[Federal Register Volume 63, Number 48 (Thursday, March 12, 1998)]
[Proposed Rules]
[Pages 12319-12323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6284]



  Federal Register / Vol. 63, No. 48 / Thursday, March 12, 1998 / 
Proposed Rules  

[[Page 12319]]



NATIONAL INDIAN GAMING COMMISSION

25 CFR Part 518


Issuance of Certificates of Self-Regulation to Tribes

AGENCY: National Indian Gaming Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The National Indian Gaming Commission (Commission) proposes 
regulations that provide for tribal self-regulation of class II gaming 
operations under the Indian Gaming Regulatory Act (Act). These 
regulations would implement the class II self-regulation provisions of 
the Act, under which tribes that meet specified criteria may obtain a 
certificate of self-regulation. The primary effect of this action is to 
establish requirements for and a process by which tribes may obtain 
certificates of self-regulation. In addition, the Commission may not 
assess a fee on the gaming activity of a class II gaming operation 
operated by a tribe which holds a certificate of self-regulation in 
excess of one quarter of one percent of the gross revenue of that 
operation.

DATES: Comments may be submitted on or before May 11, 1998. A public 
hearing will be held on April 1, 1998, in Portland, Oregon, from 9:00 
a.m. until 1:00 p.m.

ADDRESSES: Comments may be mailed to: Self-Regulation Comments, 
National Indian Gaming Commission, 1441 L Street, N.W., Suite 9100, 
Washington, D.C. 20005, delivered to that address between 8:30 a.m. and 
5:30 p.m., Monday through Friday, or faxed to 202/632-7066 (this is not 
a toll-free number). Comments received may be inspected between 9:00 
a.m. and noon, and between 2:00 p.m. and 5:00 p.m., Monday through 
Friday. The public hearing will be held at the Double Tree Hotel, Lloyd 
Center, 1000 N.E. Multnomah, Portland, Oregon 97232.

FOR FURTHER INFORMATION CONTACT: Maria Getoff at 202/632-7003; fax 202/
632-7066 (these are not toll-free numbers).

SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act (IGRA, or 
the Act), enacted on October 17, 1988, established the National Indian 
Gaming Commission (Commission). Under the Act, the Commission is 
charged with regulating class II gaming and certain aspects of class 
III gaming on Indian lands. The regulations proposed today would 
implement the Commission's authority to issue certificates of self-
regulation for class II gaming to qualified tribes under 25 U.S.C. 
2710(c), which provides for a reduced fee rate on class II gaming 
activity for tribes that meet certain specific criteria and therefore 
qualify for a certificate of self-regulation. This criteria is set 
forth in 25 U.S.C. 2710(c)(4) (A), (B), and (C). Section 2710(c)(5)(C) 
of 25 U.S.C. provides that tribes that obtain certificates of self-
regulation are subject to a fee of not more than one quarter of one 
percent of gross revenue on their class II gaming activity.
    The Commission has relied on the self-regulation provisions of the 
Act to establish the criteria in these proposed regulations. In 
addition, with respect to minimum internal control standards, the 
Commission has reviewed the processes and procedures employed by the 
State of New Jersey, the State of Nevada and the materials received by 
the National Indian Gaming Association/National Congress of American 
Indians Task Force on Indian Gaming Internal Control Standards. These 
sources made clear the need for tribes to adopt and implement 
sufficient accounting, auditing, and internal control systems to be 
self-regulating.
    Furthermore, the Commission has developed some basic examples of 
the information to be relied on by the Commission to determine whether 
a tribe is self-regulating. They include the establishment of an 
independent tribal regulatory body which performs certain functions, a 
sufficient source of funding for the regulatory body, and the adoption 
of a conflict of interest policy for tribal regulators. The Commission 
has identified these examples as areas that can make the difference 
between a tribal regulation system that adequately regulates gaming and 
one that does not.
    After a tribe receives a certificate of self-regulation for class 
II gaming, the Commission retains oversight, investigative, and 
enforcement responsibilities and will continue to maintain an ongoing 
relationship with the tribe. A short list of the Commission's many 
responsibilities includes:
    1. Ensuring compliance with licensing requirements pursuant to 25 
C.F.R. Part 558;
    2. Ensuring that the tribe has the sole proprietary interest in and 
responsibility for the conduct of the gaming pursuant to 25 C.F.R. 
522.4(b)(1);
    3. Reviewing and approving management contracts, including 
suitability determinations and compliance with the National 
Environmental Policy Act pursuant to 25 C.F.R. 533.1;
    4. Ensuring that annual audit reports of the gaming operation are 
provided by the tribe to the Commission pursuant to 25 C.F.R. 571.13;
    5. Issuing notices of violation, assessing civil fines, issuing 
temporary closure orders, holding hearings, taking testimony, and 
issuing decisions pursuant to 25 C.F.R. Part 573, 25 C.F.R. Part 575, 
and 25 C.F.R. Part 577;
    6. Monitoring tribal operations to assure maintenance of status as 
self-regulatory pursuant to 25 U.S.C. Sec. 2710(c)(6).
    While this list is not exhaustive, it illustrates the extent to 
which the Commission will continue to be involved in the regulation of 
class II gaming, notwithstanding a tribe's self-regulating status.
    The Act was recently amended, and that amendment may extend the 
application of self-regulation standards to apply to class III gaming 
operations as well as class II gaming operations. The Commission is 
therefore issuing an Advance Notice of Proposed Rulemaking regarding 
self-regulation by tribes of class III operations.

