Indian Gaming Regulatory Act: Gaming facilities operated on Indian lands; construction and maintenance to protect environment and public health and safety,
[Federal Register: April 27, 1999 (Volume 64, Number 80)]
[Proposed Rules]
[Page 22588-22589]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap99-24]
NATIONAL INDIAN GAMING COMMISSION
25 CFR Chapter III
Standards for Constructing and Maintaining Gaming Facilities Operated on Indian Lands
AGENCY: National Indian Gaming Commission.
ACTION: Advance notice of proposed rulemaking.
SUMMARY: This notice announces the initiation of the rulemaking process and requests information relevant to implementing regulations governing standards for constructing and maintaining gaming facilities operated on Indian lands in a manner which protects the environment and the public health and safety.
DATES: Comments in response to this advance notice must be submitted by June 28, 1999.
ADDRESSES: Commenters may submit their comments by mail, facsimile, or delivery to: Environment and Public Health and Safety Rule Comments, National Indian Gaming Commission, Suite 9100, 1441 L Street N.W., Washington, DC 20005. Fax number : 202-632-7066 (not a toll-free number). Public comments may be delivered or inspected from 9 a.m. until noon and from 2 p.m. to 5 p.m. Monday through Friday.
FOR FURTHER INFORMATION CONTACT: Todd J. Araujo at 202-632-7003, or by facsimile at 202-632-7066 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
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Introduction
The Indian Gaming Regulatory Act (IGRA or the Act), 25 U.S.C. 2701 et seq., was signed into law on October 17, 1988. The Act established the National Indian Gaming Commission (the Commission). The IGRA required that an approved tribal gaming ordinance contain a provision requiring each tribal gaming facility to be constructed and maintained in a manner which adequately protects the environment and the public health and safety. 25 U.S.C. Sec. 2710(2)(E). The Commission has determined that standards are
[[Page 22589]]
needed to ensure adequate compliance with this statutory requirement.
The IGRA expressly authorizes the Commission to ``promulgate such regulations and guidelines as it deems appropriate to implement the provisions of this [Act].'' 25 U.S.C. Sec. 2706(b)(10).
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Advance Notice of Proposed Rulemaking
After consideration of this issue, the NIGC has determined that the appropriate course of action is to publish an Advance Notice of Proposed Rulemaking to collect further information.
Before the NIGC proceeds in this area, it intends to have the benefit of a full airing of the issues through the public comment process.
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Request for Comments
Public comment is requested to assist the NIGC in the drafting of regulations which ensure that Indian gaming facilities are constructed and maintained in a manner which protects the environment and the public health and safety. Comment is requested on the following issues:
(a) Is it necessary for the Commission to promulgate regulations which ensure that tribal gaming facilities are constructed and maintained in a manner which protect the environment and the public health and safety? What alternative steps may exist to accomplish this objective?
(b) What other steps are currently being taken to ensure that tribal gaming facilities are constructed and maintained in a manner that adequately protects the environment and public health and safety? What is the best method of incorporating these steps into a regulatory structure implemented by the NIGC?
(c) What are the major threats to the environment and the public health and safety posed by the operation of gaming facilities on Indian lands?
(d) In promulgating regulations to ensure that tribal gaming facilities are maintained in a manner which protects the environment and the public health and safety, is it necessary to differentiate between large, mid-size and small gaming facilities?
(e) If yes, how should the Commission determine what are large, mid-size and small operations?
(f) What type of standards should apply to all gaming facilities regardless of size?
(g) How long should the Commission allow for the tribes to comply with the proposed regulations?
The Commission solicits any additional suggestions and/or interpretations regarding the issues raised in this Advance Notice of Proposed Rulemaking.
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Public Participation
Interested parties are invited to submit comments on any or all of these and other pertinent issues related to issuing environmental, and public health and safety regulations by June 28, 1999, in triplicate to Environment, and Public Health and Safety Rule Comments, National Indian Gaming Commission, Suite 9100, 1441 L Street N.W., Washington, D.C. 20005. Fax number: 202-632-7066 (not a toll-free number). All written comments submitted in response to this notice will be available for inspection and copying in the NIGC office from 9 a.m. until noon and from 2 p.m. to 5 p.m. Monday through Friday. All timely written submissions will be considered in determining the nature of any proposal.
Authority and Signature
This Advance Notice of Proposed Rulemaking was prepared under the direction of Barry W. Brandon, General Counsel, National Indian Gaming Commission, 1441 L St. N.W., Suite 9100, Washington, D.C. 20005.
Signed at Washington, D.C. this 29th day of March, 1999. Montie R. Deer, Chairman, National Indian Gaming Commission.
[FR Doc. 99-10450Filed4-26-99; 8:45 am]
BILLING CODE 7565-01-P
