Submission of Gaming Ordinance or Resolution, 57590-57595 [2022-20235]
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Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations
this action under the policies and
agency responsibilities of Executive
Order 13609, and has determined that
this action would have no effect on
international regulatory cooperation.
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations, as follows:
VI. How To Obtain Additional
Information
A. Electronic Filing and Access
A copy of the notice of proposed
rulemaking (NPRM), all comments
received, the final rule, and all
background material may be viewed
online at https://www.regulations.gov
using the docket number listed above. A
copy of this rule will be placed in the
docket. Electronic retrieval help and
guidelines are available on the website.
It is available 24 hours each day, 365
days each year. An electronic copy of
this document may also be downloaded
from the Office of the Federal Register’s
website at https://
www.federalregister.gov and the
Government Publishing Office’s website
at https://www.govinfo.gov. A copy may
also be found on the FAA’s Regulations
and Policies website at https://
www.faa.gov/regulations_policies.
Copies may also be obtained by
sending a request to the Federal
Aviation Administration, Office of
Rulemaking, ARM–1, 800 Independence
Avenue SW, Washington, DC 20591, or
by calling (202) 267–9677. Commenters
must identify the docket or amendment
number of this rulemaking.
All documents the FAA considered in
developing this final rule, including
economic analyses and technical
reports, may be accessed in the
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B. Small Business Regulatory
Enforcement Fairness Act
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with
small entity requests for information or
advice about compliance with statutes
and regulations within its jurisdiction.
A small entity with questions regarding
this document may contact its local
FAA official, or the person listed under
the FOR FURTHER INFORMATION CONTACT
heading at the beginning of the
preamble. To find out more about
SBREFA on the internet, visit https://
www.faa.gov/regulations_policies/
rulemaking/sbre_act/.
List of Subjects
14 CFR Part 61
Aircraft, Airmen, Aviation safety.
14 CFR Part 121
Air carriers, Aircraft, Airmen,
Aviation safety.
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PART 61—CERTIFICATION: PILOTS,
FLIGHT INSTRUCTORS, AND GROUND
INSTRUCTORS
1. The authority citation for part 61
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40113,
44701–44703, 44707, 44709–44711, 44729,
44903, 45102–45103, 45301–45302; Sec.
2307 Pub. L. 114–190, 130 Stat. 615 (49
U.S.C. 44703 note).
2. Amend § 61.159 by revising
paragraph (a)(5) to read as follows:
■
§ 61.159 Aeronautical experience: Airplane
category rating.
(a) * * *
(5) 250 hours of flight time in an
airplane as a pilot in command, or as
second in command performing the
duties of pilot in command while under
the supervision of a pilot in command,
or any combination thereof, subject to
the following:
(i) The flight time requirement must
include at least—
(A) 100 hours of cross-country flight
time; and
(B) 25 hours of night flight time.
(ii) Except for a person who has been
removed from flying status for lack of
proficiency or because of a disciplinary
action involving aircraft operations, a
U.S. military pilot or former U.S.
military pilot who meets the
requirements of § 61.73(b)(1), or a
military pilot in the Armed Forces of a
foreign contracting State to the
Convention on International Civil
Aviation who meets the requirements of
§ 61.73(c)(1), may credit flight time in a
powered-lift aircraft operated in
horizontal flight toward the flight time
requirement.
*
*
*
*
*
§ 121.436 Pilot Qualification: Certificates
and experience requirements.
(a) * * *
(3) If serving as pilot in command in
part 121 operations, has 1,000 hours as:
(i) Second in command in operations
under this part;
(ii) Pilot in command in operations
under § 91.1053(a)(2)(i) of this chapter;
(iii) Pilot in command in operations
under § 135.243(a)(1) of this chapter;
(iv) Pilot in command in eligible ondemand operations that require the pilot
to satisfy § 135.4(a)(2)(ii)(A) of this
chapter; or
(v) Any combination thereof.
*
*
*
*
*
(c) For the purpose of satisfying the
flight hour requirement in paragraph
(a)(3) of this section, a pilot may credit
500 hours of military flight time
provided the flight time was obtained—
(1) As pilot in command in a
multiengine, turbine-powered, fixedwing airplane or powered-lift aircraft, or
any combination thereof; and
(2) In an operation requiring more
than one pilot.
(d) For the purpose of satisfying the
flight hour requirement in paragraph
(a)(3) of this section, a pilot may credit
flight time obtained as pilot in
command in operations under this part
prior to July 31, 2013.
(e) For those pilots who were
employed as pilot in command in part
121 operations on July 31, 2013,
compliance with the requirements of
paragraph (a)(3) of this section is not
required.
Issued under authority provided by 49
U.S.C. 106(f), 44701(a)(5), and 44703 in
Washington, DC.
Billy Nolen,
Acting Administrator.
[FR Doc. 2022–20328 Filed 9–20–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE INTERIOR
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
National Indian Gaming Commission
3. The authority citation for part 121
continues to read as follows:
RIN 3141–AA73
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40113, 40119, 41706, 42301 preceding note
added by Pub. L. 112–95, sec. 412, 126 Stat.
89, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 44729,
44732; 46105; Pub. L. 111–216, 124 Stat.
2348 (49 U.S.C. 44701 note); Pub. L. 112–95
126 Stat 62 (49 U.S.C. 44732 note).
4. Amend § 121.436 by revising
paragraphs (a)(3), (c), and (d) and
adding paragraph (e) to read as follows:
■
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25 CFR Part 522
Submission of Gaming Ordinance or
Resolution
National Indian Gaming
Commission.
ACTION: Final rule.
AGENCY:
The National Indian Gaming
Commission (NIGC) is amending the
procedures for Submission of Gaming
Ordinance or Resolution under the
Indian Gaming Regulatory Act. The
SUMMARY:
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amendment revises the regulations
controlling the submission and approval
requirements of tribal gaming
ordinances or resolutions and
amendments thereof. Notably, the rule:
authorizes the submission of documents
in electronic or physical form; clarifies
that the submission requirements apply
to amendments of ordinances or
resolutions; eliminates the requirement
that an Indian tribe provide copies of all
gaming regulations with its submission
and instead requires a tribe to submit
gaming regulations only upon request;
initiates the 90-day deadline for the
NIGC Chair ruling upon receipt of a
complete submission; requires tribes
that subsequently amend a gaming
ordinance pending before the Chair to
provide an authentic resolution
withdrawing the pending submission
and resubmitting the revised
submission; and eliminates the
requirement that the NIGC Chair
publish a tribe’s entire gaming
ordinance in the Federal Register,
requiring notice of approval to be
published with the Chair’s approval
letter instead. In addition, the NIGC has
made other non-substantive revisions,
such as citation to cross references,
minor grammatical revisions, and
formatting changes.