Requirement of an Independent Tribal Regulatory Body

    Tribal gaming operations vary in type and size. A rigid set of 
rules for self-regulation could unnecessarily restrict tribes in the 
pursuit of a certificate of self-regulation. Therefore, the Commission 
proposes the adoption of a system to identify minimum factors that 
should be considered when evaluating a tribe's petition for self-
regulation, while recognizing there are other factors to be considered 
as well. One minimum requirement is that the tribe have an independent 
tribal regulatory body. Effective regulatory oversight requires that 
there be a separation between the regulation and operation of tribal 
gaming activities. The independent regulatory body should be an arm of 
the tribal government, established for the exclusive purpose of 
regulating and monitoring gaming on behalf of the tribe. The regulatory 
body must be structured to ensure that the regulation of gaming is 
separate from the operation of gaming. The regulatory entity should 
have no involvement in the operational or managerial decisions of a 
gaming facility, except to the extent that the regulatory body 
identifies violations of federal or tribal law.
    Therefore, pursuant to 25 U.S.C. 2710 (c) (3), (4), (5), and (6), 
these regulations are being proposed to establish the requirements and 
the process for obtaining a certificate of self-regulation.

[[Page 12320]]

Regulatory Flexibility Act

    This proposed rule will not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act, 5 U.S.C. 601 et seq. Because this rule is procedural in nature, it 
will not impose substantive requirements that could be deemed impacts 
within the scope of the Act.

