[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57590-57595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20235]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 522

RIN 3141-AA73


Submission of Gaming Ordinance or Resolution

AGENCY: National Indian Gaming Commission.

ACTION: Final rule.

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SUMMARY: The National Indian Gaming Commission (NIGC) is amending the 
procedures for Submission of Gaming Ordinance or Resolution under the 
Indian Gaming Regulatory Act. The

[[Page 57591]]

amendment revises the regulations controlling the submission and 
approval requirements of tribal gaming ordinances or resolutions and 
amendments thereof. Notably, the rule: authorizes the submission of 
documents in electronic or physical form; clarifies that the submission 
requirements apply to amendments of ordinances or resolutions; 
eliminates the requirement that an Indian tribe provide copies of all 
gaming regulations with its submission and instead requires a tribe to 
submit gaming regulations only upon request; initiates the 90-day 
deadline for the NIGC Chair ruling upon receipt of a complete 
submission; requires tribes that subsequently amend a gaming ordinance 
pending before the Chair to provide an authentic resolution withdrawing 
the pending submission and resubmitting the revised submission; and 
eliminates the requirement that the NIGC Chair publish a tribe's entire 
gaming ordinance in the Federal Register, requiring notice of approval 
to be published with the Chair's approval letter instead. In addition, 
the NIGC has made other non-substantive revisions, such as citation to 
cross references, minor grammatical revisions, and formatting changes.

DATES: Effective October 21, 2022.

FOR FURTHER INFORMATION CONTACT: Michael Hoenig, National Indian Gaming 
Commission; 1849 C Street NW, MS 1621, Washington, DC 20240. 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 January 22, 1993, the NIGC published a final rule in the Federal 
Register called Submission of Gaming Ordinance or Resolution. 58 FR 
5810. The rule added part 522, which established a process for Indian 
tribes to submit a gaming ordinance, resolution, or amendment for the 
NIGC Chair's review and approval as required by 25 U.S.C. 2710(b)(2) 
and (d)(2)(a). The NIGC's intent was to assist tribal gaming operators 
with maintaining compliance with IGRA and implement its provisions 
germane to gaming ordinances or resolutions. The Commission promulgated 
three minor amendments thereafter. 58 FR 16494, 73 FR 6029, and 80 FR 
31994.
    On March 23, 1993, the Commission amended its submission 
requirements at Sec.  522.2(h) to include identification of a law 
enforcement agency that will take fingerprints and a description of the 
procedures for conducting a criminal history check by a law enforcement 
agency. 58 FR 16494.
    On February 1, 2008, the Commission amended part 522's submission 
requirements to codify that a tribe shall provide Indian lands or 
environmental and public health and safety documentation upon the NIGC 
Chair's request, 25 U.S.C. 2710(b), (2)(e), and (d)(1). 73 FR 6029.
    On June 5, 2015, the Commission amended part 522 to remove and 
update references to other regulations and make minor grammatical 
changes. 80 FR 31994.
    It has been approximately twenty-nine years since the NIGC first 
promulgated part 522, with few revisions. During the intervening 
period, Indian gaming has undergone a meteoric expansion. During that 
expansion, the NIGC has continued to utilize part 522, and continues to 
look for ways to improve the regulations. The amendments reflect the 
Agency's intent to ensure that NIGC regulations meet the needs of the 
tribal gaming industry.
    Through this rule, the NIGC amends its regulations to make several 
changes. The Commission will no longer require the submission of a 
physical copy of the ordinance. This rule will authorize the submission 
of documents in electronic or physical form, saving time and preventing 
inadvertent delays in review. The Commission will publish an updated 
bulletin that includes directions for electronic submission.
    The amendment also clarifies that the 90-day deadline for the NIGC 
Chair's decision to approve an ordinance does not begin until the NIGC 
has received a complete submission and that the submission requirements 
apply to amendments of ordinances or resolutions. Submission of 
amendments will also require the submission of a conformed copy of the 
Ordinance.
    The Commission also recognizes that a tribe's gaming ordinance 
often creates the tribal regulatory authority that will draft and 
implement the tribe's gaming regulations. As such, the Commission is 
amending the rule to eliminate the requirement that a tribe provide 
copies of all gaming regulations with its submission. Instead, tribes 
will only be required to submit gaming regulations upon request.
    In most circumstances, if the NIGC identifies any issues during an 
ordinance review period that may lead to a disapproval recommendation 
to the Chair, it will discuss those issues with the submitting tribe 
and allow for the tribe to address the issues before a final decision 
is made by the Chair. This rule requires tribes that subsequently amend 
a gaming ordinance pending the Chair's decision to provide an authentic 
resolution withdrawing the pending submission and resubmitting the 
revised submission.
    This rule eliminates the requirement that the NIGC Chair publish a 
tribe's entire gaming ordinance in the Federal Register. Instead, the 
regulation will require the Agency to publish notice of each approved 
ordinance and the Chair's approval letter in the Federal Register. The 
Agency will continue its existing practice of publishing the ordinance 
itself on the NIGC's website.
    Finally, the NIGC has made other non-substantive revisions, such as 
corrections to cross references, minor grammatical revisions, and 
formatting changes.

