TO: Indian Gaming Association Member Tribes

FROM: David Z. Bean, Chairman
Jason Giles, Executive Director
Danielle Her Many Horses, Deputy Director/General Counsel

RE: Update to NIGC Final Rule on Facility License Notification Timelines

Date: December 12, 2025

The National Indian Gaming Commission (“NIGC”) has withdrawn the direct final rule modifying the deadline for tribes submitting a notice of intent to issue a new facility license. The final rule would have repealed the 120-day notice requirement and would have instead required that the tribe submit  notice of facility license consideration at any time before opening.  When it issued the direct final rule in September 2025, the NIGC stated that if significant adverse comments were received by October 29, 2025, the final rule would not take effect.  Because the NIGC received adverse feedback on the final rule, the rule has since been withdrawn.        

In its notice of withdrawal, the NIGC noted that the agency may issue a notice of proposed rulemaking in the future in an effort to repromulgate the withdrawn rule. In doing so the NIGC agreed to address the adverse comments received by the September 2025 final rule. 

The withdrawal of the direct final rule is effective as of November 24, 2025. The final rule, as published in the Federal Register, may be found here: https://www.govinfo.gov/content/pkg/FR-2025-11-26/pdf/2025-21347.pdf.

Please contact Danielle Her Many Horses at dhermanyhorses@indiangaming.org with any questions or concerns regarding this Alert.