DATES: Effective October 21, 2022.
FOR FURTHER INFORMATION CONTACT:
Michael Hoenig, National Indian
Gaming Commission; 1849 C Street NW,
MS 1621, Washington, DC 20240.
Telephone: (202) 632–7003.
SUPPLEMENTARY INFORMATION:
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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
establishes the National Indian Gaming
Commission (NIGC or Commission) and
sets 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 Submission of Gaming
Ordinance or Resolution. 58 FR 5810.
The rule added part 522, which
established a process for Indian tribes to
submit a gaming ordinance, resolution,
or amendment for the NIGC Chair’s
review and approval as required by 25
U.S.C. 2710(b)(2) and (d)(2)(a). The
NIGC’s intent was to assist tribal gaming
operators with maintaining compliance
with IGRA and implement its provisions
germane to gaming ordinances or
resolutions. The Commission
promulgated three minor amendments
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thereafter. 58 FR 16494, 73 FR 6029, and
80 FR 31994.
On March 23, 1993, the Commission
amended its submission requirements at
§ 522.2(h) to include identification of a
law enforcement agency that will take
fingerprints and a description of the
procedures for conducting a criminal
history check by a law enforcement
agency. 58 FR 16494.
On February 1, 2008, the Commission
amended part 522’s submission
requirements to codify that a tribe shall
provide Indian lands or environmental
and public health and safety
documentation upon the NIGC Chair’s
request, 25 U.S.C. 2710(b), (2)(e), and
(d)(1). 73 FR 6029.
On June 5, 2015, the Commission
amended part 522 to remove and update
references to other regulations and make
minor grammatical changes. 80 FR
31994.
It has been approximately twentynine years since the NIGC first
promulgated part 522, with few
revisions. During the intervening
period, Indian gaming has undergone a
meteoric expansion. During that
expansion, the NIGC has continued to
utilize part 522, and continues to look
for ways to improve the regulations. The
amendments reflect the Agency’s intent
to ensure that NIGC regulations meet the
needs of the tribal gaming industry.
Through this rule, the NIGC amends
its regulations to make several changes.
The Commission will no longer require
the submission of a physical copy of the
ordinance. This rule will authorize the
submission of documents in electronic
or physical form, saving time and
preventing inadvertent delays in review.
The Commission will publish an
updated bulletin that includes
directions for electronic submission.
The amendment also clarifies that the
90-day deadline for the NIGC Chair’s
decision to approve an ordinance does
not begin until the NIGC has received a
complete submission and that the
submission requirements apply to
amendments of ordinances or
resolutions. Submission of amendments
will also require the submission of a
conformed copy of the Ordinance.
The Commission also recognizes that
a tribe’s gaming ordinance often creates
the tribal regulatory authority that will
draft and implement the tribe’s gaming
regulations. As such, the Commission is
amending the rule to eliminate the
requirement that a tribe provide copies
of all gaming regulations with its
submission. Instead, tribes will only be
required to submit gaming regulations
upon request.
In most circumstances, if the NIGC
identifies any issues during an
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ordinance review period that may lead
to a disapproval recommendation to the
Chair, it will discuss those issues with
the submitting tribe and allow for the
tribe to address the issues before a final
decision is made by the Chair. This rule
requires tribes that subsequently amend
a gaming ordinance pending the Chair’s
decision to provide an authentic
resolution withdrawing the pending
submission and resubmitting the revised
submission.
This rule eliminates the requirement
that the NIGC Chair publish a tribe’s
entire gaming ordinance in the Federal
Register. Instead, the regulation will
require the Agency to publish notice of
each approved ordinance and the
Chair’s approval letter in the Federal
Register. The Agency will continue its
existing practice of publishing the
ordinance itself on the NIGC’s website.
Finally, the NIGC has made other
non-substantive revisions, such as
corrections to cross references, minor
grammatical revisions, and formatting
changes.
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 gaming ordinance or
resolution submission process. Prior to
consultation, the Commission released
proposed discussion drafts of the
regulations for review. The proposed
amendment to the gaming ordinance or
resolution submission regulations 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 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. After considering
the comments received from the public
and through tribal consultations, the
Commission published a notice of
proposed rulemaking on December 9,
2021, 86 FR 70067. The notice of
proposed rulemaking indicated that
comments were due on or before
January 10, 2022. On January 14, 2022,
87 FR 2384, the NIGC published a
correction to the notice of proposed
rulemaking, clarifying that the comment
period would close on February 7, 2022.
On June 16, 2022, 87 FR 36280, the
NIGC announced the reopening of the
comment period until June 23, 2022.
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The Commission reviewed all of the
public’s comments and now proposes
these changes, which it believes will
improve the gaming ordinance or
resolution submission process.
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III. Review of Public Comments
The Commission received the
following comments in response to the
notice of proposed rulemaking.
Comment: A commenter disagreed
with requiring a tribe to submit to the
Chair a copy of the tribe’s constitution,
governing document(s), or an accurate
and true description of the tribe’s
governmental entity and authority to
enact the submitted ordinance or
resolution, with a request for approval
of a class II or class III ordinance or
resolution or amendment thereto. The
commenter stated that the documents
submitted should be sufficient.
Response: The Commission agrees
and accepts this recommendation.
Generally, a tribe submits a resolution
enacted by the tribe’s governing body
that indicates it was adopted pursuant
to tribal law that is signed by a tribal
official who certifies the authenticity or
accuracy of the resolution that adopted
the class II or class III ordinance
resolution, or amendment thereto.
Generally, this is sufficient.
IGRA requires that the Chair shall
approve an ordinance or resolution
unless the Chair specifically determines
that the ordinance or resolution was not
adopted in compliance with the tribe’s
governing documents. 25 U.S.C.
2710(d)(2)(B). In order to make such a
determination, the Chair may need
copies of the tribe’s governing
documents or, for those tribes that do
not have a written constitution or
governing documents, a description of
the governmental organization and
authority to approve ordinances. The
purpose is not to question or interpret
the tribe’s law or structure, but simply
to ensure that any ordinance approved
was enacted by the tribe pursuant to its
own laws. As part of its existing review
process, the NIGC often requests such
documents. It proposed to add the
submission here to clarify the Chair’s
responsibility, not to grant the Chair
additional authority. The NIGC will
meet our obligations, however, through
existing internal processes to ensure
that the ordinance was adopted
pursuant to the tribe’s own laws or
rules. The Commission will also publish
a Bulletin discussing IGRA’s
requirement in this regard and the
NIGC’s process for ensuring that all
ordinances are adopted by the
authorized body pursuant to the tribe’s
governing requirements.
