[Federal Register Volume 64, Number 135 (Thursday, July 15, 1999)]
[Proposed Rules]
[Pages 38164-38165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17903]
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NATIONAL INDIAN GAMING COMMISSION
25 CFR Part 516
RIN 3141-AA20
Administrative Practice and Procedure; Testimony; Information;
Response to Subpoena
AGENCY: National Indian Gaming Commission.
ACTION: Proposed rule.
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SUMMARY: The National Indian Gaming Commission proposes to issue
regulations describing the duties of its personnel with respect to
litigation involving the National Indian Gaming Commission or the
official responsibilities of National Indian Gaming Commission
employees.
DATES: Comments may be submitted on or before August 16, 1999.
ADDRESSES: Comments may be mailed to: Testimony Regulation Comments,
National Indian Gaming Commission, 1441 L Street, NW., Suite 9100,
Washington, DC 20005, delivered to that address between 8:30 a.m. and
5:30 p.m., Monday through Friday, or faxed to 202/632-7066 (this is not
a toll-free number). Comments received may be inspected between 9:00
a.m. and noon, and between 2:00 p.m. and 5:00 p.m., Monday through
Friday.
FOR FURTHER INFORMATION CONTACT: Richard Schiff at 202/632-7003; fax
202/632-7066 (these are not toll-free numbers).
SUPPLEMENTARY INFORMATION: Because the National Indian Gaming
Commission is regularly associated with a variety of matters which have
the potential for resulting in litigation, the National Indian Gaming
Commission has a requirement for regulations describing the duties of
its personnel with respect to such litigation. This proposed rule
promulgates for the National Indian Gaming Commission the regulations
contemplated by the United States Supreme Court in United States Ex.
Rel. Touhy v. Ragen, 340 U.S. 462 (1951).
Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq. Because this rule is procedural in nature,
and affects principally the actions of personnel of the National Indian
Gaming Commission, it will not impose substantive requirements that
could be deemed impacts within the scope of the Act.
Paperwork Reduction Act
Although the proposed regulation mandates that litigants seeking
the testimony of National Indian Gaming Commission personnel submit a
written request, the requirement is simply a formal embodiment of
existing practice and in some cases a substitute for a subpoena or
other process. In any event it is at most a de minimus requirement.
National Environmental Policy Act
The National Indian Gaming Commission has determined that this
proposed 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.
List of Subjects in 25 CFR Part 516
Administrative practice and procedure, Gambling, Indians--lands,
Reporting and recordkeeping requirements.
For the reasons stated in the preamble, the National Indian Gaming
Commission proposes to amend 25 CFR Chapter III by adding a new Part
516 as follows:
PART 516--TESTIMONY OF COMMISSIONERS AND EMPLOYEES AND FORMER
COMMISSIONERS AND FORMER EMPLOYEES RESPECTING OFFICIAL DUTIES;
RESPONSE TO SUBPOENA
Sec.
516.1 What is the purpose of this part and to whom does it apply?
516.2 When may a person to whom this part applies give testimony,
make a statement or submit to interview?
516.3 When may a person to whom this part applies produce records?
516.4 How are records certified or authenticated?
Authority: 25 U.S.C. 2706; 25 U.S.C. 2716(a); 18 U.S.C. 1905.
Sec. 516.1 What is the purpose of this part and to whom does it apply?
(a) The purpose of this part is to promulgate regulations regarding
the release of official National Indian Gaming Commission information
and provision of testimony by National Indian Gaming Commission
personnel with respect to litigation or potential litigation and to
prescribe conduct on the part of National Indian Gaming Commission
personnel in response to a litigation-related request or demand.
(b) This part applies to litigation-related requests or demands
(including subpoena, order or other demand) for interview, testimony
(including by deposition) or other statement, or for production of
documents relating to the business of the National Indian Gaming
Commission, whether or not the National Indian Gaming Commission or the
United States is a party to the litigation. It does not, however, apply
to document requests covered by 25 CFR parts 515 and 517.
(c) To the extent the request or demand seeks official information
or documents, the provisions of this part are applicable to
Commissioners, employees, and former Commissioners and former
employees, of the National Indian Gaming Commission.
Sec. 516.2 When may a person to whom this part applies give testimony,
make a statement or submit to interview?
(a) No person to whom this part applies, except as authorized by
the Chairman or the General Counsel pursuant to this part, shall
provide testimony, make a statement or submit to interview.
(b) Whenever a subpoena commanding the giving of any testimony has
been lawfully served upon a person to whom this part applies, such
individual shall, unless otherwise authorized by the Chairman or the
General Counsel, appear in response thereto and respectfully decline to
testify on the grounds that it is prohibited by this part.
(c) A person who desires testimony or other statement from any
person to whom this part applies may make written request therefor,
verified by oath, directed to the Chairman setting forth his or her
interest in the matter to be disclosed and designating the use to which
such statement or testimony will be put in the event of compliance with
such request: Provided, that a written request therefor by an official
of any federal, state or tribal entity, acting in his or her official
capacity need not be verified by oath. If it is determined by the
Chairman or the General Counsel that such statement or testimony will
be
[[Page 38165]]
in the public interest, the request may be granted. Where a request for
a statement or testimony is granted, one or more persons to whom this
part applies may be authorized or designated to appear and testify or
give a statement with respect thereto.
Sec. 516.3 When may a person to whom this part applies produce
records?
(a) Any request for records of the National Indian Gaming
Commission shall be handled pursuant to the procedures established in
25 CFR parts 515 and 517 and shall comply with the rules governing
public disclosure as provided in 25 CFR parts 515 and 517.
(b) Whenever a subpoena duces tecum commanding the production of
any record, has been lawfully served upon a person to whom this part
applies, such person shall forward the subpoena to the General Counsel.
If commanded to appear in response to any such subpoena, a person to
whom this part applies shall respectfully decline to produce the record
on the ground that production is prohibited by this part and state that
the production of the record(s) of the National Indian Gaming
Commission is a matter to be determined by the General Counsel.
Sec. 516.4 How are records certified or authenticated?
(a) Upon request, the person having custody and responsibility for
maintenance of records which are to be released under this part or 25
CFR parts 515 or 517 may certify the authenticity of copies of records
that are requested to be provided in such format.
(b) A request for certified copies of records or for authentication
of copies of records shall be sent to the National Indian Gaming
Commission, Attention: Freedom of Information Act Officer.
This proposed rule was prepared under the direction of Barry W.
Brandon, General Counsel, National Indian Gaming Commission, 1441 L
St. NW., Suite 9100, Washington, DC 20005.
Signed at Washington, DC, this 1st day of July, 1999.
Montie R. Deer,
Chairman, National Indian Gaming Commission.
[FR Doc. 99-17903 Filed 7-14-99; 8:45 am]
BILLING CODE 7565-01-P
