Tribal Background Investigations and Licensing, 21826 [2013-08538]

Agencies

• DEPARTMENT OF THE INTERIOR
• National Indian Gaming Commission

[Federal Register Volume 78, Number 71 (Friday, April 12, 2013)]
[Rules and Regulations]
[Page 21826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08538]



[[Page 21826]]

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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 558

RIN 3141-AA15


Tribal Background Investigations and Licensing

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Technical amendment.

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SUMMARY: The National Indian Gaming Commission (NIGC or Commission) is 
revising its gaming license regulations to correct a section reference 
in one of its rules.

DATES: Effective: April 29, 2013.

FOR FURTHER INFORMATION CONTACT: John Hay, National Indian Gaming 
Commission, 1441 L Street NW., Suite 9100, Washington, DC 20005. Email: 
john_hay@nigc.gov; telephone: 202-632-7009.

SUPPLEMENTARY INFORMATION:

I. Background

    The Indian Gaming Regulatory Act (IGRA or the Act), Public Law 100-
497, 25 U.S.C. 2701, et seq., was signed into law on October 17, 1988. 
The Act established the NIGC and sets out a comprehensive framework for 
the regulation of gaming on Indian lands. The Act provides a statutory 
basis for the operation of gaming by Indian tribes as a means of 
promoting tribal economic development, self-sufficiency, and strong 
tribal governments. To ensure that Indian tribes are the primary 
beneficiaries of their gaming operations and to protect such gaming as 
a means of generating tribal revenue, IGRA requires that tribes conduct 
background investigations on their gaming operations' primary 
management officials and key employees and submit those results to the 
Commission before issuing gaming licenses. 25 U.S.C. 
2710(b)(2)(F)(ii)(III). The Act also requires tribes to notify the 
Commission after they have issued such gaming licenses to their primary 
management officials or key employees. 25 U.S.C. 2710(b)(2)(F)(ii)(I).
    On January 25, 2013, the Commission published a final rule amending 
parts 556 and 558: to streamline the submission of documents to the 
Commission; to ensure that two notifications are submitted to the 
Commission in compliance with IGRA; and to clarify the rules regarding 
the issuance of temporary and permanent gaming licenses. 78 FR 5276, 
Jan. 25, 2013. The final rules published on January 25, 2013 
incorrectly referenced a specific section in one of its rules. This 
amendment is intended to correct the section reference in one of its 
rules.

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 as required 
by the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and assigned 
OMB Control Number 3141-0003. The OMB control number expires on October 
31, 2013.

List of Subjects in 25 CFR Part 558

    Gaming, Indian lands.

Text of the Rule

    For the reason discussed in the Preamble, the Commission amends its 
regulations at 25 CFR part 558 as follows:

PART 558--GAMING LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT 
OFFICIALS

0
1. The authority citation for part 558 continues to read as follows:

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


Sec.  558.2  [Amended]

0
2. Amend Sec.  558.2 by revising the reference in paragraph (c) to 
``Sec.  558.3(a)'' to read ``paragraph (a) of this section.''

    Dated: April 8, 2013.
Tracie L. Stevens,
Chairwoman.
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013-08538 Filed 4-11-13; 8:45 am]
BILLING CODE 7565-01-P