2020-02353. Notice of Approved Class III Tribal Gaming Ordinance

AGENCY:

National Indian Gaming Commission.

ACTION:

Notice.

SUMMARY:

The purpose of this notice is to inform the public of the approval of Coquille Tribe of Oregon's Class III gaming ordinance by the Chairman of the National Indian Gaming Commission.

DATES:

This notice is effective upon date of publication in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Frances Fragua, Office of General Counsel at the National Indian Gaming Commission, 202-632-7003, or by facsimile at 202-632-7066 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

The Indian Gaming Regulatory Act (IGRA) 25 U.S.C. 2701 et seq., established the National Indian Gaming Commission (Commission). Section 2710 of IGRA authorizes the Chairman of the Commission to approve Class II and Class III tribal gaming ordinances. Section 2710(d)(2)(B) of IGRA, as implemented by NIGC regulations, 25 CFR 522.8, requires the Chairman to publish, in the Federal Register, approved Class III tribal gaming ordinances and the approvals thereof.

IGRA requires all tribal gaming ordinances to contain the same requirements concerning tribes' sole proprietary interest and responsibility for the gaming activity, use of net revenues, annual audits, health and safety, background investigations and licensing of key employees and primary management officials. The Commission, therefore, believes that publication of each ordinance in the Federal Register would be redundant and result in unnecessary cost to the Commission.

Thus, the Commission believes that publishing a notice of approved Class III tribal gaming ordinances in the Federal Register, is sufficient to meet the requirements of 25 U.S.C. 2710(d)(2)(B). Every approved tribal gaming ordinance, every approved ordinance amendment, and the approval thereof, are posted on the Commission's website.

As of January 29, 2020, the Coquille Tribe of Oregon's Class III gaming ordinance became approved by operation of law. Under 25 U.S.C. 2710(e), the NIGC Chair has ninety days from the date of submission to either approve or disapprove a gaming ordinance. Any ordinance not acted upon at the end of the ninety-day period is considered to have been approved by the Chair to the extent it is consistent with the provisions of IGRA. Because no action was taken by the Chair within the ninety-day period, the Tribe's amended ordinance is considered approved to the extent it is consistent with IGRA. It is the opinion of the Office of General Counsel that the Coquille Tribe of Oregon's Class III gaming ordinance is compliant with the requirements of IGRA and NIGC regulations. A copy of the ordinance and approval letter can be found on the NIGC's website (www.nigc.gov) under General Counsel, Gaming Ordinances. A copy of the approved Class III gaming ordinance will also be made available upon request. Requests can be made in writing to the Office of General Counsel, National Indian Gaming Commission, Attn: Frances Fragua, 1849 C Street NW, MS #1621, Washington, DC 20240.

National Indian Gaming Commission.

Dated: January 31, 2020.

Michael Hoenig,

General Counsel.