Proposed Rule: Indian Gaming Regulatory Act: Facility License Standards

59044 Federal Register / Vol. 72, No.
201 / Thursday, October 18, 2007 / Proposed Rules
separate building, in a separate wing of ACTION: Proposed rules. oversee the implementation of approved
a building, or in quarters at the blind tribal gaming ordinances. Before
end of a corridor and includes adequate SUMMARY: The proposed rules add new opening a gaming operation, a tribe
space and equipment for all processing sections and a new part to the must adopt an ordinance governing
steps up to, but not including, filling Commission’s regulations in order to gaming activities on its Indian lands. 25
into final containers; and ensure that each place, facility or U.S.C. 2710. The Act specifies a number
(B) Not conducting test procedures location where class II or class III of mandatory provisions to be contained
that potentially involve the presence of gaming will occur is located on Indian in each tribal gaming ordinance and
microorganisms other than the vaccine lands eligible for gaming as required by subjects such ordinances to agency
strains or the use of tissue culture cell the Indian Gaming Regulatory Act. The review and the NIGC Chairman’s
lines other than primary cultures in rules are also intended to ensure that approval. Id. Approval by the Chairman
space used for processing live vaccine; gaming facilities are constructed, is predicated on the inclusion of each of
or maintained and operated in a manner the specified mandatory provisions in
(ii) If manufacturing is conducted in that adequately protects the the tribal gaming ordinance. Id. Among
a multiproduct manufacturing building environment and the public health and these is a requirement that the
or area, using procedural controls, and safety. ordinance must contain a provision
where necessary, process containment. DATES: Submit comments on or before ensuring that ‘‘the construction and
Process containment is deemed to be December 3, 2007. maintenance of the gaming operation,
necessary unless procedural controls are ADDRESSES: Comments can be mailed, and the operation of that gaming is
sufficient to prevent cross faxed, or e-mailed. Mail comments to conducted in a manner that adequately
contamination of other products and ‘‘Comments on Facility Licensing protects the environment and the public
other manufacturing areas within the Standards,’’ National Indian Gaming health and safety.’’ 25 U.S.C.
building. Process containment is a Commission, 1441 L Street, NW., 2710(b)(2)(E). Since 1993, when the
system designed to mechanically isolate Washington, DC 20005, Attn: Jerrie Commission became operational, the
equipment or an area that involves Moore, Legal Assistant. Comments may Chairman has required each tribal
manufacturing using live vaccine be faxed to 202–632–7066 (not a toll- gaming ordinance submitted for
organisms. All product, equipment, and free number). Comments may be sent approval to include the express
personnel movement between distinct electronically to environmental and public health and
live vaccine processing areas and licensing_regulations@nigc.gov. safety statement set out in 25 U.S.C.
between live vaccine processing areas 2710(b)(2)(E).
FOR FURTHER INFORMATION CONTACT: The Commission recognizes that tribal
and other manufacturing areas, up to,
Penny J. Coleman, Acting General governments, as an incident of inherent
but not including, filling in final
Counsel, at (202) 632–7003; fax (202) tribal sovereignty, have broad autonomy
containers, must be conducted under
632–7066 (not toll-free numbers). and authority over internal tribal affairs,
conditions that will prevent cross
SUPPLEMENTARY INFORMATION: including, in particular, matters
contamination of other products and
manufacturing areas within the I. Background pertaining to tribal lands and the health
building, including the introduction of and welfare of the people and the
On October 17, 1988, Congress community. Moreover, the Commission
live vaccine organisms into other areas.
enacted the Indian Gaming Regulatory is aware that the principle of tribal self-
In addition, written procedures and
Act (‘‘IGRA’’ or ‘‘Act’’), 25 U.S.C. 2701– determination is a cornerstone of federal
effective processes must be in place to
21, creating the National Indian Gaming Indian law and policy and has remained
adequately remove or decontaminate
Commission (‘‘NIGC’’ or ‘‘Commission’’) so for more than a quarter century.
live vaccine organisms from the
and developing a comprehensive The Commission believes that tribes
manufacturing area and equipment for
framework for the regulation of gaming must have some form of basic laws in
subsequent manufacture of other
on Indian lands. 25 U.S.C. 2702. The the following environmental and public
products. Written procedures must be in
NIGC was granted, among other things, health and safety areas: (1) Emergency
place for verification that processes to
oversight and enforcement authority, preparedness, including but not limited
remove or decontaminate live vaccine
including the authority to monitor tribal to fire suppression, law enforcement
organisms have been followed.
compliance with the Act, Commission and security; (2) food and potable water;
* * * * * regulations, and tribal gaming (3) construction and maintenance; (4)
Dated: July 30, 2007. ordinances. hazardous materials; and (5) sanitation
Randall W. Lutter, First, the IGRA allows gaming on (both solid waste and wastewater).
