NIGC Proposed Rule Affecting Gaming Ordinance and Amendment Submission Requirements

To
National Indian Gaming Association Member Tribes
From

Ernie Stevens, Jr., Chairman
Jason Giles, Executive Director

re
NIGC Proposed Rule Affecting Gaming Ordinance and Amendment Submission Requirements
Date
December 16th, 2021

On December 9, 2021, the National Indian Gaming Commission (NIGC) published a proposed rule in the Federal Register that would amend the NIGC’s regulations controlling the submission of and approval requirements of tribal gaming ordinances and resolutions and amendments. This proposed rule was a subject of the NIGC’s Tribal Consultation Series A, held between July 12, 2021, and August 12, 2021.

Specifically, this proposed rule, if promulgated, would amend the NIGC’s regulations at 25 C.F.R. Part 522 by: 1) authorizing the submission of documents in electronic or physical form; 2) eliminating the requirement that a Tribal government provide copies of all gaming regulations with the submission of a gaming ordinance or resolution and amendments thereof; 3) requiring that Tribal governments submit copies of its constitution, governing documents, or its authority to enact the submitted ordinance or resolution; and 4) clarifying that the 90-day deadline for the NIGC Chair’s ruling begins upon receipt of a complete submission. Finally, this proposed rule would establish a new regulatory section in Part 522 that sets forth the process and requirements of submitting an amendment to a gaming ordinance or resolution.

Comments to this proposed rule must be submitted no later than January 10, 2021. This proposed rule, as published in the Federal Register, may be found here.

If you have any questions concerning this alert, please contact Danielle Her Many Horses at dhermanyhorses@indiangaming.org.