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Comment: A commenter requested
that we clarify the requirement that a
tribe identify the entity that will take
fingerprints and provide a copy of the
procedures for conducting a criminal
history check with a request for
approval of a class II or class III
ordinance, resolution, or amendment
thereto.
Response: Currently, NIGC
regulations require that a tribe provide
the identification of the law
enforcement agency that will take
fingerprints and a description of the
procedures for conducting a criminal
history check with a request for
approval of a class II or class III
ordinance or resolution. 25 CFR
522.2(h). This requirement relates to
background investigations performed by
tribes on individuals seeking to be
licensed as a key employee or primary
management official of a gaming
operation. The background investigation
requires the tribe to request fingerprints
from each key employee or primary
management official.
The NIGC has long taken the position
that a tribe or its tribal gaming
regulatory authority qualifies as a law
enforcement agency for this limited
purpose. The current revision clarifies
this position by removing the language
suggesting that only traditional police
agencies can take fingerprints.
Comment: A commenter supported
the removal of the requirement to
publish a tribe’s class III gaming
ordinance in the Federal Register along
with the Chair’s approval thereof. The
commenter believes that it is a matter of
tribal sovereignty for each tribe to
determine whether to make its gaming
ordinance publicly available.
Response: The Commission
appreciates the comment. The
requirement is being removed because
IGRA requires all tribal gaming
ordinances contain the same
requirements concerning a tribe’s sole
proprietary interest and responsibility
for the gaming activity, use of net
revenues, annual audits, health and
safety, and background investigations
and licensing of key employees and
primary management officials. The
Commission, therefore, believes that
publication of each ordinance in the
Federal Register would be redundant
and result in unnecessary cost to the
Commission. Thus, the Commission
believes that publishing a notice of
approved Class III tribal gaming
ordinances in the Federal Register is
sufficient to meet the requirements of 25
U.S.C. 2710(d)(2)(B).
The Commission disagrees with the
commenter’s opinion that the decision
to make a gaming ordinance publicly
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available should be determined by each
tribe. Tribal gaming ordinances provide
information of which the public,
including tribal members, should be
aware. This includes informing tribal
members whether the tribe has elected
to make per capita distribution,
informing those seeking to be licensed
as a primary management official or key
employee the standards for obtaining a
license, and informing patrons of a
gaming operation the procedures for
resolving disputes between the gaming
public and the tribe. For this reason, the
Commission posts every ordinance and
approval thereof on its website
(www.nigc.gov) under General Counsel,
Gaming Ordinances.
IV. 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 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 section 3(a) and 3(b)(2)
of the order.
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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–
0003.
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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 consultation policy
specifies that it will consult with tribes
on Commission Actions 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 gaming ordinance or
resolution submission and approval
process.
List of Subjects in 25 CFR Part 522
Gambling, Indian—lands, Indian—
tribal government, Reporting and
recordkeeping requirements.
■ Therefore, for reasons stated in the
preamble, the Commission revises 25
CFR part 522 to read as follows:
PART 522—SUBMISSION OF GAMING
ORDINANCE OR RESOLUTION
Sec.
522.1
522.2
Scope of this part.
Submission requirements.
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522.3 Amendment.
522.4 Amendment approvals and
disapprovals.
522.5 Approval requirements for class II
ordinances.
522.6 Disapproval of a class II ordinance.
522.7 Approval requirements for class III
ordinances.
522.8 Disapproval of a class III ordinance.
522.9 Publication of class III ordinance and
approval.
522.10 Approval by operation of law.
522.11 Individually owned class II and
class III gaming operations other than
those operating on September 1, 1986.
522.12 Individually owned class II gaming
operations operating on September 1,
1986.
522.13 Revocation of class III gaming.
Authority: 25 U.S.C. 2706, 2710, 2712.
§ 522.1
Scope of this part.
This part applies to any class II or
class III gaming ordinance or resolution,
or amendment thereto adopted by a
tribe.
§ 522.2
Submission requirements.
A tribe shall submit to the Chair via
electronic or physical mail all of the
following information with a request for
approval of a class II or class III
ordinance or resolution, or amendment
thereto:
(a) One copy of an ordinance or
resolution certified as authentic by an
authorized tribal official that meets the
approval requirements in § 522.5(b) or
§ 522.7.
(b) A copy of the procedures to
conduct or cause to be conducted
background investigations on key
employees and primary management
officials and to ensure that key
employees and primary management
officials are notified of their rights
under the Privacy Act as specified in
§ 556.2 of this chapter;
(c) A copy of the procedures to issue
tribal licenses to primary management
officials and key employees
promulgated in accordance with § 558.3
of this chapter;
(d) When an ordinance or resolution
concerns class III gaming, a copy of any
approved tribal-state compact or class III
procedures as prescribed by the
Secretary that are in effect at the time
the ordinance or amendment is passed;
(e) A copy of the procedures for
resolving disputes between the gaming
public and the tribe or the management
contractor;
(f) A copy of the designation of an
agent for service under § 519.1 of this
chapter; and
(g) Identification of the entity that will
take fingerprints and a copy of the
procedures for conducting a criminal
history check. Such a criminal history
check shall include a check of criminal
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57593
history records information maintained
by the Federal Bureau of Investigation.
(h) A tribe shall provide Indian lands
or tribal gaming regulations or
environmental and public health and
safety documentation that the Chair may
request in the Chair’s discretion. The
tribe shall have 30 days from receipt of
a request for additional documentation
to respond.
§ 522.3
Amendment.
(a) Within 15 days after adoption, a
tribe shall submit for the Chair’s
approval, via electronic or physical
mail, any amendment to an ordinance or
resolution.
(b) A tribe shall submit to the Chair
all of the following information with a
request for approval of an amendment:
(1) One copy of the amendment
certified as authentic by an authorized
tribal official;
(2) Any submission under § 522.2(b)
through (h) that has been modified since
it prior conveyance to the Chair for an
ordinance, resolution, or amendment
approval; and
(3) A conforming copy of the entire
ordinance or resolution.
§ 522.4 Amendment approvals and
disapprovals.
(a) No later than 90 days after the
submission of any amendment to a class
II ordinance or resolution the Chair
shall approve the amendment if the
Chair finds that:
(1) A tribe meets the amendment
submission requirements of § 522.3(b);
and
(2) The amendment complies with
§ 522.5(b).
(b) No later than 90 days after a tribe
submits any amendment to a class II
ordinance for approval, the Chair may
disapprove the amendment if the Chair
determines—
(1) A tribe failed to comply with the
amendment submission requirements of
§ 522.3; or
(2) The amendment does not comply
with § 522.5(b).
(c) No later than 90 days after the
submission of any amendment to a class
III ordinance or resolution, the Chair
shall approve the amendment if the
Chair finds that—
(1) A tribe meets the amendment
submission requirements of § 522.3(b);
and
(2) The amendment complies with
§ 522.7(b) and (c).
