Appeals to the Commission, 48615-48617 [2022-16976]
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Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Proposed Rules
(a) Any person having management
responsibility for a management
contract;
(b) Any person who has authority:
(1) To hire and fire employees of the
gaming operation; or
(2) To establish policy for the gaming
operation; or
(3) To supervise a key employee of the
gaming operation.
(c) The chief financial officer or a
position with duties similar to a chief
financial officer.
(d) The general manager or a position
with duties similar to a general
manager.
(e) Any other employed management
official of the gaming enterprise
designated by the Tribe as a primary
management official in its gaming
ordinance.
■ 4. Add §§ 502.25 and 502.26 to read
as follows:
§ 502.25
Gaming Enterprise.
Gaming Enterprise means the entities
through which a Tribe conducts,
regulates, and secures gaming on Indian
lands within such Tribe’s jurisdiction
pursuant to the Indian Gaming
Regulatory Act.
§ 502.26 Tribal Gaming Regulatory
Authority (TGRA).
Tribal Gaming Regulatory Authority
(TGRA) means the governmental entity
authorized by Tribal law to regulate
gaming conducted pursuant to the
Indian Gaming Regulatory Act.
PART 556—BACKGROUND
INVESTIGATIONS FOR PRIMARY
MANAGEMENT OFFICIALS AND KEY
EMPLOYEES
5. The authority citation for part 556
is revised to read as follows:
■
Authority: 25 U.S.C. 2706, 2710.
6. Amend § 556.4 by revising the first
sentence of the introductory text to read
as follows:
■
khammond on DSKJM1Z7X2PROD with PROPOSALS
§ 556.4
Background investigations.
A Tribe shall perform a background
investigation for each primary
management official and for each key
employee of the gaming enterprise.
* * *
*
*
*
*
*
■ 7. Amend § 556.6 by revising the first
sentence of paragraph (a) to read as
follows:
§ 556.6
Report to the Commission.
(a) When a Tribe licenses a primary
management official or a key employee,
the Tribe shall maintain the information
listed under § 556.4(a)(1) through (14).
* * *
*
*
*
*
*
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Jkt 256001
■
8. Revise § 556.8 to read as follows:
§ 556.8
Compliance with this part.
All Tribal gaming ordinances and
ordinance amendments approved by the
Chair prior to [EFFECTIVE DATE OF
FINAL RULE] do not need to be
amended to comply with this part. All
future ordinance submissions, however,
must comply.
PART 558—GAMING LICENSES FOR
KEY EMPLOYEES AND PRIMARY
MANAGEMENT OFFICIALS
9. The authority citation for part 558
continues to read as follows:
■
Authority: 25 U.S.C. 2706, 2710, 2712.
■
10. Revise § 558.3 to read as follows:
§ 558.3 Notification to NIGC of license
decisions and retention obligations.
(a) After a Tribe has provided a notice
of results of the background check to the
Commission, a Tribe may license a
primary management official or key
employee.
(b) Within 30 days after the issuance
of the license, a Tribe shall notify the
Commission of its issuance.
(c) A key employee or primary
management official who does not have
a license after ninety (90) days shall not
be permitted to perform the duties,
functions, and/or responsibilities of a
key employee or primary management
official until so licensed.
(d) If a Tribe does not license an
applicant—
(1) The Tribe shall notify the
Commission; and
(2) Shall forward copies of its
eligibility determination and notice of
results, under § 556.6(b)(2) of this
chapter, to the Commission for
inclusion in the Indian Gaming
Individuals Record System.
(e) If a Tribe revokes a key employee
or primary management official’s
license—
(1) The Tribe shall notify the
Commission; and
(2) Shall forward copies of its license
revocation decision and a summary of
the evidence it relied upon to the
Commission for inclusion in the Indian
Gaming Individuals Record System.
(f) A Tribe shall retain the following
for inspection by the Chair or their
designee for no less than three years
from the date of termination of
employment:
(1) The information listed under
§ 556.4(a)(1) through (14) of this
chapter;
(2) Investigative reports, as defined in
§ 556.6(b) of this chapter;
(3) Eligibility determinations, as
defined in § 556.5 of this chapter;
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48615
(4) Privacy Act notice, as defined in
§ 556.2 of this chapter; and
(5) False Statement notice, as defined
in § 556.3 of this chapter.
