[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Proposed Rules]
[Pages 68445-68446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25838]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / 
Proposed Rules  

[[Page 68445]]



DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 514

RIN 3141-AA77


Fees

AGENCY: National Indian Gaming Commission, Department of the Interior.

ACTION: Proposed rule.

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SUMMARY: The National Indian Gaming Commission proposes to amend agency 
procedures for calculating the amount of annual fee a gaming operation 
owes the National Indian Gaming Commission. The proposed amendments 
will allow a gaming operation to exclude certain promotional credits 
from the calculation of Assessable Gross Gaming Revenue.

DATES: Written comments on this proposed rule must be received on or 
before January 3, 2022.

ADDRESSES: You may submit comments by any one of the following methods, 
however, please note that comments sent by electronic mail are strongly 
encouraged.
    [ssquf] Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
    [ssquf] Email comments to: [email protected].
    [ssquf] Mail comments to: National Indian Gaming Commission, 1849 C 
Street NW, MS 1621, Washington, DC 20240.
    [ssquf] Fax comments to: National Indian Gaming Commission at 202-
632-0045.

FOR FURTHER INFORMATION CONTACT: Austin Badger at (202) 632-7003 or by 
fax (202) 632-7066 (these numbers are not toll free).

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 the National Indian Gaming Commission (``NIGC'' or 
``Commission'') and set out a comprehensive framework for the 
regulation of gaming on Indian lands. On August 15 1991, the NIGC 
published a final rule in the Federal Register called Annual Fees 
Payable By Class II Gaming Operations. 58 FR 5831. The rule added a new 
part to the Commission's regulations to provide direction and guidance 
to Class II gaming operations to enable them to compute and pay the 
annual fees as authorized by the Indian Gaming Regulatory Act. The 
Commission has substantively amended them numerous times, most recently 
in 2018 (83 FR 2903).

II. Development of the 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 fee 
regulations. Prior to consultation, the Commission released proposed 
discussion drafts of the regulations for review. The proposed amendment 
to the fee regulations were intended to provide clarity as to whether a 
tribal gaming operation must include certain promotional credits, 
commonly referred to as ``free play,'' as ``money wagered'' for 
purposes of calculating assessable gross revenues. The Commission held 
two virtual consultation sessions in July of 2021 to receive tribal 
input on the possible changes.
    The Commission reviewed all comments received as part of the 
consultation process. One comment suggested that rather than allowing a 
tribal gaming operation to decide whether to exclude the promotional 
credits, it should make the exclusion mandatory. The Commission 
rejected this comment for purposes of this proposed rulemaking so as to 
provide maximum flexibility to tribal gaming operations to decide for 
themselves whether to exclude the credits or not. That being said, the 
Commission is especially interested in comments as to whether there 
would be unintended consequences if the Commission were to allow the 
tribal gaming operation to decide if it will deduct promotional 
credits.

III. 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 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 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

[[Page 68446]]

by 44 U.S.C. 3501, et seq., and assigned OMB Control Number 3141-0007.

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, 20201, 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 fee regulations.

List of Subjects in 25 CFR Part 514

    Administrative practice and procedure, Gambling, Indian, Indians--
lands, Indians--tribal government, Indians--business and finance.

    For the reasons discussed in the Preamble, the Commission proposes 
to revise 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, 2717, 2717a.

0
2. Amend Sec.  514.4 by revising paragraph (f) and adding paragraph (g) 
to read as follows:


Sec.  514.4  How does a gaming operation calculate the amount of the 
annual fee it owes?

* * * * *
    (f) The amounts wagered that the gaming operation can demonstrate 
were issued by the gaming operation as promotional credits may be 
excluded from the total amount of money wagered.
    (g) Unless otherwise provided by regulation, generally accepted 
accounting principles shall be used.

    Dated: November 18, 2021, Washington, DC.
E. Sequoyah Simermeyer,
Chairman.
[FR Doc. 2021-25838 Filed 12-1-21; 8:45 am]
BILLING CODE 7565-01-P