National Indian Gaming Commission

Table Summarizing Regulatory Changes – August 2013

Part 25 CFR TITLE ACTION TAKEN

501 Purpose and Scope None

502 Definitions of this Chapter Adds Subpart 

(§502.24)

Removes Subpart 

(§502.22)

Adds definition of “enforcement action” as any 

action sought by the Chair under 25 U.S.C. § 

2713 for a violation of IGRA, the NIGC 

regulations or tribal regulations, ordinances or 

resolutions. 

Removes definition entitled “Construction and 

maintenance of the gaming facility, and the 

operation of that gaming is conducted in a 

manner which adequately protects the

environment and public health and safety.” 

503 Paperwork Reduction Act None

513 Debt Collection None

514 Fees Revises Part Amends part to require the submission of fees 

and fee worksheets on a quarterly basis rather 

than bi-annually; to require gaming operations

to calculate fees based on an operation’s fiscal 

rather than calendar year; to include certain 

language to better reflect industry usage; to 

establish a schedule for assessing fees and fee 

worksheets submitted up to 90 days late; and to 

establish a payment process for fingerprinting 

fees.

515 Privacy Act Procedures None

516 Testimony of current and former 

NIGC staff

None

517 Freedom of Information Act 

Procedures

None

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National Indian Gaming Commission

Table Summarizing Regulatory Changes – August 2013

518 Self-Regulation of Class II Gaming Revises Part Clarifies and streamlines the process for the 

review and approval of petitions seeking the 

issuance of a certificate for tribal self-regulation 

of Class II gaming.

519 Service None

522 Submission of Gaming Ordinance or 

Resolution

None

523 Review and Approval of Existing 

Ordinances

Repeals Part Repeals obsolete part relating to tribal gaming 

ordinances enacted prior to 1993 that were not 

yet submitted to the NIGC Chair. 

524 Appeals Removes Part Removes part and replaces with new appeals 

parts (see §§ 580, 581, 582, 583, 584 and 585).

531 Content of Management Contracts None

533 Approval of Management Contracts None

535 Post-Approval Procedures None

537 Background Investigations for Persons 

or Entities with a Financial Interest in, 

or Having Management Responsibility 

for, a Management Contract

Revises Part Adds requirement allowing Chair to exercise 

discretion as to permit a reduced scope of 

background investigations for certain entities; 

provides for suspension of investigations for 

unpaid costs and return of deposit balances once 

investigations are completed or terminated; and 

provides that the Chair will determine whether 

the results of a background investigation 

preclude the Chair from approving a 

management contract. 

539 Appeals Removes Part Removes part and replaces with new appeals 

parts (see §§ 580, 581, 582, 583, 584 and 585).

542 Minimum Internal Control Standards None

543 Minimum Internal Control Standards Revises Part Revisions to this part were extensive and cannot 

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National Indian Gaming Commission

Table Summarizing Regulatory Changes – August 2013

for Class II Gaming be adequately summarized here.

547 Minimum Technical Standards for 

Class II Gaming Systems and 

Equipment

Revises Part Revisions to this part were extensive and cannot 

be adequately summarized here.

556 Background Investigations – Key 

Employees

Revises Part Revisions to reflect the Pilot Program between 

the NIGC and tribes. To this end, they require 

tribes submit a notice of results of the 

background investigations of primary 

management officials and key employees to the 

NIGC. The NIGC must be notified of the results 

of the background investigation before a license 

is issued and within 60 days of an individual 

beginning employment. The notice of results 

must include the applicant’s name, date of birth, 

social security number, date on which they 

started work, a summary of the information in 

the investigative report, and a copy of the 

eligibility determination. The summary in the 

NOR must include: previously denied licenses, 

any revoked licenses, any known criminal 

charge brought within ten years of the 

application, and every felony conviction or 

ongoing prosecution. Applications, investigative 

reports, and eligibility notifications must be 

retained for three years from the date of 

termination of employment. The Privacy Act 

notice and the notice regarding false statements 

on all license application forms must be updated 

by the end of August, 2013. Existing primary 

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National Indian Gaming Commission

Table Summarizing Regulatory Changes – August 2013

management officials and key employees are 

required to either complete a new application 

form containing these notices or sign a 

statement that contains the Privacy Act notice 

and consent to the routine uses described in the 

notice. Any new amendments to tribal gaming 

ordinances (submitted after February 25, 2013), 

must comply with the amended regulations.

