Federal Register Submission of Gaming Ordinance or Resolution

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Submission of Gaming Ordinance or Resolution

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Agency Department of the Interior National Indian Gaming Commission CFR 25 CFR 522 Document Citation 87 FR 57590 Document Number 2022-20235 Document Type Rule Pages 57590-57595 (6 pages) Publication Date 09/21/2022 RIN 3141-AA73

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Agency
Action
Summary
Date
More Information
Supplementary Information
I. Background
II. Rulemaking
III. Consideration of Public Comments
IV. Regulatory Matters
Regulatory Flexibility Act
Small Business Regulatory Enforcement Fairness Act
Unfunded Obligations Reform Act
Takings
Civil Justice Reform
National Environmental Policy Act
Paperwork Reduction Act
Intertribal Consultation
25CFR Part 522 Subject List
Part 522 - Submission of Gaming Ordinances or Resolutions

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National Indian Gaming Commission

25 CFR Part 522
Rin 3141-AA73

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I. Background

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Number of CFR titles, the document revised, propose revisions, or direct related part

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Rin to identify each regulatory measure described in the Unified Agenda of Federal Regular and Deregulator Actions on Federal Remarks and Deregulation Measures

II. Development of the Rule

25 CFR Part 522

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IV. Regulatory Matters

Regulatory Flexibility Act

The headline of the document varies depending on the type of document, but there is the following:

Small Business Regulatory Enforcement Fairness Act

Governments or government agencies that have issued and signed documents

Unfunded Mandate Reform Act

Number of CFR titles, the document revised, propose revisions, or direct related part

Takings

Litigation number of ministries and agencies / internal file numbers of ministries

Civil Justice Reform

Rin to identify each regulatory measure described in the Unified Agenda of Federal Regular and Deregulator Actions on Federal Remarks and Deregulation Measures

National Environmental Policy Act

25 CFR part 522

Paperwork Reduction Act

Rin 3141-AA73

Tribal Consultation

National Indian Gaming Committee

The US Indian Gaming Committee (NIGC) will revise the gaming ordinance or resolution procedure based on the Indian Gaming Regulation Law. This (printing page 57591) amendment revise the rules for the gaming ordinance or resolution of the tribe, and the submission of the amendment and the requirements for approval. It should be noted that this rule is clarified that the submitting requirements are applied to the amendments of the ordinance or resolution, and the Indian tribes have eliminated the requirements for submitting all gaming rules copies along with the submitted documents. The tribe requests that the tribe to submit gaming rules only according to the request, and after receiving the complete submission documents, the NIGC chairman will start a 9 0-day deadline; He abolished the entire ordinance in the Federal Gazette, and was obliged to publish an approval notice along with the chairman's approval. In addition, NIGC has made other no n-substantial modifications, such as quoting cros s-ref that, grammatical correction, and changing format.

List of Subjects in 25 CFR Part 522

Effective on October 21, 2022
Michael Hoenig, National Indian Gaming Commission; 1849 C Street NW, MS 1621, Washington, DC 20240. Phone: (202) 632-7003.
The Indian Gaming Regulation Law (IGRA or Act), Public Code 100-497, 25 U. S. C. 2701 et Seq. The law has established the US Indian Gaming Committee (NIGC or Commission) to establish a comprehensive framework of gaming regulations in Indian land.
On January 22, 1993, NIGC announced the final rule of the Federal Gazette, "Submitting a gaming ordinance or resolution." 58 FR 5810. In this rule, as stipulated in Article 270 (B) (2) and (2) (a), the Indian Tribe is added in this rule, and the Indian Tribe is gaming ordinance, as stipulated in Article 2710 (2) and (2) (A). A resolution, or submitted a amendment, has been set to be screened and approved by NIGC. NIGC's intention was to support the tribal gaming operator to comply with IGRA and provide gaming ordinance or resolutio n-related provisions. Later, NIGC promulgated three small revisions. 58 FR 16494, 73 FR 6029, and 80 FR 31994.

On March 23, 1993, the European Commission should correct the requirements for submitting §522. 2 (H), identify the enforcement agency that collects fingerprints, and explain the procedures for conducting a criminal history survey by the law execution agency. I did. 58 FR 16494.

