[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Rules and Regulations]
[Pages 76928-76930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27034]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 585

RIN 3141-AA75


Appeals to the Commission

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Final rule.

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SUMMARY: The National Indian Gaming Commission (NIGC or Commission) 
amends its regulations regarding appeal before the Commission to 
include a settlement procedure and to limit the motions that may be 
filed during an appeal before the Commission.

DATES: Effective January 17, 2023.

FOR FURTHER INFORMATION CONTACT: Michael Hoenig, 1849 C Street NW, Mail 
Stop #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 established the National Indian Gaming Commission (``NIGC'' or 
``Commission'') and set out a comprehensive framework for the 
regulation of gaming on Indian lands. IGRA, in several instances, 
requires that the Commission provide an opportunity for a hearing on 
proposed fines, temporary closure orders, and removals of a certificate 
of self-regulation. Also through regulatory action, the Commission has 
afforded appeals for notices of violations, modified and voided 
management contracts, and notices of late fees and late fee 
assessments. As to all these areas, part 585 of NIGC regulations offers 
appeals to the Commission on written submissions.
    The Commission comprehensively updated the appeals regulations in 
2012, consolidating them in one subchapter. (77 FR 58941-01). This rule 
augments the appeals regulations by inserting a comprehensive 
settlement procedure for appeals under part 585, rectifying its absence 
in the current regulations, and limits the motions permitted during an 
appeal.

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 appeals 
regulations in part 585. Prior to consultation, the Commission sent 
another Notice of Consultation, dated September 13, 2021, and released 
a proposed discussion draft of the regulations for review. The proposed 
amendments to these regulations were intended to solicit Tribes' views 
on: (1) the Commission inviting, directing or granting leave to the 
Chair to file or respond to motions and (2) supplying a settlement 
procedure for appeals to the Commission on written submissions. The 
Commission held three virtual consultation sessions in September and

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October of 2021 to receive tribal input on the possible changes. The 
Commission reviewed all comments received as part of the consultation 
process.
    Upon reviewing the comments received during the consultation 
period, the Commission published a notice of proposed rulemaking 
(``NPRM'') on August 10, 2022. 87 FR 48615. The NPRM invited interested 
parties to participate in the rulemaking process by submitting comments 
and any supporting data to the NIGC by September 9, 2022.

III. Review of Public Comments

    The Commission received no comments to the proposed rule.

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 
3141-0007.

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, 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 written submissions appeal process. Specifically, the 
Commission sought consultation on whether it should invite, direct, or 
grant leave to the Chair to file or respond to motions or add a 
comprehensive settlement procedure. On July 27, 2021, and July 28, 
2021, the Commission held two virtual consultations on the proposed 
changes.

List of Subjects in 25 CFR Part 585

    Administrative practice and procedure, Gambling, Indians--lands, 
Penalties.

    For the reasons set forth in the preamble, the Commission amends 25 
CFR part 585 as follows:

PART 585--APPEALS TO THE COMMISSION

0
1. The authority citation for part 585 continues to read as follows:

    Authority: 25 U.S.C. 2706, 2710, 2711, 2712, 2713, 2715, 2717.


0
2. Revise Sec.  585.4(a) to read as follows:


Sec.  585.4  Are motions permitted?

    (a) Only motions for extension of time under Sec.  580.4(f) of this 
subchapter, motions to supplement the record under Sec.  581.5 of this 
subchapter, motions to intervene under Sec.  585.5, and motions for 
reconsideration under Sec.  581.6 of this subchapter, are permitted.
* * * * *

0
3. Add Sec.  585.8 to read as follows:


Sec.  585.8  What is the process for pursuing settlement in an appeal 
to the Commission?

    (a) General. At any time after the commencement of a proceeding, 
but before the date scheduled for the Commission to issue a final 
decision under Sec.  585.7, the parties may jointly move to stay the 
proceeding for a reasonable time to permit negotiation of a settlement 
or an agreement disposing of the whole or any part of the proceeding.
    (b) Content. Any agreement disposing of the whole or any part of a 
proceeding shall also provide:
    (1) A waiver of any further proceedings before the Commission 
regarding the specific matter(s) settled under the agreement; and
    (2) That the agreement shall constitute dismissal of the appeal of 
the specific matter(s) settled, a final order of the Commission, and 
final agency action.
    (c) Submission. Before the expiration of the time granted for 
negotiations, the parties or their authorized representatives may:
    (1) Notify the Commission that the parties have reached a full or 
partial settlement and have agreed to dismissal of all or part of the 
action, subject to compliance with the terms of the settlement 
agreement; or
    (2) Inform the Commission that an agreement cannot be reached.
    (d) Disposition. If the parties enter into a full or partial 
settlement agreement, it shall constitute: full or partial dismissal of 
the appeal, as

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applicable; a final order of the Commission; and final agency action.

Edward Simermeyer,
Chairman.
Jean Hovland,
Vice Chair.
[FR Doc. 2022-27034 Filed 12-15-22; 8:45 am]
BILLING CODE 7565-01-P