Facility License Notifications

CourtNational Indian Gaming Commission
Citation86 FR 68200
Record Number2021-25845
Publication Date01 December 2021
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]
                National Indian Gaming Commission
                25 CFR Part 559
                RIN 3141-AA76
                Facility License Notifications
                AGENCY: National Indian Gaming Commission.
                ACTION: Proposed rule.
                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-
                 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.
                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).
                 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
                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
                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]]
                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.
                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,
                [FR Doc. 2021-25845 Filed 11-30-21; 8:45 am]
                BILLING CODE 7565-01-P

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