(d) No later than 90 days after a tribe
submits any amendment to a class III
ordinance for approval, the Chair may
disapprove the amendment if the Chair
determines that—
(1) A tribal governing body did not
adopt the amendment in compliance
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with the governing documents of the
tribe;
(2) The amendment does not comply
with § 522.7(b) and (c); or
(3) A tribal governing body was
significantly and unduly influenced in
the adoption of the amendment by a
person having a direct or indirect
financial interest in a management
contract, a person having management
responsibility for a management
contract, or their agents.
(e) The Chair shall notify a tribe of its
right to appeal a disapproval under part
582 of this chapter. A disapproval shall
be effective immediately unless
appealed under part 582 of this chapter.
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§ 522.5 Approval requirements for class II
ordinances.
No later than 90 days after the
submission to the Chair including all
materials required under § 522.2, the
Chair shall approve the class II
ordinance or resolution if the Chair
finds that:
(a) A tribe meets the submission
requirements contained in § 522.2; and
(b) The class II ordinance or
resolution provides that—
(1) The tribe shall have the sole
proprietary interest in and
responsibility for the conduct of any
gaming operation unless it elects to
allow individually owned gaming under
either § 522.11 or § 522.12;
(2) A tribe shall use net revenues from
any tribal gaming or from any
individually owned games only for one
or more of the following purposes:
(i) To fund tribal government
operations or programs;
(ii) To provide for the general welfare
of the tribe and its members (if a tribe
elects to make per capita distributions,
the plan must be approved by the
Secretary of the Interior under 25 U.S.C.
2710(b)(3));
(iii) To promote tribal economic
development;
(iv) To donate to charitable
organizations; or
(v) To help fund operations of local
government agencies;
(3) A tribe shall cause to be conducted
independent audits of gaming
operations annually and shall submit
the results of those audits to the
Commission;
(4) All gaming related contracts that
result in purchases of supplies, services,
or concessions for more than $25,000 in
any year (except contracts for
professional legal or accounting
services) shall be specifically included
within the scope of the audit conducted
under paragraph (b)(3) of this section;
(5) A tribe shall perform background
investigations and issue licenses for key
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16:33 Sep 20, 2022
Jkt 256001
employees and primary management
officials according to requirements that
are at least as stringent as those in parts
556 and 558 of this chapter;
(6) A tribe shall issue a separate
license to each place, facility, or
location on Indian lands where a tribe
elects to allow class II gaming; and
(7) A tribe shall construct, maintain
and operate a gaming facility in a
manner that adequately protects the
environment and the public health and
safety.
(c) A tribe that subsequently amends
a gaming ordinance pending before the
Chair shall also provide an authentic
resolution withdrawing the pending
submission and resubmitting the revised
submission.
§ 522.6
Disapproval of a class II ordinance.
(a) No later than 90 days after a tribe
submits an ordinance for approval
under § 522.2, the Chair may disapprove
an ordinance if it determines that a tribe
failed to comply with the requirements
of § 522.2 or § 522.5(b).
(b) The Chair shall notify a tribe of its
right to appeal under part 582 of this
chapter. A disapproval shall be effective
immediately unless appealed under part
582 of this chapter.
§ 522.7 Approval requirements for class III
ordinances.
No later than 90 days after the
submission to the Chair under § 522.2,
the Chair shall approve the class III
ordinance or resolution if:
(a) A tribe meets the submission
requirements contained in § 522.2;
(b) The ordinance or resolution meets
the requirements contained in
§ 522.5(b)(2) through (7); and
(c) The tribe shall have the sole
proprietary interest in and
responsibility for the conduct of any
gaming operation unless it elects to
allow individually owned gaming under
§ 522.11.
§ 522.8 Disapproval of a class III
ordinance.
(a) Notwithstanding compliance with
the requirements of § 522.7 and no later
than 90 days after a submission under
§ 522.2, the Chair shall disapprove an
ordinance or resolution if the Chair
determines that:
(1) A tribal governing body did not
adopt the ordinance or resolution in
compliance with the governing
documents of the tribe; or
(2) A tribal governing body was
significantly and unduly influenced in
the adoption of the ordinance or
resolution by a person having a direct or
indirect financial interest in a
management contract, a person having
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
management responsibility for a
management contract, or their agents.
(b) The Chair shall notify a tribe of its
right of appeal a disapproval under part
582 of this chapter. A disapproval shall
be effective immediately unless
appealed under part 582 of this chapter.
§ 522.9 Publication of class III ordinance
and approval.
The Chair shall publish notice of
approval of class III tribal gaming
ordinances or resolutions in the Federal
Register, along with the Chair’s
approval thereof.
§ 522.10
Approval by operation of law.
If the Chair fails to approve or
disapprove an ordinance, resolution, or
amendment thereto submitted under
§ 522.2 or § 522.3 within 90 days after
the date of submission to the Chair, the
tribal ordinance, resolution, or
amendment thereto shall be considered
to have been approved by the Chair but
only to the extent that such ordinance,
resolution, or amendment thereto is
consistent with the provisions of the
Indian Gaming Regulatory Act (IGRA or
Act) and this chapter.
§ 522.11 Individually owned class II and
class III gaming operations other than those
operating on September 1, 1986.
For licensing of individually owned
gaming operations other than those
operating on September 1, 1986
(addressed under § 522.12), a tribal
ordinance shall require:
(a) That the gaming operation be
licensed and regulated under an
ordinance or resolution approved by the
Chair;
(b) That income to the tribe from an
individually owned gaming operation
be used only for the purposes listed in
§ 522.4(b)(2);
(c) That not less than 60 percent of the
net revenues be income to the tribe;
(d) That the owner pay an assessment
to the Commission under § 514.1 of this
chapter;
(e) Licensing standards that are at
least as restrictive as those established
by State law governing similar gaming
within the jurisdiction of the
surrounding State; and
(f) Denial of a license for any person
or entity that would not be eligible to
receive a State license to conduct the
same activity within the jurisdiction of
the surrounding State. State law
standards shall apply with respect to
purpose, entity, pot limits, and hours of
operation.
E:\FR\FM\21SER1.SGM
21SER1
Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Rules and Regulations
§ 522.12 Individually owned class II
gaming operations operating on September
1, 1986.
For licensing of individually owned
gaming operations operating on
September 1, 1986, under § 502.3(e) of
this chapter, a tribal ordinance shall
contain the same requirements as those
in § 522.11(a) through (d).
§ 522.13
Revocation of class III gaming.
A governing body of a tribe, in its sole
discretion and without the approval of
the Chair, may adopt an ordinance or
resolution revoking any prior ordinance
or resolution that authorizes class III
gaming.
