[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Proposed Rules]
[Pages 79567-79571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32760]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Parts 556 and 558

RIN 3141-AA15


Tribal Background Investigations and Licensing

AGENCY: National Indian Gaming Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The proposed rule modifies certain NIGC regulations concerning 
background investigations and licenses to reduce the quantity of 
documents that must be submitted to the Commission; to require that two 
notifications be submitted to the Commission in order to comply with 
the Indian Gaming Regulatory Act (IGRA); and to establish the 
requirements for the issuance of temporary and permanent gaming 
licenses.

DATES: Submit comments on or before February 21, 2012.

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

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

SUPPLEMENTARY INFORMATION: 

I. Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking by submitting such written data, views, or arguments as they 
may desire. Comments that provide the factual basis supporting the 
views and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal.

II. Background

    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 purposes of IGRA include providing a statutory basis 
for the operation of gaming by Indian Tribes as a means of promoting 
tribal economic development, self-sufficiency, and strong tribal 
governments; ensuring that the Indian tribe is the primary beneficiary 
of the gaming operation; and declaring that the establishment of 
independent federal regulatory authority for gaming on Indian lands, 
the establishment of federal standards for gaming on Indian lands, and 
the establishment of a National Indian Gaming Commission are necessary 
to meet congressional concerns regarding gaming and to protect such 
gaming as a means of generating tribal revenue. 25 U.S.C. 2702.
    On November 18, 2010, the National Indian Gaming Commission (NIGC) 
issued a Notice of Inquiry and Notice of Consultation (NOI) advising 
the public that the NIGC was conducting a comprehensive review of its 
regulations and requesting public comment on which of its regulations 
were most in need of revision, in what order the Commission should 
review its regulations, and the process NIGC should utilize to make 
revisions. 75 FR 70680 (Nov. 18, 2010). On April 4, 2011, after holding 
eight consultations and reviewing all comments, NIGC published a Notice 
of Regulatory Review Schedule (NRR) setting out a consultation schedule 
and process for review. 76 FR 18457. The Commission's regulatory review 
process established a tribal consultation schedule with a description 
of the regulation groups to be covered at each consultation. These 
Parts 556 and 558 were included in this regulatory review.

[[Page 79568]]

III. Development of the Proposed Rule

    The Commission conducted a total of 9 tribal consultations as part 
of its review of Parts 556 and 558. Tribal consultations were held in 
every region of the country and were attended by over 137 tribes and 
381 tribal leaders or their representatives. In addition to tribal 
consultations, on July 7, 2011, the Commission requested public comment 
on a Preliminary Draft of amendments to Parts 556 and 558. After 
considering the comments received from the public and through tribal 
consultations, the Commission proposes to amend these parts and 
formalize the ``pilot program'' background investigation and licensing 
procedures.
    Parts 556 and 558 address background investigations and licenses 
for gaming operation key employees and primary management officials. 
These regulations require tribes to submit to the NIGC an application 
and investigative report on all key employees and primary management 
officials employed by tribal gaming operations. In the 1990s, the NIGC 
initiated a ``pilot program'' for tribes who had a proven track record 
of complying with the background and licensing regulations. The purpose 
of this program was to reduce the quantity of documents the tribes were 
required to submit to the NIGC. Tribes participated in the pilot 
program by signing a memorandum of understanding with the NIGC that 
allowed a tribe to submit a notice of results (NOR) instead of the 
application and investigative report. The notice of results provided a 
synopsis of the background investigation and results to the NIGC on key 
employees and primary management officials. These regulatory changes 
would negate the need for memorandum of understandings with tribes and 
eliminate requirement that tribes submit an application and 
investigation report for each key employee and primary management 
official. Instead, tribes would be required to submit a notice of 
results for the background investigation of key employees and primary 
management officials as well as to retain applications and 
investigation reports for the NIGC to review.
    The IGRA requires that tribes submit background investigation 
results to the Commission before issuing licenses. 25 U.S.C. 
2710(b)(2)(F)(ii)(III). The tribe must then notify the NIGC after it 
has issued the license to primary management officials or key 
employees. 25 U.S.C. 2710(b)(2)(F)(ii)(I).