■ 11. Revise § 558.4 to read as follows:
§ 558.4 Notice of information impacting
eligibility and licensee’s right to a hearing.
(a) If, after the issuance of a gaming
license pursuant to § 558.3, the
Commission receives reliable
information indicating that a key
employee or a primary management
official is not eligible for a license under
§ 556.5 of this chapter, the Commission
shall notify the issuing Tribe of the
information.
(b) Upon receipt of such notification
under paragraph (a) of this section, a
Tribe shall immediately suspend the
license and shall provide the licensee
with written notice of suspension and
proposed revocation.
(c) A Tribe shall notify the licensee of
a time and a place for a hearing on the
proposed revocation of a license.
(d) The right to a revocation hearing
shall vest upon receipt of a license or at
such earlier time as is determined by
Tribal law, regulation, and/or policy.
(e) After a revocation hearing, a Tribe
shall decide to revoke or to reinstate a
gaming license. A Tribe shall notify the
Commission of its decision within 45
days of receiving notification from the
Commission pursuant to paragraph (a)
of this section.
■ 12. Revise § 558.6 to read as follows:
§ 558.6
Compliance with this part.
All Tribal gaming ordinances and
ordinance amendments that have been
approved by the Chair prior to
[EFFECTIVE DATE OF FINAL RULE] do
not need to be amended to comply with
this section. All future ordinance
submissions, however, must comply.
Dated: August 2, 2022.
E. Sequoyah Simermeyer,
Chairman.
Jeannie Hovland,
Vice Chair.
[FR Doc. 2022–16977 Filed 8–9–22; 8:45 am]
BILLING CODE 7565–01–M
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 585
RIN 3141–AA75
Appeals to the Commission
National Indian Gaming
Commission, Department of the Interior.
ACTION: Proposed rule.
AGENCY:
E:\FR\FM\10AUP1.SGM
10AUP1
48616
Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Proposed Rules
The National Indian Gaming
Commission proposes to amend its
regulations to add a settlement process
for appeals proceedings on written
submissions to the Commission.
DATES: Written comments on this
proposed rule must be received on or
before September 9, 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.
FOR FURTHER INFORMATION CONTACT:
Michael Hoenig at (202) 420–9241 (this
number is not toll free).
SUPPLEMENTARY INFORMATION:
SUMMARY:
khammond on DSKJM1Z7X2PROD with PROPOSALS
I. Background and Development of the
Rule
A. 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 before it
on: proposed fines, temporary closure
orders, and removals of a certificate of
self-regulation. Also through regulatory
action, the Commission has afforded
appeals before it for: notice 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 proposed rule
augments the appeals regulations by
inserting a comprehensive settlement
procedure for appeals under part 585,
rectifying its absence in the current
regulations.
B. 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
VerDate Sep<11>2014
16:13 Aug 09, 2022
Jkt 256001
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
October of 2021 to receive Tribal input
on the possible changes. The
Commission reviewed all comments
received as part of the consultation
process.
Commenters at the consultation phase
requested the addition of language to
the settlement procedures specifying
that ‘‘the NIGC will consider any and all
such requests to enter into settlement
negotiations in good faith.’’ The
Commission declines to add this
language. It is unclear whether this
comment is directed to the full
Commission, who will decide whether
to grant a stay of proceedings for the
purposes of settlement negotiations
between the Chair and the other party,
or whether this comment is directed at
the Chair. In any event, in the context
of agency adjudications, the U.S.
Supreme Court found that agency
members are presumed to act in good
faith, with honesty and integrity. See
Withrow v. Larkin, 421 U.S. 35, 47
(1975). Therefore, the addition is
unnecessary.
Additionally, based on comments
received, the Commission omitted the
proposed change permitting the Chair to
respond to motions. Instead, the
Commission proposes to limit the
motions that may be filed in
proceedings before the Commission to
those listed in the regulation and
prohibit the Chair from responding.
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 44 U.S.C. 3501, et seq., and assigned
OMB Control Number 3141–0003.