PART 522—SUBMISSION OF GAMING ORDINANCE OR RESOLUTION

On February 1, 2008, the European Commission revised the requirements for submission of part 522, and in response to the request of NIGC, the tribes must submit documents on Indian land, environment, public health, and safety. This was cultural (Article 2710 (B), (2) (E), (D) (1)). 73 FR 6029.

On June 5, 2015, the European Commission revised the part 522, deleting and updating the reference to other rules, and made some grammatical changes. 80 FR 31994.

About 29 years have passed since NIGC first promoted part 522, but it has hardly been revised. During this time, the Indian gaming has grown rapidly. During this time, NIGC has continued to use part 522 and has been searching for ways to improve regulations. This amendment reflects NIGC's intentions that the NIGC rules will ensure that the rules of the Nigc will respond to the needs of the tribal gaming industry.

With this rule, NIGC revises its rules and makes some changes. The committee will not require a physical copy of the ordinance in the future. This rule allows for electronic or physical format submission to submit documents, preventing time saving and inadvertent screening. The committee plans to issue a latest bulletin, including the instructions for electronic submission.

This amendment is also applied to the 9 0-day deadline for determining whether NIGC determines whether to approve the ordinance, and will not start until the NIGC accepts a complete submission document, and the submitted requirements are also applied to the amendment of the ordinance or resolution. Clarify to be done. To submit a revised proposal, it is also necessary to submit the ordinance.

The committee also recognizes that the gaming ordinance of the tribal often takes the gaming rules of the tribe and creates the regulatory authorities of the tribal. Therefore, the committee will amend the rules and eliminate the requirements of submitting a copy of all gaming rules submitted by the tribe. Instead, the tribe will be required to submit gaming regulations only if there is a request. On March 23, 1993, the European Commission fixes the submission requirements of §522. 2 (H), identifies the law enforcement agency that collects fingerprints, and explanations of the procedure for conducting crime history by the law enforcement agency. I decided to include it. 58 FR 16494.

On June 5, 2015, the European Commission revised the part 522, deleting and updating the reference to other rules, and made some grammatical changes. 80 FR 31994.

The committee also recognizes that the gaming ordinance of the tribal often takes the gaming rules of the tribe and creates the regulatory authorities of the tribal. Therefore, the committee will amend the rules and eliminate the requirements of submitting a copy of all gaming rules submitted by the tribe. Instead, the tribe will be required to submit gaming regulations only if there is a request. On March 23, 1993, the European Commission should correct the requirements for submitting §522. 2 (H), identify the enforcement agency that collects fingerprints, and explain the procedures for conducting a criminal history survey by the law execution agency. I did. 58 FR 16494.

On June 5, 2015, the European Commission revised the part 522, deleting and updating the reference to other rules, and made some grammatical changes. 80 FR 31994.

In many cases, if NIGC finds issues during the ordinance review that may lead it to recommend disapproval to the Chairman, NIGC will discuss the issues with the submitting tribe to allow the tribe to address the issues before the Chairman makes a final decision. The rule requires tribes that amend their gaming ordinances without waiting for the Chairman's decision to make a formal resolution to withdraw their pending submissions and resubmit amended submissions.

The rule removes the requirement that the NIGC Chairman publish in the Federal Register a tribe's gaming ordinance in its entirety. Instead, the rule requires NIGC to publish in the Federal Register a notice of each approved ordinance and the Chairman's letter of approval. NIGC will continue its previous practice of publishing the ordinances themselves on the NIGC website.

Finally, NIGC made other nonsubstantive amendments, such as cross-reference corrections, minor grammatical corrections, and formatting changes.

On June 9, 2021, the National Indian Gaming Commission sent a notice of consultation announcing its intention to consult on a number of topics, including proposed changes to the gaming ordinance or resolution submission process. Prior to the consultation, the Commission published a proposed discussion draft of the regulations for review. The proposed amendments to the gaming ordinance or resolution submission rules 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 meetings in July 2021 to hear tribes' input on the potential changes. The Commission considered all input received as part of the consultation process. After considering comments received from the public and through intertribal consultation, the Commission published proposed rulemaking on December 9, 2021 (86 FR 70067). The notice stated that the deadline for comments was January 10, 2022. On January 14, 2022, at 87 FR 2384, NIGC published a correction to the notice of proposed rulemaking to clarify that the comment period would end on February 7, 2022. On June 16, 2022, at 87 FR 36280, NIGC announced that it would reopen the comment period until June 23, 2022. (Printed Page 57592)

The Commission will consider all public comments and will propose those changes that it believes will improve the process for submitting gaming ordinances or resolutions.

