National Indian Gaming Commission 2011 – Federal Register Recent Federal Regulation Documents

Notice of Tribal Consultations; Schedule Update
Document Number: 2011-33190
Type: Notice
Date: 2011-12-28
Agency: National Indian Gaming Commission, Department of the Interior
On November 18, 2010, the National Indian Gaming Commission (NIGC) published a Notice of Inquiry and Notice of Consultation, 75 FR 70680. The Commission announced to the public a comprehensive review of all its regulations, sought responses to many general and specific questions about its regulations, and announced a schedule of consultations. This notice adds two consultations to the schedule for January 2012. Should any further changes to the consultation schedule be necessary, the Commission will announce them in the Federal Register and on its Web site, www.nigc.gov.
Definition of Enforcement Action
Document Number: 2011-33028
Type: Proposed Rule
Date: 2011-12-27
Agency: Department of the Interior, National Indian Gaming Commission
This action proposes to amend NIGC regulations to include definitions for ``enforcement action''. The Indian Gaming Regulatory Act authorizes the NIGC to take certain actions in regard to violations of the Act, NIGC regulations, and tribal gaming ordinances. However, current NIGC regulations do not provide a definition for such actions. The Commission believes that providing a definition for these actions will provide clarity to persons subject to them. Therefore, a definition of ``enforcement action'' is proposed in this notice.
Enforcement Actions
Document Number: 2011-32757
Type: Proposed Rule
Date: 2011-12-27
Agency: Department of the Interior, National Indian Gaming Commission
This action proposes to amend NIGC regulations to include a graduated pre-enforcement process through which a tribe may come into compliance before an enforcement action is taken by the Chair. Voluntary compliance is the goal of the Commission. This amendment sets forth how Commission staff and tribes may address potential or existing compliance issues. The amendment retains the Chair's authority to issue an enforcement action at the Chair's discretion. The amendment also modifies this Part to allow a temporary closure order when there is clear and convincing evidence that a gaming operation defrauds a tribe. The current regulation provides for the issuance of a temporary closure order when there is clear and convincing evidence that a gaming operation defrauds a tribe or a customer. The Commission believes this issue has been adequately addressed by ordinance requirements of the IGRA and NIGC regulations, because tribes must include in their ordinances a dispute resolution procedure to address issues where a customer believes she or he has been defrauded. If the tribe fails to follow their ordinance, enforcement action may be taken. Finally, current regulations do not provide specificity for when an enforcement action becomes final, such as when a notice of violation is issued and there is no appeal filed or settlement agreement reached. The proposed amendment clarifies that an enforcement action becomes final agency action and a final order of the Commission if no appeal is filed or a settlement agreement reached.
Tribal Background Investigations and Licensing
Document Number: 2011-32760
Type: Proposed Rule
Date: 2011-12-22
Agency: Department of the Interior, National Indian Gaming Commission
The proposed rule modifies certain NIGC regulations concerning background investigations and licenses to reduce the quantity of documents that must be submitted to the Commission; to require that two notifications be submitted to the Commission in order to comply with the Indian Gaming Regulatory Act (IGRA); and to establish the requirements for the issuance of temporary and permanent gaming licenses.
Management Contracts-Background Investigations
Document Number: 2011-32759
Type: Proposed Rule
Date: 2011-12-22
Agency: Department of the Interior, National Indian Gaming Commission
This action proposes to amend NIGC regulations to include tribes, wholly owned tribal entities, and national banks that are already federally regulated or required to undergo a background investigation and licensure by a state or tribe pursuant to a tribal- state compact as entities that the Chair may exercise discretion regarding the submission of information and background investigations. This process may provide for a streamlined review for such entities in the background investigation process required for management contracts. The proposed revision may reduce duplication of efforts while maintaining the integrity of NIGC review. The proposal maintains the Chair's discretion in determining which entities should be allowed to proceed through an expedited background investigation. This amendment has been included in this proposed rule. The Commission also considered revising its regulations to clarify that a management contractor should be required to submit background information when the contract is for management of both Class II and Class III gaming activities. Many public comments noted that it was not a necessary revision. The Commission agrees with those public comments and does not propose that clarification.