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 gaming 
ordinance or resolution submission process. Prior to consultation, the 
Commission released proposed discussion drafts of the regulations for 
review. The proposed amendment to the gaming ordinance or resolution 
submission regulations were intended to improve the Agency's efficiency 
in processing gaming ordinance or resolution submissions, clarify 
existing regulations, and eliminate unnecessary obstacles for tribal 
gaming operators.
    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. 
After considering the comments received from the public and through 
tribal consultations, the Commission published a notice of proposed 
rulemaking on December 9, 2021, 86 FR 70067. The notice of proposed 
rulemaking indicated that comments were due on or before January 10, 
2022. On January 14, 2022, 87 FR 2384, the NIGC published a correction 
to the notice of proposed rulemaking, clarifying that the comment 
period would close on February 7, 2022. On June 16, 2022, 87 FR 36280, 
the NIGC announced the reopening of the comment period until June 23, 
2022.

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    The Commission reviewed all of the public's comments and now 
proposes these changes, which it believes will improve the gaming 
ordinance or resolution submission process.

III. Review of Public Comments

    The Commission received the following comments in response to the 
notice of proposed rulemaking.
    Comment: A commenter disagreed with requiring a tribe to submit to 
the Chair a copy of the tribe's constitution, governing document(s), or 
an accurate and true description of the tribe's governmental entity and 
authority to enact the submitted ordinance or resolution, with a 
request for approval of a class II or class III ordinance or resolution 
or amendment thereto. The commenter stated that the documents submitted 
should be sufficient.
    Response: The Commission agrees and accepts this recommendation. 
Generally, a tribe submits a resolution enacted by the tribe's 
governing body that indicates it was adopted pursuant to tribal law 
that is signed by a tribal official who certifies the authenticity or 
accuracy of the resolution that adopted the class II or class III 
ordinance resolution, or amendment thereto. Generally, this is 
sufficient.
    IGRA requires that the Chair shall approve an ordinance or 
resolution unless the Chair specifically determines that the ordinance 
or resolution was not adopted in compliance with the tribe's governing 
documents. 25 U.S.C. 2710(d)(2)(B). In order to make such a 
determination, the Chair may need copies of the tribe's governing 
documents or, for those tribes that do not have a written constitution 
or governing documents, a description of the governmental organization 
and authority to approve ordinances. The purpose is not to question or 
interpret the tribe's law or structure, but simply to ensure that any 
ordinance approved was enacted by the tribe pursuant to its own laws. 
As part of its existing review process, the NIGC often requests such 
documents. It proposed to add the submission here to clarify the 
Chair's responsibility, not to grant the Chair additional authority. 
The NIGC will meet our obligations, however, through existing internal 
processes to ensure that the ordinance was adopted pursuant to the 
tribe's own laws or rules. The Commission will also publish a Bulletin 
discussing IGRA's requirement in this regard and the NIGC's process for 
ensuring that all ordinances are adopted by the authorized body 
pursuant to the tribe's governing requirements.
    Comment: A commenter requested that we clarify the requirement that 
a tribe identify the entity that will take fingerprints and provide a 
copy of the procedures for conducting a criminal history check with a 
request for approval of a class II or class III ordinance, resolution, 
or amendment thereto.
    Response: Currently, NIGC regulations require that a tribe provide 
the identification of the law enforcement agency that will take 
fingerprints and a description of the procedures for conducting a 
criminal history check with a request for approval of a class II or 
class III ordinance or resolution. 25 CFR 522.2(h). This requirement 
relates to background investigations performed by tribes on individuals 
seeking to be licensed as a key employee or primary management official 
of a gaming operation. The background investigation requires the tribe 
to request fingerprints from each key employee or primary management 
official.
    The NIGC has long taken the position that a tribe or its tribal 
gaming regulatory authority qualifies as a law enforcement agency for 
this limited purpose. The current revision clarifies this position by 
removing the language suggesting that only traditional police agencies 
can take fingerprints.
    Comment: A commenter supported the removal of the requirement to 
publish a tribe's class III gaming ordinance in the Federal Register 
along with the Chair's approval thereof. The commenter believes that it 
is a matter of tribal sovereignty for each tribe to determine whether 
to make its gaming ordinance publicly available.
    Response: The Commission appreciates the comment. The requirement 
is being removed because IGRA requires all tribal gaming ordinances 
contain the same requirements concerning a tribe's sole proprietary 
interest and responsibility for the gaming activity, use of net 
revenues, annual audits, health and safety, and background 
investigations and licensing of key employees and primary management 
officials. The Commission, therefore, believes that publication of each 
ordinance in the Federal Register would be redundant and result in 
unnecessary cost to the Commission. Thus, the Commission believes that 
publishing a notice of approved Class III tribal gaming ordinances in 
the Federal Register is sufficient to meet the requirements of 25 
U.S.C. 2710(d)(2)(B).
    The Commission disagrees with the commenter's opinion that the 
decision to make a gaming ordinance publicly available should be 
determined by each tribe. Tribal gaming ordinances provide information 
of which the public, including tribal members, should be aware. This 
includes informing tribal members whether the tribe has elected to make 
per capita distribution, informing those seeking to be licensed as a 
primary management official or key employee the standards for obtaining 
a license, and informing patrons of a gaming operation the procedures 
for resolving disputes between the gaming public and the tribe. For 
this reason, the Commission posts every ordinance and approval thereof 
on its website (www.nigc.gov) under General Counsel, Gaming Ordinances.

