[Federal Register Volume 63, Number 48 (Thursday, March 12, 1998)]
[Proposed Rules]
[Pages 12323-12324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6288]


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NATIONAL INDIAN GAMING COMMISSION

25 CFR Chapter III


Self-Regulated Class III Gaming Operations

AGENCY: National Indian Gaming Commission.

ACTION: Advance Notice of Proposed Rulemaking.

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SUMMARY: This notice announces the initiation of the rulemaking process 
and requests information relevant to implementing regulations governing 
the classification of class III gaming operations as ``self-
regulated.'' The Commission may not assess any fee on the gaming 
activity of a class III gaming operation operated by a self-regulated 
tribe.

DATES: Comments in response to this advance notice must be submitted by 
May 11, 1998.

ADDRESSES: Commenters may submit their comments by mail, facsimile, or 
delivery to: Class III Self-Regulation 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). 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: Maria Getoff at 202-632-7003, or by 
facsimile at 202-632-7066 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

1. 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 was 
enacted for several purposes, primary among them was to provide a 
statutory basis for the operation of gaming by Indian tribes as a means 
of promoting economic development, self-sufficiency, and strong tribal 
governments, as well as to provide for the regulation of gaming by 
Indian tribes adequate to shield them from organized crime. The IGRA 
was recently amended, by Public Law No. 105-83, to increase the total 
amount of fees that the Commission may impose on gaming tribes. 25 
U.S.C. 2717(a). This increase was achieved by raising the original fee 
cap and by authorizing the Commission to collect fees from class III 
operations, which did not previously pay fees. The recent amendment 
also provides that self-regulated tribes ``such as the Mississippi Band 
of Choctaw'' (Band) shall not be required to pay fees. Section 
2717(a)(2)(c) of 25 U.S.C. provides that ``[n]othing in subsection (a) 
of this section shall apply to self-regulated tribes such as the 
Mississippi Band of Choctaw.'' (Subsection (a) provides that ``the 
Commission shall establish a schedule of fees to be paid to the 
Commission annually by each gaming operation that conducts a class II 
or class III gaming activity that is regulated by this chapter''). The 
amendment provides no guidance as to what the term ``self-regulated'' 
means. It merely refers to the Band, which operates a class III gaming 
operation. The specific criteria for establishing self regulation are 
set forth in the original Act as applicable to class II activity only. 
That section has not been amended.
    The Commission has issued, contemporaneously with this Advance 
Notice of Proposed Rulemaking, a Notice of Proposed Rulemaking 
regarding the issuance of certificates of self-regulation for class II 
operations.
    The IGRA expressly authorizes the Commission to ``promulgate such 
regulations and guidelines as it deems appropriate to implement the 
provision of this [Act].'' 25 U.S.C. 2706(b)(10).

2. Advance Notice of Proposed Rulemaking

    After consideration of this issue, the NIGC has determined that the 
appropriate course of action is to

[[Page 12324]]

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.

3. Request for Comments

    Public comment is requested to assist the NIGC in the drafting of 
regulations to govern the self-regulation certification process for 
class III gaming operations. Comment is requested on the following 
issues:
    (a) What initial eligibility requirements should be met by a tribe 
before the Commission will undertake a review of a petition for self-
regulation of its class III gaming operation(s)?
    (b) What specific criteria should be met before a tribe may be 
issued a certificate of self-regulation with respect to its class III 
gaming operation(s)?
    (c) What process should the Commission use for the review of 
petitions for self-regulation of a class III gaming operation(s)?
    (d) Under what circumstances should the Commission remove a 
certificate of self-regulation?
    (e) What should be the process for the removal of a certificate of 
self-regulation?
    The Commission solicits any additional suggestions and/or 
interpretations regarding the issues raised in this Advance Notice of 
Proposed Rulemaking.

4. Public Participation

    Interested parties are invited to submit comments on any or all of 
these and other pertinent issues related to issuing class III 
regulations on self-regulation. Comments must be submitted in 
triplicate by May 11, 1998 to Class III Self-Regulation 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 Philip Hogen, Commissioner, National Indian Gaming 
Commission, 1441 L St. N.W., Suite 9100, Washington, D.C. 20005.

    Signed at Washington, D.C. this 24th day of February, 1998.
Philip Hogen,
Commissioner, National Indian Gaming Commission.
[FR Doc. 98-6288 Filed 3-11-98; 8:45 am]
BILLING CODE 7565-01-P