Review and Approval of Existing Ordinances or Resolutions
Document Number: 2011-25930
Type: Proposed Rule
Date: 2011-10-12
Agency: Department of the Interior, National Indian Gaming Commission
On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of its regulations and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultations and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule setting out a consultation schedule and process for review. Based on the above review, the Commission proposes to rescind our regulations pertaining to the approval of existing ordinances and resolutions that were enacted by a Tribe prior to February 22, 1993 and that have not been submitted to the NIGC Chair, and to notify the public that it does not intend to take action at this time on certain other regulations identified in the Notice of Regulatory Review Schedule.
Issuance of Investigation Completion Letters
Document Number: 2011-25923
Type: Proposed Rule
Date: 2011-10-12
Agency: Department of the Interior, National Indian Gaming Commission
This action proposes to amend our regulations to provide for an investigation completion letter to be issued to a Tribe if the Agency's authorized staff will not recommend the commencement of an enforcement proceeding against a respondent.
Fees
Document Number: 2011-25955
Type: Proposed Rule
Date: 2011-10-11
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission (NIGC) proposes to amend its fee regulations by requiring tribes to submit their fees and fee statements on a quarterly basis, basing the fee calculation on the gaming operation's fiscal year, establishing an assessment for fees submitted one to 90 days late, and establishing a fingerprinting fee payment process.
Regulatory Review Schedule
Document Number: 2011-23729
Type: Proposed Rule
Date: 2011-09-16
Agency: Department of the Interior, National Indian Gaming Commission
The purpose of this document is to change the date and location for the Tribal consultation scheduled for November 14-15, 2011 at the Spa Resort Casino, Palms Springs, California to November 14, 2011 in Rapid City, South Dakota.
Regulatory Review Schedule
Document Number: 2011-22445
Type: Proposed Rule
Date: 2011-09-01
Agency: Department of the Interior, National Indian Gaming Commission
The purpose of this document is to cancel ten tribal consultations scheduled during November 2011, December 2011, January 2012, and February 2012 and to modify the dates for six tribal consultations scheduled during September 2011, October 2011 and November 2011.
Minimum Internal Control Standards for Class II Gaming
Document Number: 2011-22035
Type: Rule
Date: 2011-08-30
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission (``NIGC'') announces the delay of the effective date on the final rule for Minimum Internal Control Standards for Class II Gaming. The final rule was first published in the Federal Register on October 10, 2008. The Commission delayed the effective date for portions of the final rule on October 9, 2009, and September 10, 2010. With this document, the Commission further delays the effective date in order to allow the Commission time to convene a Tribal Advisory Committee (TAC), to receive and review input from the TAC, and to thoroughly review comments from the public on any potential amendments to the regulations.
Class II Gaming Regulation Proposals Submitted by Poarch Band of Creek Indians on Behalf of Tribal Gaming Working Group
Document Number: 2011-20721
Type: Proposed Rule
Date: 2011-08-15
Agency: Department of the Interior, National Indian Gaming Commission
The National Indian Gaming Commission (NIGC) is publishing for comment Class II Gaming Regulation Proposals submitted on July 28, 2011 by the Poarch Band of Creek Indians (PBCI) on behalf of the Tribal Gaming Working Group (TGWG). PBCI and TGWG state their proposals were drafted with the intent of ensuring that all controls are covered in the current regulations, while at the same time removing some of the strict procedural steps and tasks not appropriately characterized as standards. PBCI and TGWG also assert that the current regulations are difficult to use and apply due to duplication across multiple sections, dated terminology, and procedures that are obsolete and not reflective of current technology.