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 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 section 3(a) and 3(b)(2) of the order.

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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- 0003.

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 gaming ordinance or resolution submission and approval 
process.

List of Subjects in 25 CFR Part 522

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


0
Therefore, for reasons stated in the preamble, the Commission revises 
25 CFR part 522 to read as follows:

PART 522--SUBMISSION OF GAMING ORDINANCE OR RESOLUTION

Sec.
522.1 Scope of this part.
522.2 Submission requirements.
522.3 Amendment.
522.4 Amendment approvals and disapprovals.
522.5 Approval requirements for class II ordinances.
522.6 Disapproval of a class II ordinance.
522.7 Approval requirements for class III ordinances.
522.8 Disapproval of a class III ordinance.
522.9 Publication of class III ordinance and approval.
522.10 Approval by operation of law.
522.11 Individually owned class II and class III gaming operations 
other than those operating on September 1, 1986.
522.12 Individually owned class II gaming operations operating on 
September 1, 1986.
522.13 Revocation of class III gaming.

    Authority:  25 U.S.C. 2706, 2710, 2712.


Sec.  522.1   Scope of this part.

    This part applies to any class II or class III gaming ordinance or 
resolution, or amendment thereto adopted by a tribe.


Sec.  522.2   Submission requirements.

    A tribe shall submit to the Chair via electronic or physical mail 
all of the following information with a request for approval of a class 
II or class III ordinance or resolution, or amendment thereto:
    (a) One copy of an ordinance or resolution certified as authentic 
by an authorized tribal official that meets the approval requirements 
in Sec.  522.5(b) or Sec.  522.7.
    (b) A copy of the procedures to conduct or cause to be conducted 
background investigations on key employees and primary management 
officials and to ensure that key employees and primary management 
officials are notified of their rights under the Privacy Act as 
specified in Sec.  556.2 of this chapter;
    (c) A copy of the procedures to issue tribal licenses to primary 
management officials and key employees promulgated in accordance with 
Sec.  558.3 of this chapter;
    (d) When an ordinance or resolution concerns class III gaming, a 
copy of any approved tribal-state compact or class III procedures as 
prescribed by the Secretary that are in effect at the time the 
ordinance or amendment is passed;
    (e) A copy of the procedures for resolving disputes between the 
gaming public and the tribe or the management contractor;
    (f) A copy of the designation of an agent for service under Sec.  
519.1 of this chapter; and
    (g) Identification of the entity that will take fingerprints and a 
copy of the procedures for conducting a criminal history check. Such a 
criminal history check shall include a check of criminal history 
records information maintained by the Federal Bureau of Investigation.
    (h) A tribe shall provide Indian lands or tribal gaming regulations 
or environmental and public health and safety documentation that the 
Chair may request in the Chair's discretion. The tribe shall have 30 
days from receipt of a request for additional documentation to respond.


Sec.  522.3   Amendment.

