[Federal Register Volume 66, Number 218 (Friday, November 9, 2001)]
[Proposed Rules]
[Pages 56619-56620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28154]


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NATIONAL INDIAN GAMING COMMISSION

25 CFR Part 580

[RIN 3141-AA04]


Environment, Public Health and Safety

AGENCY: National Indian Gaming Commission.

ACTION: Proposed rule: Notice of reopening of comment period.

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SUMMARY: On October 2, 2001, the National Indian Gaming Commission 
(Commission) issued a Proposed Rule (66 FR 50127-50135) proposing 
regulations to establish the Commission's oversight process to ensure 
that the environment, public health and safety are adequately protected 
at Indian Gaming facilities in accordance with IGRA. Upon a written 
request from members of the general public, the date for filing 
comments is being extended.

DATES: Comments shall be filed on or before December 29, 2001.

ADDRESSES: Send comments by mail, facsimile, or hand delivery to: 
Environment, Public Health Safety 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: Christine Nagle at 202-632-7003 or, 
by fax, at 202-632-7066 (these are not toll-free numbers).

SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act (``IGRA'' 
or ``Act'') 25 U.S.C. 2701-2721, enacted on October 17, 1988, 
established the National Indian Gaming Commission (Commission). Under 
the Act, the Commission is charged with regulating gaming activities on 
Indian lands. The Act expressly authorizes the Commission to 
``promulgate such regulations and guidelines as it deems appropriate to 
implement provisions of this [Act].'' 25 U.S.C. 2706(b)(10).
    The regulations proposed on October 2, 2001, would establish a 
system to implement the Commission's oversight authority in the areas 
of environment, public health and safety. The statutory basis for this 
responsibility is set forth in 25 U.S.C. 2710 (b)(2)(E) which provides 
that tribal ordinances or resolutions submitted for the Chairman's 
approval ensure that ``the construction and maintenance of the gaming 
facility, and the operation of that gaming is conducted in a manner 
which adequately protects the environment and the public health and 
safety.'' On April 27, 1999, the Commission issued an Advance Notice of 
Proposed Rulemaking regarding the establishment of environment, public 
health and safety procedures. After reviewing the information solicited 
through this notice, the Commission decided to move forward with 
proposed regulations. In November 1999, a Tribal-Commission Advisory 
Committee was formed to consult on the project. The Commission 
attempted to assemble a diverse advisory committee that represented the 
interests of a broad range of gaming tribal governments. During the 
period from November 1999 through May 2000, the Commission and the 
Tribal Advisory Committee met four times to develop a regulatory 
proposal. The Commission published a Notice of Proposed Rulemaking that 
appeared in the Federal Register at 65 FR 45558, on July 24, 2000. In 
response to the Federal Register notice, the Commission received a 
number of helpful comments

[[Page 56620]]

suggesting changes to the proposed rule. The Tribal-Commission Advisory 
Committee met after the close of the public comment period to discuss 
the comments that had been submitted. Upon consideration of the 
comments submitted, and discussions with the Tribal-Commission Advisory 
Committee, the Commission decided to revise the proposed rule and 
republish the revised rule as a proposed rule. The Commission 
established a thirty-day comment period for public comment on this 
revised rule. However, the Commission did receive a written request for 
extension of time from the general public citing the interest in these 
issues by tribes and indicating that the thirty-day period did not 
provide enough time for meaningful responses. Based on the request, the 
Commission has decided to extend the comment period until December 29, 
2001.

    Dated: November 6, 2001.
Montie R. Deer,
Chairman, National Indian Gaming Commission.
[FR Doc. 01-28154 Filed 11-8-01; 8:45 am]
BILLING CODE 7565-01-P