Deputy Commissioner for Policy. Indian lands pursuant to 25 U.S.C. Accordingly, in 2002, the Commission
[FR Doc. E7–20609 Filed 10–17–07; 8:45 am] 2703(4), although it contains a general issued an interpretive rule for
BILLING CODE 4160–01–S
prohibition against gaming on lands environment, public health, and safety.
acquired into trust by the United States 67 FR 46,109 (Jul. 12, 2002)
for the benefit of the tribe after the Act’s (‘‘Interpretive Rule’’).
effective date of October 17, 1988, The NIGC has conducted many
DEPARTMENT OF THE INTERIOR
unless one of several exceptions are environment and public health and
National Indian Gaming Commission met. 25 U.S.C. 2719. The Commission safety inspections since the issuance of
has jurisdiction only over gaming the Interpretive Rule and has worked
25 CFR Parts 502, 522, 559 and 573 operations on Indian lands and with a consultant to allow the agency to
mstockstill on PROD1PC66 with PROPOSALS
therefore must establish that it has gain expertise in this area. Through this
RIN 3141–AA23 jurisdiction as a prerequisite to its inspection process, the NIGC has
Facility License Standards monitoring, enforcement, and oversight identified weaknesses in tribal laws or
duties. 25 U.S.C. 2702(3). enforcement thereof and has worked
AGENCY:National Indian Gaming Second, the NIGC needs to obtain with tribes to cure deficiencies.
Commission (‘‘NIGC’’ or information on a tribe’s environmental The Commission respects the rights of
‘‘Commission’’). and public health and safety laws to tribes to develop their own laws and be
VerDate Aug<31>2005 21:52 Oct 17, 2007 Jkt 214001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\18OCP1.SGM 18OCP1
Federal Register / Vol. 72, No. 201 / Thursday, October 18, 2007 / Proposed Rules 59045
governed by them. These rights must be provided written comments. In March 20, 2007, and July 31, 2007, the
viewed in conjunction with the IGRA addition, between May 12, 2006, and Commission conducted over 60 separate
mandate that the tribal governments and March 20, 2007, the Commission invited government-to-government consultation
the NIGC have a responsibility to the 309 tribes to meet with it in meetings with individual tribes and
gaming public and to gaming operation consultation asking, among other their leaders or representatives. Tribes
employees to ensure that their matters, for comment on the draft submitted 78 comments to the revised
operations do not pose a risk to the regulations. While some tribes declined draft.
health or safety of the public or the the Commission’s invitations, the Comments on the revised draft were
environment. 25 U.S.C. 2710(b)(2)(E); 25 Commission conducted over 53 separate again carefully reviewed and considered
CFR part 580. government-to-government consultation by the Commission in formulating these
In the years since the adoption of the meetings with individual tribes and proposed regulations. Tribes continued
Interpretive Rule, the Commission has their leaders or representatives. to question the NIGC’s authority to issue
identified several deficiencies in it. The comments and suggestions the regulations. The Commission,
Namely, the Interpretive Rule does not received were carefully reviewed, and however, continues to believe it has
assist the Commission in identifying as a result, the Commission decided to authority to issue licensing standards,
what environmental and public health redraft the regulations. Tribes determine whether a site constitutes
and safety laws apply to each gaming questioned the NIGC’s authority to issue Indian lands, and ensure tribal
operation nor ensure that tribal gaming the regulations for tribes conducting compliance with the environmental and
regulatory authorities are enforcing class III gaming and the NIGC’s public health and safety provision of the
those laws. There is a need for a authority to issue regulations in this IGRA. The NIGC noted the continued
submission to the Commission of a area overall. Tribes also challenged the concern of many tribes regarding the
certification by the tribe that it has first draft as unduly onerous and costly. Indian lands submission burden and has
identified laws applicable to its gaming The first draft applied to open as well substantially lessened the burden in the
operation and is in compliance with as new gaming operations and required proposed rules published today as well
them together with a document listing tribes to submit a signed legal opinion as limited the submission requirements
those laws. A certification process finding that the site was on IGRA Indian for this regulation to new gaming
would help tribes and the Commission lands; a certification that the gaming site operations. The NIGC has therefore
to identify problem areas where laws are was on Indian lands; plat maps; copies substantially reduced the Indian lands
needed so that the NIGC may offer of trust deeds; copies of any court collection while requiring tribes to
technical advice and encourage decisions, settlement agreements, submit additional documentation if
adoption and enforcement of Congressional acts, Executive Orders, or necessary.
appropriate laws. The new rules Secretarial proclamations or decisions The second draft also required all
proposed today would not replace the affecting title or ownership of the land; gaming tribes to amend their gaming
Interpretive Rule but would work in documentation on site ownership and ordinances within two years of the
conjunction with it. leasehold interests; and documentation effective date of the regulations in order
the site was located within reservation to incorporate specific environmental
II. Development of the Proposed Rules and public health and safety provisions
boundaries or was within tribal
Through Consultation With Indian into their gaming ordinance. The NIGC
jurisdiction and the tribe exercised
Tribes concurs with the commentators that the
governmental power over it. The first
The Commission identified a need for draft had also required tribes to submit ordinance amendment concept is
facility license standards to address the table of contents of each applicable unnecessary and would prove unduly
Indian lands and environmental and environmental and public health and burdensome and costly both to the
public health and safety concerns in safety law. The Commission agreed that tribes and the agency and has removed