(a) A tribe shall submit to the Chair
one copy of any revocation ordinance or
resolution certified as authentic by an
authorized tribal official.
(b) The Chairman shall publish such
ordinance or resolution in the Federal
Register and the revocation provided by
such ordinance or resolution shall take
effect on the date of such publication.
(c) Notwithstanding any other
provision of this section, any person or
entity operating a class III gaming
operation on the date of publication in
the Federal Register under paragraph
(b) of this section may, during a oneyear period beginning on the date of
publication, continue to operate such
operation in conformance with a tribalstate compact.
(d) A revocation shall not affect:
(1) Any civil action that arises during
the one-year period following
publication of the revocation; or
(2) Any crime that is committed
during the one-year period following
publication of the revocation.
Dated: September 14, 2022.
E. Sequoyah Simermeyer,
Chairman.
Jeannie Hovland
Vice Chair.
[FR Doc. 2022–20235 Filed 9–20–22; 8:45 am]
BILLING CODE 7565–01–P
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 571
RIN 3141–AA72
khammond on DSKJM1Z7X2PROD with RULES
Audit Standards
National Indian Gaming
Commission.
ACTION: Final rule.
AGENCY:
The National Indian Gaming
Commission (NIGC) is amending its
Audit standards regulations. The
amendments eliminate the Commission
SUMMARY:
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16:33 Sep 20, 2022
Jkt 256001
waiver requirement for reviewed
financial statements and allow all
operations grossing less than $2 million
in the previous fiscal year to submit
reviewed financial statements provided
that the tribe or tribal gaming regulatory
authority (TGRA) permits the gaming
operation to submit reviewed financials.
The amendments also create a third tier
of financial reporting for charitable
gaming operations with annual gross
revenues of $50,000 or less where, if
permitted by the tribe, a tribal or
charitable gaming operation may submit
financial information on a monthly
basis to the tribe or the TGRA and in
turn, the tribe or TGRA provides an
annual certification to the NIGC
regarding the gaming operation’s
compliance with the financial reporting
requirements. The amendments also add
a provision clarifying that the
submission of an adverse opinion does
not satisfy the regulation’s reporting
requirements.
DATES: This rule is effective October 21,
2022.
FOR FURTHER INFORMATION CONTACT:
Michael Hoenig, National Indian
Gaming Commission; 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
establishes the National Indian Gaming
Commission (NIGC or Commission) and
sets out a comprehensive framework for
the regulation of gaming on Indian
lands. On January 22, 1993, the
Commission promulgated § 571.12
establishing audit standards for tribal
gaming facilities. On July 27, 2009, the
Commission amended the regulation to
allow tribes with multiple facilities to
consolidate their audit statements into
one and to allow operations earning less
than $2 million in gross gaming revenue
to file an abbreviated statement.
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 several
topics, including proposed changes to
the Audit standards. Prior to
consultation, the Commission released
proposed discussion drafts of the
regulations for review. The amendments
to the Audit standards are designed to
reduce the financial hurdles that small
and charitable gaming operations face
regarding the audit requirement. They
also clarify which types of audit
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Frm 00025
Fmt 4700
Sfmt 4700
57595
opinions satisfy the audit submission
requirements. The Commission held
two virtual consultation sessions in
September and one virtual consultation
in October of 2021 to receive tribal
input on any proposed changes.
The Commission then published a
proposed rule for notice and comments
on June 1, 2022 at 87 FR 33091 and
extended the comment period to August
1, 2022 on July 13, 2022 at 87 FR 41637.
III. Review of Public Comments
The Commission received several
general and specific comments on the
proposed amendments.
Comment: One commenter proposed
changes to eliminate the ‘‘prepared by a
certified public accountant’’ language
from the financial statements element of
audit submissions.
Response: Commission agrees and has
revised the rule accordingly.
Comment: One commenter proposed
changes to clarify that the independent
certified public accountant is the entity
that may issue an adverse opinion and
that any adverse opinions must still be
submitted to the Commission.
Response: Commission agrees and has
revised the rule accordingly.
Comment: One commenter expressed
appreciation for the Commission’s
proposal to continue accepting adverse
opinions that result from financial
statements prepared in accordance with
generally accepted accounting
principles as promulgated by the
Financial Accounting Standards Board
rather than the Governmental
Accounting Standards Board.
Response: Commission appreciates
the comment and has maintained the
exception in this rule.
Comment: Two commenters noted
that the discussion draft circulated
during the consultation rounds
addressed disclaimed audits, but the
proposed rule did not. They asked what
the Commission’s position is on
disclaimed audits.
Response: At this time, the
Commission has chosen to continue to
accept disclaimed audit opinions, but
may revisit the issue in the future. The
Compliance Division will continue to
carefully review each disclaimed
opinion and the circumstances behind
them.
Comment: One commenter expressed
concern that tribes who go to the effort
and expense of conducting an audit
only to receive an adverse opinion are
now subject to the same violation as a
tribe that failed to submit anything at
all.
Response: The reasons for receiving
an adverse opinion and the difference in
circumstances is more appropriately
E:\FR\FM\21SER1.SGM
21SER1
]]>Agencies
[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57590-57595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20235]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 522
RIN 3141-AA73
Submission of Gaming Ordinance or Resolution
AGENCY: National Indian Gaming Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Indian Gaming Commission (NIGC) is amending the
procedures for Submission of Gaming Ordinance or Resolution under the
Indian Gaming Regulatory Act. The
[[Page 57591]]
amendment revises the regulations controlling the submission and
approval requirements of tribal gaming ordinances or resolutions and
amendments thereof. Notably, the rule: authorizes the submission of
documents in electronic or physical form; clarifies that the submission
requirements apply to amendments of ordinances or resolutions;
eliminates the requirement that an Indian tribe provide copies of all
gaming regulations with its submission and instead requires a tribe to
submit gaming regulations only upon request; initiates the 90-day
deadline for the NIGC Chair ruling upon receipt of a complete
submission; requires tribes that subsequently amend a gaming ordinance
pending before the Chair to provide an authentic resolution withdrawing
the pending submission and resubmitting the revised submission; and
eliminates the requirement that the NIGC Chair publish a tribe's entire
gaming ordinance in the Federal Register, requiring notice of approval
to be published with the Chair's approval letter instead. In addition,
the NIGC has made other non-substantive revisions, such as citation to
cross references, minor grammatical revisions, and formatting changes.
DATES: Effective October 21, 2022.