A. General Comments

    Commenters supported the changes put forward in the preliminary 
draft. Tribes noted that the pilot program has been a success and that 
they were supportive of the NIGC's proposal to formalize the pilot 
program into regulations. One commenter noted that the current 
procedure is burdensome and that formalization of the pilot program 
creates efficiency in the background and licensing process. Some 
commenters questioned the level of detail included in the regulations, 
but also noted that these changes were an improvement over the current 
regulations while not substantively increasing the requirements.

B. Background Investigation and Licensing

    Tribes are currently required to submit a completed application of 
background information upon the employment of a key employee or primary 
management official. 25 CFR 556.5(a). Tribes are also required to 
submit a background investigative report before issuing a license to a 
key employee or primary management official. 25 CFR 556.5(b). The 
investigative report is required to include: (1) Steps taken in 
conducting a background investigation; (2) results obtained; (3) 
conclusions reached; and (4) the bases for those conclusions. 25 CFR 
556.5(b). When submitting the investigative report, tribes are also 
required to include a copy of the eligibility determination. Some 
commenters recommended using ``suitability determination'' in the place 
of ``eligibility determination.'' The Commission considered this 
recommendation but after reviewing the language of the Act, decided 
against making that change. The Act references suitability for 
determining whether a person is eligible for employment. 25 U.S.C. 
2710(b)(2)(f)(ii)(II).
    A tribe is required to develop licensing procedures for all 
employees of the gaming operation and to retain applications for 
employment and reports of any background investigations for inspection 
by the Commission for no less than three years from the dates of 
termination of employment of key employees and primary management 
officials. The licensing requirements are included in a tribal 
ordinance when submitted to the Chair for approval.
    The proposed rule continues to require a tribe to create and 
maintain: (1) A gaming license application identical to the one 
required under the current regulations; (2) an investigative report 
identical to the one required to be submitted to the NIGC under the 
current regulations; and (3) a copy of the eligibility determination. 
The proposed rule, however, reduces the submission requirements. In 
cases where a tribe issues a license, the tribe need only submit a 
notice of results (NOR)--rather than the application and investigative 
report--to the NIGC no later than 60 days after the applicant begins 
work. Tribes are also required to submit a notice of the issuance of a 
license to the NIGC. In cases where a tribe does not issue a license, 
it must forward the investigative report to NIGC for inclusion in the 
Indian Gaming Individual Records System.
    Many commenters noted that a uniform method of sending the NOR to 
the NIGC would be useful. The Commission agrees and has developed the 
form included in this Notice to be used by all tribes submitting NOR's 
to the NIGC.
    Under the proposed rule, a tribe would be required to maintain a 
completed licensing application for a primary management official or 
key employee. The tribe must conduct a background investigation to 
determine the eligibility of the employee for a gaming license. The 
proposed rule refines the purpose of the background investigation as 
one needed to determine whether the employee is eligible for a gaming 
license. Tribes can determine for themselves what services to utilize 
to conduct the investigation. In some instances, the state may provide 
this service, or in others, the tribe may utilize federal or private 
services. One commenter suggested requiring applicants to provide a 
list of all associations to which they pay membership dues. While this 
change was not made in the proposed rule, the Commission is interested 
in hearing whether this is a requirement that should be included in the 
regulation.
    In addition, the proposed rule changes current regulations by 
clarifying that these parts do not apply to licenses that are intended 
to expire within 90 days of issuance. Many tribes utilize a temporary 
license system. The NIGC does not propose to restrict the tribes' 
authority to send applicants to work while processing their background 
investigations, so long as they are not employed for more than 90 days 
without obtaining a license that meets the requirements of these parts.