2005. In accordance with its the requirements to submit a signed this provision.
government-to-government consultation legal opinion on the Indian lands status Tribes also commented that
policy, 69 FR 16,973 (Mar. 31, 2004), the of gaming lands and the table of submission of a certification that the
Commission consulted with Indian contents for each applicable tribe is in compliance with applicable
tribes so they could provide early and environmental and public health and environmental and public health and
meaningful input regarding formulation safety law would be unduly safety laws and a list of those laws was
of the proposed rules. Before it began burdensome and expensive and burdensome and an infringement on
drafting the proposed rules, the therefore removed them. tribal sovereignty. The Commission
Commission advised tribes of its intent The Commission sent a revised draft believes that the environmental and
to create standards and asked tribes for to leaders of all gaming tribes for public health and safety requirements
comments and suggestions on licensing comment on March 21, 2007, and do not infringe on tribal sovereignty and
regulations covering both Indian lands posted the draft on its Web site, asking are not unduly onerous. The
and environmental and public health for comments by May 15, 2007. NIGC requirements for environmental and
and safety standards at consultation Press Release PR–63 06–2007. The public health and safety certifications
sessions around the country beginning comment period deadline was and lists of laws appear to have been
in October of 2005. subsequently extended to May 30, 2007. misconstrued as the regulations do not
Thereafter, the Commission prepared NIGC Press Release PR–65 08–2007. The require tribes to adopt any specific laws
draft facility licensing regulations NIGC posted the initial request for or send in all of their laws, but are
covering Indian lands and comments and the extension letter on its meant to keep the NIGC current on the
environmental and public health and Web site in order to obtain additional status of the tribes’ laws.
safety standards. A copy of the draft public comment. In addition, the As of the date of publication, the
regulations was sent to leaders of all Commission invited 273 tribes to meet Commission has to date conducted over
gaming tribes for comment on May 12, with it in consultation asking, among 113 separate government-to-government
2006. The NIGC also posted the draft on other matters, for comment on the consultation meetings with individual
its Web site, http://www.nigc.gov, for regulations. While some tribes declined tribes and their leaders or
public comment. Fifty-six tribes the Commission’s invitations, between representatives and received many
59046 Federal Register / Vol. 72, No. 201 / Thursday, October 18, 2007 / Proposed Rules
written comments on its drafts. Through The Commission also proposes to the faulty citation to be replaced with
these consultations, the Commission define the requirement in 25 U.S.C. the correct citation. The amended rule
actively endeavored to provide all tribes 2710(b)(2)(E) that a tribal gaming would also allow the Chairman to issue
with a reasonable and practical ordinance must contain a provision an order of temporary closure if a
opportunity to meet and consult with ensuring that ‘‘the construction and gaming facility operates without a
the Commission on a government-to- maintenance of the gaming operation, facility license in violation of proposed
government basis and provide early and and the operation of that gaming is rule 25 CFR part 559.
meaningful tribal input regarding the conducted in a manner that adequately
protects the environment and the public Regulatory Matters
formulation and implementation of
these proposed rules. health and safety.’’ The Commission Regulatory Flexibility Act
clarifies that this term means a tribe has
III. Purpose and Scope identified and is enforcing laws The proposed rules will not have a
The proposed rules are intended to applicable to its gaming operations in significant economic effect on a
ensure that each place, facility, or the areas of emergency preparedness, substantial number of small entities as
location where class II or class III food and potable water, construction defined under the Regulatory Flexibility
gaming will occur is located on Indian and maintenance, hazardous materials, Act, 5 U.S.C. 601, et seq. Moreover,
lands eligible for gaming under the and sanitation. Indian tribes are not considered to be
IGRA. The proposed rules are also small entities for the purposes of the
VI. Facility License Notifications, Regulatory Flexibility Act.
intended to assure that gaming facilities Renewals, and Submissions
are constructed, maintained, and Small Business Regulatory Enforcement
operated in a manner that adequately Proposed 25 CFR part 559 sets forth
Fairness Act
protects the environment and public standards for renewal of gaming facility
health and safety. In addition, the licenses, standards for notification to The proposed rules are not a major
proposed rules will allow the the Commission when a facility license rule under 5 U.S.C. 804(2), the Small
Commission to track the opening and is renewed or terminated, and standards Business Regulatory Enforcement
for notification to the Commission prior Fairness Act. The rules do not have an
closing of tribal gaming facilities. Each
to the licensing and opening of new annual effect on the economy of $100
gaming place, facility, or location where
gaming facilities. million or more. The rules will not
a tribe conducts, or intends to conduct, A tribe would submit a notice to the
class II or class III gaming pursuant to cause a major increase in costs or prices
Chairman that it is considering issuing for consumers, individual industries,
the IGRA would be subject to the a facility license to a new facility at least
proposed rules. Federal, state or local government
one hundred and twenty (120) days agencies or geographic regions and do
IV. Ordinance Submission before opening. The notice would not have a significant adverse effect on
Requirements of 25 CFR Part 522 contain the name, address, legal competition, employment, investment,
description and tract number of the productivity, innovation, or the ability
The IGRA requires that gaming be on property. Other information would be
Indian lands eligible for gaming under of U.S.-based enterprises to compete
required if the deed for the property is with foreign-based enterprises.
