Proposed Rule2022-16976
Appeals to the Commission
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 10, 2022
Issuing agencies
Interior DepartmentNational Indian Gaming Commission
Abstract
The National Indian Gaming Commission proposes to amend its regulations to add a settlement process for appeals proceedings on written submissions to the Commission.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 153 (Wednesday, August 10, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 153 (Wednesday, August 10, 2022)]
[Proposed Rules]
[Pages 48615-48617]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16976]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 585
RIN 3141-AA75
Appeals to the Commission
AGENCY: National Indian Gaming Commission, Department of the Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
[[Page 48616]]
SUMMARY: The National Indian Gaming Commission proposes to amend its
regulations to add a settlement process for appeals proceedings on
written submissions to the Commission.
DATES: Written comments on this proposed rule must be received on or
before September 9, 2022.
ADDRESSES: You may submit comments by any one of the following methods,
however, please note that comments sent by electronic mail are strongly
encouraged.
[ssquf] Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
[ssquf] Email comments to: <a href="/cdn-cgi/l/email-protection#98f1f6fef7eaf5f9ecf1f7f6d8f6f1fffbb6fff7ee"><span class="__cf_email__" data-cfemail="3a53545c5548575b4e5355547a54535d59145d554c">[email protected]</span></a>.
[ssquf] Mail comments to: National Indian Gaming Commission, 1849 C
Street NW, MS 1621, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Michael Hoenig at (202) 420-9241 (this
number is not toll free).
SUPPLEMENTARY INFORMATION:
I. Background and Development of the Rule
A. Background
The Indian Gaming Regulatory Act (IGRA or Act), Public Law 100-497,
25 U.S.C. 2701 et seq., was signed into law on October 17, 1988. The
Act established the National Indian Gaming Commission (``NIGC'' or
``Commission'') and set out a comprehensive framework for the
regulation of gaming on Indian lands. IGRA, in several instances,
requires that the Commission provide an opportunity for a hearing
before it on: proposed fines, temporary closure orders, and removals of
a certificate of self-regulation. Also through regulatory action, the
Commission has afforded appeals before it for: notice of violations,
modified and voided management contracts, and notices of late fees and
late fee assessments. As to all these areas, part 585 of NIGC
regulations offers appeals to the Commission on written submissions.
The Commission comprehensively updated the appeals regulations in
2012, consolidating them in one subchapter. (77 FR 58941-01). This
proposed rule augments the appeals regulations by inserting a
comprehensive settlement procedure for appeals under part 585,
rectifying its absence in the current regulations.
B. Development of the Rule
On June 9, 2021, the National Indian Gaming Commission sent a
Notice of Consultation announcing that the Agency intended to consult
on a number of topics, including proposed changes to the appeals
regulations in part 585. Prior to consultation, the Commission sent
another Notice of Consultation, dated September 13, 2021, and released
a proposed discussion draft of the regulations for review. The proposed
amendments to these regulations were intended to solicit Tribes' views
on: (1) the Commission inviting, directing or granting leave to the
Chair to file or respond to motions and (2) supplying a settlement
procedure for appeals to the Commission on written submissions. The
Commission held three virtual consultation sessions in September and
October of 2021 to receive Tribal input on the possible changes. The
Commission reviewed all comments received as part of the consultation
process.
Commenters at the consultation phase requested the addition of
language to the settlement procedures specifying that ``the NIGC will
consider any and all such requests to enter into settlement
negotiations in good faith.'' The Commission declines to add this
language. It is unclear whether this comment is directed to the full
Commission, who will decide whether to grant a stay of proceedings for
the purposes of settlement negotiations between the Chair and the other
party, or whether this comment is directed at the Chair. In any event,
in the context of agency adjudications, the U.S. Supreme Court found
that agency members are presumed to act in good faith, with honesty and
integrity. See Withrow v. Larkin, 421 U.S. 35, 47 (1975). Therefore,
the addition is unnecessary.
Additionally, based on comments received, the Commission omitted
the proposed change permitting the Chair to respond to motions.
Instead, the Commission proposes to limit the motions that may be filed
in proceedings before the Commission to those listed in the regulation
and prohibit the Chair from responding.
II. Regulatory Matters
Unfunded Mandate Reform Act
The Commission, as an independent regulatory agency, 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
determined that the rule does not have significant takings
implications. A takings implication assessment is not required.
