National Indian Gaming Commission May 2006 – Federal Register Recent Federal Regulation Documents
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Definition for Electronic or Electromechanical Facsimile
The proposed rule revises the definition of a term Congress used to define Class II gaming under the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq. (``IGRA'' or ``Act''). Specifically, the proposed rule revises the definition for ``electronic or electromechanical facsimile'' that appears in part 502 of the Commission's regulations (25 CFR part 501 et seq.). The Commission defined these terms in 1992 and revised the definitions in 2002. The proposed rule offers further revision.
Classification Standards for Bingo, Lotto, Other Games Similar to Bingo, Pull Tabs and Instant Bingo as Class II Gaming When Played Through an Electronic Medium Using “Electronic, Computer, or Other Technologic Aids”
The proposed rule clarifies the terms Congress used to define Class II gaming under the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq. (``IGRA'' or ``Act''). First, the proposed rule further revises the definitions for ``electronic or electromechanical facsimile'' and ``other games similar to bingo'' that appear in part 502 of Commission regulations (25 CFR part 501 et seq.). The Commission defined these terms in 1992, revised the definitions in 2002, and proposed further revisions to the term ``electronic or electromechanical facsimile'' separate from this proposed revision. The proposed rule offers further revision that would incorporate the new part 546 into the definitions. The Commission adds a new Part to its regulations (part 546) that explains the basis for determining whether a game of bingo or lotto, ``other game similar to bingo,'' or a game of pull-tabs or ``instant bingo,'' meets the IGRA statutory requirements for Class II gaming, when such games are played electronically, primarily through an ``electronic, computer or other technologic aid,'' while distinguishing them from Class III ``electronic or electromechanical facsimiles.'' This new part also establishes a process for assuring that such games are Class II before placement of the games in a Class II tribal gaming operation. This process contains information collection requirements subject to the Paperwork Reduction Act of 1995. The Commission has submitted the information collection request to OMB for approval.
Minimum Internal Control Standards
In response to the inherent risks of gaming enterprises and the resulting need for effective internal controls in Tribal gaming operations, the National Indian Gaming Commission (Commission or NIGC) first developed Minimum Internal Control Standards (MICS) for Indian gaming in 1999, which have subsequently been revised several times. The Commission recognized from the outset that periodic technical adjustments and revisions would be necessary in order to keep the MICS effective in protecting Tribal gaming assets, the interests of Tribal stakeholders and the gaming public. To that end, the following final rule revisions contain certain corrections and revisions, which are necessary to clarify, improve, and update the Commission's existing MICS. The purpose of these final MICS revisions is to address apparent shortcomings in the MICS and various changes in Tribal gaming technology and methods. Public comments on these final MICS revisions were received by the Commission for a period of 45 days after their publication in the Federal Register as a proposed rule on November 15, 2005. After consideration of all received comments, the Commission has made whatever changes to the proposed revisions that it deemed appropriate, and is now promulgating and publishing the final revisions to the Commission's MICS Rule, 25 CFR part 542.
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