Fees, 68445-68446 [2021-25838]

Download as PDF 68445 Proposed Rules Federal Register Vol. 86, No. 229 Thursday, December 2, 2021 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Part 514 RIN 3141–AA77 Fees National Indian Gaming Commission, Department of the Interior. ACTION: Proposed rule. AGENCY: The National Indian Gaming Commission proposes to amend agency procedures for calculating the amount of annual fee a gaming operation owes the National Indian Gaming Commission. The proposed amendments will allow a gaming operation to exclude certain promotional credits from the calculation of Assessable Gross Gaming Revenue. DATES: Written comments on this proposed rule must be received on or before January 3, 2022. ADDRESSES: You may submit comments by any one of the following methods, however, please note that comments sent by electronic mail are strongly encouraged. D Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. D Email comments to: information@ nigc.gov. D Mail comments to: National Indian Gaming Commission, 1849 C Street NW, MS 1621, Washington, DC 20240. D Fax comments to: National Indian Gaming Commission at 202–632–0045. FOR FURTHER INFORMATION CONTACT: Austin Badger at (202) 632–7003 or by fax (202) 632–7066 (these numbers are not toll free). SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: 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 VerDate Sep<11>2014 16:31 Dec 01, 2021 Jkt 256001 for the regulation of gaming on Indian lands. On August 15 1991, the NIGC published a final rule in the Federal Register called Annual Fees Payable By Class II Gaming Operations. 58 FR 5831. The rule added a new part to the Commission’s regulations to provide direction and guidance to Class II gaming operations to enable them to compute and pay the annual fees as authorized by the Indian Gaming Regulatory Act. The Commission has substantively amended them numerous times, most recently in 2018 (83 FR 2903). 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 fee regulations. Prior to consultation, the Commission released proposed discussion drafts of the regulations for review. The proposed amendment to the fee regulations were intended to provide clarity as to whether a tribal gaming operation must include certain promotional credits, commonly referred to as ‘‘free play,’’ as ‘‘money wagered’’ for purposes of calculating assessable gross revenues. 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. One comment suggested that rather than allowing a tribal gaming operation to decide whether to exclude the promotional credits, it should make the exclusion mandatory. The Commission rejected this comment for purposes of this proposed rulemaking so as to provide maximum flexibility to tribal gaming operations to decide for themselves whether to exclude the credits or not. That being said, the Commission is especially interested in comments as to whether there would be unintended consequences if the Commission were to allow the tribal gaming operation to decide if it will deduct promotional credits. III. Regulatory Matters Regulatory Flexibility Act The rule will not have a significant impact on a substantial number of small PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 proposed 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 E:\FR\FM\02DEP1.SGM 02DEP1 68446 Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules 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, 20201, 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 fee regulations. List of Subjects in 25 CFR Part 514 Administrative practice and procedure, Gambling, Indian, Indians— lands, Indians—tribal government, Indians—business and finance. For the reasons discussed in the Preamble, the Commission proposes to revise its regulations at 25 CFR part 514 as follows: PART 514—FEES 1. The authority citation for part 514 continues to read as follows: ■ Authority: 25 U.S.C. 2706, 2710, 2717, 2717a. 2. Amend § 514.4 by revising paragraph (f) and adding paragraph (g) to read as follows: lotter on DSK11XQN23PROD with PROPOSALS1 ■ § 514.4 How does a gaming operation calculate the amount of the annual fee it owes? * * * * * (f) The amounts wagered that the gaming operation can demonstrate were issued by the gaming operation as promotional credits may be excluded from the total amount of money wagered. VerDate Sep<11>2014 16:31 Dec 01, 2021 Jkt 256001 (g) Unless otherwise provided by regulation, generally accepted accounting principles shall be used. Dated: November 18, 2021, Washington, DC. E. Sequoyah Simermeyer, Chairman. [FR Doc. 2021–25838 Filed 12–1–21; 8:45 am] BILLING CODE 7565–01–P DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Part 537 RIN 3141–AA58 Background Investigations for Persons or Entities With a Financial Interest in or Having a Management Responsibility for a Management Contract National Indian Gaming Commission, Department of the Interior. ACTION: Notice of proposed rulemaking. AGENCY: The National Indian Gaming Commission proposes to amend its procedures for processing a request for approval of a management contract under the Indian Gaming Regulatory Act. The proposed amendments make the following changes to the current regulations. The regulations will now require a background investigation of all persons who have 10 percent or more direct or indirect financial interest in a management contract. The regulations will also require a background investigation of all entities with 10 percent or more financial interest in a management contract. The regulations now require a background investigation of any other person or entity with a direct or indirect financial interest in a management contract otherwise designated by the Commission. The regulations authorize the Chair, either by request or unilaterally, to exercise discretion to reduce the scope of the information to be furnished and background investigation to be conducted for certain entities. DATES: Written comments on this proposed rule must be received on or before January 3, 2022. ADDRESSES: You may submit comments by any one of the following methods, however, please note that comments sent by electronic mail are strongly encouraged. D Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. D Email comments to: information@ nigc.gov. SUMMARY: PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 D Mail comments to: National Indian Gaming Commission, 1849 C Street NW, MS 1621, Washington, DC 20240. D Fax comments to: National Indian Gaming Commission at 202–632–0045. FOR FURTHER INFORMATION CONTACT: Heather McMillan Nakai at (202) 632– 7003 or by fax (202) 632–7066 (these numbers are not toll free). SUPPLEMENTARY INFORMATION: I. Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. II. 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. On January 22, 1993, the NIGC published a final rule in the Federal Register called Background Investigations for Person or Entities with a Financial Interest in a Management Contract, 58 FR 5831. The rule added a new part to the Commission’s regulations implementing the mandates of the Indian Gaming Regulatory Act of 1988 by establish the requirements and procedures for the approval of management contracts concerning Indian gaming operations and the conduct of related background investigations. The Commission has substantively amended them numerous times, most recently in 2012 (77 FR 47516). III. Development of the Rule On, June 9, 20201, 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 management contract process. Prior to consultation, the Commission released proposed discussion drafts of the regulations for review. The proposed amendment to the management contract regulations were intended to improve the Agency’s efficiency in processing management agreements and background investigations, clarify existing regulations, and provide guidance on extending management contracts. The Commission held two virtual E:\FR\FM\02DEP1.SGM 02DEP1