the Act and that a tribe include in its not maintained by the Bureau of Indian
ordinance a provision that Affairs, Department of the Interior. In Unfunded Mandates Reform Act
‘‘construction and maintenance of the that case, the tribe would submit a copy
gaming facility, and the operation of The Commission, as an independent
of the deed and documentation of the regulatory agency within the
that gaming is conducted in a manner property’s ownership. Charitable events
which adequately protects the Department of the Interior, is exempt
lasting not more than one week would from compliance with the Unfunded
environment and the public health and be excluded from this requirement.
safety.’’ 25 U.S.C. 2710(b)(2)(E). The Mandates Reform Act, 2 U.S.C. 1502(1);
In addition, proposed part 559 would
addition of paragraph (i) to 25 CFR 2 U.S.C. 658(1). Regardless, the
require renewals of facility licenses at
522.2, concerning ordinance submission proposed rules do not impose an
least once every three years. A copy of
requirements, directs that a tribe shall unfunded mandate on state, local, or
each facility license would be sent to
provide any Indian lands or tribal governments or on the private
the Chairman within thirty days of
environmental and public health and sector of more than $100 million per
issuance, with a supporting certification
safety documentation that the Chairman year. Thus, it is not a ‘‘significant
that the tribe has identified and enforces
requests at his or her discretion as regulatory action’’ under the Unfunded
applicable environmental and public
needed. Mandates Reform Act.
health and safety laws and a list of those
V. Definitions for 25 CFR Part 502 laws. The Chairman has discretion to Takings
request additional Indian lands or
The Commission proposes definitions environmental and public health and In accordance with Executive Order
for terms not previously defined in its safety documentation as needed. 12630, the Commission has determined
regulations. These definitions would Further, a tribe would notify the that the proposed rules do not have
have general application to all of the Chairman if a facility license is significant takings implications. A
NIGC regulations where the terms are terminated or not renewed, or if the takings implication assessment is not
used. facility closes. required.
In the proposed rule, the Commission Civil Justice Reform
VII. Order of Temporary Closure
defines the term ‘‘facility license’’ to

clarify the term used in 25 U.S.C. Proposed 25 CFR 573.6(a)(4) amends In accordance with Executive Order
2710(b)(1), which requires a tribe to the current regulation, which already 12988, the Office of General Counsel has
issue a separate license for each place, allows the Chairman to order temporary determined that the proposed rules do
facility, or location on Indian lands at closure of a facility when a gaming not unduly burden the judicial system
which class II or class III gaming is or facility operates without a license from and meet the requirements of sections
will be conducted. a tribe. The amendment would correct 3(a) and 3(b)(2) of the Order.
National Environmental Policy Act (‘‘OIG’’) for the United States assist the NIGC without a legal
The Commission has determined that Department of the Interior (‘‘DOI’’) description and tract number of the
the proposed rules do not constitute a recommended that the NIGC establish a land. The legal description and tract
major federal action significantly process by which tribes that have taken number also allow the NIGC to work
affecting the quality of the human land into trust since 1988 certify the with the BIA to verify, for example,
environment and that no detailed lands’ status and establish and maintain whether land is within or contiguous to
statement is required pursuant to the a database containing eligibility 1988 reservation boundaries, is within
information and/or lands an Oklahoma former reservation, or is
National Environmental Policy Act of
determinations for all Indian gaming within the last reservation boundaries
1969, 42 U.S.C. 4321, et seq.
operations. The NIGC has established an not in Oklahoma. See 25 U.S.C. 2703(4),
Paperwork Reduction Act Indian lands database and seeks to 2719. Third, the NIGC is requesting that
The proposed rules require populate the database with information tribes submit deeds not maintained by
information collection under the on new gaming facilities. The data will the BIA. Tribes often operate their own
Paperwork Reduction Act of 1995, 44 be utilized for internal reporting and real estate offices and maintain their
U.S.C. 3501, et seq., and are subject to recordkeeping purposes; to determine trust deeds themselves. If no deed was
review by the Office of Management and jurisdiction and legality of gaming; and ever issued for the property, the tribe is
Budget. The title, description, and to respond to inquiries from other in the best position to explain why no
respondent categories are discussed government agencies and Congress deed was issued. Moreover, if land is
below, together with an estimate of the regarding where Indian gaming is owned in fee, the tribe should have
occurring and proposed. Any public obtained a copy of the deed in the
annual information collection burden.
With respect to the following requests for information contained in course of developing the new project.
the database will be subject to the Documentation of ownership indicates
collection of information, the
Freedom of Information Act, 5 U.S.C. that the land is owned by the tribe or
Commission invites comments on: (1)
552, the Privacy Act of 1974, 5 U.S.C. a tribal member and is an indication of
Whether the proposed collection of
552a, and 25 U.S.C. 2716. jurisdiction. A tribe is required to have
information is necessary for proper Proposed section 559.2 requires that a jurisdiction and exercise governmental
performance of its functions, including tribe submit a notice to the NIGC at least power over its gaming lands. See 25
whether the information would have one hundred and twenty (120) days U.S.C. 2703(4), 2710(b)(1). The
practical utility; (2) the accuracy of the before a new gaming facility will be Commission presumes that a tribe has
Commission’s estimate of the burden of opened, alerting the agency that a both jurisdiction and exercises
the proposed collection of information, facility license is under consideration. governmental power on its reservation
including the validity of the The notice will contain the name and lands but needs to ensure this for all off-
methodology and assumptions used; (3) address of the property; the legal reservation sites as they are threshold
ways to enhance the quality, utility, and description of the property; a copy of requirements for tracts to be considered
clarity of the information to be any deeds or trust documents to the Indian lands. 25 U.S.C. 2703(4), 2710,
collected; and (4) ways to minimize the property if not maintained by the and 2719.