Paperwork Reduction Act

    The Commission is in the process of obtaining clearance from the 
Office of Management and Budget (OMB) for the information collection 
requirements contained in this proposed rule, as required by 44 U.S.C. 
3501 et seq. The information required to be submitted is identified in 
sections 518.3 and 518.5, and relates to petitions for certificates of 
self-regulation. The information will be used to determine whether a 
tribe has met the criteria for the issuance of a certificate of self 
regulation, and also to monitor a tribe's ability to continue to meet 
the criteria on an ongoing basis in order to maintain its certificate 
of self-regulation. Response is required to obtain a benefit in 
accordance with 25 U.S.C. 2.
    Public reporting burden for this collection of information is 
estimated to average 20 hours per petition, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. The Commission estimates that approximately 
10 tribes will petition each year for a certificate of self-regulation, 
for an annual burden of 200 hours.
    In addition, the proposed rule requires tribes that hold 
certificates of self-regulation to prepare and submit an annual report 
to the Commission to establish that the tribe has continuously met the 
criteria for self-regulation. The Commission estimates that the annual 
reporting and recordkeeping burden for the annual report will be 50 
hours. The Commission estimates that approximately 5 tribes per year 
will be issued certificates of self-regulation and thereby required to 
submit the annual report, for an annual burden of 250 hours. Total 
annual burden for the petition and the annual report is estimated at 
450 hours. The Commission further estimates that the total annual cost 
to respondents will be between $225,000 and $650,000, depending on the 
size of the gaming operation.
    Send comments regarding this collection of information, including 
suggestions for reducing the burden to both, Maria Getoff, National 
Indian Gaming Commission, 1441 L Street N.W., Suite 9100, Washington, 
DC 20005; and to the Office of Information and Regulatory Affair, 
Office of Management and Budget, Washington, DC 20503. The Office of 
Management and Budget (OMB) has up to 60 days to approve or disapprove 
the information collection, but may respond after 30 days; therefore 
public comments should be submitted to OMB within 30 days in order to 
assure their maximum consideration.
    The Commission solicits public comment as to:
    a. whether the collection of information is necessary for the 
proper performance of the functions of the Commission, and whether the 
information will have practical utility;
    b. the accuracy of the Commission's estimate of the burden of the 
collection of information, including the validity of the methodology 
and assumptions used;
    c. the quality, utility, and clarity of the information to be 
collected; and
    d. how to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated 
electronic, mechanical, or other forms of information technology.
    An agency may not conduct, and a person is not required to respond 
to a collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    The Commission has determined that this 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.
Philip Hogen,
Commissioner, National Indian Gaming Commission.

List of Subjects in 25 CFR Part 518

    Gambling, Indians-lands, Indians-tribal government, Reporting and 
recordkeeping requirements.
    For the reasons stated in the preamble, the National Indian Gaming 
Commission proposes to amend 25 CFR by adding a new part 518 as 
follows:

PART 518--SELF REGULATION OF CLASS II GAMING

Sec.
518.1  What does this part cover?
518.2  Who may petition for a certificate of self-regulation?
518.3  What must a tribe submit to the Commission as part of its 
petition?
518.4  What criteria must a tribe meet to be issued a certificate of 
self-regulation?
518.5  What process will the Commission use to review petitions?
518.6  When will a certificate of self-regulation become effective?
518.7  If a tribe holds a certificate of self-regulation, is it 
required to report information to the Commission to maintain its 
self-regulatory status?
518.8  Does a tribe that holds a certificate of self-regulation have 
a continuous duty to advise the Commission of any information?
518.9  Are any of the investigative or enforcement powers of the 
Commission limited by the issuance of a certificate of self-
regulation?
518.10  Under what circumstances may the Commission remove a 
certificate of self-regulation?
518.11  May a tribe request a hearing on the Commission's proposal 
to remove its certificate?
518.12  May a tribe request reconsideration by the Commission of a 
denial of a petition or a removal of a certificate of self-
regulation?

    Authority: 25 U.S.C. 2706(b)(10), 2710(c) (3)-(6).


Sec. 518.1  What does this part cover?

    This part sets forth requirements for obtaining, and procedures 
governing, the Commission's issuance of certificates of self-regulation 
of class II gaming operations under 25 U.S.C. 2710(c). When the 
Commission issues a certificate of self-regulation, the certificate is 
issued to the tribe, not to a particular gaming operation; the 
certificate will apply to all class II gaming operations operated by 
the tribe that holds the certificate.


Sec. 518.2  Who may petition for a certificate of self-regulation?

