[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Rules and Regulations]
[Pages 53817-53818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22035]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Parts 542 and 543


Minimum Internal Control Standards for Class II Gaming

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Final rule; delay of effective date and request for comments.

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SUMMARY: The National Indian Gaming Commission (``NIGC'') announces the 
delay of the effective date on the final rule for Minimum Internal 
Control Standards for Class II Gaming. The final rule was first 
published in the Federal Register on October 10, 2008. The Commission 
delayed the effective date for portions of the final rule on October 9, 
2009, and September 10, 2010. With this document, the Commission 
further delays the effective date in order to allow the Commission time 
to convene a Tribal Advisory Committee (TAC), to receive and review 
input from the TAC, and to thoroughly review comments from the public 
on any potential amendments to the regulations.

DATES: This rule is effective October 12, 2012. The effective date for 
the amendments to Sec. Sec.  542.7 and 542.16 in the final rule 
published October 10, 2008 (73 FR 60492), delayed October 9, 2009 (74 
FR 52138) and September 10, 2010 (75 FR 55269), is further delayed 
until October 12, 2012. Comments must be received on or before October 
25, 2011.

ADDRESSES: You may submit comments by any one of the following methods, 
however, please note that comments sent by electronic mail are strongly 
encouraged.
     E-mail comments to: [email protected].
     Mail comments to: Lael Echo-Hawk, Counselor to the Chair, 
National Indian Gaming Commission, 1441 L Street, NW., Suite 9100, 
Washington, DC 20005.
     Hand deliver comments to: 1441 L Street, NW., Suite 9100, 
Washington, DC 20005.
     Fax comments to: Lael Echo-Hawk, Counselor to the Chair, 
National Indian Gaming Commission at 202-632-0045.

FOR FURTHER INFORMATION CONTACT: Lael Echo-Hawk, National Indian Gaming 
Commission, 1441 L Street, NW., Suite 9100, Washington, DC 20005. 
Telephone: 202-632-7009; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act (IGRA or 
Act), Public Law 100-497, 25 U.S.C. 2701 et seq., was signed into law 
on October 17, 1988. The Act establishes the National Indian Gaming 
Commission (``Commission'') and sets out a comprehensive framework for 
the regulation of gaming on Indian lands.
    The NIGC issued a final rule that superseded specified sections of 
established Minimum Internal Control Standards and replaced them with a 
new part titled Minimum Internal Control Standards Class II Gaming, 
that was published in the Federal Register on October 10, 2008 (73 FR 
60492). The final rule provided an effective date for amendments to 
Sec. Sec.  542.7 and 542.16 of October 13, 2009. An extension delayed 
the effective date of the amendments until October 13, 2010. 74 FR 
52138, October 9, 2009. An additional extension delayed the effective 
date of the amendments until October 13, 2011, 75 FR 55269, September 
10, 2010. The NIGC is again extending the effective date of these 
amendments to October 12, 2012. The rule at Sec.  543.3(c)(3) also set 
a deadline of within six months of the date the tribal gaming 
regulatory authorities' enactment of tribal internal controls for 
tribal operators to come into compliance with tribal internal controls. 
This deadline has likewise been extended to October 12, 2012.
    As explained in the preamble to the final rule (73 FR 60492 
(October 10, 2008)), the Commission intended these amendments to be the 
first part of a multi-phase process of establishing separate MICS for 
class II gaming and that the extended effective date would provide the 
necessary time to complete this process. On October 9, 2009, the 
Commission extended the effective date of the amendments until October 
13, 2010, anticipating that all phases of the process would then be 
complete and that a final comprehensive set of class II MICS would take 
effect at that time. 74 FR 52138 (October 9, 2009). The newly appointed 
Commission approved an additional extension to delay the effective date 
of the amendments until October 13, 2011, 75 FR 55269 (September 10, 
2010). The Commission then decided to create a Tribal Advisory 
Committee to assist in the review of these rules. The NIGC is again 
extending the effective date of these amendments to October 12, 2012 to 
allow time for the transition as contemplated by the final rule.

List of Subjects

25 CFR Part 542

    Accounting, Gambling, Indians--lands, Reporting and recordkeeping 
requirements.

25 CFR Part 543

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

    For the reasons set forth above, under the authority at 25 U.S.C. 
2701, 2702, 2706, et seq., the effective date for the amendments to 
Sec. Sec.  542.7 and 542.16 in the final rule published October 10, 
2008, 73 FR 60492, is delayed from October 13, 2011, until October 12, 
2012 and 25 CFR part 543.3 is amended as set forth below:

PART 543--MINIMUM INTERNAL CONTROL STANDARDS FOR CLASS II GAMING

0
1. The authority citation for part 543 continues to read as follows:

    Authority: 25 U.S.C. 2701 et seq.

[[Page 53818]]


0
2. Section 543.3 is amended by revising paragraph (c)(3) to read as 
follows:


Sec.  543.3  How do tribal governments comply with this part?

* * * * *
    (c) * * *
    (3) Establish a deadline, no later than October 12, 2012, by which 
a gaming operation must come into compliance with the tribal internal 
control standards. However, the tribal gaming regulatory authority may 
extend the deadline by six months if written notice citing 
justification is provided to the Commission no later than two weeks 
before the deadline.
* * * * *

    Dated: August 24, 2011, Washington, DC.
Tracie L. Stevens,
Chairwoman.
Steffani A. Cochran,
Vice-Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2011-22035 Filed 8-29-11; 8:45 am]
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