Federal Register, Volume 78 Issue 15 (Wednesday, January 23, 2013)

[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Rules and Regulations]
[Pages 4784-4785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00942]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 514


Fees

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Correcting amendment.

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SUMMARY: The National Indian Gaming Commission (NIGC or Commission) 
corrects its fee regulations in order to reference the Commission's 
recently finalized appeal rules contained in another subchapter.

DATES: Effective Date: February 7, 2013.

FOR FURTHER INFORMATION CONTACT: Armando Acosta, National Indian Gaming 
Commission, 1441 L Street NW., Suite 9100, Washington, DC 20005. Email: 
[email protected]; telephone: (202) 632-7003.

SUPPLEMENTARY INFORMATION: 

I. 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 established an agency funding framework whereby gaming operations 
licensed by tribes pay a fee to the Commission for each gaming 
operation that conducts Class II or Class III gaming activity that is 
regulated by IGRA. 25 U.S.C. 2717(a)(1). These fees are used to fund 
the Commission in carrying out its statutory duties. Fees are based on 
the gaming operation's assessable gross gaming revenues, which are 
defined as the annual total amount of money wagered, less any amounts 
paid out as prizes or paid for prizes awarded and less allowance for 
amortization of capital expenditures for structures. 25

[[Page 4785]]

U.S.C. 2717(a)(6). The rate of fees is established annually by the 
Commission and is payable on a quarterly basis. 25 U.S.C. 2717(a)(3). 
IGRA limits the total amount of fees imposed during any fiscal year to 
.08 percent of the gross gaming revenues of all gaming operations 
subject to regulation under IGRA. Failure of a gaming operation to pay 
the fees imposed by the Commission's fee schedule can be grounds for a 
civil enforcement action. 25 U.S.C. 2713(a)(1). The purpose of part 514 
is to establish how the NIGC sets and collects those fees, to establish 
a basic formula for tribes to utilize in calculating the amount of fees 
to pay, and to advise tribes of the potential consequences for failure 
to pay the fees.
    On February 2, 2012, the Commission published a final rule amending 
part 514 to provide for the submittal of fees and fee worksheets on a 
quarterly basis rather than bi-annually; to provide for operations to 
calculate fees based on the gaming operation's fiscal year rather than 
a calendar year; to amend certain language in the regulation to better 
reflect industry usage; to establish an assessment for fees submitted 
1-90 days late; and to establish a fingerprinting fee payment process. 
77 FR 5178, Feb. 2, 2012. In its final rule, the Commission also 
provided tribes with rights to appeal proposed late fee assessments in 
accordance with 25 CFR part 577.
    On September 25, 2012, the Commission published a final rule 
consolidating all appeal proceedings before the Commission into a new 
subchapter H (Appeal Proceedings Before the Commission), thereby 
removing former parts 524, 539, and 577. 77 FR 58941, Sept. 25, 2012. 
Thus, any reference in part 514 to appeal rights in former part 577 is 
obsolete and must be revised to reference the new subchapter H.

Regulatory Matters

Regulatory Flexibility Act

    The 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 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 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 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 as required 
by 44 U.S.C. 3501, et seq., and assigned OMB Control Number 3141-0007. 
The OMB control number expires on November 30, 2015.

Text of the Rules

    For the reasons discussed in the Preamble, the Commission amends 
its regulations at 25 CFR part 514 as follows:

PART 514--FEES

0
1. The authority citation for part 514 continues to read as follows:

    Authority: 25 U.S.C. 2706, 2710, 2710, 2717, 2717a.
0
2. In part 514, revise all references to ``part 577'' to read 
``subchapter H''.

    Dated: January 14, 2013.
Tracie L. Stevens,
Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013-00942 Filed 1-22-13; 8:45 am]
BILLING CODE 7565-01-P