National Indian Gaming Commission 2023 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities; New Collection: Information Management Standard Assessment Questionnaires
In accordance with the Paperwork Reduction Act of 1995 (PRA), the National Indian Gaming Commission (NIGC or Commission) is providing notice to, and seeking comments from, the general public and other Federal agencies about a new information collection, to be administered by its CJIS (Criminal Justice Information Services) Audit Unit (CAU).
Fee Rate and Fingerprint Fees
Notice is hereby given that the National Indian Gaming Commission has adopted its annual fee rates of 0.00% for tier 1 and 0.08% (.0008) for tier 2, which maintain the current fee rates. 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, the fee rate on Class II revenues shall be 0.04% (.0004) which is one-half of the annual fee rate. The annual fee rates are effective November 1, 2023, and will remain in effect until new rates are adopted. The National Indian Gaming Commission has also adopted its fingerprint processing fee of $53 per card which represents an increase of $8 per card. The fingerprint processing fee is effective November 1, 2023, and will remain in effect until the Commission adopts a new rate.
Notice of Approved Class III Tribal Gaming Ordinance
The purpose of this notice is to inform the public of the approval of the Confederated Tribes of Siletz Indians of Oregon Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.
Definitions; Background Investigation for Primary Management Officials and Key Employees; Gaming Licenses for Primary Management Officials and Key Employees
In April 2023, the Commission issued a revised proposed rule refining proposed changes to the ``primary management official'' and ``key employee'' definitions as well as the newly proposed definitions for ``Gaming Enterprise'' and ``Tribal Gaming Regulatory Authority'' (TGRA). The revised proposal, like the 2022 original, also proposed: modernizing retention requirements for background investigations and licensing applications; vesting revocation hearing rights upon license issuance as well as in accordance with tribal law, regulation, or policy; and augmenting revocation decision notification and submission requirements. After closely considering comments received, this final rule permits tribes to designate other gaming enterprise employees as key employees and other employed gaming enterprise management officials as primary management officials, including TGRA personnel. These optional designations occur by any documentary means. Further, the key employee definition no longer sets forth a wage threshold but includes in the definition a gaming operation's four most highly compensated persons. And the terms ``independent'' and ``governmental'' have been struck from the TGRA definition, aligning it with a corresponding definition in NIGC regulations, part 547. Lastly, license revocation decisions only require notifying the Commission of the revocation along with a copy of the revocation decision.
Annual Adjustment of Civil Monetary Penalty To Reflect Inflation
In compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the Act) and Office of Management and Budget (OMB) guidance, the National Indian Gaming Commission (NIGC or Commission) is amending its civil monetary penalty rule to reflect an annual adjustment for inflation in order to improve the penalty's effectiveness and maintain its deterrent effect. The Act provides that the new penalty level must apply to penalties assessed after the effective date of the increase, including when the penalties whose associated violation predate the increase.
Notice of Approved Class III Tribal Gaming Ordinance
The purpose of this notice is to inform the public of the approval of Leech Lake Band of Ojibwe (Band) Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.
Notice of Approved Class III Tribal Gaming Ordinance
The purpose of this notice is to inform the public of the approval of Table Mountain Rancheria (Rancheria) Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.
Submission of Information Collections Under the Paperwork Reduction Act
In compliance with the Paperwork Reduction Act of 1995, the National Indian Gaming Commission (NIGC or Commission) is announcing its submission, concurrently with the publication of this notice or soon thereafter, of the following information collection requests to the Office of Management and Budget (OMB) for review and approval. The Commission is seeking comments on the renewal of information collections for the following activities: compliance and enforcement actions under the Indian Gaming Regulatory Act as authorized by OMB Control Number 3141-0001; tribal gaming ordinance approvals, background investigations, and issuance of licenses as authorized by OMB Control Number 3141-0003; National Environmental Policy Act submissions as authorized by OMB Control Number 3141-0006; and issuance to tribes of certificates of self-regulation for class II gaming as authorized by OMB Control Number 3141-0008. These information collections expire on June 30, 2023, with the exception of OMB Control Number 3141-000, which expires on May 31, 2023.
Notice of Approved Class III Tribal Gaming Ordinance
The purpose of this notice is to inform the public of the approval of Estom Yumeka Maidu Tribe of the Enterprise Rancheria Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.
Notice of Approved Class III Tribal Gaming Ordinance
The purpose of this notice is to inform the public of the approval of Santa Rosa Band of Cahuilla Indians (Tribe) Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.
Definitions; Background Investigation for Primary Management Officials and Key Employees; Gaming Licenses for Primary Management Officials and Key Employees
In 2022, the Commission issued a proposed rule seeking to amend the ``primary management official'' and ``key employee'' definitions; add definitions for ``Gaming Enterprise'' and ``Tribal Gaming Regulatory Authority'' (TGRA); and establish modern retention requirements for background investigations and licensing applications. The rule proposed vesting revocation hearing rights upon license issuance as well as in accord with tribal law, regulation or policy along with augmenting revocation decision notification and submission requirements. This revised proposed rule results from comments received. It permits tribes to designate and document other gaming enterprise employees as key employees and other employed gaming enterprise management officials as primary management officials, including TGRA personnel. Now such designations may occur by any documentary means. Updates to the key employee definition include custodians of gaming supplies and gaming operation employees authorized by the gaming operation for unescorted access to secure gaming areas, not vendors or other outside parties. The primary management official definition, however, now is narrower with the removal of individuals who have authority to supervise key employees of the gaming operation.
Notice of Approved Class III Tribal Gaming Ordinance
The purpose of this notice is to inform the public of the approval of Ione Band of Miwok Indians of California Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.
Renewals of Information Collections Under the Paperwork Reduction Act
In compliance with the Paperwork Reduction Act of 1995, the National Indian Gaming Commission (NIGC or Commission) is seeking comments on the renewal of information collections. See SUPPLEMENTARY INFORMATION for the list of activities. These information collections expire on June 30, 2023 except for OMB Control Number 3141-0003, which expires on May 31, 2023.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, as amended, the NIGC is issuing public notice of its intent to modify an existing system of records entitled, Indian Gaming Individuals Record System. This system of records includes information submitted to the NIGC so that it may review and verify eligibility determinations of key employees and primary management officials for tribal licenses in Indian gaming enterprises.
Privacy Act of 1974; System of Records
In accordance with the Privacy Act of 1974, as amended, the NIGC is issuing public notice of its intent to modify an existing system of records entitled, Management Contract Individuals Record System. This system of records is used to maintain information that is collected in the course of conducting background investigations on individuals who are contracted to manage Tribal gaming operations and enterprises.
Privacy Act of 1974; Notice of New System of Records
In accordance with the Privacy Act of 1974, the National Indian Gaming Commission (NIGC) is issuing notice of its intent to establish a new system of records entitled, ``Payroll, Attendance, Retirement, and Leave RecordsNIGC-3.'' This system of records will allow the NIGC to manage human resources and payroll functions and will be included in the NIGC's inventory of record systems.
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