National Indian Gaming Commission – Federal Register Recent Federal Regulation Documents

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: Compliance and enforcement actions under the Indian Gaming Regulatory Act, as authorized by Office of Management and Budget (OMB) Control Number 3141-0001; approval of tribal ordinances, and background investigation 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 all expire on January 31, 2020.

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 is hereby given that the National Indian Gaming Commission has adopted its annual fee rates of 0.00% for tier 1 and 0.062% (.00062) for tier 2, which remain the same as current 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, the fee rate on Class II revenues shall be 0.031% (.00031) which is one-half of the annual fee rate. The fee rates being adopted here are effective November 1, 2018, and will remain in effect until new rates are adopted. The National Indian Gaming Commission has also adopted its fingerprint processing fees of $18 per card effective November 1, 2018. These fees remain the same as current fingerprint processing fees.

The National Indian Gaming Commission (NIGC) is adopting the Bureau of Indian Affairs (BIA), Department of the Interior, December 2016 Final Environmental Impact Statement (the ``BIA EIS'') for the Wilton Rancheria (Tribe) Fee-to-Trust and Casino Project in Elk Grove, California. The NIGC is adopting the BIA EIS to satisfy the NIGC's National Environmental Policy Act (NEPA) obligations related to the Tribe's request for the NIGC Chairman's approval of a gaming management agreement between the Tribe and BGM Co, Inc. (BGM).

The National Indian Gaming Commission (NIGC) is suspending its minimum internal control standards (MICS) for Class III gaming under the Indian Gaming Regulatory Act. Updated guidance for Class III MICS will now be maintained at www.nigc.gov.

The National Indian Gaming Commission (NIGC) proposes to amend 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.

The National Indian Gaming Commission is amending its fee regulations. The rule amends the regulations that describe when the Commission adopts annual fee rates, defines the fiscal year of the gaming operation that will be used for calculating the fee payments, and includes additional revisions clarifying the fee calculation and submission process for gaming operations.

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.

On November 13, 2017, the National Indian Gaming Commission published a notice of proposed rulemaking (NPR) regarding fees. The NPR invited the public to submit written comments during a 45-day comment period beginning on the NPR publication date. This document corrects the preamble to reflect the intended 30-day comment period.

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 Freedom of Information Act, as amended. These changes will serve to update certain Commission information, conform to changes made in the FOIA Improvements Act of 2016, and streamline how the Commission processes its Freedom of Information Act requests.

The National Indian Gaming Commission (NIGC or ``the Commission'') is amending its protocol for categorical exclusions under the National Environmental Policy Act of 1969 (NEPA), as amended, Executive Order 11514, as amended, and Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA for certain NIGC actions.

Notice is hereby given, pursuant to 25 CFR 514.2, that the National Indian Gaming Commission has adopted its 2017 final annual fee rates of 0.00% for tier 1 and 0.062% (.00062) for tier 2, which remain the same as the 2017 preliminary fee rates. The tier 2 annual fee rate maintains 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 final fee rate on Class II revenues shall be 0.031% (.00031) which is one-half of the annual fee rate. The final fee rates being adopted here are effective June 1, 2017, 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 2017 final fingerprint processing fees of $18 per card effective June 1, 2017. These fees remain the same as the 2017 preliminary fingerprint processing fees.

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.

The National Indian Gaming Commission (NIGC or ``the Commission'') is amending its protocol for categorical exclusions under the National Environmental Policy Act of 1969 (NEPA), as amended, Executive Order 11514, as amended, and Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508) for certain NIGC actions.

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) 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, 2016.

In accordance with Section 102(2)(C) of the National Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq., the NIGC, in cooperation with the Jamul Indian Village has prepared a Final Supplemental Environmental Impact Statement (Final 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 Final 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 accordance with Section 102(2)(C) of the National Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq., the NIGC, in cooperation with the Jamul Indian Village has prepared a Final Supplemental Environmental Impact Statement (Final 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 Final 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.

Notice is hereby given, pursuant to 25 CFR 514.2, that the National Indian Gaming Commission has adopted its 2016 final annual fee rates of 0.00% for tier 1 and 0.062% (.00062) for tier 2, which remain the same as the 2016 preliminary fee rates. The tier 2 annual fee rate represents the lowest fee rate adopted by the Commission in the last five years. 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 2016 final fee rate on Class II revenues shall be 0.031% (.00031) which is one-half of the annual fee rate. The final fee rates being adopted here are effective June 1, 2016, 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 effective June 1, 2016.

Notice is hereby given, pursuant to 25 CFR 514.2, that the National Indian Gaming Commission has adopted its 2016 preliminary annual fee rates of 0.00% for tier 1 and 0.062% (.00062) for tier 2. While the rate for tier 1 remains the same, tier 2 decreases from 0.065% to 0.062%. The tier 2 preliminary annual fee rate represents the lowest fee rate adopted by the Commission in the last five years. 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 2016 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, 2016 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 effective March 1, 2016.

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.