National Indian Gaming Commission May 25, 2006 – Federal Register Recent Federal Regulation Documents

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.