burden of the collection of information Bureau of Indian Affairs, Department of Proposed part 559 also requires that
on respondents, including the use of the Interior (‘‘BIA’’), the tract number each gaming facility license be renewed
automated collection techniques, when for the property as assigned by the BIA at least once every three years and that
appropriate, and other forms of Land Title Records Offices (‘‘LTRO’’), or a tribe must submit a copy of each new
information technology. a short explanation as to why no deed facility license to the NIGC within 30
Title: Indian Gaming Facility exists; and documentation on the days of issuance. Supporting
Documentation and Certification, property’s ownership if not maintained documentation submitted with the new
proposed 25 CFR part 559. by the BIA. facility license includes a tribal
Summary of information and The notice and its information certification that a tribe has identified
description of need: provide necessary data without which and enforces the environmental and
The IGRA establishes that Indian the NIGC is unable easily to identify the public health and safety laws applicable
gaming may be conducted only on site or to verify that a gaming site will to its gaming operation and a document
Indian lands. 25 U.S.C. 2703(4), be on eligible Indian lands pursuant to listing the applicable laws.
2710(a)(1), 2710(b)(1), 2710(d)(1). The the IGRA and enter that information The NIGC requires the certification
IGRA further provides that the Indian into the agency’s Indian lands database. and list of laws in order to identify what
lands outside of a tribe’s reservation First, the name and address of the environmental and public health and
boundaries as of the effective date of the future facility are needed by the NIGC safety standards apply to each gaming
Act, October 17, 1988, must be held in in order to identify the site and are operation and to ensure that tribal
trust by the United States for the tribe needed for the agency’s Indian lands gaming regulatory authorities are
or tribal member(s) as of October 17, database. Second, the NIGC is enforcing the standards for the gaming
1988. 25 U.S.C. 2719(a). If not, the site constrained in its attempts to research operations. The certification and list
must meet one of the exceptions from 25 the gaming eligibility status of a site would allow the Commission to rely on
U.S.C. 2719(b). To carry out its under the IGRA without a legal a tribe’s assertion that it is in
regulatory requirements, the description and LTRO tract number. compliance with applicable laws.
Commission must know the status of Although many deeds and ownership Respondents:
lands where tribal gaming is occurring. documentation are maintained at BIA This information request is specific to
Without the required showing that LTRO, without information from a tribe tribal governments that operate gaming
gaming is conducted on ‘‘Indian lands,’’ regarding the address, legal description, facilities and to tribal governments
it is unclear whether the NIGC or the and tract number of where gaming is to considering opening new gaming
State exercises jurisdiction over the be conducted, the NIGC cannot reliably facilities in accordance with the IGRA.
gaming. or efficiently know which deeds to The maximum number of potential
In addition, a September 2005 report request. Previous requests to the BIA respondents is approximately 562, the
by the Office of Inspector General indicate that the BIA is often unable to number of federally recognized Indian
tribes. See Indian Entities Recognized the list. The NIGC believes that there The Commission has requested copies
and Eligible To Receive Services From will be minimal burden for a tribe to of environmental and public health and
the United States Bureau of Indian identify the laws applicable to its safety laws from many tribes in
Affairs, 72 FR 13,648 (Mar. 22, 2007). gaming operation. Tribes should already preparation for inspections under the
Currently, approximately 226 tribes be aware of and enforcing laws Interpretive Rule, 67 FR 46,109 (Jul. 12,
operate approximately 419 gaming applicable to their gaming operations so 2002), but has not asked tribes to report
facilities. the time and cost associated with a the time required to provide the
Information Collection Burden: certification and list of laws should be information. This information collection
The proposed rules require tribes minimal. One-time costs may be request is for a copy of each gaming
opening new gaming facilities to submit: incurred by tribal governments drafting site’s facility license, a tribal
(1) The facility name; (2) mailing and adopting laws if there are none in certification that it has identified and is
addresses, legal descriptions, and LTRO the identified areas. in compliance with applicable
tract numbers for the proposed gaming Over the past year, the Commission environment and public health and
site; and (3) copy of the trust deed(s) requested Indian lands information from safety (‘‘EPHS’’) laws, and a document
and documentation on site ownership if several tribes for existing facilities. The listing the titles of those laws other than
not maintained by the BIA. If a tribe information collection there was federal laws.