The Commission received the following comments in response to the Notice of Proposed Rulemaking.

Comment One commenter opposed requiring tribes, when requesting approval of a second or third type ordinance or resolution, or an amendment thereto, to submit to the Chairman a copy of the tribe's constitution, governing document, or a precise and accurate description of the tribe's governmental organization and authority to enact the submitted ordinance or resolution. The commenter stated that the documents submitted are sufficient.

Response The Commission agrees and accepts this recommendation. In general, tribes submit a resolution showing that it was enacted by the tribe's governing body and adopted in accordance with tribal law. The resolution is signed by a tribal official attesting to the authenticity or accuracy of the resolution adopting the second or third type ordinance or resolution, or an amendment thereto. In general, this is sufficient.

Comments The requirements for the tribe to identify a group in which the tribes collect fingerprints and provide a copy of the crime history investigation procedure in the request of the second or third type ordinance, resolution, or the amendment request. Is requested to be clear.

Answer currently, the NIGC rules are obliged to provide the specification of the law execution agencies that collect fingerprints and the procedure for conducting crime history, along with the request of the II or the III species or the approval of the resolution. There is. 25 CFR 522. 2 (H). This requirement is related to the tribal survey conducted by the tribe for individuals who are trying to be approved as the main employees or major executives of gaming operations. The identity survey requires the tribe to request fingerprints from each major employee or supervisory management staff.

NIGC has long been eligible for the gaming regulatory authorities of tribes or tribes as a legal execution organization for this limited purpose. This revision clarifies this position by removing the phrase that only conventional police agencies can collect fingerprints.

There was an opinion that supported the removal of the requirements to post the Class III gaming ordinance of the commentary tribe in the chairman and publish it in the Federal Gazette. The commenter believes that whether or not to publish the gaming ordinance is a matter of sovereignty of each tribe.

The answer committee highly evaluates this comment. The IGRA is the gaming ordinance of all tribes, the only ownership and responsibility of the tribes for gaming activities, the use of pure income, annual audits, health and safety, and the main executive and license This requirement is deleted because it is called for incorporating the same requirements. Therefore, the committee believes that it is redundant to publish each ordinance in the federal government, and that the committee will be unnecessary costs. Therefore, the committee only posts the notification of the approved class III tribal gaming ordinance in the Federal Gazette and fulfills the requirements of Article 25 (2) (B). I think it is. Comments In the request of the second or third class ordinance, resolutions, or requests for approval of the amendment, the tribe identifies a group that collects fingerprints and provides a copy of the procedure for conducting crime history. We requested that the requirements of doing.

The answer committee highly evaluates this comment. The IGRA is the gaming ordinance of all tribes, the only ownership and responsibility of the tribes for gaming activities, the use of pure income, annual audits, health and safety, and the main executive and license This requirement is deleted because it is called for incorporating the same requirements. Therefore, the committee believes that it is redundant to publish each ordinance in the federal government, and that the committee will be unnecessary costs. Therefore, the committee only posts the notification of the approved class III tribal gaming ordinance in the Federal Gazette and fulfills the requirements of Article 25 (2) (B). I think it is. Comments The requirements for the tribe to identify a group that collects fingerprints and provide a copy of the crime history survey in the request of the second or third class ordinance, resolution, or the amendment request. Is requested to be clear.

There was an opinion that supported the removal of the requirements to post the Class III gaming ordinance of the commentary tribe in the Federal Gazette along with the approval of the chair. The commenter believes that whether or not to publish the gaming ordinance is a matter of sovereignty of each tribe.

The committee does not agree with the opinions that each tribe should decide whether to publish the gaming ordinance. The gaming ordinance of the tribe provides information that the general public, including tribal members, knows. In order to inform the tribal members whether the tribe has chosen per capita distribution, inform the person who wants to be licensed as a major executive or a major employee, the standard for obtaining the license, and the use of the gaming business. It includes the procedures to solve the dispute between the gaming public and the tribe. For this reason, the committee has published all ordinances and its approval in the legal advisor and gaming ordinance of the website (www. nigc. gov).