Takings
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 and
September 13, 2021, the National Indian
Gaming Commission sent Notices of
Consultation announcing that the
Agency intended to consult on a
number of topics, including proposed
changes to the appeals regulations. The
Commission held three virtual
consultation sessions in September and
October of 2021 to receive Tribal input
on the possible changes.
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.
List of Subjects in 25 CFR Part 585
Administrative practice and
procedure, Appeals gambling, Indianlands, Reporting and recordkeeping
requirements.
II. Regulatory Matters
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).
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E:\FR\FM\10AUP1.SGM
10AUP1
Federal Register / Vol. 87, No. 153 / Wednesday, August 10, 2022 / Proposed Rules
Therefore, for reasons stated in the
preamble, 25 CFR part 585 is amended
as follows:
PART 585—APPEALS TO THE
COMMISSION ON WRITTEN
SUBMISSIONS OF NOTICES OF
VIOLATION, PROPOSED CIVIL FINE
ASSESSMENTS, ORDERS OF
TEMPORARY CLOSURE, THE CHAIR’S
DECISIONS TO VOID OR MODIFY
MANAGEMENT CONTRACTS, THE
COMMISSION’S PROPOSALS TO
REMOVE A CERTIFICATE OF SELF–
REGULATION, AND NOTICES OF LATE
FEES AND LATE FEE ASSESSMENTS
1. The authority citation for part 585
continues to read as follows:
(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
applicable; a final order of the
Commission; and final agency action.
Dated: August 2, 2022.
E. Sequoyah Simermeyer,
Chairman.
Jeannie Hovland,
Vice Chair.
[FR Doc. 2022–16976 Filed 8–9–22; 8:45 am]
BILLING CODE 7565–01–P
■
DEPARTMENT OF COMMERCE
Authority: 25 U.S.C. 2706, 2710, 2711,
2713, 2715, 2717.
■
National Oceanic and Atmospheric
Administration
2. Revise § 585.4 to read as follows:
§ 585.4
50 CFR Part 648
Are motions permitted?
(a) Only motions for extension of time
under § 580.4(f) of this subchapter,
motions to supplement the record under
§ 581.5 of this subchapter, motions to
intervene under § 585.5, and motions for
reconsideration under § 581.6 of this
subchapter, are permitted.
(b) The Chair shall not, either
individually or through counsel,
respond to motions.
■ 3. Add § 585.8 to read as follows:
khammond on DSKJM1Z7X2PROD with PROPOSALS
§ 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 § 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
VerDate Sep<11>2014
16:13 Aug 09, 2022
Jkt 256001
RIN 0648–BI18
Fisheries of the Northeastern United
States; Amendment 20 to the Atlantic
Surfclam and Ocean Quahog Fishery
Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of
proposed fishery management plan
amendment; request for comments.
AGENCY:
NMFS announces that the
Mid-Atlantic Fishery Management
Council has submitted Amendment 20
to the Atlantic Surfclam and Ocean
Quahog Fishery Management Plan for
review and approval by the Secretary of
Commerce. We are requesting comments
from the public on the amendment.
Amendment 20, also known as the
Excessive Shares Amendment, would
establish limits to the amount of
surfclam or ocean quahog individual
transferable quota share or annual
allocation in the form of cage tags that
an individual or their family members
could hold.
DATES: Comments must be received on
or before October 11, 2022.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2020–0112, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2020–0112 in the Search
box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
SUMMARY:
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48617
• Mail: Submit written comments to
Michael Pentony, Regional
Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope:
‘‘Comments on Surfclam/Ocean Quahog
Excessive Shares Amendment.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Copies of Amendment 20, including
the draft Environmental Assessment
(EA), are available on request from the
Mid-Atlantic Fishery Management
Council, 800 North State Street, Suite
201, Dover, DE 19901. These documents
are also accessible via the internet at
https://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Policy Analyst,
978–281–9341.