maintains its real property deeds substantially greater than that contained The NIGC believes that there will be
through contract with the BIA, it will in the proposed rule. The NIGC had minimal burden for a tribe to identify
have ready access to the legal asked tribes to provide a legal the laws applicable to its gaming
description and LTRO tract number. description, a copy of the trust deed, a operation, other than federal laws, in
There could be some burden on the tribe map of the property, documentation the areas of emergency preparedness,
to learn the legal description of the from the BIA on its decision to take the food and water, construction and
property. The legal description can be maintenance, hazardous materials, and
land into trust, and a legal analysis of
obtained from the county recorder’s sanitation. Tribes should already be
why each open tribal gaming site
office, through working with the BIA, or aware of and enforcing laws applicable
qualified as Indian lands eligible for
from the tribe’s own realty office. There to their gaming operations so time and
gaming under the IGRA. Tribes reported
would also be a minimal burden on the cost associated with a certification and
that the collection took approximately 4
tribe to locate a copy of a deed or to list of laws should be minimal. The
hours if the information had already
write a brief explanation that no deed estimated hour burden of assembling
been compiled. Tribes conducting
was ever issued for the property in the EPHS laws and creating a list is 3–8
gaming on pre-IGRA trust lands
rare instances where this is so on tribal hours, or approximately $52.50 (3 ×
estimated 20 hours of response time and
reservation lands. Likewise, there would 17.50) to $140 (8 × $17.50) depending
be a burden on tribes to provide tribes gaming under an exception in 25
on whether the tribe already maintains
documentation of ownership if not U.S.C. 2719(b) estimated up to 80 hours
such a list.
maintained by the BIA. Such of response time with an average Once every three years, a tribe could
documentation can be obtained from the estimated range of costs for each facility incur costs of hiring consultants,
county recorder’s office or from the of approximately $350 (20 hours × attorneys, engineers, or inspectors to
tribe’s own realty office if contracted to $17.50) to $1,400 (80 hours × $17.50). certify compliance with applicable
maintain such information. The NIGC The Commission expects that the most EPHS laws, and this is estimated to be
believes that providing a legal of the response time and cost will be $1,000 to $7,000 for inspection and
description, LTRO tract number, trust eliminated under the current certification. One estimate was for a
deed, or land ownership information information request as the NIGC is series of inspectors over 3–5 days at a
could require investment of time only. requesting only name and address of the total cost of $5,000–$7,000.
This portion of the information request property; the legal description of the Potentially, a few tribes will have to
will not be recurring and tribes will property; a copy of any deeds to the make significant changes to their
only be required under this proposed property if not maintained by the BIA, infrastructure before a certificate of
rule to comply with the information or a short explanation as to why no deed compliance can be issued. In such cases,
request if they plan on opening a new exists; and documentation on the the costs may be estimated as ranging
tribal facility. In general, the NIGC property’s ownership if not maintained from $40,000 to $250,000 and include
believes tribes wishing to open gaming by the BIA. The Commission estimates ongoing compliance costs in addition to
establishments on fee lands would need that the hour burden will drop to 2 inspection costs. The wide range of
to obtain this information as part of the hours at a cost of $35 (2 × $17.50) under costs depends on whether a tribe has
normal course of business. Therefore, the proposed rule if the BIA maintains already developed and identified
the Indian lands portion of the rule the deed and documentation of site applicable EPHS laws and has an
would add only limited additional ownership, going up to 10 hours at a ongoing program aimed at assuring the
expense to Indian gaming operations. cost of $175 (10 × $17.50) if the BIA public health and safety. The higher
The proposed rule further requires does not maintain such information. cost estimates came from operations
submission at least once every three The NIGC expects to work with the BIA with full-time EPHS employees and
years of: (1) A copy of each gaming site’s to establish a process for obtaining lands represent the overall cost of the tribe’s
facility license; and (2) a tribal information that is held by the BIA. EPHS program rather than simply costs
certification that it has identified and is Additionally, under the proposed associated with inspection and
in compliance with applicable rule, the Commission’s collection of certification. Operations with full-time
environment and public health and information on Indian lands would EPHS employees pay for them as part of
safety laws. The document listing the require submission of information on the overall cost of the tribe’s EPHS
applicable laws must be included with future facilities; it is unlikely that a tribe program rather than as costs associated
the first submission only. After that, if would have to provide information on with inspection and certification. The
no changes are made to the list, the tribe more than one facility at a time or very costs associated with the customary and
only needs to certify to the NIGC that no many times over the course of several usual business practice of maintaining
substantial modifications were made to years. EPHS and fixing code violations are not
a direct result of a certification amend its regulations at 25 CFR Chapter safety documentation that the Chairman
requirement, but rather required already III as follows: may in his or her discretion request as
by tribal laws, including the tribal needed.
gaming ordinance, which requires a PART 502—DEFINITIONS OF THIS 6. Add new part 559 to read as
tribe to construct, maintain, and operate CHAPTER follows:
its gaming facilities in a manner that 1. The authority citation for part 502
protects the public pursuant to 25 PART 559—FACILITY LICENSE
continues to read as follows:
U.S.C. 2710(b)(2)(E). The hour cost of NOTIFICATIONS, RENEWALS, AND
having the appropriate tribal entity Authority: 25 U.S.C. 2701 et seq. SUBMISSIONS
create a certification after the 2. Add new § 502.22 to read as
inspections is estimated at 2 hours for Sec.
follows: 559.1 What is the scope and purpose of this
a cost of $35 (2 × $17.50).
§ 502.22 Construction and maintenance of part?