Agencies

[Federal Register Volume 86, Number 229 (Thursday, December 2, 2021)]
[Proposed Rules]
[Pages 68445-68446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25838]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / 
Proposed Rules

[[Page 68445]]



DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

25 CFR Part 514

RIN 3141-AA77


Fees

AGENCY: National Indian Gaming Commission, Department of the Interior.

ACTION: Proposed rule.

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

SUMMARY: The National Indian Gaming Commission proposes to amend agency 
procedures for calculating the amount of annual fee a gaming operation 
owes the National Indian Gaming Commission. The proposed amendments 
will allow a gaming operation to exclude certain promotional credits 
from the calculation of Assessable Gross Gaming Revenue.

DATES: Written comments on this proposed rule must be received on or 
before January 3, 2022.

ADDRESSES: You may submit comments by any one of the following methods, 
however, please note that comments sent by electronic mail are strongly 
encouraged.
    [ssquf] Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
    [ssquf] Email comments to: [email protected].
    [ssquf] Mail comments to: National Indian Gaming Commission, 1849 C 
Street NW, MS 1621, Washington, DC 20240.
    [ssquf] Fax comments to: National Indian Gaming Commission at 202-
632-0045.

FOR FURTHER INFORMATION CONTACT: Austin Badger at (202) 632-7003 or by 
fax (202) 632-7066 (these numbers are not toll free).

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. On August 15 1991, the NIGC 
published a final rule in the Federal Register called Annual Fees 
Payable By Class II Gaming Operations. 58 FR 5831. The rule added a new 
part to the Commission's regulations to provide direction and guidance 
to Class II gaming operations to enable them to compute and pay the 
annual fees as authorized by the Indian Gaming Regulatory Act. The 
Commission has substantively amended them numerous times, most recently 
in 2018 (83 FR 2903).

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 fee 
regulations. Prior to consultation, the Commission released proposed 
discussion drafts of the regulations for review. The proposed amendment 
to the fee regulations were intended to provide clarity as to whether a 
tribal gaming operation must include certain promotional credits, 
commonly referred to as ``free play,'' as ``money wagered'' for 
purposes of calculating assessable gross revenues. 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. One comment suggested that rather than allowing a 
tribal gaming operation to decide whether to exclude the promotional 
credits, it should make the exclusion mandatory. The Commission 
rejected this comment for purposes of this proposed rulemaking so as to 
provide maximum flexibility to tribal gaming operations to decide for 
themselves whether to exclude the credits or not. That being said, the 
Commission is especially interested in comments as to whether there 
would be unintended consequences if the Commission were to allow the 
tribal gaming operation to decide if it will deduct promotional 
credits.

III. 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 proposed 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

[[Page 68446]]

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, 20201, 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 fee regulations.

List of Subjects in 25 CFR Part 514

    Administrative practice and procedure, Gambling, Indian, Indians--
lands, Indians--tribal government, Indians--business and finance.

    For the reasons discussed in the Preamble, the Commission proposes 
to revise its regulations at 25 CFR part 514 as follows:

PART 514--FEES

0
1. The authority citation for part 514 continues to read as follows:

    Authority:  25 U.S.C. 2706, 2710, 2717, 2717a.

0
2. Amend Sec.  514.4 by revising paragraph (f) and adding paragraph (g) 
to read as follows:


Sec.  514.4  How does a gaming operation calculate the amount of the 
annual fee it owes?

* * * * *
    (f) The amounts wagered that the gaming operation can demonstrate 
were issued by the gaming operation as promotional credits may be 
excluded from the total amount of money wagered.
    (g) Unless otherwise provided by regulation, generally accepted 
accounting principles shall be used.

    Dated: November 18, 2021, Washington, DC.
E. Sequoyah Simermeyer,
Chairman.
[FR Doc. 2021-25838 Filed 12-1-21; 8:45 am]
BILLING CODE 7565-01-P