[Federal Register Volume 64, Number 80 (Tuesday, April 27, 1999)]
[Proposed Rules]
[Pages 22588-22589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10450]


=======================================================================
-----------------------------------------------------------------------

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:

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 
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).

2. 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.

3. 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.

4. 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. 99-10450 Filed 4-26-99; 8:45 am]
BILLING CODE 7565-01-P