Also, if a tribe does not have laws in 559.2 When must a tribe notify the
one of the enumerated areas, it may the gaming facility, and the operation of
that gaming is conducted in a manner Chairman that it is considering issuing a
require employment of an attorney or new facility license?
other specialist to research other laws in which adequately protects the environment
and the public health and safety. 559.3 How often must a facility license be
this area and may require the attorney renewed?
to draft tribal law if the tribe opts not Construction and maintenance of the 559.4 When must a tribe submit a copy of
to adopt a uniform code or law of gaming facility, and the operation of a facility license to the Chairman?
another jurisdiction. The NIGC that gaming is conducted in a manner 559.5 What must a tribe submit to the
estimates the cost for this as which adequately protects the Chairman with the copy of each facility
environment and the public health and license that has been issued?
approximately $5,000–$10,000.
safety means a tribe has identified and 559.6 Does a tribe need to notify the
The proposed rule also requires an
enforces laws, resolutions, codes, Chairman if a facility license is
information collection if a facility terminated or not renewed or if a gaming
license is terminated or not renewed or policies or procedures applicable to
place, facility, or location closes?
if a gaming place, facility, or location each gaming place, facility or location 559.7 May the Chairman request Indian
closes. The NIGC believes the tribe will that protect the environment and the lands or environmental and public
create documentation for this through public health and safety, including health and safety documentation
governmental meeting minutes or standards negotiated under a tribal-state regarding any gaming place, facility, or
through a notification to the gaming compact. Laws, resolutions, codes, location where gaming will occur?
operation and need only forward a copy policies or procedures in this area shall 559.8 May a tribe submit documents
cover, at a minimum: required by this part electronically?
of that information to the Commission.
The estimated hour burden of (a) Emergency preparedness, Authority: 25 U.S.C. 2701, 2702(3),
forwarding this information to the including but not limited to fire 2703(4), 2705, 2706, 2710 and 2719.
Commission is a half hour for suppression, law enforcement, and
§ 559.1 What is the scope and purpose of
approximately $8.75 (.5 × $17.50). security;
this part?
Comments: Pursuant to the Paperwork (b) Food and potable water;
Reduction Act, 44 U.S.C. 3507(d), the (c) Construction and maintenance; (a) The purpose of this part is to
Commission has submitted a copy of (d) Hazardous materials; ensure that each place, facility, or
this proposed rule to OMB for its review (e) Sanitation (both solid waste and location where class II or III gaming will
and approval of this information wastewater); and occur is located on Indian lands eligible
collection. Interested persons are (f) Other environmental or public for gaming and that the construction
requested to send comments regarding health and safety standards adopted by and maintenance of the gaming facility,
the burden, estimates, or any other the tribe in light of climate, geography, and the operation of that gaming is
aspect of the information collection, and other local conditions and conducted in a manner which
including suggestions for reducing the applicable to its gaming facilities, places adequately protects the environment
burden: (1) Directly to the Office of or locations. and the public health and safety
Information and Regulatory Affairs, 3. Add new § 502.23 to read as pursuant to the Indian Gaming
OMB, Attn: Desk Officer for the follows: Regulatory Act.
National Indian Gaming Commission, (b) Each gaming place, facility, or
§ 502.23 Facility license. location conducting class II or III
725 17th Street NW., Washington, DC
20503; and (2) to Penny J. Coleman, Facility license means a separate gaming pursuant to the Indian Gaming
Acting General Counsel, National Indian license issued by a tribe to each place, Regulatory Act or on which a tribe
Gaming Commission, 1441 L Street, facility, or location on Indian lands intends to conduct class II or III gaming
NW., Suite 9100, Washington, DC 20005 where the tribe elects to allow class II pursuant to the Indian Gaming
or via fax (202) 632–7066 (not a toll-free or III gaming. Regulatory Act is subject to the
number) or via e-mail at requirements of this part.
PART 522—SUBMISSION OF GAMING
licensing_regulations@nigc.gov.
ORDINANCE OR RESOLUTION § 559.2 When must a tribe notify the
Comments are due November 19, 2007. Chairman that it is considering issuing a
List of Subjects in 25 CFR Parts 502, 4. The authority citation for part 522 new facility license?
522, 559, and 573 continues to read as follows:
(a) A tribe shall submit to the
Gambling, Indians—lands, Indians— Authority: 25 U.S.C. 2706, 2710, 2712. Chairman a notice that a facility license
tribal government, Reporting and 5. Add new paragraph (i) to § 522.2 to is under consideration for issuance at
recordkeeping requirements. read as follows: least 120 days before opening any new
place, facility, or location on Indian
Text of the Proposed Rules § 522.2 Submission requirements. lands where class II or III gaming will
For the reasons set forth in the (i) A tribe shall provide Indian lands occur. The notice shall contain the
preamble, the Commission proposes to or environmental and public health and following:
(1) The name and address of the (6) Other environmental or public Dated: October 11, 2007.
property; health and safety standards adopted by Philip N. Hogen,
(2) A legal description of the property; the tribe in light of climate, geography, Chairman.
(3) The tract number for the property and other local conditions and Cloyce V. Choney,
as assigned by the Bureau of Indian applicable to its gaming facilities, places Commissioner.
Affairs, Land Title and Records Offices; or locations.
(4) If not maintained by the Bureau of Norman H. DesRosiers,
Indian Affairs, Department of the (c) After the first submission of a Commissioner.