C. Access to Background Investigation

    Many commenters requested improved access to the background 
investigation materials obtained by the NIGC. While the NIGC does 
collect the NOR submitted by tribes on primary

[[Page 79569]]

management officials and key employees that information is not 
currently made available to third-party tribes. In response to the many 
comments on improved access the NIGC is working towards making 
information more readily available to tribes. Until there is sufficient 
resources and technology to make this kind of information available in 
a secure format, the NIGC will endeavor to make information available 
when and where appropriate.
    Two commenters requested that the NIGC remove the requirements of 
Sec.  556.2 and Sec.  556.3 which reference ordinance amendments with 
regard to the Privacy Act and False Statement notices. The NIGC agrees 
that ordinance amendments need not be mentioned in that section because 
tribes may include specifics of background investigation procedures--
including Privacy Act and False Statement notices--in supplementary 
submission materials rather than placing them in the ordinance itself 
(See 25 CFR 522.2(b)). Once final, however, all future ordinances and 
submission materials must comply with Sec.  556.8 of this proposed 
rule. The NIGC further notes that the privacy notice is required by 
federal law to notify applicants of the restrictions binding the NIGC 
as a federal agency for releasing personal information. Tribes are not 
necessarily bound by those restrictions, but must supply the notice to 
applicants before submitting their information to NIGC as required by 
25 U.S.C. 2710(b)(2)(F)(ii)(III).
    One commenter suggested that tribes should have the discretion to 
decide whether to keep confidential the identities of those interviewed 
in the course of a background investigation. NIGC disagrees, notes that 
this is an existing requirement under the current regulations and pilot 
program (See 25 CFR 556.4(b)), and believes the promise of 
confidentiality is necessary for obtaining sensitive information from 
those interviewed.

Regulatory Matters

Regulatory Flexibility Act

    The proposed rule will not have a significant impact on a 
substantial number of small entities as defined under the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq. Moreover, Indian Tribes are not 
considered to be small entities for the purposes of the Regulatory 
Flexibility Act.

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 rule does not 
have an effect on the economy of $100 million or more. The rule will 
not cause a major increase in costs or prices for consumers, individual 
industries, Federal, State, local government agencies or geographic 
regions, nor will the proposed rule have a significant adverse effect 
on competition, employment, investment, productivity, innovation, or 
the ability of the enterprises to compete with foreign based 
enterprises.

 Unfunded Mandates Reform Act

    The Commission, as an independent regulatory agency, is exempt from 
compliance with the Unfunded Mandates Reform Act, 2 U.S.C. 1502(1); 2 
U.S.C. 658(1).

Takings

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

Civil Justice Reform

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

National Environmental Policy Act

    The Commission has determined that the 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, 42 U.S.C. 4321, et seq.

Paperwork Reduction Act

    The information collection requirements contained in this rule were 
previously approved by the Office of Management and Budget (OMB) as 
required by 44 U.S.C. 3501 et seq. and assigned OMB Control Number 
3141- 0007, which expired in August of 2011. The NIGC is in the process 
of reinstating that Control Number.

List of Subjects

25 CFR Part 556

    Gaming, Indian lands.

25 CFR Part 558

    Gaming, Indian lands.

Text of the Proposed Rules

    For the reasons discussed in the Preamble, the Commission proposes 
to amend Subchapter E of Title 25 to read as follows:
    1. Revise Part 556 to read as follows:

PART 556--BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT 
OFFICIALS AND KEY EMPLOYEES

Sec.
556.1 Scope of this part.
556.2 Privacy notice.
556.3 Notice regarding false statements.
556.4 Background investigations.
556.5 Tribal eligibility determination.
556.6 Report to the Commission.
556.7 Notice.
556.8 Compliance with this part.

    Authority:  25 U.S.C. 2706, 2710, 2712.


Sec.  556.1  Scope of this part.

    Unless a tribal-state compact assigns sole jurisdiction to an 
entity other than a tribe with respect to background investigations, 
the requirements of this part apply to all class II and class III 
gaming. The procedures and standards of this part apply only to primary 
management officials and key employees. This part does not apply to any 
license that is intended to expire within 90 days of issuance.


Sec.  556.2  Privacy notice.

