SUMMARY: The National Indian Gaming Commission (NIGC) has amended its fee regulations by requiring Tribes to submit their fees and fee statements on a quarterly basis.

CARSON CITY — In a decision with far-reaching impact on the state budget and casino balance sheets, the Nevada Tax Commission ruled Monday that casinos must pay sales tax on comped meals given to players and their employees.

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State: Indian casinos owe more money

Millions on the line in long-simmering dispute

Updated: Thursday, 27 Oct 2011, 4:12 PM MDT
Published : Tuesday, 25 Oct 2011, 10:54 PM MDT

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ALBUQUERQUE (KRQE) - While New Mexico’s Indian casinos paid the state nearly $64 million in taxes during the last fiscal year, a state official said it should have been more.

“The amount of money that we speculate is owed is substantial,” said David Norvell, chairman of the New Mexico Gaming Control Board. “We estimate it’s somewhere in the neighborhood of $15 million.”

Norvell, a former New Mexico attorney general, said the dispute centers on players who receive comped or free play at the casinos.

“We believe the money they win should be counted for under their revenue share,” he said.

The dispute may go back to the establishment of Indian casino gaming in the state in 2001 and it may involve more or less than $15 million, Norvell said. However, the gaming board doesn’t know for sure on either point because the tribes refuse to turn over records that would clarify those details, he said.

News 13 called all 14 tribes who own casinos in the state, but none of them returned those calls.

Asked what the tribes think of the gaming board’s interpretation, Norvell said, “Well, they don’t agree with it.”

Now, the gaming board wants to know who’s right. So Norvell recently told the Legislative Finance Committee that he may need up to $1 million to pay for arbitrators to decide the case.

The casinos would also have to pay their share of the arbitration.

However, the state’s extra money – if it exists – won’t be available anytime soon. The arbitration process hasn’t even begun yet and Novell said he doesn’t know how long the process will last.

SUMMARY: The National Indian Gaming Commission (NIGC) proposes to amend its fee regulations by requiring tribes to submit their fees and fee statements on a quarterly basis, basing the fee calculation on the gaming operation’s fiscal year, establishing an assessment for fees submitted one to 90 days late, and establishing a fingerprinting fee payment process.

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VIENNA, Va. – In an effort to improve efficiency, reduce costs for the financial industry, and enhance the ability of investigators, analysts, and examiners to gain better and more timely access to important financial information, the Financial Crimes Enforcement Network (FinCEN) announced today a proposal that FinCEN reports required under the Bank Secrecy Act (BSA) be filed electronically as from June 30, 2012. Comments on this proposal are welcome for 60 days after its publication in the Federal Register.

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The National Indian Gaming Commission (‘‘NIGC’’) announces the delay of the effective date on the final rule for Minimum Internal Control Standards for Class II Gaming. The final rule was first published in the Federal Register on October 10, 2008. The Commission delayed the effective date for portions of the final rule on October 9, 2009, and September 10, 2010. With this document, the Commission further delays the effective date in order to allow the Commission time to convene a Tribal Advisory Committee (TAC), to receive and review input from the TAC, and to thoroughly review comments from the public on any potential amendments to the regulations.

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Washington, DC, August 10, 2011 — The National Indian Gaming Commission (NIGC/Commission) announced today that it is forming a Tribal Advisory Committee (TAC) to assist in the review of Minimum Internal Control Standards and Technical Standards. A thorough examination of the MICS and Technical Standards is an essential element of the regulatory review initiative that the Commission began in November, 2010. The Commission believes a TAC would provide valuable input and practical insight to the regulatory review initiative. "During the 11 consultations held since April, Tribes have expressed their concern with how the Commission will review the MICS. We want to ensure that our review of this very technical area is comprehensive and results in well-informed decision-making." Chairwoman Stevens explained. “Technical regulations such as the MICS and Technical Standards should draw from the expertise of tribal regulators so that the Commission may arrive at fully considered and informed rules.”

Tribes are asked to nominate tribal representatives for membership on the TAC by September 16, 2011. TAC members will serve for one year but the NIGC anticipates the TAC’s work to be completed by March 31, 2012 in order for a final rule to be issued in late summer 2012.

AGENCY: National Indian Gaming Commission.

ACTION: Notice.

SUMMARY: Notice is hereby given, pursuant to 25 CFR 514.1(a) (3), that the National Indian Gaming Commission has adopted final annual fee rates of 0.00% for tier 1 and 0.074% (.00074) for tier 2 for calendar year 2011. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation under 25 CFR part 518, the final fee rate on class II revenues for calendar year 2011 shall be one-half of the annual fee rate, which is 0.037% (.00037).

Washington, DC May 19, 2011 — National Indian Gaming Commission (NIGC) Chairwoman Tracie L. Stevens issued a notice of violation (NOV) against Bettor Racing, Inc. (Bettor Racing); its owner, J. Randy Gallo; and the Flandreau Santee Sioux Tribe (Tribe). The NOV was issued against Bettor Racing and J. Randy Gallo for managing without an approved contract, managing under unapproved modifications to a management contract, and possessing a proprietary interest in the gaming activity. The NOV was issued against the Tribe for allowing Bettor Racing and J. Randy Gallo to manage without an approved contract, operating under unapproved modifications to the management contract, using net revenues to pay bonuses in excess of an approved management contract, and for not submitting management letters to NIGC.

514.1 Annual fees.

(a) Each gaming operation under the jurisdiction of the Commission shall pay to the Commission annual fees as established by the Commission. The Commission, by a vote of not less than two of its members, shall adopt the rates of fees to be paid.