National Indian Gaming Commission – Federal Register Recent Federal Regulation Documents

The purpose of this notice is to inform the public of Class III tribal gaming ordinances approved by the Chairman of the National Indian Gaming Commission.

The National Indian Gaming Commission (NIGC) amends its minimum internal control standards for Class II gaming under the Indian Gaming Regulatory Act to correct an erroneous deletion of the key control standards and to make other minor edits and additions for clarity.

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: (i) Indian gaming management contract-related submissions, as authorized by OMB Control Number 3141- 0004 (expires on November 30, 2018); (ii) Indian gaming fee payments- related submissions, as authorized by OMB Control Number 3141-0007 (expires on November 30, 2018); (iii) minimum internal control standards for class II gaming submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0009 (expires on November 30, 2018); (iv) facility license-related submission and recordkeeping requirements, as authorized by OMB Control Number 3141- 0012 (expires on November 30, 2018); and (v) minimum technical standards for class II gaming systems and equipment submission and recordkeeping requirements, as authorized by OMB Control Number 3141- 0014 (expires on November 30, 2018).

The National Indian Gaming Commission (NIGC or Commission) offers the general public and other federal agencies the opportunity to comment on a new proposed generic information collection, i.e., voluntary stakeholders surveys to be conducted by the NIGC. As required by the Paperwork Reduction Act of 1995 as amended by the Clinger-Cohen Act, the NIGC is soliciting comments for this proposed collection.

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 for the following activities: Indian gaming management contract-related submissions, as authorized by Office of Management and Budget (OMB) Control Number 3141-0004 (expires on November 30, 2018); Indian gaming fee payments- related submissions, as authorized by OMB Control Number 3141-0007 (expires on November 30, 2018); minimum internal control standards for class II gaming submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0009 (expires on November 30, 2018); facility license-related submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0012 (expires on November 30, 2018); and minimum technical standards for class II gaming systems and equipment submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0014 (expires on November 30, 2018).

This rule amends the procedures followed by the National Indian Gaming Commission when processing a request under the Freedom of Information Act, as amended. These amendments update certain Commission information, conform to changes made in the Freedom of Information Act Improvements Act of 2016, and streamline how the Commission processes its Freedom of Information Act requests.

On December 27, 2017, the National Indian Gaming Commission published a rule amending its minimum technical standards for Class II gaming systems and equipment. This document corrects the preamble regarding the OMB Control Number and OMB Control Number expiration date.

The National Indian Gaming Commission is amending its minimum technical standards for Class II gaming systems and equipment. The rule amends the regulations that describe how tribal governments, tribal gaming regulatory authorities, and tribal gaming operations comply with the minimum technical standards.

The National Indian Gaming Commission proposes to amend its fee regulations. The proposed rule would require the Commission to adopt annual fee rates no later than November 1 of each year. In addition, the proposed rule defines the fiscal year of the gaming operation that will be used for calculating the fee payments. Finally, the proposed rule includes additional revisions intended to clarify the fee calculation and submission process for gaming operations.

The National Indian Gaming Commission proposes to amend the minimum technical standards for Class II gaming systems and equipment. The proposed rule would amend regulations that describe how tribal governments, tribal gaming regulatory authorities, and tribal gaming operations comply with the technical standards. In particular, the proposed rule amends the requirement that gaming systems manufactured before November 10, 2008, be modified to meet standards applicable to gaming systems manufactured on or after November 10, 2008, or be removed from the gaming floor by November 10, 2018. The Commission proposes this action to assist tribal governments, tribal gaming regulatory authorities, and operations in ensuring the integrity and security of Class II games and gaming revenue through minimum technical standards for Class II gaming systems and equipment.

On January 24, 2017, the National Indian Gaming Commission (NIGC) revised its Privacy Act regulations. That document included incorrect information regarding the NIGC's address and contained conflicting timelines for resolving appeals. This document corrects the final regulations.