    (a) A tribe shall place the following notice on the application 
form for a key employee or a primary management official before that 
form is filled out by an applicant:
    In compliance with the Privacy Act of 1974, the following 
information is provided: Solicitation of the information on this form 
is authorized by 25 U.S.C. 2701 et seq. The purpose of the requested 
information is to determine the eligibility of individuals to be 
granted a gaming license. The information will be used by the Tribal 
gaming regulatory authorities and by the National Indian Gaming 
Commission (NIGC) members and staff who have need for the information 
in the performance of their official duties. The information may be 
disclosed by the Tribe or the NIGC to appropriate Federal, Tribal, 
State, local, or foreign law enforcement and regulatory agencies when 
relevant to civil, criminal or regulatory investigations or 
prosecutions or when pursuant to a requirement by a tribe or the NIGC 
in connection with the issuance, denial, or revocation of a gaming 
license, or investigations of activities while associated with a tribe 
or a gaming operation. Failure to consent to the disclosures indicated 
in this notice will

[[Page 79570]]

result in a tribe's being unable to license you for a primary 
management official or key employee position.
    The disclosure of your Social Security Number (SSN) is voluntary. 
However, failure to supply a SSN may result in errors in processing 
your application.
    (b) A tribe shall notify in writing existing key employees and 
primary management officials that they shall either:
    (1) Complete a new application form that contains a Privacy Act 
notice; or
    (2) Sign a statement that contains the Privacy Act notice and 
consent to the routine uses described in that notice.
    (c) All license application forms used one-hundred eighty (180) 
days after the effective date of this section shall comply with this 
section.


Sec.  556.3  Notice regarding false statements.

    (a) A tribe shall place the following notice on the application 
form for a key employee or a primary management official before that 
form is filled out by an applicant:
    A false statement on any part of your license application may be 
grounds for denying a license or the suspension or revocation of a 
license. Also, you may be punished by fine or imprisonment (U.S. Code, 
title 18, section 1001).
    (b) A tribe shall notify in writing existing key employees and 
primary management officials that they shall either:
    (1) Complete a new application form that contains a notice 
regarding false statements; or
    (2) Sign a statement that contains the notice regarding false 
statements.
    (c) All license application forms used 180 days after the effective 
date of this section shall comply with this section.


Sec.  556.4  Background investigations.

    A tribe shall perform a background investigation for each primary 
management official and for each key employee of a gaming operation.
    (a) A tribe shall request from each primary management official and 
from each key employee all of the following information:
    (1) Full name, other names used (oral or written), social security 
number(s), birth date, place of birth, citizenship, gender, all 
languages (spoken or written);
    (2) Currently and for the previous five years: business and 
employment positions held, ownership interests in those businesses, 
business and residence addresses, and driver's license numbers;
    (3) The names and current addresses of at least three personal 
references, including one personal reference who was acquainted with 
the applicant during each period of residence listed under paragraph 
(a)(2) of this section;
    (4) Current business and residence telephone numbers;
    (5) A description of any existing and previous business 
relationships with Indian tribes, including ownership interests in 
those businesses;
    (6) A description of any existing and previous business 
relationships with the gaming industry generally, including ownership 
interests in those businesses;
    (7) The name and address of any licensing or regulatory agency with 
which the person has filed an application for a license or permit 
related to gaming, whether or not such license or permit was granted;
    (8) For each felony for which there is an ongoing prosecution or a 
conviction, the charge, the name and address of the court involved, and 
the date and disposition if any;
    (9) For each misdemeanor conviction or ongoing misdemeanor 
prosecution (excluding minor traffic violations) within 10 years of the 
date of the application, the name and address of the court involved and 
the date and disposition;
    (10) For each criminal charge (excluding minor traffic charges) 
whether or not there is a conviction, if such criminal charge is within 
10 years of the date of the application and is not otherwise listed 
pursuant to paragraph (a)(8) or (a)(9) of this section, the criminal 
charge, the name and address of the court involved and the date and 
disposition;
    (11) The name and address of any licensing or regulatory agency 
with which the person has filed an application for an occupational 
license or permit, whether or not such license or permit was granted;
    (12) A photograph;
    (13) Any other information a tribe deems relevant; and
    (14) Fingerprints consistent with procedures adopted by a tribe 
according to Sec.  522.2(h) of this chapter.
    (b) If, in the course of a background investigation, a tribe 
discovers that the applicant has a notice of results on file with the 
NIGC from a prior investigation and the tribe has access to the earlier 
investigative materials (either through the NIGC or the previous tribal 
investigative body), the tribe may rely on those materials and update 
the investigation and investigative report under Sec.  556.6(b)(1) of 
this part.
    (c) In conducting a background investigation, a tribe or its agents 
shall keep confidential the identity of each person interviewed in the 
course of the investigation.


