 – NIGC Guidance Addresses COVID-19 

Decision Making, Agency health and continuity of 

operations.

Appendix A

NIGC Resources

Cont.
NIGC COVID-19 Outreach Guidance Call Report • September 28, 2020 6

*SUMMURIZED

NIGC GUIDANCE ON COVID-19 & CJIS

Question: The NIGC provided COVID guidance and resources. What are these documents’ purposes, how 

does the NIGC expect the documents to be used, and what can the NIGC do to help streamline communication 

around these documents?

Answer: The guidance that is being provided is from public health agencies such as the CDC to tribal gaming.

It is to assist in reopening tribal gaming facilities to mitigate the spread of COVID-19. Our region offices are 

utilizing the COVID-19 Preliminary Assessment to collect information. To be transparent and resourceful to 

tribes in developing their own checklist and reopening protocols, we decided to share the assessment tool.

NIGC GUIDANCE ON COVID-19 & CJIS

Question: The NIGC provided COVID guidance and resources. What are these documents’ purposes, how 

does the NIGC expect the documents to be used, and what can the NIGC do to help streamline communication 

around these documents?

Answer: The purpose of our guidance is to share information from public health agencies such as the CDC 

and to provide guidelines specific to tribal gaming that may assist in reopening tribal gaming facilities in a 

way that mitigates the spread of COVID-19. Within our guidance, the NIGC shared our COVID-19 

Preliminary Assessment that our region offices are using to collect information. This assessment tool was also 

shared in an effort to be transparent and to provide another resource to tribes for developing their own

checklist and reopening protocols.

Question: What is the focus of NIGC going to be this year? How will the focus as well as any deadlines be 

impacted by the uncertainty from COVID?

Answer: Our focus will be on special emphasis areas for Compliance. Areas such as CJIS compliance, which 

consists of audits, training, and technical assistance. Also in, EPHS/Preparedness, consisting of reviews, 

training and technical assistance. We will continue adjusting our procedures to perform our duties remotely 

and to minimize travel. Extensions to planned deadlines may be necessary as we continue to assess and 

monitor the challenges created by the pandemic.

Question: Has the NIGC’s work on CJIS changed during the pandemic?

Answer: There has not been any changes to the CJIS compliance during the pandemic for either the NIGC or 

the TGRAs. Being mindful of the many challenges, we continue to work with TGRA's to achieve CJIS 

compliance. For open facilities, we complete checklists remotely and providing technical help as needed. 

Available online is the CJIS Security Awareness Training. Information on how to register was sent to 

designated Local Agency Security Officer (LASO). The National Virtual Training Conference is being 

prepared for October with CJIS updates. Beta testing is being done on a Learning Management System. It will 

offer online/on-demand training opportunities across a broad range of topics including CJIS.

Question: Recently in Arizona, an Indian gaming operation reopened and then closed. What has the NIGC 

learned from that event? Is the NIGC going to update its guidance to reflect lessons that may have been 

learned?

Answer: We acknowledge many factors affecting the Indian gaming enterprise. An effective way of 

calculating or mitigating risks is not based upon length of being open and/or the size of an operation. In 
NIGC COVID-19 Outreach Guidance Call Report • September 28, 2020 7

Arizona, and across the country, a few operations reopened, and then closed. Although operations differ in 

size and location, the circumstances that presented themselves are the same, which caused the gaming 

facilities to close. 

It is important to have a contingency plan in the event a facility must close or deal with an outbreak. In the 

event of having a breakout or infected employees and/or patron, proactively having a strategy and plan in

place is essential and equally important before reopening. Key preventative measures to apply are temperature 

checks, symptom monitoring, and personal protective equipment. Contact tracing and other post-infection 

measures are vital to include.

EPHS REQUIREMENTS

Question: In the past, the NIGC has provided information about Environment, Health and Public Safety. In 

light of what is going on with COVID, will the NIGC provide formal guidance on this topic like it did with 

class III guidance in the past?

Answer: Yes, we are exploring ways to provide more guidance. The guidance currently available are sample 

infectious disease response and preparedness plans, sample emergency preparedness plans, and checklists. In 

addition, we are preparing to launch our Learning Management System which will include training on EPHS.

Question: Operators and regulators are looking for advice from the NIGC on how to make sure they stay 

open.

Answer: To remain open, follow the guidelines issued by NIGC and local public health agencies assessing 

their gaming operations. Prepare for an increased outbreak of COVID-19. Guidance for infectious disease 

control and contact tracing are being worked on. Reoccurring meetings with IHS/CDC are being held when 

issuing any new guidance. They are helping in reviewing any potential EPHS conditions where imminent 

jeopardy exists. The TGRA must consider suspending gaming operations if they cannot fulfill its regulatory 

responsibilities, or ensure the public health and safety of employees and patrons or if application of tribal laws 

warrants.

Strong mitigation practices and trainings should include:

PPE requirements: (Requiring employees and patrons to wear face masks).