Notice is hereby given that the National Indian Gaming Commission has adopted its 2017 preliminary annual fee rates of 0.00% for tier 1 and 0.062% (.00062) for tier 2, which remain the same as the 2016 final fee rates. The tier 2 annual fee rate represents the lowest fee rate adopted by the Commission since 2010. 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 2017 preliminary fee rate on Class II revenues shall be 0.031% (.00031) which is one-half of the annual fee rate. The preliminary fee rates being adopted here are effective March 1, 2017, and will remain in effect until new rates are adopted. The National Indian Gaming Commission has also adopted its 2017 preliminary fingerprint processing fees of $18 per card. The new fees represent a $3 decrease from the current fingerprint processing fees of $21 per card which has been in effect since 3/1/2015. The decrease is attributable to the lower fingerprint processing fee charged by the Federal Bureau of Investigation as a result of the fee study conducted by the Department of Justice. This new fingerprint processing fees of $18 per card will be retroactively effective 10/1/2016. A credit of $3 per card will be issued to all gaming operations which submitted fingerprint cards to the NIGC between 10/1/2016 and 2/28/2017.

The National Indian Gaming Commission (NIGC or the Commission) is establishing this rule in Chapter III of title 25 of the Code of Federal Regulations. This rule describes the procedures and policies adopted by the Commission pursuant to the Privacy Act of 1974. Under the Act, a Federal agency must publish notice, in the Federal Register, of any systems of records that it intends to create as well as procedures regarding the collection, maintenance, use, and dissemination of the records within those systems. The Commission previously published notice of the creation of two systems of records, namely the Indian Gaming Individuals Record System and the Management Contract Individuals Record System. The regulations set forth here update the Commission's previously published procedures and serve to streamline how the Commission processes its Privacy Act requests.

The National Indian Gaming Commission (NIGC) amends various regulations previously issued. The NIGC moved its headquarters and needs to update the address. The agency also revises two headings by shortening them.

The purpose of this document is to propose amendments to the procedures followed by the National Indian Gaming Commission (Commission) when processing a request under the Privacy Act of 1974. The proposed amendments make the following changes to the current regulations. These changes will serve to update certain Commission information, streamline how the Commission processes its Privacy Act requests, and aligns those processes with its procedures for processing Freedom of Information Act requests.

In compliance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget (OMB) guidance, this rule adjusts the level of the civil monetary penalty, contained in the National Indian Gaming Commission's (NIGC or Commission) regulation, with an initial ``catch-up'' adjustment.

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 for the following activities: (i) Compliance and enforcement actions under the Indian Gaming Regulatory Act as authorized by Office of Management and Budget (OMB) Control Number 3141-0001; (ii) approval of tribal ordinances, and background investigation and issuance of licenses as authorized by OMB Control Number 3141-0003; (iii) National Environmental Policy Act submissions as authorized by OMB Control Number 3141-0006; and (iv) issuance to tribes of certificates of self-regulation for Class II gaming as authorized by OMB Control Number 3141-0008. These information collections all expire on October 31, 2016.

In accordance with Section 102(2)(C) of the National Environmental Policy Act (NEPA), the NIGC, in cooperation with the Jamul Indian Village has prepared a Draft Supplemental Environmental Impact Statement (Draft SEIS) for the proposed Gaming Management Agreement (GMA) between the Jamul Indian Village (JIV) and San Diego Gaming Ventures (SDGV). If approved, the GMA would allow SDGV to assume responsibility for operation and management of the JIV Gaming Facility located in San Diego County, California. The Draft SEIS addresses the effects of GMA approval and the No Action Alternative, which assumes no GMA, is approved. The SEIS also updates the environmental baseline given the time that has passed and the changes that have been made to the scope of the Proposed Action, which was originally addressed in the 2003 Final EIS.