FOR FURTHER INFORMATION CONTACT: Michael Hoenig, National Indian Gaming
Commission; 1849 C Street NW, MS 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 establishes the National Indian Gaming Commission (NIGC or
Commission) and sets 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 Submission of Gaming Ordinance or Resolution. 58 FR
5810. The rule added part 522, which established a process for Indian
tribes to submit a gaming ordinance, resolution, or amendment for the
NIGC Chair's review and approval as required by 25 U.S.C. 2710(b)(2)
and (d)(2)(a). The NIGC's intent was to assist tribal gaming operators
with maintaining compliance with IGRA and implement its provisions
germane to gaming ordinances or resolutions. The Commission promulgated
three minor amendments thereafter. 58 FR 16494, 73 FR 6029, and 80 FR
31994.
On March 23, 1993, the Commission amended its submission
requirements at Sec. 522.2(h) to include identification of a law
enforcement agency that will take fingerprints and a description of the
procedures for conducting a criminal history check by a law enforcement
agency. 58 FR 16494.
On February 1, 2008, the Commission amended part 522's submission
requirements to codify that a tribe shall provide Indian lands or
environmental and public health and safety documentation upon the NIGC
Chair's request, 25 U.S.C. 2710(b), (2)(e), and (d)(1). 73 FR 6029.
On June 5, 2015, the Commission amended part 522 to remove and
update references to other regulations and make minor grammatical
changes. 80 FR 31994.
It has been approximately twenty-nine years since the NIGC first
promulgated part 522, with few revisions. During the intervening
period, Indian gaming has undergone a meteoric expansion. During that
expansion, the NIGC has continued to utilize part 522, and continues to
look for ways to improve the regulations. The amendments reflect the
Agency's intent to ensure that NIGC regulations meet the needs of the
tribal gaming industry.
Through this rule, the NIGC amends its regulations to make several
changes. The Commission will no longer require the submission of a
physical copy of the ordinance. This rule will authorize the submission
of documents in electronic or physical form, saving time and preventing
inadvertent delays in review. The Commission will publish an updated
bulletin that includes directions for electronic submission.
The amendment also clarifies that the 90-day deadline for the NIGC
Chair's decision to approve an ordinance does not begin until the NIGC
has received a complete submission and that the submission requirements
apply to amendments of ordinances or resolutions. Submission of
amendments will also require the submission of a conformed copy of the
Ordinance.
The Commission also recognizes that a tribe's gaming ordinance
often creates the tribal regulatory authority that will draft and
implement the tribe's gaming regulations. As such, the Commission is
amending the rule to eliminate the requirement that a tribe provide
copies of all gaming regulations with its submission. Instead, tribes
will only be required to submit gaming regulations upon request.
In most circumstances, if the NIGC identifies any issues during an
ordinance review period that may lead to a disapproval recommendation
to the Chair, it will discuss those issues with the submitting tribe
and allow for the tribe to address the issues before a final decision
is made by the Chair. This rule requires tribes that subsequently amend
a gaming ordinance pending the Chair's decision to provide an authentic
resolution withdrawing the pending submission and resubmitting the
revised submission.
This rule eliminates the requirement that the NIGC Chair publish a
tribe's entire gaming ordinance in the Federal Register. Instead, the
regulation will require the Agency to publish notice of each approved
ordinance and the Chair's approval letter in the Federal Register. The
Agency will continue its existing practice of publishing the ordinance
itself on the NIGC's website.
Finally, the NIGC has made other non-substantive revisions, such as
corrections to cross references, minor grammatical revisions, and
formatting changes.
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 gaming
ordinance or resolution submission process. Prior to consultation, the
Commission released proposed discussion drafts of the regulations for
review. The proposed amendment to the gaming ordinance or resolution
submission regulations 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 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.
After considering the comments received from the public and through
tribal consultations, the Commission published a notice of proposed
rulemaking on December 9, 2021, 86 FR 70067. The notice of proposed
rulemaking indicated that comments were due on or before January 10,
2022. On January 14, 2022, 87 FR 2384, the NIGC published a correction
to the notice of proposed rulemaking, clarifying that the comment
period would close on February 7, 2022. On June 16, 2022, 87 FR 36280,
the NIGC announced the reopening of the comment period until June 23,
2022.
[[Page 57592]]
The Commission reviewed all of the public's comments and now
proposes these changes, which it believes will improve the gaming
ordinance or resolution submission process.
III. Review of Public Comments
The Commission received the following comments in response to the
notice of proposed rulemaking.
Comment: A commenter disagreed with requiring a tribe to submit to
the Chair a copy of the tribe's constitution, governing document(s), or
an accurate and true description of the tribe's governmental entity and
authority to enact the submitted ordinance or resolution, with a
request for approval of a class II or class III ordinance or resolution
or amendment thereto. The commenter stated that the documents submitted
should be sufficient.
Response: The Commission agrees and accepts this recommendation.
Generally, a tribe submits a resolution enacted by the tribe's
governing body that indicates it was adopted pursuant to tribal law
that is signed by a tribal official who certifies the authenticity or
accuracy of the resolution that adopted the class II or class III
ordinance resolution, or amendment thereto. Generally, this is
sufficient.
IGRA requires that the Chair shall approve an ordinance or
resolution unless the Chair specifically determines that the ordinance
or resolution was not adopted in compliance with the tribe's governing
documents. 25 U.S.C. 2710(d)(2)(B). In order to make such a
determination, the Chair may need copies of the tribe's governing
documents or, for those tribes that do not have a written constitution
or governing documents, a description of the governmental organization
and authority to approve ordinances. The purpose is not to question or
interpret the tribe's law or structure, but simply to ensure that any
ordinance approved was enacted by the tribe pursuant to its own laws.
As part of its existing review process, the NIGC often requests such
documents. It proposed to add the submission here to clarify the
Chair's responsibility, not to grant the Chair additional authority.
The NIGC will meet our obligations, however, through existing internal
processes to ensure that the ordinance was adopted pursuant to the
tribe's own laws or rules. The Commission will also publish a Bulletin
discussing IGRA's requirement in this regard and the NIGC's process for
ensuring that all ordinances are adopted by the authorized body
pursuant to the tribe's governing requirements.
Comment: A commenter requested that we clarify the requirement that
a tribe identify the entity that will take fingerprints and provide a
copy of the procedures for conducting a criminal history check with a
request for approval of a class II or class III ordinance, resolution,
or amendment thereto.
Response: Currently, NIGC regulations require that a tribe provide
the identification of the law enforcement agency that will take
fingerprints and a description of the procedures for conducting a
criminal history check with a request for approval of a class II or
class III ordinance or resolution. 25 CFR 522.2(h). This requirement
relates to background investigations performed by tribes on individuals
seeking to be licensed as a key employee or primary management official
of a gaming operation. The background investigation requires the tribe
to request fingerprints from each key employee or primary management
official.
