Facility License Notifications
| Published date | 01 December 2021 |
| Record Number | 2021-25845 |
| Section | Proposed rules |
| Court | National Indian Gaming Commission |
Federal Register, Volume 86 Issue 228 (Wednesday, December 1, 2021)
[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Proposed Rules]
[Pages 68200-68202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25845]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 559
RIN 3141-AA76
Facility License Notifications
AGENCY: National Indian Gaming Commission.
ACTION: Proposed rule.
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SUMMARY: The National Indian Gaming Commission proposes to amend our
facility license notifications. The proposed rule would modify the
requirement that facility license notice submissions include a name and
address of the proposed gaming facility. Specifically, the National
Indian Gaming Commission would require the submission of the name and
address of the property only if known when the facility license
notification is submitted to the NIGC Chair. The Commission proposes
this action to assist tribal governments, and tribal gaming regulatory
authorities that face challenges in meeting the regulatory requirement
in instances where a facility has not been issued a name or address.
DATES: The agency must receive comments on or before January 3, 2022.
ADDRESSES: You may send comments by any of the following methods:
[[Page 68201]]
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Email: [email protected].
Mail: National Indian Gaming Commission, 1849 C Street NW,
MS 1621, Washington, DC 20240.
Fax comments to: National Indian Gaming Commission at 202-
632-0045.
Hand Delivery: National Indian Gaming Commission, 90 K
Street NE, Suite 200, Washington, DC 20002, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Rea Cisneros, National Indian Gaming
Commission; Telephone: (202) 632-7003.
SUPPLEMENTARY INFORMATION:
I. Comments Invited
Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments as they
may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal.
II. Background
The Indian Gaming Regulatory Act (IGRA or Act), Public Law 100-497,
25 U.S.C. 2701 et seq., was signed into law on October 17, 1988. The
Act establishes the National Indian Gaming Commission (NIGC or
Commission) and sets out a comprehensive framework for the regulation
of gaming on Indian lands. On February 1, 2008, the NIGC published a
final rule in the Federal Register called Facility License
Notifications and Submissions, 73 FR 6019. The rule amended the then-
current facility license regulations to provide for an expedited review
to confirm a tribe's submittal of facility license information; to
require notice to the NIGC when a tribe issues, renews, or terminates a
facility license; to streamline the submittal of certain information
relating to the construction, maintenance, and operation of a gaming
facility; and to provide that a tribe need not submit a notification of
seasonal or temporary closures of less than 180 days.
III. Development of the Proposed Rule
On, June 9, 2021, the National Indian Gaming Commission sent a
Notice of Consultation announcing that the Agency intended to consult
on a number of topics, including proposed changes to the Facility
License notifications and submission requirements. Prior to
consultation, the Commission released proposed discussion drafts of the
regulations for review. The proposed amendments to the regulations were
intended to implement flexibilities for a tribe to submit the
notification of a new facility if the facility does not have an
existing physical address at the time of submission.
The Commission held two virtual consultation sessions in July 2021
to receive tribal input on the possible changes. The Commission
reviewed all comments and now proposes these changes which it believes
will allow Tribes greater flexibility in submitting facility license
notifications and afford the Agency greater efficiency in processing
the applications.
III. Regulatory Matters
Regulatory Flexibility Act
The proposed rule will not have a significant impact on a
substantial number of small entities as defined under the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. Moreover, Indian Tribes are not
considered to be small entities for the purposes of the Regulatory
Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
The proposed rule is not a major rule under 5 U.S.C. 804(2), the
Small Business Regulatory Enforcement Fairness Act. The rulemaking does
not have an effect on the economy of $100 million or more. The
rulemaking will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, local government
agencies or geographic regions. Nor will the proposed rule have a
significant adverse effect on competition, employment, investment,
productivity, innovation, or the ability of the enterprises, to compete
with foreign based enterprises.
Unfunded Mandate Reform Act
The Commission, as an independent regulatory agency, is exempt from
compliance with the Unfunded Mandates Reform Act, 2 U.S.C. 1502(1); 2
U.S.C. 658(1).
Takings
In accordance with Executive Order 12630, the Commission has
determined that the proposed rule does not have significant takings
implications. A takings implication assessment is not required.
Civil Justice Reform
In accordance with Executive Order 12988, the Commission has
determined that the proposed rule does not unduly burden the judicial
system and meets the requirements of sections 3(a) and 3(b)(2) of the
Order.
National Environmental Policy Act
The Commission has determined that the proposed rule does not
constitute a major federal action significantly affecting the quality
of the human environment and that no detailed statement is required
pursuant to the National Environmental Policy Act of 1969, 42 U.S.C.
4321, et seq.
Paperwork Reduction Act
The information collection requirements contained in this proposed
rule were previously approved by the Office of Management and Budget as
required by 44 U.S.C. 3501, et seq., and assigned OMB Control Number
3141-0012.
Tribal Consultation
The National Indian Gaming Commission is committed to fulfilling
its tribal consultation obligations--whether directed by statute or
administrative action such as Executive Order (E.O.) 13175
(Consultation and Coordination with Indian Tribal Governments)--by
adhering to the consultation framework described in its Consultation
Policy published July 15, 2013. The NIGC's consultation policy
specifies that it will consult with tribes on Commission Action with
Tribal Implications, which is defined as: Any Commission regulation,
rulemaking, policy, guidance, legislative proposal, or operational
activity that may have a substantial direct effect on an Indian tribe
on matters including, but not limited to the ability of an Indian tribe
to regulate its Indian gaming; an Indian tribe's formal relationship
with the Commission; or the consideration of the Commission's trust
responsibilities to Indian tribes.
Pursuant to this policy, on June 9, 2021, the National Indian
Gaming Commission sent a Notice of Consultation announcing that the
Agency intended to consult on a number of topics, including proposed
changes to the management contract process.
List of Subjects in 25 CFR Part 559
Gambling, Indian--lands, Indian--tribal government, Reporting and
recordkeeping requirements.
Therefore, for reasons stated in the preamble, 25 CFR part 559 is
amended as follows:
[[Page 68202]]
PART 559--FACILITY LICENSE NOTIFICATIONS
0
1. The authority citation for part 559 continues to read as follows:
Authority: 25 U.S.C. 2701, 2702(3), 2703(4), 2705, 2706(b)(10),
2710, 2719.
0
2. Revise Sec. 559.2(b) to read as follows:
Sec. 559.2 When must a tribe notify the Chair that it is considering
issuing a new facility license?
* * * * *
(b) The notice shall contain the following:
(1) A legal description of the property;
(2) The tract number for the property as assigned by the Bureau of
Indian Affairs, Land Title and Records Offices, if any;
(3) If not maintained by the Bureau of Indian Affairs, Department
of the Interior, a copy of the trust or other deed(s) to the property
or an explanation as to why such documentation does not exist; and
(4) If not maintained by the Bureau of Indian Affairs, Department
of the Interior, documentation of property ownership.
* * * * *
Dated: November 18, 2021, Washington, DC.
E. Sequoyah Simermeyer,
Chairman.
[FR Doc. 2021-25845 Filed 11-30-21; 8:45 am]
BILLING CODE 7565-01-P