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 for the following activities: (i) Indian gaming management contract-related submissions, as authorized by Office of Management and Budget (OMB) Control Number 3141-0004 (expires on October 31, 2015); (ii) Indian gaming fee payments-related submissions, as authorized by OMB Control Number 3141- 0007 (expires on November 30, 2015); (iii) minimum internal control standards for class II gaming submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0009 (expires on October 31, 2015); (iv) facility license-related submission and recordkeeping requirements, as authorized by OMB Control Number 3141- 0012 (expires on October 31, 2015); and (v) minimum technical standards for class II gaming systems and equipment submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0014 (expires on November 30, 2015). In addition, the Commission will be requesting an OMB control number for a new information collection, i.e., voluntary stakeholder surveys to be conducted by the NIGC. The Commission is seeking generic clearance to be able to gather tribal stakeholder feedback on services, trainings, and/or technical assistance that it provides to gaming tribes; with the feedback to be used in planning for service/training/ technical assistance modification and prioritization. The gathering of this information is in keeping with the purposes of the Indian Gaming Regulatory Act, which include: Providing a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments; ensuring that the Indian tribe is the primary beneficiary of the gaming operation; and declaring that the establishment of independent federal regulatory authority for gaming on Indian lands, the establishment of federal standards for gaming on Indian lands, and the establishment of the Commission are necessary to meet congressional concerns regarding gaming and to protect such gaming as a means of generating tribal revenue. 25 U.S.C. 2702.

Notice is hereby given, pursuant to 25 CFR 514.2, that the National Indian Gaming Commission has adopted its 2015 final annual fee rates of 0.00% for tier 1 and 0.065% (.00065) for tier 2. 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 2015 final fee rate on Class II revenues shall be 0.0325% (.000325) which is one-half of the annual fee rate. The final fee rates being adopted here are effective June 1, 2015 and will remain in effect until new rates are adopted. Pursuant to 25 CFR 514.16, the National Indian Gaming Commission has also adopted its fingerprint processing fees of $21 per card, which is the same as the fingerprint fees announced in March 2015.

Notice is hereby given, pursuant to 25 CFR 514.2, that the National Indian Gaming Commission has adopted its 2014 final annual fee rates of 0.00% for tier 1 and 0.070% (.00070) for tier 2. 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 2014 final fee rate on Class II revenues shall be one-half of the annual fee rate, which is 0.035% (.00035). The final fee rates being adopted here are effective June 1st, 2014 and will remain in effect until new rates are adopted. Pursuant to 25 CFR 514.16, the National Indian Gaming Commission has also adopted its fingerprint processing fees of $22 per card, which is the same as the fingerprint fees announced in March 2014.

The purpose of this document is to publish the schedule for government-to-government consultation on the National Environmental Policy Act (NEPA), and the NIGC's efforts to remain current with gaming technology.

Concurrently with the publication of this second notice of request for comments, the National Indian Gaming Commission (NIGC or Commission) intends to submit the following information collections to the Office of Management and Budget (OMB) for review and approval of 3- year extensions under the Paperwork Reduction Act of 1995. The Commission is seeking comments on the renewal of information collections for the following activities: (i) Compliance and enforcement actions under the Indian Gaming Regulatory Act as authorized by OMB Control Number 3141-0001; (ii) tribal gaming ordinance approvals, background investigations, and issuance of licenses as authorized by OMB Control Number 3141-0003; (iii) National Environmental Policy Act submissions as authorized by OMB Control Number 3141-0006; and (iv) issuance to tribes of certificates of self- regulation for Class II gaming as authorized by OMB Control Number 3141-0008. These information collections all expire on October 31, 2013.

The National Indian Gaming Commission (NIGC) is seeking comment on a proposed reinterpretation of an agency decision regarding the classification of server based electronic bingo system games that can be played utilizing only one touch of a button (``one touch bingo''). The proposed reinterpretation is in response to questions the NIGC received from the regulated community and the public about whether one touch bingo is a Class II or Class III game.

Notice is hereby given, pursuant to 25 CFR 514.2, that the National Indian Gaming Commission has adopted its 2013 final annual fee rates of 0.00% for tier 1 and 0.072% (.00072) for tier 2. 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 2013 final fee rate on Class II revenues shall be one-half of the annual fee rate, which is 0.036% (.00036). Pursuant to 25 CFR 514.16, the National Indian Gaming Commission has also adopted its new fingerprint processing fees of $22 per card effective June 1st, 2013.