    A tribe may submit to the Commission a petition for self-regulation 
of class II gaming if, for the three (3) year period immediately 
preceding the date of its petition:
    (a) The tribe has continuously conducted the gaming activity for 
which it seeks self-regulation;
    (b) All gaming that the tribe has engaged in, or licensed and 
regulated, on Indian lands within the tribe's jurisdiction, is located 
within a State that permits such gaming for any purpose by any person, 
organization or entity (and such gaming is not otherwise specifically 
prohibited on Indian lands by federal law), in accordance with 25 
U.S.C. 2710(b)(1)(A);
    (c) The governing body of the tribe has adopted an ordinance or 
resolution that the Chairman has approved, in accordance with 25 U.S.C. 
2710(b)(1)(B);

[[Page 12321]]

    (d) The tribe has otherwise complied with the provisions of 25 
U.S.C. 2710; and,
    (e) The gaming operation and the tribal regulatory body have, for 
the three years immediately preceding the date of the petition, 
maintained all records required to support the petition for self-
regulation.


Sec. 518.3  What must a tribe submit to the Commission as part of its 
petition?

    (a) A petition for a certificate of self-regulation under this part 
shall contain:
    (1) Two copies on 8\1/2\'' X 11'' paper of a petition for self-
regulation approved by the governing body of the tribe and certified as 
authentic by an authorized tribal official, which includes:
    (i) A brief history of each gaming operation(s), including the 
opening dates and periods of voluntary or involuntary closure;
    (ii) An organizational chart of the independent tribal regulatory 
body;
    (iii) A description of the process by which positions on the 
independent tribal regulatory body are filled;
    (iv) A description of the process by which the independent tribal 
regulatory body is funded and the funding level for the three years 
immediately preceding the date of the petition;
    (v) A list of the current regulators and employees of the 
independent tribal regulatory body, their titles, and the dates they 
began employment; and
    (vi) A list of the current gaming operation division heads.
    (2) A list of the documents maintained by the tribe, to which the 
Commission shall have access, for use in determining whether the tribe 
meets the eligibility criteria of Sec. 518.2 and the approval criteria 
of Sec. 518.4, which shall include but is not limited to:
    (i) The tribe's constitution or other governing documents;
    (ii) If applicable, the tribe's revenue allocation plan pursuant to 
25 U.S.C. 2710(b)(3);
    (iii) A description of the accounting system for all revenues from 
the gaming activities;
    (iv) Manual(s) of the internal control systems of the gaming 
operation(s);
    (v) For the three (3)-year period immediately preceding the date of 
the petition, reports on internal controls based on audits of the 
financial statements, which are in addition to the annual audit reports 
required to be submitted to the Commission under 25 U.S.C. 
2710(b)(2)(C), and the management letters required to be submitted to 
the Commission under 25 CFR 571.13;
    (vi) For the three (3)-year period immediately preceding the date 
of the petition, records of all allegations of criminal or dishonest 
activity, and measures taken to resolve the allegations;
    (vii) For the three (3)-year period immediately preceding the date 
of the petition, records of all investigations, enforcement actions, 
and prosecutions of violations of the tribal gaming ordinance or 
regulations, including dispositions thereof;
    (viii) Records of all current employees of the gaming operation, 
including the name, title, and licensing status of each employee;
    (ix) The dates of issuance, and criteria for the issuance of tribal 
gaming licenses issued for each place, facility or location at which 
gaming is conducted;
    (x) The tribe's current set of gaming regulations; and
    (xi) The dates of the last three annual audit reports for the 
independent tribal regulatory body and the tribal government;
    (3) A copy of the public notice required under 25 CFR 518.5(e), and 
a certification, signed by a tribal official, that it has been posted. 
Upon publication of the notice in a local newspaper, the tribe shall 
forward a copy of such publication to the Commission;
    (4) A copy of an audit report(s), along with the opinion from an 
independent certified public accountant, which shows that tribal net 
gaming revenues were used in accordance with the requirements of 25 
U.S.C. 2710(b)(2)(B) for the three (3)-year period immediately 
preceding the date of the petition.


Sec. 518.4  What criteria must a tribe meet to be issued a certificate 
of self-regulation?