Interior, a copy of the trust or other document under paragraph (b) of this [FR Doc. E7–20541 Filed 10–17–07; 8:45 am]
deed(s) to the property or an section, upon reissuing a license to an BILLING CODE 7565–01–P
explanation as to why such existing gaming place, facility, or
documentation does not exist; and location, and in lieu of complying with
(5) If not maintained by the Bureau of paragraph (b) of this section, a tribe may PENSION BENEFIT GUARANTY
Indian Affairs, Department of the certify to the Chairman that it has not CORPORATION
Interior, documentation of the substantially modified its laws
property’s ownership. protecting the environment and public 29 CFR Part 4003
(b) A tribe does not need to submit to health and safety. RIN 1212–AB15
the Chairman a notice that a facility
license is under consideration for § 559.6 Does a tribe need to notify the Rules for Administrative Review of
issuance for occasional charitable events Chairman if a facility license is terminated Agency Decisions
lasting not more than a week. or not renewed or if a gaming place, facility,
or location closes? AGENCY: Pension Benefit Guaranty
§ 559.3 How often must a facility license Corporation.
be renewed? A tribe must notify the Chairman
ACTION: Proposed rule.
At least once every three years, a tribe within 30 days if a facility license is
shall issue a separate facility license to terminated or not renewed or if a SUMMARY: Pension Benefit Guaranty
each existing place, facility or location gaming place, facility, or location closes Corporation (PBGC) proposes amending
on Indian lands where a tribe elects to or reopens. its regulation on Administrative Review
allow gaming. of Agency Decisions (29 CFR part 4003)
§ 559.7 May the Chairman request Indian
§ 559.4 When must a tribe submit a copy
to clarify that the agency’s Appeals
lands or environmental and public health
of a facility license to the Chairman? and safety documentation regarding any
Board may refer certain categories of
A tribe must submit to the Chairman gaming place, facility, or location where appeals to other PBGC departments for
a copy of each issued facility license gaming will occur? a written response and to remove
within 30 days of issuance. determinations under section 4022A of
A tribe shall provide Indian lands or the Employee Retirement Income
§ 559.5 What must a tribe submit to the environmental and public health and Security Act of 1974 (ERISA) from the
Chairman with the copy of each facility safety documentation that the Chairman scope of part 4003. The proposed
license that has been issued? may in his or her discretion request as amendments also include minor
(a) A tribe shall submit to the needed. clarifying and technical changes to the
Chairman with each facility license an rules for administrative review of
attestation certifying that by issuing the § 559.8 May a tribe submit documents agency decisions.
facility license: required by this part electronically?
DATES: Comments must be submitted on
(1) The tribe has identified the Yes. Tribes wishing to submit or before December 17, 2007.
environmental and public health and documents electronically should contact ADDRESSES: Comments, identified by
safety laws applicable to its gaming
the Commission for guidance on Regulatory Information Number (RIN)
operation;
(2) The tribe is in compliance with acceptable document formats and means 1212–AB15, may be submitted by any of
those laws; and of transmission. the following methods:
(3) The tribe has ensured and is • Federal eRulemaking Portal: http://
ensuring that the construction and PART 573—ENFORCEMENT www.regulations.gov. Follow the Web
maintenance of the gaming facility, and site instructions for submitting
the operation of that gaming is 7. The authority citation for part 573 comments.
conducted in a manner which continues to read as follows: • E-mail: reg.comments@pbgc.gov.
adequately protects the environment Authority: 25 U.S.C. 2705(a)(1), 2706,
• Fax: 202–326–4224.
and the public health and safety. 2713, 2715.
• Mail or Hand Delivery: Legislative
(b) A document listing all laws, and Regulatory Department, Pension
resolutions, codes, policies or 8. Amend § 573.6 by revising Benefit Guaranty Corporation, 1200 K
procedures identified by the tribe as paragraph (a)(4) to read as follows: Street, NW., Washington, DC 20005–
applicable to its gaming operations, 4026.
other than Federal laws, in the
§ 573.6 Order of temporary closure. All submissions must include the
following areas: (a) * * * Regulatory Information Number for this
(1) Emergency preparedness, rulemaking (1212–AB15). Comments
* * * * * received, including personal
including but not limited to fire
suppression, law enforcement, and (4) A gaming operation operates for information provided, will be posted to
security; business without a license from a tribe, http://www.pbgc.gov. Copies of
(2) Food and potable water; in violation of part 522 or part 559 of comments may also be obtained by
(3) Construction and maintenance; this chapter. writing to Disclosure Division, Office of
(4) Hazardous materials; * * * * * the General Counsel, Pension Benefit
(5) Sanitation (both solid waste and Guaranty Corporation, 1200 K Street,
wastewater); and NW., Washington, DC 20005–4026, or

Proposed Rule: Indian Gaming Regulatory Act: Facility License Standards

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Proposed Rule: Indian Gaming Regulatory Act: Facility License Standards

Uploaded by

Copyright:

Available Formats

59044 Federal Register / Vol. 72, No.

201 / Thursday, October 18, 2007 / Proposed Rules

defines the term ‘‘facility license’’ to

You might also like