Sec.  556.5  Tribal Eligibility Determination.

    A tribe shall conduct an investigation sufficient to make an 
eligibility determination.
    (a) To make a finding concerning the eligibility of a key employee 
or primary management official for granting of a gaming license, an 
authorized tribal official shall review a person's:
    (1) Prior activities;
    (2) Criminal record, if any; and
    (3) Reputation, habits and associations.
    (b) If the authorized tribal official, in applying the standards 
adopted in a tribal ordinance, determines that licensing of the person 
poses a threat to the public interest or to the effective regulation of 
gaming, or creates or enhances the dangers of unsuitable, unfair, or 
illegal practices and methods and activities in the conduct of gaming, 
an authorizing tribal official shall not license that person in a key 
employee or primary management official position.


Sec.  556.6  Report to the Commission.

    (a) When a tribe employs a primary management official or a key 
employee, the tribe shall maintain a complete application file 
containing the information listed under Sec.  556.4(a)(1)-(14) of this 
part.
    (b) Before issuing a license to a primary management official or to 
a key employee, a tribe shall:
    (1) Create and maintain an investigative report on each background 
investigation. An investigative report shall include all of the 
following:
    (i) Steps taken in conducting a background investigation;
    (ii) Results obtained;
    (iii) Conclusions reached; and
    (iv) The bases for those conclusions.
    (2) Submit a notice of results of the applicant's background 
investigation to the Commission no later than sixty (60) days after the 
applicant begins work. The notice of results shall contain:
    (i) Applicant's name, date of birth, and social security number;
    (ii) Date on which applicant began or will begin work as key 
employee or primary management official;
    (iii) A summary of the information presented in the investigative 
report, which shall at a minimum include a listing of:
    A. Licenses that have previously been denied;
    B. Gaming licenses that have been revoked, even if subsequently 
reinstated;
    C. Every known criminal charge brought against the applicant within 
the last 10 years of the date of application; and

[[Page 79571]]

    D. Every felony of which the applicant has been convicted or any 
ongoing prosecution.
    (iv) A copy of the eligibility determination made under Sec.  556.5 
of this part.


Sec.  556.7  Notice.

    (a) All notices under this part shall be provided to the Commission 
through the appropriate Regional office.
    (b) Should a tribe wish to submit notices electronically, it should 
contact the appropriate Regional office for guidance on acceptable 
document formats and means of transmission.


Sec.  556.8  Compliance with this part.

    All tribal gaming ordinances and ordinance amendments approved by 
the Chair prior to the effective date of this part and that reference 
this part, do not need to be amended to comply with this part. All 
future ordinance submissions, however, must comply.
    2. Revise Part 558 to read as follows:

PART 558--GAMING LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT 
OFFICIALS

Sec.
558.1 Scope of this part.
558.2 Review of notice of results for a key employee or primary 
management official.
558.3 Notification to NIGC of license issuance and retention 
obligations.
558.4 Notice of disqualifying information and licensee right to a 
hearing.
558.5 Submission of notices.
558.6 Compliance with this part.

    Authority:  25 U.S.C. 2706, 2710, 2712.


Sec.  558.1  Scope of this part.

