[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64372-64373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X09-291207]
[[Page 64372]]
NATIONAL INDIAN GAMING COMMISSION (NIGC)
Statement of Regulatory Priorities
The Indian Gaming Regulatory Act (IGRA or the Act), 25 U.S.C. 2701 et
seq., was signed into law on October 17, 1988. The Act established the
National Indian Gaming Commission (NIGC). The stated purpose of the
NIGC is to regulate the operation of gaming by Indian tribes as a means
of promoting tribal economic development, self-sufficiency, and strong
tribal governments. It is the NIGC's intention to provide regulation of
Indian gaming to adequately shield it from organized crime and other
corrupting influences, to ensure that each Indian tribe is the primary
beneficiary of its gaming operation(s), and to assure that gaming is
conducted fairly and honestly by both the operator and players.
The regulatory priorities for the next fiscal year reflect the NIGC's
commitment to uphold the principles of IGRA. As the Indian gaming
industry continues to grow and evolve, the NIGC must be continually
attentive to reviewing and revising its existing regulations to ensure
that they do not become outdated and lose their usefulness. To that
end, the NIGC is currently revising its existing regulations concerning
background investigations and licenses to ensure the continued
integrity of the Indian gaming industry, and that background
investigations for key employees and primary management officials are
performed as thoroughly and efficiently as possible, and are updated on
a regular, ongoing basis. In addition, the NIGC is currently revising
its existing regulations on minimum internal control standards to
ensure that they remain up to date, and continue to adequately protect
against the risks inherent in gambling, especially as gaming technology
continues to evolve.
As new developments and trends of concern to effective gaming
regulation are most often first perceived and addressed on the gaming
floors and in the backs of the gaming houses themselves, it is often
that the all-day, everyday tribal gaming regulators present at the
tribal gaming facilities are the first to identify weaknesses in the
gaming regulatory structure. To detect these concerns as early as
possible, the NIGC has been innovative in using active outreach efforts
to inform its policy development and its rulemaking efforts. For
example, the NIGC has had great success in using regional meetings,
both formal and informal, with tribal governments to gather views on
current and proposed NIGC initiatives. The NIGC anticipates that these
ongoing consultations with regulated tribes will continue to play an
important role in the development of the NIGC's rulemaking efforts.
_______________________________________________________________________
NIGC
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PROPOSED RULE STAGE
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176. TRIBAL BACKGROUND INVESTIGATION SUBMISSION REQUIREMENTS AND TIMING
Priority:
Other Significant
Legal Authority:
25 USC 2706(b)(3); 25 USC 2706(b)(10); 25 USC 2710(b)(2)(F)(ii); 25 USC
2710(c)(1)-(2); 25 USC 2710(d)(A)
CFR Citation:
25 CFR 556; 25 CFR 558
Legal Deadline:
None
Abstract:
It is necessary for the National Indian Gaming Commission (NIGC) to:
modify certain regulations concerning background investigations and
licensing to streamline the process for submitting information; ensure
that the process complies with the Indian Gaming Regulatory Act (IGRA);
and distinguish the requirements for temporary and permanent licenses.
Statement of Need:
Modifications to specific background investigation and licensing
regulations are needed to ensure compliance with the Indian Gaming
Regulatory Act (IGRA), which mandates that certain notifications be
submitted to the Commission. Modifications are also needed to reduce
the quantity of documents submitted to the Commission under these
regulations and to distinguish the requirements for temporary and
permanent licenses.
Summary of Legal Basis:
It is the goal of NIGC to provide regulation of Indian gaming to shield
it from organized crime and other corrupting influences as well as to
assure that gaming is conducted fairly and honestly. (25 U.S.C. 2702).
The Commission is charged with the responsibility of monitoring gaming
conducted on Indian lands. (25 U.S.C. 2706(b)(1)). IGRA expressly
authorizes the Commission to ``promulgate such regulations and
guidelines as it deems appropriate to implement the provisions of the
(Act).'' (25 U.S.C. 2706(b)(10)). Sections 2710(b)(2)(F) and 2710(d)(A)
require Tribes to have an adequate system for background investigations
of primary management officials and key employees and inform the
Commission of the results of those investigations. Under section
2710(c), the Commission may also object to licenses or require a tribe
to suspend a license. The Commission relies on these sections of the
statute to authorize the modification of the background and licensing
regulations to ensure compliance with IGRA, reduce the quantity of
documents submitted to the Commission, and distinguish the requirements
for temporary and permanent licenses.