Regulatory Review Schedule; Cancellation of Consultation Meetings
Document Number: 2011-19808
Type: Proposed Rule
Date: 2011-08-04
Agency: Department of the Interior, National Indian Gaming Commission
On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of its regulations and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultations and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule setting out a consultation schedule and process for review. The purpose of this document is to cancel four scheduled tribal consultations.
Fee Rate
Document Number: 2011-16377
Type: Notice
Date: 2011-06-29
Agency: National Indian Gaming Commission, Department of the Interior
Notice is hereby given, pursuant to 25 CFR 514.1(a) (3), that the National Indian Gaming Commission has adopted final annual fee rates of 0.00% for tier 1 and 0.074% (.00074) for tier 2 for calendar year 2011. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation under 25 CFR part 518, the final fee rate on class II revenues for calendar year 2011 shall be one-half of the annual fee rate, which is 0.037% (.00037).
Regulatory Review Schedule
Document Number: 2011-14100
Type: Proposed Rule
Date: 2011-06-08
Agency: Department of the Interior, National Indian Gaming Commission
On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of all its regulations and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultation meetings and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule setting out detailed consultation schedules and review processes. NIGC divided the regulations to be reviewed into five groups, and each group will be reviewed in three phases, the Drafting Phase, the Notice of Proposed Rulemaking phase, and the Notice of Final Rule Phase. The purpose of this document is to add regulatory groups to five scheduled tribal consultations.
Regulatory Review Schedule
Document Number: 2011-11284
Type: Proposed Rule
Date: 2011-05-10
Agency: Department of the Interior, National Indian Gaming Commission
On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of its regulations and requesting public comment on the process for conducting the regulatory review. On April 4, 2011, after holding eight consultation meetings and reviewing all comments, NIGC published a Notice of Regulatory Review Schedule setting out detailed consultation schedules and review processes. NIGC divided the regulations to be reviewed into five groups, and each group will be reviewed in three phases, the Drafting Phase, the Notice of Proposed Rulemaking phase, and the Notice of Final Rule Phase. The purpose of this document is to establish a May 31, 2011, deadline for submittal of written comments on the preliminary draft of the fee regulation and to inform the public that the Commission will provide at least 30 days for written comments on any preliminary drafts circulated by the Commission during the Drafting Phase of the Regulatory Review.
Regulatory Review Schedule; Tribal Consultation
Document Number: 2011-7912
Type: Proposed Rule
Date: 2011-04-04
Agency: Department of the Interior, National Indian Gaming Commission
On November 18, 2010, the National Indian Gaming Commission (NIGC) issued a Notice of Inquiry and Notice of Consultation advising the public that the NIGC was conducting a comprehensive review of all regulations promulgated to implement the Indian Gaming Regulatory Act (IGRA). The review identified in the Notice of Inquiry and Notice of Consultation was also prepared in order to submit the NIGC's Semi- Annual Regulatory Review to the Federal Register in April 2011 as set forth in Executive Order 12866 entitled ``Regulatory Planning and Review'' and the Regulatory Flexibility Act, 5 U.S.C. 601 et. seq. The NIGC held eight consultations during January and February 2011 and invited written comments to be submitted by February 12, 2011. Comments received and transcripts of the consultations are available on the NIGC Web site. The NIGC reviewed all comments received and created this comprehensive regulatory review agenda schedule based on the input received.
Fee Rate
Document Number: 2011-3126
Type: Notice
Date: 2011-02-11
Agency: National Indian Gaming Commission, Department of the Interior
Notice is hereby given, pursuant to 25 CFR 514.1(a)(3), that the National Indian Gaming Commission has adopted preliminary annual fee rates of 0.00% for tier 1 and 0.074% (.00074) for tier 2 for calendar year 2011. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a Tribe has a certificate of self-regulation under 25 CFR part 518, the preliminary fee rate on class II revenues for calendar year 2011 shall be one-half of the annual fee rate, which is 0.037% (.00037).