[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Rules and Regulations]
[Pages 43989-43990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15377]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 559

RIN 3141-AA76


Facility License Notifications

AGENCY: National Indian Gaming Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Indian Gaming Commission (NIGC or Commission) is 
amending its facility license notification regulations to remove the 
requirement that a facility license notice submission include the name 
and address of the proposed gaming facility. Specifically, the National 
Indian Gaming Commission changes to 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 
where a facility has not yet been issued a name or address.

DATES: This rule is effective August 24, 2022.

FOR FURTHER INFORMATION CONTACT: Michael Hoenig, National Indian Gaming 
Commission; 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 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 titled ``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.

II. 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 tribes that submit notification 
of a new facility and

[[Page 43990]]

that facility has not yet been assigned a 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. Review of Public Comments

    In response to our notice of proposed rulemaking, published 
December 1, 2021, 86 FR 68200, the NIGC received two comments.

General Comments

    Comment: One commenter supports the proposed rule because the 
Tribal government may not know the gaming facility name or address when 
a facility license notice (FLN) is submitted to the Chair. Since the 
proposed revision contemplates this possibility, the commenter believes 
the proposed rule reduces a burden on tribal governments, and increases 
efficiency, which they believe will prove beneficial.
    Another commenter supports the proposed rule because they don't 
believe the name and address of a property is necessary to determine 
whether the location of a gaming facility is Indian lands. The 
commenter believes the change eliminates needless red tape because 
Tribal governments would no longer be required to unnecessarily wait 
for such information to be available before submitting a FLN. Finally, 
the commenter believes the change will improve efficiency.
    Response: The NIGC agrees with both commenters and will amend its 
regulations accordingly.

IV. 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 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 (OMB) 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 consultation policy specifies 
that it will consult with tribes on Commission Actions 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 facility license notification 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:

PART 559--FACILITY LICENSE NOTIFICATIONS AND SUBMISSIONS

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. Amend Sec.  559.2 by revising paragraph (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: July 13, 2022, Washington, DC.
E. Sequoyah Simermeyer,
Chairman.
Jeannie Hovland,
Vice Chair.
[FR Doc. 2022-15377 Filed 7-22-22; 8:45 am]
BILLING CODE 7565-01-P