Social distancing: (Following CDC guidelines of at least 6ft. closing off areas where social distancing cannot 

be maintained).

Training on how to disinfect: (Scheduled cleaning of high touch areas, cage, gaming devices, kiosk, ATM).

Temperature checks: (Temporary checks of patrons. Employees checked at least a couple times during shift).

Testing for COVID: (Testing procedures for returning employees. Testing employees who have been exposed. 

Requiring release of test results before returning to work).

Employee certifying of no symptoms: (Employees certifying that they have no symptoms associated with 

COVID before coming on duty. Some employees have used fever reducers to pass temperature testing).

Signage: (Adequate signage at entrances and throughout casino about PPE, social distancing and symptoms of 

COVID-19).

Enforcement of mitigation practices: (Casino and TGRA monitoring and enforcing compliance public health 

and safety protocols and mitigation efforts).

Training: (Temp readings, PPE, Contact tracing, cleaning etc.)
NIGC COVID-19 Outreach Guidance Call Report • September 28, 2020 8

Contact tracing within facility: (Utilizing technology such as surveillance, security, Players Club and logs to 

identify those exposed to virus. Casino and TGRA should establish relationship with local health agency).

Working with tribal, IHS and state health departments: (Sharing information with health departments to 

contact trace crucial in slowing spread of virus).

Identifying what conditions must be present to close a facility:

Tribal emergency declaration orders.

Local government emergency orders: (City, County State).

Lack of operation/regulatory staff: (If staffing levels fall below established threshold that poses a risk to EPHS 

or assets).

Federal guidelines: (CDC guidelines indicate businesses should close).

ALTERNATIVE REVENUE REPLACEMENT & PAYOUTS

Question: How is the NIGC taking into account cost savings that tribes are instituting during the pandemic?

Answer: Tribes had to make hard and fast cost saving decisions for the tribes, TGRA's and casinos. Savings 

such as the discontinuation of food and beverage services, events, tribal programs and more. We are 

continuing to provide guidance, technical assistance, and best practices to assist the Tribes in their COVID-19 

mitigation efforts.

Question: Many banks are limited on the coins they receive because of the Federal Reserve. Can NIGC do 

anything to help the impact this limitation has for cash on hand?

Answer: There is a limited availability of coin for distribution to banks and in turn to customers. This may 

affect larger facilities. For instance, Winstar using something like $45,000 in coin per day. Other large casinos 

may also have similar issues with getting enough coin from their banking institutions.

Potential suggestions to offset bank availability for coins at an operational level could include:

• Encourage employees to cash in personal coin at the cage

• If not already, encourage employees to cash in coin tips for cash

• If technology is available in the cage, issue credit tickets for coin

Encourage customers to transfer credits to their player’s club card. If technology and specific instances allow, 

they could also have "change" from other purchases transferred to the player’s club card.

There is nothing in our MICS that would prevent those things from occurring. Tax considerations still exist 

for Employee tips. They would need to ensure those reporting/recording protocols are still in place.

Question: Tribes expect to continue to face diminished returns and will need to look at alternatives like sports 

betting to replace lost revenue. What role will the NIGC play if tribes look to alternatives like sports betting?

Answer: The Office of the General Counsel explained the Declination process. Contracts must not be 

executed. Areas of concern and problematic language in contracts. More information is in our Bulletin No. 

2020-1 on our website.

Question: With reduced staff, operators are looking for guidance on how to streamline jackpot and other 
NIGC COVID-19 Outreach Guidance Call Report • September 28, 2020 9

payout processes. Does the NIGC have any recommendations?

Answer: The operation should look at the current internal controls regarding payouts, jackpots, and see where 

the COVID-19 risk lies. If they can reduce the TICS while staying in bounds with MICS, they can do so. If 

they need an alternate standard, we can work with them to identify controls that may serve the overall purpose 

of the NIGC MICS while addressing the virus risk. 

If staffing is an issue, the operation could consider adding additional staff with verification level authority to 

meet the signature threshold for jackpots. This could be done by cross training different positions and 

employees with the appropriate gaming license could fill in as slot attendants. The operation and TGRA may 

need to adjust TICS and or position descriptions and be mindful this would likely be considered a KEY duty 

and the individual may need to go through the additional background investigation processes if their position 

was not previously considered Key or a Primary Management Official.

EXTENSIVE EDUCATION ON REGULATIONS

Question: In some areas or the Northern Plains there has been rapid expansion of state authorized electronic 

pull-tab games. This expansion is undermining tribal gaming operations. How can the NIGC educate the 

public about the strength of the tribal gaming industry’s integrity and the rigorous regulatory controls that 

apply to Indian gaming but do not apply to non-tribal gaming?

Answer: The NIGC will look to provide more information on the strength of the tribal gaming industry’s 

integrity and regulatory structures. NIGC Bulletins contained on our website site may also be helpful in 

explaining and communicating various regulatory items. 
NIGC COVID-19 Outreach Guidance Call Report • September 28, 2020 1