This rule is not regarded as a smal l-scale entity in the purpose of the regulatory and flexible method (5 U. S. C. 601, et Seq.

This regulation is not the main rules based on 5 U. S. C. 804 (2), which is a 5 U. S. C. 804 (2), which is the SMALL Business Regulatory Enforcement Fairness Act. These rules do not have more than $ 100 million economic effects. This rule does not significantly increase costs and prices to consumers, individual industries, federal governments, state governments, local government agencies, or geographical regions. The rules do not have a significant adverse effect on competition, employment, investment, productivity, technological innovation, or competitiveness with foreig n-based companies.

The Committee has been exempted as an independent regulatory agency to comply with the Funding Reform Reform Act (Unfunded Mandates Reform Act, 2 U. S. C. 1502 (1), 2 U. S. C. 658 (1)).

According to the administrative order 12630, the European Commission has determined that the rules do not have a significant deprivation impact. There is no need for forced exposition.

In accordance with the Presidential Ordinance 12988, the European Commission does not impose an unreasonable burden on the judicial system, but meets the requirements of Article 3 (a) and Article 3 (2) of the Presidential Ordinance. I decided. (Print page 57593)

The Committee does not fall under the significant actions of the federal government that has a significant impact on the quality of the human environment, and the 1969 National Environmental Policy Law (42 U. S. C. 4321, et Seq. Committee Whether to publish the gaming ordinance, the gaming ordinance of the tribal members should provide information that the gaming ordinance of the tribal members should know. This is to inform the tribal members of the tribe or those who want to receive a license, and gaming the license, and gaming. This includes the procedures for solving the dispute between the gaming public and the tribe, and all the ordinances and approval are the websites (www. nigc. gov). It is published in the legal advisor and gaming ordinance.

This rule is not regarded as a smal l-scale entity in the purpose of the regulatory and flexible method (5 U. S. C. 601, et Seq.

The Committee has been exempted as an independent regulatory agency to comply with the Funding Reform Reform Act (Unfunded Mandates Reform Act, 2 U. S. C. 1502 (1), 2 U. S. C. 658 (1)).

According to the administrative order 12630, the European Commission has determined that the rules do not have a significant deprivation impact. There is no need for forced exposition.

The Committee does not fall under the significant actions of the federal government, which has a significant impact on the quality of the human environment, and the Gaming Ordinance is the Gaming Ordinance in 1969 (42 U. S. C. 4321, et Seq. Do not agree to the gaming ordinance of the tribal members that the tribes should be determined. In order to inform the tribal members whether the tribe has chosen per capita distribution, inform the person who wants to be licensed as a major executive or a major employee, the standard for obtaining the license, and the use of the gaming business. This includes the procedures for solving the dispute between the gaming public and the tribe, and all ordinances and their approval are the legal advisor of the website (www. nigc. gov). , In the gaming ordinance.

This rule is not regarded as a smal l-scale entity in the purpose of the regulatory and flexible method (5 U. S. C. 601, et Seq.

The Committee has been exempted as an independent regulatory agency to comply with the Funding Reform Reform Act (Unfunded Mandates Reform Act, 2 U. S. C. 1502 (1), 2 U. S. C. 658 (1)).

According to the administrative order 12630, the European Commission has determined that the rules do not have a significant deprivation impact. There is no need for forced exposition.

The Committee does not fall under the serious action of the federal government, which has a significant impact on the quality of the human environment, and does not fall into the Federal Government Law in 1969 (42 U. S. C. 4321, et Seq.

The information collection requirements contained in this rule were previously approved by the Office of Management and Budget (OMB) and assigned OMB control number 3141- 0003, as required by 44 U. S. C. 3501 et seq.

