[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Proposed Rules]
[Pages 80846-80847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33028]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 502

RIN 3141-AA43


Definition of Enforcement Action

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This action proposes to amend NIGC regulations to include 
definitions for ``enforcement action''. The Indian Gaming Regulatory 
Act authorizes the NIGC to take certain actions in regard to violations 
of the Act, NIGC regulations, and tribal gaming ordinances. However, 
current NIGC regulations do not provide a definition for such actions. 
The Commission believes that providing a definition for these actions 
will provide clarity to persons subject to them. Therefore, a 
definition of ``enforcement action'' is proposed in this notice.

DATES: The agency must receive comments on or before February 27, 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.
     Email comments to: [email protected].
     Mail comments to: National Indian Gaming Commission, 1441 
L Street NW., Suite 9100, Washington, DC 20005.
     Hand deliver comments to: National Indian Gaming 
Commission, 1441 L Street NW., Suite 9100, Washington, DC 20005.
     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. Part 573 
was included in this regulatory review.

III. Development of the Proposed Rule

    The Commission conducted a total of 10 tribal consultations as part 
of its review of Part 573. Tribal consultations were held in every 
region of the country and were attended by over 176 tribes and 463 
tribal leaders or their representatives. In addition to tribal 
consultations, on June 28, 2011, the

[[Page 80847]]

Commission requested public comment on a Preliminary Draft of 
amendments to Part 573. After considering the comments received from 
the public and through tribal consultations, the Commission realized 
that to supplement the amendments made to Part 573, a definition of 
``enforcement action'' needed to be added to Part 502.

A. ``Enforcement Action''

    The current NIGC regulations do not provide a definition for 
``enforcement action.'' The Commission believes that providing a 
definition for ``enforcement action'' will provide clarity to persons 
subject to enforcement actions by the NIGC.

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 the Small Business 
Regulatory Enforcement Fairness Act, 5 U.S.C. 804(2). This rule does 
not have an annual effect on the economy of $100 million or more. This 
rule will not cause a major increase in costs or prices for consumers, 
individual industries, federal, state or local government agencies or 
geographic regions and does not have a significant adverse effect on 
competition, employment, investment, productivity, innovation, or the 
ability of U.S.-based enterprises to compete with foreign-based 
enterprises.

Unfunded Mandate 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 proposed rule does not unduly burden the judicial 
system and meets the requirements of sections 3(a) and 3(b)(2) of the 
Executive Order.

National Environmental Policy Act

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

Paperwork Reduction Act

    This proposed rule does not require information collection under 
the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, et seq., and is 
therefore not subject to review by the Office of Management and Budget.

List of Subject in 25 CFR Part 502

    Enforcement Actions.
    For the reasons stated in the preamble, the National Indian Gaming 
Commission proposes to amend 15 CFR part 502 as follows:
    1. The authority citation for part 502 is revised to read as 
follows:

    Authority: 25 U.S.C. 2706(b)(10); 2713.

    2. Add Sec.  502.24 to read as follows:


Sec.  502.24  Enforcement action

    Enforcement action means any action taken by the Chair under 25 
U.S.C. 2713 against any person engaged in gaming, for a violation of 
any provision of IGRA, the regulations of this chapter, or tribal 
regulations, ordinances, or resolutions approved under 25 U.S.C. 2710 
or 2712 of IGRA, including, but not limited to, the following: a notice 
of violation; a civil fine assessment; or an order for temporary 
closure.

    Dated: December 16, 2011, Washington, DC.
Tracie L. Stevens,
Chairwoman.
Steffani A. Cochran,
Vice-Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2011-33028 Filed 12-23-11; 8:45 am]
BILLING CODE 7565-02-P