The NIGC has long taken the position that a tribe or its tribal
gaming regulatory authority qualifies as a law enforcement agency for
this limited purpose. The current revision clarifies this position by
removing the language suggesting that only traditional police agencies
can take fingerprints.
Comment: A commenter supported the removal of the requirement to
publish a tribe's class III gaming ordinance in the Federal Register
along with the Chair's approval thereof. The commenter believes that it
is a matter of tribal sovereignty for each tribe to determine whether
to make its gaming ordinance publicly available.
Response: The Commission appreciates the comment. The requirement
is being removed because IGRA requires all tribal gaming ordinances
contain the same requirements concerning a tribe's sole proprietary
interest and responsibility for the gaming activity, use of net
revenues, annual audits, health and safety, and background
investigations and licensing of key employees and primary management
officials. The Commission, therefore, believes that publication of each
ordinance in the Federal Register would be redundant and result in
unnecessary cost to the Commission. Thus, the Commission believes that
publishing a notice of approved Class III tribal gaming ordinances in
the Federal Register is sufficient to meet the requirements of 25
U.S.C. 2710(d)(2)(B).
The Commission disagrees with the commenter's opinion that the
decision to make a gaming ordinance publicly available should be
determined by each tribe. Tribal gaming ordinances provide information
of which the public, including tribal members, should be aware. This
includes informing tribal members whether the tribe has elected to make
per capita distribution, informing those seeking to be licensed as a
primary management official or key employee the standards for obtaining
a license, and informing patrons of a gaming operation the procedures
for resolving disputes between the gaming public and the tribe. For
this reason, the Commission posts every ordinance and approval thereof
on its website (www.nigc.gov) under General Counsel, Gaming Ordinances.
IV. 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 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 section 3(a) and 3(b)(2) of the order.
[[Page 57593]]
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- 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 consultation policy specifies
that it will consult with tribes on Commission Actions 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 gaming ordinance or resolution submission and approval
process.
List of Subjects in 25 CFR Part 522
Gambling, Indian--lands, Indian--tribal government, Reporting and
recordkeeping requirements.
0
Therefore, for reasons stated in the preamble, the Commission revises
25 CFR part 522 to read as follows:
PART 522--SUBMISSION OF GAMING ORDINANCE OR RESOLUTION
Sec.
522.1 Scope of this part.
522.2 Submission requirements.
522.3 Amendment.
522.4 Amendment approvals and disapprovals.
522.5 Approval requirements for class II ordinances.
522.6 Disapproval of a class II ordinance.
522.7 Approval requirements for class III ordinances.
522.8 Disapproval of a class III ordinance.
522.9 Publication of class III ordinance and approval.
522.10 Approval by operation of law.
522.11 Individually owned class II and class III gaming operations
other than those operating on September 1, 1986.
522.12 Individually owned class II gaming operations operating on
September 1, 1986.
522.13 Revocation of class III gaming.
Authority: 25 U.S.C. 2706, 2710, 2712.
Sec. 522.1 Scope of this part.
This part applies to any class II or class III gaming ordinance or
resolution, or amendment thereto adopted by a tribe.
Sec. 522.2 Submission requirements.
A tribe shall submit to the Chair via electronic or physical mail
all of the following information with a request for approval of a class
II or class III ordinance or resolution, or amendment thereto:
(a) One copy of an ordinance or resolution certified as authentic
by an authorized tribal official that meets the approval requirements
in Sec. 522.5(b) or Sec. 522.7.
(b) A copy of the procedures to conduct or cause to be conducted
background investigations on key employees and primary management
officials and to ensure that key employees and primary management
officials are notified of their rights under the Privacy Act as
specified in Sec. 556.2 of this chapter;
(c) A copy of the procedures to issue tribal licenses to primary
management officials and key employees promulgated in accordance with
Sec. 558.3 of this chapter;
(d) When an ordinance or resolution concerns class III gaming, a
copy of any approved tribal-state compact or class III procedures as
prescribed by the Secretary that are in effect at the time the
ordinance or amendment is passed;
(e) A copy of the procedures for resolving disputes between the
gaming public and the tribe or the management contractor;
(f) A copy of the designation of an agent for service under Sec.
519.1 of this chapter; and
(g) Identification of the entity that will take fingerprints and a
copy of the procedures for conducting a criminal history check. Such a
criminal history check shall include a check of criminal history
records information maintained by the Federal Bureau of Investigation.
(h) A tribe shall provide Indian lands or tribal gaming regulations
or environmental and public health and safety documentation that the
Chair may request in the Chair's discretion. The tribe shall have 30
days from receipt of a request for additional documentation to respond.
Sec. 522.3 Amendment.
(a) Within 15 days after adoption, a tribe shall submit for the
Chair's approval, via electronic or physical mail, any amendment to an
ordinance or resolution.
(b) A tribe shall submit to the Chair all of the following
information with a request for approval of an amendment:
(1) One copy of the amendment certified as authentic by an
authorized tribal official;
(2) Any submission under Sec. 522.2(b) through (h) that has been
modified since it prior conveyance to the Chair for an ordinance,
resolution, or amendment approval; and
(3) A conforming copy of the entire ordinance or resolution.
Sec. 522.4 Amendment approvals and disapprovals.
(a) No later than 90 days after the submission of any amendment to
a class II ordinance or resolution the Chair shall approve the
amendment if the Chair finds that:
(1) A tribe meets the amendment submission requirements of Sec.
522.3(b); and
(2) The amendment complies with Sec. 522.5(b).
(b) No later than 90 days after a tribe submits any amendment to a
class II ordinance for approval, the Chair may disapprove the amendment
if the Chair determines--
(1) A tribe failed to comply with the amendment submission
requirements of Sec. 522.3; or
(2) The amendment does not comply with Sec. 522.5(b).
(c) No later than 90 days after the submission of any amendment to
a class III ordinance or resolution, the Chair shall approve the
amendment if the Chair finds that--
(1) A tribe meets the amendment submission requirements of Sec.
522.3(b); and
(2) The amendment complies with Sec. 522.7(b) and (c).
(d) No later than 90 days after a tribe submits any amendment to a
class III ordinance for approval, the Chair may disapprove the
amendment if the Chair determines that--
(1) A tribal governing body did not adopt the amendment in
compliance
[[Page 57594]]
with the governing documents of the tribe;
(2) The amendment does not comply with Sec. 522.7(b) and (c); or
(3) A tribal governing body was significantly and unduly influenced
in the adoption of the amendment by a person having a direct or
indirect financial interest in a management contract, a person having
management responsibility for a management contract, or their agents.
(e) The Chair shall notify a tribe of its right to appeal a
disapproval under part 582 of this chapter. A disapproval shall be
effective immediately unless appealed under part 582 of this chapter.
Sec. 522.5 Approval requirements for class II ordinances.
