[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Proposed Rules]
[Pages 38164-38165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17903]


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NATIONAL INDIAN GAMING COMMISSION

25 CFR Part 516

RIN 3141-AA20


Administrative Practice and Procedure; Testimony; Information; 
Response to Subpoena

AGENCY: National Indian Gaming Commission.

ACTION: Proposed rule.

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SUMMARY: The National Indian Gaming Commission proposes to issue 
regulations describing the duties of its personnel with respect to 
litigation involving the National Indian Gaming Commission or the 
official responsibilities of National Indian Gaming Commission 
employees.

DATES: Comments may be submitted on or before August 16, 1999.

ADDRESSES: Comments may be mailed to: Testimony Regulation Comments, 
National Indian Gaming Commission, 1441 L Street, NW., Suite 9100, 
Washington, DC 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.

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

SUPPLEMENTARY INFORMATION: Because the National Indian Gaming 
Commission is regularly associated with a variety of matters which have 
the potential for resulting in litigation, the National Indian Gaming 
Commission has a requirement for regulations describing the duties of 
its personnel with respect to such litigation. This proposed rule 
promulgates for the National Indian Gaming Commission the regulations 
contemplated by the United States Supreme Court in United States Ex. 
Rel. Touhy v. Ragen, 340 U.S. 462 (1951).

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, 
and affects principally the actions of personnel of the National Indian 
Gaming Commission, it will not impose substantive requirements that 
could be deemed impacts within the scope of the Act.

Paperwork Reduction Act

    Although the proposed regulation mandates that litigants seeking 
the testimony of National Indian Gaming Commission personnel submit a 
written request, the requirement is simply a formal embodiment of 
existing practice and in some cases a substitute for a subpoena or 
other process. In any event it is at most a de minimus requirement.

National Environmental Policy Act

    The National Indian Gaming 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.

List of Subjects in 25 CFR Part 516

    Administrative practice and procedure, Gambling, Indians--lands, 
Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, the National Indian Gaming 
Commission proposes to amend 25 CFR Chapter III by adding a new Part 
516 as follows:

PART 516--TESTIMONY OF COMMISSIONERS AND EMPLOYEES AND FORMER 
COMMISSIONERS AND FORMER EMPLOYEES RESPECTING OFFICIAL DUTIES; 
RESPONSE TO SUBPOENA

Sec.
516.1  What is the purpose of this part and to whom does it apply?
516.2  When may a person to whom this part applies give testimony, 
make a statement or submit to interview?
516.3  When may a person to whom this part applies produce records?
516.4  How are records certified or authenticated?

    Authority: 25 U.S.C. 2706; 25 U.S.C. 2716(a); 18 U.S.C. 1905.


Sec. 516.1  What is the purpose of this part and to whom does it apply?

    (a) The purpose of this part is to promulgate regulations regarding 
the release of official National Indian Gaming Commission information 
and provision of testimony by National Indian Gaming Commission 
personnel with respect to litigation or potential litigation and to 
prescribe conduct on the part of National Indian Gaming Commission 
personnel in response to a litigation-related request or demand.
    (b) This part applies to litigation-related requests or demands 
(including subpoena, order or other demand) for interview, testimony 
(including by deposition) or other statement, or for production of 
documents relating to the business of the National Indian Gaming 
Commission, whether or not the National Indian Gaming Commission or the 
United States is a party to the litigation. It does not, however, apply 
to document requests covered by 25 CFR parts 515 and 517.
    (c) To the extent the request or demand seeks official information 
or documents, the provisions of this part are applicable to 
Commissioners, employees, and former Commissioners and former 
employees, of the National Indian Gaming Commission.


Sec. 516.2  When may a person to whom this part applies give testimony, 
make a statement or submit to interview?

    (a) No person to whom this part applies, except as authorized by 
the Chairman or the General Counsel pursuant to this part, shall 
provide testimony, make a statement or submit to interview.
    (b) Whenever a subpoena commanding the giving of any testimony has 
been lawfully served upon a person to whom this part applies, such 
individual shall, unless otherwise authorized by the Chairman or the 
General Counsel, appear in response thereto and respectfully decline to 
testify on the grounds that it is prohibited by this part.
    (c) A person who desires testimony or other statement from any 
person to whom this part applies may make written request therefor, 
verified by oath, directed to the Chairman setting forth his or her 
interest in the matter to be disclosed and designating the use to which 
such statement or testimony will be put in the event of compliance with 
such request: Provided, that a written request therefor by an official 
of any federal, state or tribal entity, acting in his or her official 
capacity need not be verified by oath. If it is determined by the 
Chairman or the General Counsel that such statement or testimony will 
be

[[Page 38165]]

in the public interest, the request may be granted. Where a request for 
a statement or testimony is granted, one or more persons to whom this 
part applies may be authorized or designated to appear and testify or 
give a statement with respect thereto.


Sec. 516.3  When may a person to whom this part applies produce 
records?

    (a) Any request for records of the National Indian Gaming 
Commission shall be handled pursuant to the procedures established in 
25 CFR parts 515 and 517 and shall comply with the rules governing 
public disclosure as provided in 25 CFR parts 515 and 517.
    (b) Whenever a subpoena duces tecum commanding the production of 
any record, has been lawfully served upon a person to whom this part 
applies, such person shall forward the subpoena to the General Counsel. 
If commanded to appear in response to any such subpoena, a person to 
whom this part applies shall respectfully decline to produce the record 
on the ground that production is prohibited by this part and state that 
the production of the record(s) of the National Indian Gaming 
Commission is a matter to be determined by the General Counsel.


Sec. 516.4  How are records certified or authenticated?

    (a) Upon request, the person having custody and responsibility for 
maintenance of records which are to be released under this part or 25 
CFR parts 515 or 517 may certify the authenticity of copies of records 
that are requested to be provided in such format.
    (b) A request for certified copies of records or for authentication 
of copies of records shall be sent to the National Indian Gaming 
Commission, Attention: Freedom of Information Act Officer.

    This proposed rule was prepared under the direction of Barry W. 
Brandon, General Counsel, National Indian Gaming Commission, 1441 L 
St. NW., Suite 9100, Washington, DC 20005.

    Signed at Washington, DC, this 1st day of July, 1999.
Montie R. Deer,
Chairman, National Indian Gaming Commission.
[FR Doc. 99-17903 Filed 7-14-99; 8:45 am]
BILLING CODE 7565-01-P