[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Rules and Regulations]
[Pages 5183-5184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2257]



National Indian Gaming Commission

25 CFR Part 523

RIN 3141-AA45

Review and Approval of Existing Ordinances or Resolutions; Repeal

AGENCY: National Indian Gaming Commission.

ACTION: Final rule.


SUMMARY: The National Indian Gaming Commission is repealing obsolete 
regulations relating to tribal gaming ordinances enacted prior to 1993 
that have not yet been submitted to the NIGC Chair. The repealed 
regulations apply only to gaming ordinances enacted by Tribes prior to 
January 22, 1993, and not yet submitted to the Chairwoman. Based upon 
comments received, the Commission believes that all gaming ordinances 
enacted prior to January 22, 1993, have been submitted to the Chair for 
review. Therefore, this regulation is no longer necessary, and the 
Commission removes it in its entirety.

DATES: This rule is effective on March 5, 2012.

FOR FURTHER INFORMATION CONTACT: Jennifer Ward, Staff Attorney, Office 
of General Counsel, at (202) 632-7003; fax (202) 632-7066.

SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act (IGRA or 
Act), Public Law 100-497, 25 U.S.C. 2701 et seq., authorizes the NIGC 
to promulgate such regulations and

[[Page 5184]]

guidelines as it deems appropriate to implement certain provisions of 
the Act. 25 U.S.C. 2706(b)(10). On November 12, 2010, the Commission 
issued a Notice of Inquiry (NOI) requesting comment on which of its 
regulations were most in need of revision, in what order the Commission 
should review its regulations, and the process NIGC should utilize to 
make revisions. The NOI was published in the Federal Register on 
November 18, 2010. 75 FR 70680. The Commission's regulatory review 
process established a tribal consultation schedule of 33 meetings over 
11 months with a description of the regulation groups to be covered at 
each consultation. On October 12, 2011, the Commission published a 
Notice of Proposed Rulemaking (NPRM) indicating its intent to repeal 
part 523 and requested comment through December 12, 2011. 76 FR 63236.

I. Removal of Part 523--Review and Approval of Existing Ordinances or 

    Part 523 applies only to gaming ordinances or resolutions enacted 
by Tribes prior to January 22, 1993, and not yet submitted to the 
Chairwoman. All comments received in response to the NOI, during tribal 
consultation meetings, or in response to the NPRM indicated that any 
ordinances or resolutions enacted prior to January 22, 1993 already 
have been submitted to the Chair for review. Accordingly, comments 
support the repeal of this part. A review of the Commission documents 
also did not find any ordinances or resolutions meeting the criteria of 
this part that require review. Because this regulation appears to be no 
longer necessary, the Commission removes this part.

II. Specific Comments

    Four tribes responded to the NPRM. Of these four, none had 
effective ordinances that were enacted prior to 1993. Two tribes were 
supportive of the rule, one had no objection, and the fourth declined 
comment other than to say the repeal would not affect it..

III. Regulatory Matters

Regulatory Flexibility Act

    The proposed rule will not have a significant impact on a 
substantial number of small entities as defined under the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq. Moreover, Indian Tribes are not 
considered to be small entities for the purposes of the Regulatory 
Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

    The final rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. The rule does not have an 
effect on the economy of $100 million or more. The rule will not cause 
a major increase in costs or prices for consumers, individual 
industries, Federal, State, local government agencies or geographic 
regions, nor will the proposed rule have a significant adverse effect 
on competition, employment, investment, productivity, innovation, or 
the ability of the enterprises, to compete with foreign based 

Unfunded Mandate Reform Act

    The Commission, as an independent regulatory agency, is exempt from 
compliance with the Unfunded Mandates Reform Act, 2 U.S.C. 1502(1); 2 
U.S.C. 658(1).


    In accordance with Executive Order 12630, the Commission has 
determined that the final rule does not have significant takings 
implications. A takings implication assessment is not required.

Civil Justice Reform

    In accordance with Executive Order 12988, the Commission has 
determined that the rule does not unduly burden the judicial system and 
meets the requirements of sections 3(a) and 3(b)(2) of the Order.

National Environmental Policy Act

    The Commission has determined that the rule does not constitute a 
major federal action significantly affecting the quality of the human 
environment and that no detailed statement is required pursuant to the 
National Environmental Policy Act of 1969, 42 U.S.C. 4321, et seq.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
This rule merely repeals a previous rule, and does not establish, or 
modify any information reporting or recordkeeping requirements, and 
therefore is not subject to the requirements of the Paperwork Reduction 

Text of the Final Rule

    For the reasons stated in the preamble, and under the authority 25 
U.S.C. 2701, the National Indian Gaming Commission removes and reserves 
25 CFR part 523.


    Authority:  25 U.S.C. 2701, 2706(b)(10).

    Dated: January 27, 2012, in Washington, DC.
Tracie L. Stevens,
Steffani A. Cochran,
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2012-2257 Filed 2-1-12; 8:45 am]