[Federal Register Volume 68, Number 195 (Wednesday, October 8, 2003)]
[Proposed Rules]
[Pages 58053-58054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25472]


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NATIONAL INDIAN GAMING COMMISSION

25 CFR Part 514

RIN 3141-AA16


Fees

AGENCY: National Indian Gaming Commission.

ACTION: Proposed rule.

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SUMMARY: The National Indian Gaming Commission (NIGC or Commission) is 
proposing to amend its fee regulations. The regulations are being 
amended to reflect changes in the statutory limit set by Congress.

DATES: Comments must be submitted on or before November 30, 2003.

ADDRESSES: Comments may be mailed to: Fee Change Comments, 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 a.m. and noon, and between 2 p.m. 
and 5 p.m.

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

SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act (IGRA), 
enacted on October 17, 1988, established the National Indian Gaming 
Commission (Commission). The Commission is funded entirely from fees 
collected from Indian gaming operations. The Commission is proposing 
changing its current regulations to reflect changes in the statutory 
limit imposed by Congress. This regulation is being amended so that the 
amount of fees imposed by the Commission is directly related to 
congressional action. Under the current regulation the Commission may 
only impose fees not exceeding $8,000,000, during any fiscal year. For 
fiscal year 2004, Congress has increased that amount to a maximum of 
$12,000,000. The proposed change will allow the Commission to collect 
up to the statutory maximum and will eliminate the need to regularly 
amend this regulation as Congress raises or lowers the fee level.

Regulatory Flexibility Act

    The Commission certifies that the proposed rule will not have a 
significant economic impact on a substantial number of small business 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). 
The factual basis for this certification is as follows:
    Of the 330 Indian gaming operations across the country, 
approximately 150 have revenues under 10 million. Of these, 
approximately 90 operations have gross revenues of under 3 million. 
Those operations that gross less than 1.5 million are exempt from fees. 
Since fee assessments are based on a percentage of gross revenues until 
the maximum allowed by Congress is reached, and new gaming operations 
continue to open, the amount individual tribal gaming operations will 
pay in fees will likely only increase slightly or may in fact decrease. 
For these reasons, the Commission has concluded that the proposed rule 
will not have a significant economic impact on those small entities 
subject to the rule.

Small Business Regulatory Enforcement Fairness Act

    The proposed rule is not a major rule under 5 U.S.C. 804(2), the 
Small Business Regulatory Enforcement Fairness Act. The proposed rule 
will not result in an annual effect on the economy of more than $100 
million per year; a major increase in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions; or significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability of 
U.S. based enterprises.

Unfunded Mandates Reform Act

    The Commission is an independent regulatory agency, and, as such, 
is not subject to the Unfunded Mandates Reform Act. Even so, the 
Commission has determined that this final rule does not impose an 
unfunded mandate on State, local, or tribal governments, or on the 
private sector, of more than $100 million per year. Thus, it is not a 
``significant regulatory action'' under the Unfunded Mandates Reform 
Act, 2 U.S.C. 1501 et seq.

Takings

    In accordance with Executive Order 12630, the Commission has 
determined that this rule does not have significant takings 
implications. A takings implication assessment is not required.

Civil Justice Reform

    In accordance with Executive Order 12988, the Office of General 
Counsel has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    The proposed rule does not contain any information collection 
requirements for which OMB approval under the Paperwork Reduction Act 
(44 U.S.C. 3501-3520) would be required.

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.

    Dated: October 2, 2003.
Philip N. Hogen,
Chairman, National Indian Gaming Commission.

List of Subjects in 25 CFR Part 514

    Gambling, Indians-lands, Reporting and recordkeeping requirements.

    Accordingly, 25 CFR part 514 is proposed to be amended as follows:
    The authority citation for part 514 continues to read as follows:

    Authority: 25 U.S.C. 2702 et seq.

    Section 514.1(d) is revised to read as follows:


Sec.  514.1  Annual fees.

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[[Page 58054]]

    (d) The total amount of all fees imposed during any fiscal year 
shall not exceed the statutory maximum imposed by Congress. The 
Commission shall credit pro-rata any fees collected in excess of this 
amount against amounts otherwise due at the end of the quarter 
following the quarter during which the Commission makes such 
determination.
    (1) The Commission will notify each gaming operation as to the 
amount of overpayment, if any, and therefore the amount of credit to be 
taken against the next quarterly payment otherwise due.
    (2) The notification required in paragraph (d)(1) of this section 
shall be made in writing addressed to the gaming operation.
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[FR Doc. 03-25472 Filed 10-7-03; 8:45 am]
BILLING CODE 7565-01-P