Submission of Gaming Ordinance or Decision

I. Background

Congress enacted the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2701
et seq.,
on October 17, 1988, establishing the National Indian Gaming Commission (Commission) and making a complete framework for the regulation of gaming on Indian lands. Before conducting gaming on Indian lands, a tribe should undertake a gaming ordinance or decision that’s submitted to and permitted by the NIGC Chair. 25 U.S.C. 2710(b)(1)(B), (b)(2), (d)(1)(A), and (d)(2)(A). In 1993, the Commission promulgated gaming ordinance submission rules that required “a description of procedures for resolving disputes between the gaming public and the tribe or the management contractor.” 58 FR 5810. In 2022, the Commission modified the requirement, mandating that tribes submit a duplicate of the procedures. 87 FR 57593. When tribes amend their ordinances, they have to present sure ordinance submission necessities, together with a duplicate of their dispute decision procedures. 25 CFR 522.3(b)(2).

II. Development of the Rule

Presidential Executive Order 14219, entitled
Ensuring Lawful Governance and Implementing the President’s “Department of Government Efficiency” Deregulatory Initiative,
directed companies to evaluation all rules for consistency with regulation and Administration coverage; determine sure lessons of rules; and rescind or modify these rules. Subsequently, Presidential Memorandum,
Directing the Repeal of Unlawful Regulations,
instructed companies to instantly effectuate the repeal of any regulation, or the portion thereof, that exceeds the company’s statutory authority or is in any other case illegal.

In the spirit of Executive Order 14219 and the Presidential Memorandum, the Commission removes the requirement for tribes to submit a duplicate of its procedures for resolving disputes with the gaming public and the tribe or administration contractor, as a result of IGRA comprises no directive about such procedures for ordinances. All however one of many different submission necessities relate to IGRA’s necessary content material for ordinances: prison historical past examine, background investigation, and licensing procedures; permitted tribal-state compacts or Class III procedures (for approval of Class III ordinances); and environmental and public well being and security paperwork. 25 U.S.C. 2710(b)(2)(E) and (F), (d)(1)(A)(ii) and (2)(A); 25 CFR 522.2 (b)-(d), (g) & (h). The sole outlier is a duplicate of the tribe’s designation of an agent for service, however that corresponds with IGRA’s empowerment of the NIGC Chair to challenge complaints towards tribal operators and administration contractors in addition to levy civil fines and/or momentary closure orders for violations of the Act, its implementing rules, or tribal ordinances. 25 U.S.C. 2713(a)(1) and (3), (b). If the Chair takes such actions, a tribe’s licensed consultant or agent should obtain them expeditiously to allow the tribe to attraction the Chair’s selections to the total Commission and/or request a listening to earlier than the total Commission about them. Both the appeals to the Commission and hearings earlier than it are explicitly permitted by IGRA. 25 U.S.C. 2713(a)(2), (b)(2).

III. Regulatory Matters

Regulatory Planning and Review (Executive Orders 12866 and 13563)

Executive Order 12866, as reaffirmed by Executive Order 13563, offers that the Office of Management and Budget’s (OMB’s) Office of Information and Regulatory Affairs (OIRA) will evaluation all guidelines to find out if they’re

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important. OIRA has decided that this rule isn’t important.

Notice and Comment

The APA permits companies to finalize some guidelines with out first publishing a proposed rule within the
Federal Register
. This exception is proscribed to instances the place the company has “good cause” to search out that the notice-and-comment course of can be “impracticable, unnecessary, or contrary to the public interest.” Here, the Commission possesses good trigger to conclude {that a} discover and remark interval is pointless because the removing of dispute decision procedures from an ordinance or modification submission is noncontroversial and unlikely to lead to an adversarial remark. Therefore, the Commission could immediately publish this direct remaining rule eliminating the requirement to submit a duplicate of dispute decision procedures with an ordinance or modification submission. This motion can be efficient 60 days from the date of this
Federal Register
doc until important adversarial feedback are acquired inside 30 days. If this direct remaining rule is withdrawn due to such feedback, well timed discover of the withdrawal can be printed within the
Federal Register
and the NIGC will start new rulemaking by saying a proposed rule.

Regulatory Flexibility Act

The rule is not going to have a major impression on a considerable variety of small entities as outlined beneath the Regulatory Flexibility Act, 5 U.S.C. 601,
et seq.
Moreover, Indian Tribes are usually not thought of to be small entities for the needs of the Regulatory Flexibility Act.

Small Business Regulatory Enforcement Fairness Act

The rule isn’t a significant rule beneath 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. The rule doesn’t affect the economic system of $100 million or extra. The rule is not going to trigger a significant enhance in prices or costs for customers, particular person industries, Federal, State, native authorities companies or geographic areas, nor will the proposed rule have a major adversarial impact on competitors, employment, funding, productiveness, innovation, or the power of the enterprises, to compete with international based mostly enterprises.

Unfunded Mandate Reform Act

The Commission, as an unbiased regulatory company, is exempt from compliance with the Unfunded Mandates Reform Act, 2 U.S.C. 1502(1); 2 U.S.C. 658(1).

Takings

In accordance with Executive Order 12630, the Commission has decided that the rule doesn’t have important takings implications. A takings implication evaluation isn’t required.

Civil Justice Reform

In accordance with Executive Order 12988, the Commission has decided that the rule doesn’t unduly burden the judicial system and meets the necessities of sections 3(a) and three(b)(2) of the Order.

National Environmental Policy Act

The Commission has decided that the rule doesn’t represent a significant federal motion considerably affecting the standard of the human surroundings and that no detailed assertion is required pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321,
et seq.

Paperwork Reduction Act

The info assortment necessities contained on this rule had been beforehand permitted by the Office of Management and Budget (OMB) as required by 44 U.S.C. 3501,
et seq.,
and assigned OMB Control Number 3141-0003.

Tribal Consultation

The National Indian Gaming Commission is dedicated to fulfilling its tribal session obligations—whether or not directed by statute or administrative motion resembling Executive Order (E.O.) 13175 (Consultation and Coordination with Indian Tribal Governments)—by adhering to the session framework described in its comparatively new Consultation Policy, adopted October 31, 2022. The NIGC’s session coverage specifies that it’ll seek the advice of with tribes on Commission Action with Tribal Implications, which is outlined as: Any Commission regulation, rulemaking, coverage, steering, legislative proposal, or operational exercise which will have a considerable direct impact on an Indian tribe on issues together with, however not restricted to the power of an Indian tribe to manage its Indian gaming; an Indian tribe’s formal relationship with the Commission; or the consideration of the Commission’s belief tasks to Indian tribes.

Because the Commission is abolishing the requirement to submit a duplicate of dispute decision procedures with an ordinance or an modification for the Chair’s approval, controversy over this modification and/or adversarial feedback are unlikely. Accordingly, the Commission proceeds with the issuance of this direct remaining rule.

For the explanations mentioned within the preamble, the Commission amends 25 CFR part 522 as follows:

1. The authority quotation for half 522 continues to learn as follows:

25 U.S.C. 2706, 2710, 2712.

2. Revise § 522.2 to learn as follows:

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3. In § 522.3, revise paragraph (b)(2) to learn as follows:

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