    (a) Within 15 days after adoption, a tribe shall submit for the 
Chair's approval, via electronic or physical mail, any amendment to an 
ordinance or resolution.
    (b) A tribe shall submit to the Chair all of the following 
information with a request for approval of an amendment:
    (1) One copy of the amendment certified as authentic by an 
authorized tribal official;
    (2) Any submission under Sec.  522.2(b) through (h) that has been 
modified since it prior conveyance to the Chair for an ordinance, 
resolution, or amendment approval; and
    (3) A conforming copy of the entire ordinance or resolution.


Sec.  522.4   Amendment approvals and disapprovals.

    (a) No later than 90 days after the submission of any amendment to 
a class II ordinance or resolution the Chair shall approve the 
amendment if the Chair finds that:
    (1) A tribe meets the amendment submission requirements of Sec.  
522.3(b); and
    (2) The amendment complies with Sec.  522.5(b).
    (b) No later than 90 days after a tribe submits any amendment to a 
class II ordinance for approval, the Chair may disapprove the amendment 
if the Chair determines--
    (1) A tribe failed to comply with the amendment submission 
requirements of Sec.  522.3; or
    (2) The amendment does not comply with Sec.  522.5(b).
    (c) No later than 90 days after the submission of any amendment to 
a class III ordinance or resolution, the Chair shall approve the 
amendment if the Chair finds that--
    (1) A tribe meets the amendment submission requirements of Sec.  
522.3(b); and
    (2) The amendment complies with Sec.  522.7(b) and (c).
    (d) No later than 90 days after a tribe submits any amendment to a 
class III ordinance for approval, the Chair may disapprove the 
amendment if the Chair determines that--
    (1) A tribal governing body did not adopt the amendment in 
compliance

[[Page 57594]]

with the governing documents of the tribe;
    (2) The amendment does not comply with Sec.  522.7(b) and (c); or
    (3) A tribal governing body was significantly and unduly influenced 
in the adoption of the amendment by a person having a direct or 
indirect financial interest in a management contract, a person having 
management responsibility for a management contract, or their agents.
    (e) The Chair shall notify a tribe of its right to appeal a 
disapproval under part 582 of this chapter. A disapproval shall be 
effective immediately unless appealed under part 582 of this chapter.


Sec.  522.5   Approval requirements for class II ordinances.

    No later than 90 days after the submission to the Chair including 
all materials required under Sec.  522.2, the Chair shall approve the 
class II ordinance or resolution if the Chair finds that:
    (a) A tribe meets the submission requirements contained in Sec.  
522.2; and
    (b) The class II ordinance or resolution provides that--
    (1) The tribe shall have the sole proprietary interest in and 
responsibility for the conduct of any gaming operation unless it elects 
to allow individually owned gaming under either Sec.  522.11 or Sec.  
522.12;
    (2) A tribe shall use net revenues from any tribal gaming or from 
any individually owned games only for one or more of the following 
purposes:
    (i) To fund tribal government operations or programs;
    (ii) To provide for the general welfare of the tribe and its 
members (if a tribe elects to make per capita distributions, the plan 
must be approved by the Secretary of the Interior under 25 U.S.C. 
2710(b)(3));
    (iii) To promote tribal economic development;
    (iv) To donate to charitable organizations; or
    (v) To help fund operations of local government agencies;
    (3) A tribe shall cause to be conducted independent audits of 
gaming operations annually and shall submit the results of those audits 
to the Commission;
    (4) All gaming related contracts that result in purchases of 
supplies, services, or concessions for more than $25,000 in any year 
(except contracts for professional legal or accounting services) shall 
be specifically included within the scope of the audit conducted under 
paragraph (b)(3) of this section;
    (5) A tribe shall perform background investigations and issue 
licenses for key employees and primary management officials according 
to requirements that are at least as stringent as those in parts 556 
and 558 of this chapter;
    (6) A tribe shall issue a separate license to each place, facility, 
or location on Indian lands where a tribe elects to allow class II 
gaming; and
    (7) A tribe shall construct, maintain and operate a gaming facility 
in a manner that adequately protects the environment and the public 
health and safety.
    (c) A tribe that subsequently amends a gaming ordinance pending 
before the Chair shall also provide an authentic resolution withdrawing 
the pending submission and resubmitting the revised submission.


Sec.  522.6   Disapproval of a class II ordinance.

    (a) No later than 90 days after a tribe submits an ordinance for 
approval under Sec.  522.2, the Chair may disapprove an ordinance if it 
determines that a tribe failed to comply with the requirements of Sec.  
522.2 or Sec.  522.5(b).
    (b) The Chair shall notify a tribe of its right to appeal under 
part 582 of this chapter. A disapproval shall be effective immediately 
unless appealed under part 582 of this chapter.


Sec.  522.7   Approval requirements for class III ordinances.