    (a) The Commission may issue a certificate of self-regulation if it 
determines that the tribe has, for the three years immediately 
preceding the petition:
    (1) Conducted its gaming activity in a manner that:
    (i) Has resulted in an effective and honest accounting of all 
revenues;
    (ii) Has resulted in a reputation for safe, fair, and honest 
operation of the activity; and
    (iii) Has been generally free of evidence of criminal or dishonest 
activity.
    (2) Adopted and is implementing adequate systems for:
    (i) Accounting of all revenues from the activity;
    (ii) Investigation, licensing and monitoring of all employees of 
the gaming activity;
    (iii) Investigation, enforcement and prosecution of violations of 
its gaming ordinance and regulations;
    (3) Conducted the operation on a fiscally and economically sound 
basis; and
    (4) The gaming activity has been conducted in full compliance with 
the IGRA, NIGC regulations, and the tribe's gaming ordinance and gaming 
regulations.
    (b) Indicators that a tribe has met the criteria set forth in 
paragraph (a) of this section may include, but is not limited to:
    (1) Adoption and implementation of minimum internal control 
standards which are at least as stringent as those promulgated by the 
Commission, or until such standards are promulgated by the Commission, 
minimum internal control standards at least as stringent as those 
required by the State of Nevada or the State of New Jersey;
    (2) Evidence that suitability determinations are made with respect 
to tribal gaming regulators which are at least as stringent as those 
required for key employees and primary management officials of the 
gaming operation(s);
    (3) Evidence of an established independent regulatory body within 
the tribal government which:
    (i) Monitors gaming activities to ensure compliance with federal 
and tribal laws and regulations;
    (ii) Promulgates tribal gaming regulations pursuant to tribal law;
    (iii) Ensures that there is an adequate system for accounting of 
all revenues from the activity and monitors such system for continued 
effectiveness;
    (iv) Performs routine audits of the gaming operation;
    (v) Routinely receives and reviews accounting information from the 
gaming operation;
    (vi) Has access to and may inspect, examine, photocopy and audits 
all papers, books, and records;
    (vii) Provides ongoing information to the tribe on the status of 
the tribe's gaming operation(s);
    (viii) Monitors compliance with minimum internal control standards 
for the gaming operation;
    (ix) Adopts and implements an adequate system for investigation, 
licensing, and monitoring of all employees of the gaming activity;
    (x) Maintains records on licensees and on persons denied licenses 
including persons otherwise prohibited from engaging in gaming 
activities within the tribe's jurisdiction;
    (xi) Inspects and examines all premises where gaming is conducted;
    (xii) Establishes standards for and issues vendor licenses or 
permits to persons or entities who deal with the gaming operation, such 
as

[[Page 12322]]

manufacturers and suppliers of services, equipment and supplies;
    (xiii) Establishes or approves, and posts, rules of games;
    (xiv) Inspects games, tables, equipment, cards, and chips or tokens 
used in the gaming operation(s);
    (xv) Establishes standards for technological aids and tests such 
for compliance with standards;
    (xvi) Establishes or approves video surveillance standards;
    (xvii) Adopts and implements an adequate system for the 
investigation of possible violations of the tribal gaming ordinance and 
regulations and takes appropriate enforcement actions;
    (xviii) Determines that there is adequate dispute resolution 
procedures for gaming operation employees and customers, and ensures 
that such system is adequately implemented; and
    (xix) Takes testimony and conducts hearings on regulatory matters, 
including matters related to the revocation of primary management 
officials and key employee licenses.
    (4) Documentation of a sufficient source of permanent and stable 
funding for the independent tribal regulatory body which is allocated 
and appropriated by the tribal governing body;
    (5) Adoption of a conflict of interest policy for the regulators/
regulatory body and their staff;
    (6) Evidence that the operation is financially stable;
    (7) Adoption and implementation of a system for adequate 
prosecution of violations of the tribal gaming ordinance and 
regulations, which may include the existence of a tribal court system 
authorized to hear and decide gaming related cases; and
    (8) Evidence that the operation is being conducted in a safe 
manner, which may include, but not be limited to:
    (i) The availability of medical, fire, and emergency services;
    (ii) The existence of an evacuation plan; and
    (iii) Proof of compliance with applicable building, health, and 
safety codes.
    (c) The burden of establishing self-regulation is upon the tribe 
filing the petition.
    (d) The Commission shall have complete access to all areas of and 
all papers, books, and records of the tribal regulatory body, the 
gaming operation, and any other entity involved in the regulation or 
oversight of the gaming operation. The Commission shall be allowed to 
inspect and photocopy any relevant materials. The tribe shall take no 
action to prohibit the Commission from soliciting information from any 
current or former employees of the tribe, the tribal regulatory body, 
or the gaming operation. Failure to adhere to this paragraph may be 
grounds for denial of a petition for self-regulation.


