[Federal Register Volume 78, Number 119 (Thursday, June 20, 2013)]
[Rules and Regulations]
[Pages 37114-37115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14669]



National Indian Gaming Commission

25 CFR Part 518

RIN 3141-AA44

Self-Regulation of Class II Gaming

AGENCY: National Indian Gaming Commission, Department of the Interior.

ACTION: Final rule; technical and correcting amendments.


SUMMARY: The National Indian Gaming Commission (NIGC or Commission) is 
revising its rules concerning the issuance of certificates for tribal 
self-regulation of Class II gaming: To correct a section heading in the 
table of contents; to correct a conflict in the deadlines contained in 
one of the sections which, if left uncorrected, would at times require 
the Commission to issue certain preliminary findings on the same day 
that it receives a tribe's response to the Office of Self Regulation's 
recommendation and report; and to correct referencing errors in two of 
its rules.

DATES: The effective date of these regulations is September 1, 2013.

FOR FURTHER INFORMATION CONTACT: John Hay, Senior Attorney, National 
Indian Gaming Commission, 1441 L Street NW., Suite 9100, Washington, DC 
20005. Telephone: 202-632-7003.


I. Background

    The Indian Gaming Regulatory Act (IGRA or the Act), Public Law 100-
497, 25 U.S.C. 2701 et seq., was signed into law on October 17, 1988. 
The Act established the Commission and set out a comprehensive 
framework for the regulation of gaming on Indian lands. While the Act 
requires the Commission to ``monitor class II gaming conducted on 
Indian lands on a continuing basis,'' 25 U.S.C. 2706(b)(1), any Indian 
tribe which operates a Class II gaming facility and meets certain other 
conditions may petition the Commission for a certificate of self-
regulation. 25 U.S.C. 2710(c). The Act authorizes the Commission to 
``promulgate such regulations and guidelines as it deems appropriate to 
implement'' IGRA. 25 U.S.C. 2706(b)(10).

II. Development of the Rule

    On April 4, 2013, the Commission published a final rule amending 
its regulations for the review and approval of petitions seeking the 
issuance of a certificate for tribal self-regulation of Class II 
gaming. 78 FR 20236, April 4, 2013. After publication, the Commission 
discovered that the deadline contained in 25 CFR 518.7(c)(5) for tribes 
to respond to the Office of Self Regulation's recommendation and 
report, and the deadline contained in 25 CFR 518.7(d) for the 
Commission to issue preliminary findings to said recommendation and 
report, could potentially fall on the same day, thus preventing the 
Commission from fully considering the tribal response before it has to 
issue its preliminary findings. Therefore, the Commission is revising 
its regulations to provide that its preliminary findings will be issued 
45 days after receipt of the recommendation and report, so that the 
Commission has sufficient time to review and consider adequately a 
tribe's response to said recommendation and report. This revision is 
consistent with how the Commission envisioned tribes

[[Page 37115]]

obtaining a certificate of self-regulation and ensures that all tribal 
submissions will be fully considered before the Commission issues a 
    Additionally, the Commission has discovered that the final rule 
published on April 4, 2013, contained: An incorrect section heading in 
the part's table of contents; incorrectly referenced a specific section 
in one of its rules; and that the reference to IGRA contained in Sec.  
518.10(a) should read ``25 U.S.C. 2710(b)(2)(C).'' Therefore, the 
Commission is also revising its regulations to correct the table of 
contents, and to correct the referencing errors in Sec.  518.8(b) and 
Sec.  518.10(a).

III. Certain Findings

    Under the Administrative Procedure Act, a notice of proposed 
rulemaking is not required when an agency, for good cause, finds that 
notice and public comments are impracticable, unnecessary, or contrary 
to the public interest. Here, because this rule is not yet in effect 
and will not be so until September 1, 2013, and because the revisions 
herein are technical in nature and intended to correct inadvertent 
errors, the Commission is publishing a technical amendment.

Regulatory Matters

Regulatory Flexibility Act

    This rule will not have a significant economic effect on a 
substantial number of small entities as defined by the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq. Indian tribes are not considered 
to be small entities for purposes of the Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule does not have 
an annual effect on the economy of $100 million or more. This rule will 
not cause a major increase in costs or prices for consumers, individual 
industries, federal, state, or local government agencies or geographic 
regions, and does not have a significant adverse effect on competition, 
employment, investment, productivity, innovation, or the ability of 
U.S.-based enterprises to compete with foreign-based enterprises.

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 this proposed 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 Executive 

National Environmental Policy Act

    The Commission has determined that this 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

    The information collection requirements contained in this rule were 
previously approved by the Office of Management and Budget as required 
by the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., and assigned 
OMB Control Number 3141-0008. The OMB control number expires on October 
31, 2013.

List of Subjects in 25 CFR Part 518

    Gambling, Indian-lands, Indian-tribal government, reporting and 
recordkeeping requirements.

    For the reasons set forth in the Preamble, the Commission is 
amending 25 CFR part 518 as follows:


1. The authority citation for part 518 continues to read as follows:

    Authority:  25 U.S.C. 2706(b)(10); E.O. 13175.

2. Revise the section heading to Sec.  518.14 to read as follows:

Sec.  518.14  May a tribe request a hearing on the Commission's 
proposal to revoke its certificate of self-regulation?

* * * * *

3. Revise Sec.  518.7(d) to read as follows:

Sec.  518.7  What process will the Commission use to review and certify 

* * * * *
    (d) After receiving the Office of Self-Regulation's recommendation 
and report, and a tribe's response to the report, the Commission shall 
issue preliminary findings as to whether the eligibility and approval 
criteria are met. The Commission's preliminary findings will be 
provided to the tribe within 45 days of receipt of the report.
* * * * *

Sec.  518.8  [Amended]

4. In Sec.  518.8(b), remove the reference ``Sec.  518.11'' and add in 
its place ``Sec.  518.9 of this part.''

Sec.  518.10  [Amended]

5. In Sec.  518.10(a), remove the reference ``25 U.S.C. 2710(b)(2)(c)'' 
and add in its place ``25 U.S.C. 2710(b)(2)(C).''

Tracie L. Stevens,
Daniel J. Little,
Associate Commissioner.
[FR Doc. 2013-14669 Filed 6-19-13; 8:45 am]