    No later than 90 days after the submission to the Chair under Sec.  
522.2, the Chair shall approve the class III ordinance or resolution 
if:
    (a) A tribe meets the submission requirements contained in Sec.  
522.2;
    (b) The ordinance or resolution meets the requirements contained in 
Sec.  522.5(b)(2) through (7); and
    (c) The tribe shall have the sole proprietary interest in and 
responsibility for the conduct of any gaming operation unless it elects 
to allow individually owned gaming under Sec.  522.11.


Sec.  522.8   Disapproval of a class III ordinance.

    (a) Notwithstanding compliance with the requirements of Sec.  522.7 
and no later than 90 days after a submission under Sec.  522.2, the 
Chair shall disapprove an ordinance or resolution if the Chair 
determines that:
    (1) A tribal governing body did not adopt the ordinance or 
resolution in compliance with the governing documents of the tribe; or
    (2) A tribal governing body was significantly and unduly influenced 
in the adoption of the ordinance or resolution by a person having a 
direct or indirect financial interest in a management contract, a 
person having management responsibility for a management contract, or 
their agents.
    (b) The Chair shall notify a tribe of its right of appeal a 
disapproval under part 582 of this chapter. A disapproval shall be 
effective immediately unless appealed under part 582 of this chapter.


Sec.  522.9   Publication of class III ordinance and approval.

    The Chair shall publish notice of approval of class III tribal 
gaming ordinances or resolutions in the Federal Register, along with 
the Chair's approval thereof.


Sec.  522.10   Approval by operation of law.

    If the Chair fails to approve or disapprove an ordinance, 
resolution, or amendment thereto submitted under Sec.  522.2 or Sec.  
522.3 within 90 days after the date of submission to the Chair, the 
tribal ordinance, resolution, or amendment thereto shall be considered 
to have been approved by the Chair but only to the extent that such 
ordinance, resolution, or amendment thereto is consistent with the 
provisions of the Indian Gaming Regulatory Act (IGRA or Act) and this 
chapter.


Sec.  522.11   Individually owned class II and class III gaming 
operations other than those operating on September 1, 1986.

    For licensing of individually owned gaming operations other than 
those operating on September 1, 1986 (addressed under Sec.  522.12), a 
tribal ordinance shall require:
    (a) That the gaming operation be licensed and regulated under an 
ordinance or resolution approved by the Chair;
    (b) That income to the tribe from an individually owned gaming 
operation be used only for the purposes listed in Sec.  522.4(b)(2);
    (c) That not less than 60 percent of the net revenues be income to 
the tribe;
    (d) That the owner pay an assessment to the Commission under Sec.  
514.1 of this chapter;
    (e) Licensing standards that are at least as restrictive as those 
established by State law governing similar gaming within the 
jurisdiction of the surrounding State; and
    (f) Denial of a license for any person or entity that would not be 
eligible to receive a State license to conduct the same activity within 
the jurisdiction of the surrounding State. State law standards shall 
apply with respect to purpose, entity, pot limits, and hours of 
operation.

[[Page 57595]]

Sec.  522.12   Individually owned class II gaming operations operating 
on September 1, 1986.

    For licensing of individually owned gaming operations operating on 
September 1, 1986, under Sec.  502.3(e) of this chapter, a tribal 
ordinance shall contain the same requirements as those in Sec.  
522.11(a) through (d).


Sec.  522.13   Revocation of class III gaming.

    A governing body of a tribe, in its sole discretion and without the 
approval of the Chair, may adopt an ordinance or resolution revoking 
any prior ordinance or resolution that authorizes class III gaming.
    (a) A tribe shall submit to the Chair one copy of any revocation 
ordinance or resolution certified as authentic by an authorized tribal 
official.
    (b) The Chairman shall publish such ordinance or resolution in the 
Federal Register and the revocation provided by such ordinance or 
resolution shall take effect on the date of such publication.
    (c) Notwithstanding any other provision of this section, any person 
or entity operating a class III gaming operation on the date of 
publication in the Federal Register under paragraph (b) of this section 
may, during a one-year period beginning on the date of publication, 
continue to operate such operation in conformance with a tribal-state 
compact.
    (d) A revocation shall not affect:
    (1) Any civil action that arises during the one-year period 
following publication of the revocation; or
    (2) Any crime that is committed during the one-year period 
following publication of the revocation.

    Dated: September 14, 2022.
E. Sequoyah Simermeyer,
Chairman.
Jeannie Hovland
Vice Chair.
[FR Doc. 2022-20235 Filed 9-20-22; 8:45 am]
BILLING CODE 7565-01-P