Alternatives:
If the Commission does not modify these regulations to reduce the
quantity of documents submitted under them, tribes will continue to be
required to submit these documents to the Commission. Further, to
ensure compliance with IGRA, the modifications mandating notifications
to the Commission regarding the results of background checks and the
issuance of temporary and permanent gaming licenses must be made.
Anticipated Cost and Benefits:
These modifications to the background investigation and licensing
regulations will reduce the cost of regulation to the Federal
Government by reducing the amount of documents received from tribes
that must be processed and retained. Further, these modifications will
reduce the quantity of documents that tribes are required to submit to
the NIGC, which will result in a cost savings to the tribes. There are
minimal anticipated cost increases to tribal governments due to
additional notifications to the NIGC.
Risks:
There are no known risks to this regulatory action.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
NPRM 06/00/10
Regulatory Flexibility Analysis Required:
No
[[Page 64373]]
Government Levels Affected:
Tribal
Agency Contact:
Heather M Nakai
Staff Attorney
National Indian Gaming Commission
1441 L Street NW
Suite 9100
Washington, DC 20005
Phone: 202 632-7003
Fax: 202 632 7066
RIN: 3141-AA15
_______________________________________________________________________
NIGC
177. CLASS II AND CLASS III MINIMUM INTERNAL CONTROL STANDARDS
Priority:
Other Significant
Legal Authority:
25 USC 2706(b)(10); 25 USC 2706(b)(1)-(4); 25 USC 2710(d)(3)(C)(vi); 25
USC 2710(d)(7)(B)(vii)
CFR Citation:
25 CFR 542; 25 CFR 543
Legal Deadline:
None
Abstract:
The National Indian Gaming Commission is revising the existing minimum
internal control standards (MICS) to reflect the changing technologies
in the industry. The Commission will routinely revise the MICS in
response to these changes. It is also continuing with its plan to
clarify the regulatory structure by segregating Class II MICS from
Class III.
Statement of Need:
The rapid evolution of gaming technology and regulatory structures in
Indian gaming brings new risks and requires a distinction between the
control standards for Class II and Class III gaming. Periodic review
and revision of existing standards are necessary to ensure that they
remain relevant and continue to adequately protect tribal gaming assets
and the interests of stakeholders and the gaming public.
Summary of Legal Basis:
It is the goal of NIGC to provide regulation of Indian gaming to shield
it from organized crime and other corrupting influences as well as
assuring that gaming is conducted fairly and honestly. (25 U.S.C.
2702). The Commission is charged with the responsibility of monitoring
gaming conducted on Indian lands. (25 U.S.C. 2706(b)(1)). This
responsibility includes inspecting and examining the premises located
on Indian lands on which Class II gaming is conducted; and auditing all
papers, books, and records respecting gross revenues of Class II gaming
conducted on Indian lands and any other matters necessary to carry out
the duties of the Commission under this chapter. (25 U.S.C.
2706(b)(2),(4)). With regard to Class III gaming, section
2710(d)(3)(C)(vi) allows Tribal-State compacts to include negotiated
provisions governing the standards for operation of gaming activity,
and where states and tribes cannot reach agreement, section
2710(d)(7)(B)(vii) allows the Secretary of the Interior to establish
procedures in place of a compact whereby a particular tribe may conduct
Class III gaming. In each of the procedures approved to date, the
Secretary has delegated the responsibility for gaming standards and
oversight to the NIGC. The Commission relies on these sections of the
statute to authorize the promulgation of MICS to ensure integrity in
tribal gaming.
Alternatives:
If the Commission does not periodically update the MICS, the
regulations that govern tribal gaming will not address changing
technology and gaming methods.
Anticipated Cost and Benefits:
Updated MICS will aid tribal governments in the regulation of their
gaming activities.
Risks:
There are no known risks to this regulatory action.
Timetable:
_______________________________________________________________________
Action Date FR Cite
_______________________________________________________________________
First NPRM 12/01/04 69 FR 69847
Second NPRM 03/10/05 70 FR 11893
Final Action on First
Rule 05/04/05 70 FR 23011
Final Action on Second
Rule 08/12/05 70 FR 47097
Third NPRM 11/15/05 70 FR 69293
Final Action on Third
Rule (1) 05/11/06 71 FR 27385
Fourth NPRM 12/00/09
Regulatory Flexibility Analysis Required:
No
Government Levels Affected:
Tribal
Agency Contact:
Jennifer Ward
Staff Attorney
National Indian Gaming Commission
1441 L Street NW.
Suite 9100
Washington, DC 20005
Phone: 202 632-7003
Fax: 202 632-7066
RIN: 3141-AA27
BILLING CODE 7565-01-S