The National Indian Gaming Commission is committed to fulfilling its tribal consultation obligations, whether mandated 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 set forth in the Consultation Policy published on July 15, 2013. NIGC's consultation policy specifies that it will consult with tribes regarding Commission actions that affect tribes: Commission regulations, rulemakings, policies, guidelines, proposed legislation, and operational activities that may have a substantial direct effect on Indian tribes, including consideration of Indian tribes' ability to regulate Indian gaming, the Commission's formal relationship with Indian tribes, and the Commission's trusteeship responsibilities to Indian tribes.

In accordance with this policy, on June 9, 2021, the National Indian Gaming Commission sent a consultation notice announcing its intention to consult on a number of topics, including proposed changes to the process for submitting and approving gaming ordinances and resolutions.

Gambling

Indian lands

Indian tribal governments

Reporting and record-keeping requirements

Accordingly, for the reasons set forth in the preamble, the Commission amends 25 CFR part 522 as follows:

522. 1 Scope of this part. 522. 2 Submission requirements. 522. 3 Amendments. 522. 4 Approval and disapproval of amendments. 522. 5 Requirements for approval of second-class ordinances. 522. 6 Disapproval of second-class ordinances. 522. 7 Approval Requirements for Type III Ordinances 522. 8 Disapproval of Type III Ordinances 522. 9 Promulgation and Approval of Type III Ordinances 522. 10 Approval by Operation of Law 522. 11 Privately Owned Type II and Type III Gaming Operations Other Than Gaming Operations Operating on September 1, 1986 522. 12 Privately Owned Type II Gaming Operations Operating on September 1, 1986 522. 13 Cancellation of Type III Gaming

Coverage of This Title

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

Filing Requirements.

The tribes must submit the following information to the chairman by electronic or physical mail, along with the request of the Type II or Type II Ordinance or Resolution, or the amendment.

(A) One copy of the approval or resolution proved to be true by a tribal employee who has been authorized to meet the approval requirements of paragraph 522. 5 (b) or 522. 7.

(b) Procedures to conduct or implement the identity of the main employees and major managers, and the Privacy methods that are clearly specified in this chapter, 556. 2, where major employees and major managers are specified in Section 556. 2 A copy of the procedure to be notified of the right to be based;

(C) A copy of the procedure of issuing a tribal license to the main management staff and the main staff, which was promulgated in accordance with Section 558. 3.

(D) If the ordinance or resolution is related to the III species gaming, a copy of the approved tribal / state compact or the Secretary's III specific to the Secretary, which is valid when the ordinance or amendment is passed. ; (e) A copy of the procedure to resolve the dispute between the gaming public official and the tribe or management contractor;

(F) This chapter is designated by the delivery agent based on Article 519. 1.

(G) The identification of the organizations that collect fingerprints and the procedure for conducting a criminal history survey. The criminal history survey shall include a survey of criminal history recorded information held by the Federal Investigation Bureau.

(H) The tribe shall submit documents on the Indian land or tribal gaming rules, or the environment and public health safety that can be requested at the discretion of the committee. The tribe shall answer within 30 days after receiving the request for additional documents.

Correction

(A) within 15 days of adoption, the tribes shall submit a proposal for the ordinance or resolution to obtain the approval of the chairman by email or actual mail.

(b) The tribe shall submit the following information when requesting the chairman to approve the amendment:

(1) 1 copy of the amended proposal proved to be true by tribal staff with authority;

(2) A change from those submitted to the chairman for ordinances, resolutions, or amendments, based on 522. 2 (b) to (H).

(3) The whole copy of the ordinance or resolution.

Approval of the revision and approval. tribes must submit the following information to the chairman by electronic or physical mail, along with the request of Type II or Type II Ordinance or Resolution, or the amendment approval.

(A) One copy of the approval or resolution proved to be true by a tribal employee who has been authorized to meet the approval requirements of paragraph 522. 5 (b) or 522. 7.

Elim Poon - Journalist, Creative Writer

Last modified: 27.08.2024

Gaming Regulatory Act, all applicable federal regulations and guidelines, and consistent with operations and shall submit the resulting. Approval of Class II and Class III Ordinances and Resolutions, – Parts [Reserved]. Part · Submission of Gaming Ordinance or Resolution. Title 25 - Indians Chapter III - NATIONAL INDIAN GAMING COMMISSION, DEPARTMENT OF THE INTERIOR Subchapter B - APPROVAL OF CLASS II AND CLASS III ORDINANCES.

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