Sec. 518.5  What process will the Commission use to review petitions?

    (a) The Commission shall undertake an initial review of the 
petition to determine whether the tribe meets all of the eligibility 
criteria of Sec. 518.2. If the tribe fails to meet any of the 
eligibility criteria, the Commission shall deny the petition and so 
notify the tribe. If the tribe meets all of the eligibility criteria, 
the Commission shall review the petition and accompanying documents for 
completeness. If the Commission finds the petition incomplete, it shall 
immediately notify the tribe by letter, certified mail, return receipt 
requested, of any obvious deficiencies or significant omissions 
apparent in the petition and provide the tribe with an opportunity to 
submit additional information and/or clarification.
    (b) The Commission shall notify a tribe, by letter, when it 
considers a petition to be complete.
    (c) Upon receipt of a complete petition, the Commission shall 
conduct a review and investigation to determine whether the tribe meets 
the approval criteria under Sec. 518.4. During the course of this 
review, the Commission may request from the tribe any additional 
material it deems necessary to assess whether the tribe has met the 
requirements for self-regulation. The tribe shall provide all 
information requested by the Commission in a timely manner. The 
Commission may consider any evidence which may be submitted by 
interested or informed parties.
    (d) The tribe shall post a notice, contemporaneous with the filing 
of the petition, advising the public that it has petitioned the 
Commission for a certificate of self regulation. Such notice shall be 
posted in conspicuous places in the gaming operation and the tribal 
government offices. Such notice shall remain posted until the 
Commission either issues a certificate or declines to do so. The tribe 
shall also publish such notice, once a week for four weeks, in a local 
newspaper with a broad based circulation. Both notices shall state that 
one of the criteria for the issuance of a certificate is that the tribe 
has a reputation for safe, fair, and honest operation of the gaming 
activity, and shall solicit comments in this regard. The notices shall 
instruct commentors to submit their comments directly to the 
Commission, shall provide the mailing address of the Commission and 
shall request that commentors include their name, address and day time 
telephone number.
    (e) After making an initial determination on the petition, the 
Commission shall issue a report of its findings to the tribe.
    (f) The tribe shall have 60 days to submit to the Commission a 
written response to the report. This response may include additional 
materials which:
    (1) The tribe deems necessary to adequately respond to the 
Commission's findings; and
    (2) The tribe believes supports its petition.
    (g) At the time of the submission of its response the tribe may 
request a hearing before the Commission. This request shall specify the 
issues to be addressed by the tribe at such hearing, and any proposed 
oral or written testimony the tribe wishes to present. The Commission 
may limit testimony.
    (h) The Commission shall notify the tribe, within 10 days of 
receipt of such request, of the date and place of the hearing. The 
Commission shall also set forth the schedule for the conduct of the 
hearing, including the specification of all issues to be addressed at 
the hearing, the identification of any witnesses, the time allotted for 
testimony and oral argument, and the order of the presentation.
    (i) Following review of the tribe's response and the conduct of the 
hearing, the full Commission shall issue a final decision on the 
petition. The decision shall set forth with particularity the 
Commission's findings with respect to the tribe's compliance with 
standards for self-regulation set forth in this part. Decisions to 
issue or to deny a certificate of self-regulation shall require a vote 
of at least two of the Commissioners.