No later than 90 days after the submission to the Chair including
all materials required under Sec. 522.2, the Chair shall approve the
class II ordinance or resolution if the Chair finds that:
(a) A tribe meets the submission requirements contained in Sec.
522.2; and
(b) The class II ordinance or resolution provides that--
(1) The tribe shall have the sole proprietary interest in and
responsibility for the conduct of any gaming operation unless it elects
to allow individually owned gaming under either Sec. 522.11 or Sec.
522.12;
(2) A tribe shall use net revenues from any tribal gaming or from
any individually owned games only for one or more of the following
purposes:
(i) To fund tribal government operations or programs;
(ii) To provide for the general welfare of the tribe and its
members (if a tribe elects to make per capita distributions, the plan
must be approved by the Secretary of the Interior under 25 U.S.C.
2710(b)(3));
(iii) To promote tribal economic development;
(iv) To donate to charitable organizations; or
(v) To help fund operations of local government agencies;
(3) A tribe shall cause to be conducted independent audits of
gaming operations annually and shall submit the results of those audits
to the Commission;
(4) All gaming related contracts that result in purchases of
supplies, services, or concessions for more than $25,000 in any year
(except contracts for professional legal or accounting services) shall
be specifically included within the scope of the audit conducted under
paragraph (b)(3) of this section;
(5) A tribe shall perform background investigations and issue
licenses for key employees and primary management officials according
to requirements that are at least as stringent as those in parts 556
and 558 of this chapter;
(6) A tribe shall issue a separate license to each place, facility,
or location on Indian lands where a tribe elects to allow class II
gaming; and
(7) A tribe shall construct, maintain and operate a gaming facility
in a manner that adequately protects the environment and the public
health and safety.
(c) A tribe that subsequently amends a gaming ordinance pending
before the Chair shall also provide an authentic resolution withdrawing
the pending submission and resubmitting the revised submission.
Sec. 522.6 Disapproval of a class II ordinance.
(a) No later than 90 days after a tribe submits an ordinance for
approval under Sec. 522.2, the Chair may disapprove an ordinance if it
determines that a tribe failed to comply with the requirements of Sec.
522.2 or Sec. 522.5(b).
(b) The Chair shall notify a tribe of its right to appeal under
part 582 of this chapter. A disapproval shall be effective immediately
unless appealed under part 582 of this chapter.
Sec. 522.7 Approval requirements for class III ordinances.
No later than 90 days after the submission to the Chair under Sec.
522.2, the Chair shall approve the class III ordinance or resolution
if:
(a) A tribe meets the submission requirements contained in Sec.
522.2;
(b) The ordinance or resolution meets the requirements contained in
Sec. 522.5(b)(2) through (7); and
(c) The tribe shall have the sole proprietary interest in and
responsibility for the conduct of any gaming operation unless it elects
to allow individually owned gaming under Sec. 522.11.
Sec. 522.8 Disapproval of a class III ordinance.
(a) Notwithstanding compliance with the requirements of Sec. 522.7
and no later than 90 days after a submission under Sec. 522.2, the
Chair shall disapprove an ordinance or resolution if the Chair
determines that:
(1) A tribal governing body did not adopt the ordinance or
resolution in compliance with the governing documents of the tribe; or
(2) A tribal governing body was significantly and unduly influenced
in the adoption of the ordinance or resolution by a person having a
direct or indirect financial interest in a management contract, a
person having management responsibility for a management contract, or
their agents.
(b) The Chair shall notify a tribe of its right of appeal a
disapproval under part 582 of this chapter. A disapproval shall be
effective immediately unless appealed under part 582 of this chapter.
Sec. 522.9 Publication of class III ordinance and approval.
The Chair shall publish notice of approval of class III tribal
gaming ordinances or resolutions in the Federal Register, along with
the Chair's approval thereof.
Sec. 522.10 Approval by operation of law.
If the Chair fails to approve or disapprove an ordinance,
resolution, or amendment thereto submitted under Sec. 522.2 or Sec.
522.3 within 90 days after the date of submission to the Chair, the
tribal ordinance, resolution, or amendment thereto shall be considered
to have been approved by the Chair but only to the extent that such
ordinance, resolution, or amendment thereto is consistent with the
provisions of the Indian Gaming Regulatory Act (IGRA or Act) and this
chapter.
Sec. 522.11 Individually owned class II and class III gaming
operations other than those operating on September 1, 1986.
For licensing of individually owned gaming operations other than
those operating on September 1, 1986 (addressed under Sec. 522.12), a
tribal ordinance shall require:
(a) That the gaming operation be licensed and regulated under an
ordinance or resolution approved by the Chair;
(b) That income to the tribe from an individually owned gaming
operation be used only for the purposes listed in Sec. 522.4(b)(2);
(c) That not less than 60 percent of the net revenues be income to
the tribe;
(d) That the owner pay an assessment to the Commission under Sec.
514.1 of this chapter;
(e) Licensing standards that are at least as restrictive as those
established by State law governing similar gaming within the
jurisdiction of the surrounding State; and
(f) Denial of a license for any person or entity that would not be
eligible to receive a State license to conduct the same activity within
the jurisdiction of the surrounding State. State law standards shall
apply with respect to purpose, entity, pot limits, and hours of
operation.
[[Page 57595]]
Sec. 522.12 Individually owned class II gaming operations operating
on September 1, 1986.
For licensing of individually owned gaming operations operating on
September 1, 1986, under Sec. 502.3(e) of this chapter, a tribal
ordinance shall contain the same requirements as those in Sec.
522.11(a) through (d).
Sec. 522.13 Revocation of class III gaming.
A governing body of a tribe, in its sole discretion and without the
approval of the Chair, may adopt an ordinance or resolution revoking
any prior ordinance or resolution that authorizes class III gaming.
(a) A tribe shall submit to the Chair one copy of any revocation
ordinance or resolution certified as authentic by an authorized tribal
official.
(b) The Chairman shall publish such ordinance or resolution in the
Federal Register and the revocation provided by such ordinance or
resolution shall take effect on the date of such publication.
(c) Notwithstanding any other provision of this section, any person
or entity operating a class III gaming operation on the date of
publication in the Federal Register under paragraph (b) of this section
may, during a one-year period beginning on the date of publication,
continue to operate such operation in conformance with a tribal-state
compact.
(d) A revocation shall not affect:
(1) Any civil action that arises during the one-year period
following publication of the revocation; or
(2) Any crime that is committed during the one-year period
following publication of the revocation.
Dated: September 14, 2022.
E. Sequoyah Simermeyer,
Chairman.
Jeannie Hovland
Vice Chair.
[FR Doc. 2022-20235 Filed 9-20-22; 8:45 am]
BILLING CODE 7565-01-P