    Unless a tribal-state compact assigns responsibility to an entity 
other than a tribe, the licensing authority for class II or class III 
gaming is a tribal authority. The procedures and standards of this part 
apply only to licenses for primary management officials and key 
employees. This part does not apply to any license that is intended to 
expire within 90 days of issuance.


Sec.  558.2  Review of notice of results for a key employee or primary 
management official.

    (a) Upon receipt of a complete notice of results for a key employee 
or primary management official as required by 25 CFR 556.6(b)(2), the 
Chair has 30 days to request additional information from a tribe 
concerning the applicant or licensee and to object.
    (b) If the Commission has no objection to issuance of a license, it 
shall notify the tribe within thirty (30) days of receiving notice of 
results pursuant to Sec.  556.6(b)(2).
    (c) If, within the 30 day period described in Sec.  558.3(a) of 
this part, the Commission provides the tribe with a statement itemizing 
objections to the issuance of a license to a key employee or to a 
primary management official applicant for whom the tribe has provided a 
notice of results, the tribe shall reconsider the application, taking 
into account the objections itemized by the Commission. The tribe shall 
make the final decision whether to issue a license to such applicant.
    (d) If the tribe has issued the license before receiving the 
Commission's statement of objections, notice and hearing shall be 
provided to the licensee as provided by Sec.  558.4.


Sec.  558.3  Notification to NIGC of license issuance and retention 
obligations.

    (a) After a tribe has provided a notice of results of the 
background check to the Commission, a tribe may license a primary 
management official or key employee.
    (b) A gaming operation shall not employ a key employee or primary 
management official who does not have a license after ninety (90) days.
    (c) If a tribe does not license an applicant--
    (1) The tribe shall notify the Commission; and
    (2) Shall forward copies of its eligibility determination under 
this section and investigative report (if any) under Sec.  556.6(b)(1) 
to the Commission for inclusion in the Indian Gaming Individuals Record 
System.
    (d) Within 30 days after the issuance of the license, a tribe shall 
notify the Commission of its issuance.
    (e) A tribe shall retain the following for inspection by the Chair 
or his or her designee for no less than three years from the date of 
termination of employment:
    (1) Applications for licensing;
    (2) Investigative reports; and
    (3) Eligibility determinations.


Sec.  558.4  Notice of information impacting eligibility and licensee's 
right to a hearing.

    (a) If, after the issuance of a gaming license, the Commission 
receives reliable information indicating that a key employee or a 
primary management official is not eligible for employment under Sec.  
556.5, the Commission shall notify the issuing tribe of the 
information.
    (b) Upon receipt of such notification under paragraph (a) of this 
section, a tribe shall immediately suspend the license and shall 
provide the licensee with written notice of suspension and proposed 
revocation.
    (c) A tribe shall notify the licensee of a time and a place for a 
hearing on the proposed revocation of a license.
    (d) A right to a hearing under this part shall vest only upon 
receipt of a license granted under an ordinance approved by the Chair.
    (e) After a revocation hearing, a tribe shall decide to revoke or 
to reinstate a gaming license. A tribe shall notify the Commission of 
its decision within 45 days of receiving notification from the 
Commission pursuant to subsection (a).


Sec.  558.5  Submission of notices.

    (a) All notices under this part shall be provided to the Commission 
through the appropriate Regional office.
    (b) Should a tribe wish to submit notices electronically, it should 
contact the appropriate Regional office for guidance on acceptable 
document formats and means of transmission.


Sec.  558.6  Compliance with this part.

    All tribal gaming ordinances and ordinance amendments that have 
been approved by the Chair prior to the effective date of this section 
and that reference this part do not need to be amended to comply with 
this section. All future ordinance submissions, however, must comply.

    Dated: December 16, 2011, Washington, DC.
Tracie L. Stevens,
Chairwoman.
Steffani A. Cochran,

Vice-Chairwoman.

Daniel J. Little,

Associate Commissioner.

[FR Doc. 2011-32760 Filed 12-21-11; 8:45 am]
BILLING CODE 7565-02-P