SUPPLEMENTARY INFORMATION: We are
soliciting public comments on
Amendment 20, also known as the
Excessive Shares Amendment, and its
incorporated documents through the
end of the comment period stated in this
notice of availability. We will soon
publish a proposed rule that would
implement the amendment’s
management measures in the Federal
Register for public comment, allowing
for NMFS’s evaluation of the proposed
rule under the procedures of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Public comments on the proposed rule
must be received by the end of the
comment period provided in this notice
of availability to be considered in the
approval/disapproval decision on the
amendment. All comments received by
October 11, 2022, whether specifically
directed to the amendment or the
proposed rule will be considered in the
approval/disapproval decision on the
amendment. To be considered,
comments must be received by close of
business on the last day of the comment
period. Comments received after that
date will not be considered in the
decision to approve or disapprove
Amendment 20, including those
E:\FR\FM\10AUP1.SGM
10AUP1
Agencies
[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Proposed Rules]
[Pages 48615-48617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16976]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 585
RIN 3141-AA75
Appeals to the Commission
AGENCY: National Indian Gaming Commission, Department of the Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
[[Page 48616]]
SUMMARY: The National Indian Gaming Commission proposes to amend its
regulations to add a settlement process for appeals proceedings on
written submissions to the Commission.
DATES: Written comments on this proposed rule must be received on or
before September 9, 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.
FOR FURTHER INFORMATION CONTACT: Michael Hoenig at (202) 420-9241 (this
number is not toll free).
SUPPLEMENTARY INFORMATION:
I. Background and Development of the Rule
A. 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
before it on: proposed fines, temporary closure orders, and removals of
a certificate of self-regulation. Also through regulatory action, the
Commission has afforded appeals before it for: notice 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
proposed rule augments the appeals regulations by inserting a
comprehensive settlement procedure for appeals under part 585,
rectifying its absence in the current regulations.
B. 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
October of 2021 to receive Tribal input on the possible changes. The
Commission reviewed all comments received as part of the consultation
process.
Commenters at the consultation phase requested the addition of
language to the settlement procedures specifying that ``the NIGC will
consider any and all such requests to enter into settlement
negotiations in good faith.'' The Commission declines to add this
language. It is unclear whether this comment is directed to the full
Commission, who will decide whether to grant a stay of proceedings for
the purposes of settlement negotiations between the Chair and the other
party, or whether this comment is directed at the Chair. In any event,
in the context of agency adjudications, the U.S. Supreme Court found
that agency members are presumed to act in good faith, with honesty and
integrity. See Withrow v. Larkin, 421 U.S. 35, 47 (1975). Therefore,
the addition is unnecessary.
Additionally, based on comments received, the Commission omitted
the proposed change permitting the Chair to respond to motions.
Instead, the Commission proposes to limit the motions that may be filed
in proceedings before the Commission to those listed in the regulation
and prohibit the Chair from responding.
II. Regulatory Matters
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 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'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 and September 13, 2021, the
National Indian Gaming Commission sent Notices of Consultation
announcing that the Agency intended to consult on a number of topics,
including proposed changes to the appeals regulations. The Commission
held three virtual consultation sessions in September and October of
2021 to receive Tribal input on the possible changes.
List of Subjects in 25 CFR Part 585
Administrative practice and procedure, Appeals gambling, Indian-
lands, Reporting and recordkeeping requirements.
[[Page 48617]]
Therefore, for reasons stated in the preamble, 25 CFR part 585 is
amended as follows:
PART 585--APPEALS TO THE COMMISSION ON WRITTEN SUBMISSIONS OF
NOTICES OF VIOLATION, PROPOSED CIVIL FINE ASSESSMENTS, ORDERS OF
TEMPORARY CLOSURE, THE CHAIR'S DECISIONS TO VOID OR MODIFY
MANAGEMENT CONTRACTS, THE COMMISSION'S PROPOSALS TO REMOVE A
CERTIFICATE OF SELF-REGULATION, AND NOTICES OF LATE FEES AND LATE
FEE ASSESSMENTS
0
1. The authority citation for part 585 continues to read as follows:
Authority: 25 U.S.C. 2706, 2710, 2711, 2713, 2715, 2717.
0
2. Revise Sec. 585.4 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.
(b) The Chair shall not, either individually or through counsel,
respond to motions.
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 applicable; a final order of the Commission; and final
agency action.
Dated: August 2, 2022.
E. Sequoyah Simermeyer,
Chairman.
Jeannie Hovland,
Vice Chair.
[FR Doc. 2022-16976 Filed 8-9-22; 8:45 am]
BILLING CODE 7565-01-P