Sec. 518.6  When will a certificate of self-regulation become 
effective?

    A certificate of self-regulation shall become effective at the 
beginning of the next calendar year following the date of its issuance.


Sec. 518.7  If a tribe holds a certificate of self-regulation, is it 
required to report information to the Commission to maintain its self-
regulatory status?

    Yes. Each tribe that holds a certificate of self-regulation shall 
be required to submit a self-regulation report annually to the 
Commission in order to maintain its self-regulatory status. Such report 
shall set forth information, with supporting documentation, to 
establish that the tribe has continuously met the eligibility 
requirements of Sec. 518.2 and

[[Page 12323]]

the approval requirements of Sec. 518.4. Such report shall be filed 
with the Commission on April 15th of each year following the first year 
of self-regulation. Failure to file such report shall be grounds for 
the removal of a certificate under Sec. 518.8.


Sec. 518.8  Does a tribe that holds a certificate of self-regulation 
have a continuous duty to advise the Commission of any information?

    Yes. A tribe that holds a certificate of self-regulation has a 
continuous duty, at all times after the receipt of a certificate of 
self-regulation, to immediately advise the Commission of any 
circumstances that may negatively impact on the tribe's ability to 
continue to self-regulate. Failure to do so is grounds for removal of a 
certificate of self-regulation. Such circumstances may include, but are 
not limited to: a change in management contractor; financial 
instability; or any other factors that may undermine a tribe's ability 
to effectively regulate.


Sec. 518.9  Are any of the investigative or enforcement powers of the 
Commission limited by the issuance of a certificate of self-regulation?

    No. The Commission retains its investigative and enforcement powers 
over all class II gaming tribes notwithstanding the issuance of a 
certificate of self-regulation. The Commission shall retain its powers 
to investigate and bring enforcement actions for violations of the 
Indian Gaming Regulatory Act, accompanying regulations, and violations 
of tribal gaming ordinances.


Sec. 518.10  Under what circumstances may the Commission remove a 
certificate of self-regulation?

    The Commission may, after an opportunity for a hearing, remove a 
certificate of self-regulation by a majority vote of its members if it 
determines that the tribe no longer meets the eligiblity criteria of 
Sec. 518.2, the approval criteria of Sec. 518.4, the requirements of 
Sec. 518.7 or the requirements of Sec. 518.8. The Commission shall 
provide the tribe with prompt notice of the Commission's intent to 
remove a certificate of self-regulation under this part. Such notice 
shall state the reasons for the Commission's action and shall advise 
the tribe of its right to a hearing under Sec. 518.9.


Sec. 518.11  May a tribe request a hearing on the Commission's proposal 
to remove its certificate?

    Yes. A tribe may request a hearing regarding the Commission's 
proposal to remove a certificate of self regulation under Sec. 518.8. 
Such a request shall be filed with the Commission within thirty (30) 
days after the tribe received notice of the Commission's action. 
Failure to request a hearing within the time provided by this section 
shall constitute a waiver of the right to a hearing.


Sec. 518.12  May a tribe request reconsideration by the Commission of a 
denial of a petition or a removal of a certificate of self-regulation?

    Yes. A tribe may file a request for reconsideration of a denial of 
a petition or a removal of a certificate of self-regulation within 30 
days of receipt of the denial or removal. Such request shall set forth 
the basis for the request, specifically identifying those Commission 
findings which the tribe believes to be erroneous. The Commission shall 
issue a decision with regard to any request for reconsideration within 
30 days of receipt of the request. If the Commission fails to issue a 
decision within 30 days, the request shall be considered to be 
disapproved.
[FR Doc. 98-6284 Filed 3-11-98; 8:45 am]
BILLING CODE 7565-01-P