[Federal Register Volume 86, Number 228 (Wednesday, December 1, 2021)]
[Proposed Rules]
[Pages 68200-68202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25845]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 559

RIN 3141-AA76


Facility License Notifications

AGENCY: National Indian Gaming Commission.

ACTION: Proposed rule.

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SUMMARY: The National Indian Gaming Commission proposes to amend our 
facility license notifications. The proposed rule would modify the 
requirement that facility license notice submissions include a name and 
address of the proposed gaming facility. Specifically, the National 
Indian Gaming Commission would require the submission of the name and 
address of the property only if known when the facility license 
notification is submitted to the NIGC Chair. The Commission proposes 
this action to assist tribal governments, and tribal gaming regulatory 
authorities that face challenges in meeting the regulatory requirement 
in instances where a facility has not been issued a name or address.

DATES: The agency must receive comments on or before January 3, 2022.

ADDRESSES: You may send comments by any of the following methods:

[[Page 68201]]

     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Email: [email protected].
     Mail: National Indian Gaming Commission, 1849 C Street NW, 
MS 1621, Washington, DC 20240.
     Fax comments to: National Indian Gaming Commission at 202-
632-0045.
     Hand Delivery: National Indian Gaming Commission, 90 K 
Street NE, Suite 200, Washington, DC 20002, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Rea Cisneros, National Indian Gaming 
Commission; Telephone: (202) 632-7003.

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 (NIGC or 
Commission) and sets out a comprehensive framework for the regulation 
of gaming on Indian lands. On February 1, 2008, the NIGC published a 
final rule in the Federal Register called Facility License 
Notifications and Submissions, 73 FR 6019. The rule amended the then-
current facility license regulations to provide for an expedited review 
to confirm a tribe's submittal of facility license information; to 
require notice to the NIGC when a tribe issues, renews, or terminates a 
facility license; to streamline the submittal of certain information 
relating to the construction, maintenance, and operation of a gaming 
facility; and to provide that a tribe need not submit a notification of 
seasonal or temporary closures of less than 180 days.

III. Development of the Proposed Rule

    On, June 9, 2021, the National Indian Gaming Commission sent a 
Notice of Consultation announcing that the Agency intended to consult 
on a number of topics, including proposed changes to the Facility 
License notifications and submission requirements. Prior to 
consultation, the Commission released proposed discussion drafts of the 
regulations for review. The proposed amendments to the regulations were 
intended to implement flexibilities for a tribe to submit the 
notification of a new facility if the facility does not have an 
existing physical address at the time of submission.
    The Commission held two virtual consultation sessions in July 2021 
to receive tribal input on the possible changes. The Commission 
reviewed all comments and now proposes these changes which it believes 
will allow Tribes greater flexibility in submitting facility license 
notifications and afford the Agency greater efficiency in processing 
the applications.

III. 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 rulemaking does 
not have an effect on the economy of $100 million or more. The 
rulemaking 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 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 
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

    The information collection requirements contained in this proposed 
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 
3141-0012.

Tribal Consultation

    The National Indian Gaming Commission is committed to fulfilling 
its tribal consultation obligations--whether directed by statute or 
administrative action such as Executive Order (E.O.) 13175 
(Consultation and Coordination with Indian Tribal Governments)--by 
adhering to the consultation framework described in its Consultation 
Policy published July 15, 2013. The NIGC's consultation policy 
specifies that it will consult with tribes on Commission Action with 
Tribal Implications, which is defined as: Any Commission regulation, 
rulemaking, policy, guidance, legislative proposal, or operational 
activity that may have a substantial direct effect on an Indian tribe 
on matters including, but not limited to the ability of an Indian tribe 
to regulate its Indian gaming; an Indian tribe's formal relationship 
with the Commission; or the consideration of the Commission's trust 
responsibilities to Indian tribes.
    Pursuant to this policy, on June 9, 2021, the National Indian 
Gaming Commission sent a Notice of Consultation announcing that the 
Agency intended to consult on a number of topics, including proposed 
changes to the management contract process.

List of Subjects in 25 CFR Part 559

    Gambling, Indian--lands, Indian--tribal government, Reporting and 
recordkeeping requirements.

    Therefore, for reasons stated in the preamble, 25 CFR part 559 is 
amended as follows:

[[Page 68202]]

PART 559--FACILITY LICENSE NOTIFICATIONS

0
1. The authority citation for part 559 continues to read as follows:

    Authority:  25 U.S.C. 2701, 2702(3), 2703(4), 2705, 2706(b)(10), 
2710, 2719.


0
2. Revise Sec.  559.2(b) to read as follows:


Sec.  559.2  When must a tribe notify the Chair that it is considering 
issuing a new facility license?

* * * * *
    (b) The notice shall contain the following:
    (1) A legal description of the property;
    (2) The tract number for the property as assigned by the Bureau of 
Indian Affairs, Land Title and Records Offices, if any;
    (3) If not maintained by the Bureau of Indian Affairs, Department 
of the Interior, a copy of the trust or other deed(s) to the property 
or an explanation as to why such documentation does not exist; and
    (4) If not maintained by the Bureau of Indian Affairs, Department 
of the Interior, documentation of property ownership.
* * * * *

    Dated: November 18, 2021, Washington, DC.
E. Sequoyah Simermeyer,
Chairman.
[FR Doc. 2021-25845 Filed 11-30-21; 8:45 am]
BILLING CODE 7565-01-P