Civil Justice Reform
In accordance with Executive Order 12988, the Commission has
determined that the rule does not unduly burden the judicial system and
meets the requirements of sections 3(a) and 3(b)(2) of the Order.
National Environmental Policy Act
The Commission has determined that the 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, 42 U.S.C. 4321, et seq.
Paperwork Reduction Act
The information collection requirements contained in this rule were
previously approved by the Office of Management and Budget 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 committed to fulfilling
its Tribal consultation obligations--whether directed by statute or
administrative action such as Executive Order (E.O.) 13175
(Consultation and Coordination with Indian Tribal Governments)--by
adhering to the consultation framework described in its Consultation
Policy published July 15, 2013. The NIGC's consultation policy
specifies that it will consult with Tribes on Commission Action with
Tribal Implications, which is defined as: Any Commission regulation,
rulemaking, policy, guidance, legislative proposal, or operational
activity that may have a substantial direct effect on an Indian Tribe
on matters including, but not limited to the ability of an Indian Tribe
to regulate its Indian gaming; an Indian Tribe's formal relationship
with the Commission; or the consideration of the Commission's trust
responsibilities to Indian Tribes.
Pursuant to this policy, on June 9 and September 13, 2021, the
National Indian Gaming Commission sent Notices of Consultation
announcing that the Agency intended to consult on a number of topics,
including proposed changes to the appeals regulations. The Commission
held three virtual consultation sessions in September and October of
2021 to receive Tribal input on the possible changes.
List of Subjects in 25 CFR Part 585
Administrative practice and procedure, Appeals gambling, Indian-
lands, Reporting and recordkeeping requirements.
[[Page 48617]]
Therefore, for reasons stated in the preamble, 25 CFR part 585 is
amended as follows:
PART 585--APPEALS TO THE COMMISSION ON WRITTEN SUBMISSIONS OF
NOTICES OF VIOLATION, PROPOSED CIVIL FINE ASSESSMENTS, ORDERS OF
TEMPORARY CLOSURE, THE CHAIR'S DECISIONS TO VOID OR MODIFY
MANAGEMENT CONTRACTS, THE COMMISSION'S PROPOSALS TO REMOVE A
CERTIFICATE OF SELF-REGULATION, AND NOTICES OF LATE FEES AND LATE
FEE ASSESSMENTS
0
1. The authority citation for part 585 continues to read as follows:
Authority: 25 U.S.C. 2706, 2710, 2711, 2713, 2715, 2717.
0
2. Revise Sec. 585.4 to read as follows:
Sec. 585.4 Are motions permitted?
(a) Only motions for extension of time under Sec. 580.4(f) of this
subchapter, motions to supplement the record under Sec. 581.5 of this
subchapter, motions to intervene under Sec. 585.5, and motions for
reconsideration under Sec. 581.6 of this subchapter, are permitted.
(b) The Chair shall not, either individually or through counsel,
respond to motions.
0
3. Add Sec. 585.8 to read as follows:
Sec. 585.8 What is the process for pursuing settlement in an appeal
to the Commission?
(a) General. At any time after the commencement of a proceeding,
but before the date scheduled for the Commission to issue a final
decision under Sec. 585.7, the parties may jointly move to stay the
proceeding for a reasonable time to permit negotiation of a settlement
or an agreement disposing of the whole or any part of the proceeding.
(b) Content. Any agreement disposing of the whole or any part of a
proceeding shall also provide:
(1) A waiver of any further proceedings before the Commission
regarding the specific matter(s) settled under the agreement; and
(2) That the agreement shall constitute dismissal of the appeal of
the specific matter(s) settled, a final order of the Commission, and
final agency action.
(c) Submission. Before the expiration of the time granted for
negotiations, the parties or their authorized representatives may:
(1) Notify the Commission that the parties have reached a full or
partial settlement and have agreed to dismissal of all or part of the
action, subject to compliance with the terms of the settlement
agreement; or
(2) Inform the Commission that an agreement cannot be reached.
(d) Disposition. If the parties enter into a full or partial
settlement agreement, it shall constitute: full or partial dismissal of
the appeal, as applicable; a final order of the Commission; and final
agency action.
Dated: August 2, 2022.
E. Sequoyah Simermeyer,
Chairman.
Jeannie Hovland,
Vice Chair.
[FR Doc. 2022-16976 Filed 8-9-22; 8:45 am]
BILLING CODE 7565-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 10, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.