558 Gaming Licenses Revises Part Revisions address the issuance of licenses to 

key employees and primary management 

officials. NIGC must be notified when a license 

is issued, within 30 days of its issuance. This 

notification must be made subsequent to the 

notification regarding the background 

investigation results. Additionally, tribes must 

notify the NIGC if a license is not issued. Tribes 

are also required to notify the NIGC, after 

license revocation hearings, of decisions to 

either revoke or reinstate a gaming license. 

Such notification must occur within 45 days of 

receiving the initial notification from the NIGC 

that an applicant may be ineligible for licensure. 

Any new amendments to tribal gaming 

ordinances (submitted after February 25, 2013), 

must comply with the amended regulations.

559 Facility License Notifications and 

Submissions

Revises Part Amends part to provide for an expedited NIGC 

review to confirm a tribe’s submission of

facility license information; to require tribes to 

provide the NIGC a copy of the license within 

30 days of issuance and renewal; to require 

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National Indian Gaming Commission

Table Summarizing Regulatory Changes – August 2013

Removes Subpart 

(§502.22)

tribes to notify the NIGC within 30 days if a 

facility license is terminated, expires, or the 

facility closes or reopens; to limit the 

submission of information relating to the 

construction, maintenance and operation of a 

gaming facility to an attestation; and to allow

seasonal or temporary closures of less than 180 

days without the need for a notice. 

Removes definition about construction and 

maintenance of gaming facilities. 

571 Monitoring and Investigations Adds Subpart 

(§571.4)

Allows the NIGC staff to send investigation 

completion letters when they will not 

recommend enforcement action, but does not 

preclude the NIGC from reopening an 

investigation or initiating a future enforcement 

action. 

573 Compliance and Enforcement Revises Part

Adds Subpart 

(§573.2)

Amends the existing enforcement process to 

include a graduated pre-enforcement process

during which a tribe may come into voluntary 

compliance. Details when the Chair may issue a 

notice of violation or temporary closure order, 

and defines when an enforcement action 

becomes a final agency action.

Allows the NIGC staff issue a letter of concern 

to tribes or other entities detailing compliance 

issues prior to recommending the initiation of an 

enforcement action. 

575 Civil Fines None

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National Indian Gaming Commission

Table Summarizing Regulatory Changes – August 2013

580 Rules of General Application in 

Appeal Proceedings Before the 

Commission

New Part Includes definitions, sets forth the burden of 

proof and standard of review, requires a 

statement of findings and conclusions for all 

final Commission decisions, provides for 

resolution of an appeal if the Commission does 

not issue a majority decision, and clarifies the 

effect of an appeal on challenged decisions.

581 Motions in Appeal Proceedings 

Before the Commission

New Part Allows an entity, other than a tribe, to 

participate in ordinance appeals. Sets out a 

process for filing motions to intervene, to 

supplement the record and/or for 

reconsideration with the Commission, and for 

filing motions with the presiding official.

582 Appeals of Disapprovals of Gaming 

Ordinances, Resolutions, or 

Amendments

New Part Applies only to NIGC disapprovals of gaming 

ordinances, resolutions or amendments. 

Establishes criteria for who may appeal and sets 

out the appeals process, applicable time frames, 

permissible motions and the process for limited 

participation by other entities in an appeal. 

583 Appeals from Approvals or 

Disapprovals of Management 

Contracts or Amendments to 

Management Contracts

New Part Applies only to approvals and disapprovals of 

management contracts and amendments. 

Establishes criteria for who may appeal and sets 

out the appeals process, applicable time frames 

and permissible motions. 

584 Appeals Before a Presiding Official of 

Notices of Violation, Proposed Civil 

Fine Assessments, Orders of 

New Part Applies to appeals where a party has requested 

a hearing before a presiding official prior to the 

Commission making a final decision. 

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National Indian Gaming Commission

Table Summarizing Regulatory Changes – August 2013

Temporary Closure, the Chair’s 

Decisions to Void or Modify 

Management Contracts, the 

Commission’s Proposals to Remove a 

Certificate of Self-Regulation, and 

Notices of Late Fees and Late Fee 

Assessments

Establishes criteria for who may appeal and sets 

out the appeals process, applicable time frames, 

permissible motions, and the process for 

participation and intervention by other entities. 

585 Appeals to the Commission on 

Written Submissions of Notices of 

Violation, Proposed Civil Fine 

Assessments, Orders of Temporary 

Closure, the Chair’s Decisions to Void 

or Modify Management Contacts, the 

Commission’s Proposals to Remove a 

Certificate of Self-Regulation, and 

Notices of Late Fees and Late Fee 

Assessments

New Part Applies to appeals before the Commission on 

written submissions. Establishes criteria for who 

may appeal and sets out the appeals process, 

applicable time frames, permissible motions and 

the process for participation and intervention by 

other entities. 

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