Rule2022-20235
Submission of Gaming Ordinance or Resolution
Primary source
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Published
September 21, 2022
Effective
October 21, 2022
Issuing agencies
Interior DepartmentNational Indian Gaming Commission
Abstract
The National Indian Gaming Commission (NIGC) is amending the procedures for Submission of Gaming Ordinance or Resolution under the Indian Gaming Regulatory Act. The amendment revises the regulations controlling the submission and approval requirements of tribal gaming ordinances or resolutions and amendments thereof. Notably, the rule: authorizes the submission of documents in electronic or physical form; clarifies that the submission requirements apply to amendments of ordinances or resolutions; eliminates the requirement that an Indian tribe provide copies of all gaming regulations with its submission and instead requires a tribe to submit gaming regulations only upon request; initiates the 90-day deadline for the NIGC Chair ruling upon receipt of a complete submission; requires tribes that subsequently amend a gaming ordinance pending before the Chair to provide an authentic resolution withdrawing the pending submission and resubmitting the revised submission; and eliminates the requirement that the NIGC Chair publish a tribe's entire gaming ordinance in the Federal Register, requiring notice of approval to be published with the Chair's approval letter instead. In addition, the NIGC has made other non-substantive revisions, such as citation to cross references, minor grammatical revisions, and formatting changes.
Full Text
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<title>Federal Register, Volume 87 Issue 182 (Wednesday, September 21, 2022)</title>
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[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57590-57595]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20235]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 522
RIN 3141-AA73
Submission of Gaming Ordinance or Resolution
AGENCY: National Indian Gaming Commission.
ACTION: Final rule.
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SUMMARY: The National Indian Gaming Commission (NIGC) is amending the
procedures for Submission of Gaming Ordinance or Resolution under the
Indian Gaming Regulatory Act. The
[[Page 57591]]
amendment revises the regulations controlling the submission and
approval requirements of tribal gaming ordinances or resolutions and
amendments thereof. Notably, the rule: authorizes the submission of
documents in electronic or physical form; clarifies that the submission
requirements apply to amendments of ordinances or resolutions;
eliminates the requirement that an Indian tribe provide copies of all
gaming regulations with its submission and instead requires a tribe to
submit gaming regulations only upon request; initiates the 90-day
deadline for the NIGC Chair ruling upon receipt of a complete
submission; requires tribes that subsequently amend a gaming ordinance
pending before the Chair to provide an authentic resolution withdrawing
the pending submission and resubmitting the revised submission; and
eliminates the requirement that the NIGC Chair publish a tribe's entire
gaming ordinance in the Federal Register, requiring notice of approval
to be published with the Chair's approval letter instead. In addition,
the NIGC has made other non-substantive revisions, such as citation to
cross references, minor grammatical revisions, and formatting changes.
DATES: Effective October 21, 2022.
FOR FURTHER INFORMATION CONTACT: Michael Hoenig, National Indian Gaming
Commission; 1849 C Street NW, MS 1621, Washington, DC 20240. Telephone:
(202) 632-7003.
SUPPLEMENTARY INFORMATION:
I. 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 establishes the National Indian Gaming Commission (NIGC or
Commission) and sets out a comprehensive framework for the regulation
of gaming on Indian lands.
On January 22, 1993, the NIGC published a final rule in the Federal
Register called Submission of Gaming Ordinance or Resolution. 58 FR
5810. The rule added part 522, which established a process for Indian
tribes to submit a gaming ordinance, resolution, or amendment for the
NIGC Chair's review and approval as required by 25 U.S.C. 2710(b)(2)
and (d)(2)(a). The NIGC's intent was to assist tribal gaming operators
with maintaining compliance with IGRA and implement its provisions
germane to gaming ordinances or resolutions. The Commission promulgated
three minor amendments thereafter. 58 FR 16494, 73 FR 6029, and 80 FR
31994.
On March 23, 1993, the Commission amended its submission
requirements at Sec. 522.2(h) to include identification of a law
enforcement agency that will take fingerprints and a description of the
procedures for conducting a criminal history check by a law enforcement
agency. 58 FR 16494.
On February 1, 2008, the Commission amended part 522's submission
requirements to codify that a tribe shall provide Indian lands or
environmental and public health and safety documentation upon the NIGC
Chair's request, 25 U.S.C. 2710(b), (2)(e), and (d)(1). 73 FR 6029.
On June 5, 2015, the Commission amended part 522 to remove and
update references to other regulations and make minor grammatical
changes. 80 FR 31994.
It has been approximately twenty-nine years since the NIGC first
promulgated part 522, with few revisions. During the intervening
period, Indian gaming has undergone a meteoric expansion. During that
expansion, the NIGC has continued to utilize part 522, and continues to
look for ways to improve the regulations. The amendments reflect the
Agency's intent to ensure that NIGC regulations meet the needs of the
tribal gaming industry.
Through this rule, the NIGC amends its regulations to make several
changes. The Commission will no longer require the submission of a
physical copy of the ordinance. This rule will authorize the submission
of documents in electronic or physical form, saving time and preventing
inadvertent delays in review. The Commission will publish an updated
bulletin that includes directions for electronic submission.
The amendment also clarifies that the 90-day deadline for the NIGC
Chair's decision to approve an ordinance does not begin until the NIGC
has received a complete submission and that the submission requirements
apply to amendments of ordinances or resolutions. Submission of
amendments will also require the submission of a conformed copy of the
Ordinance.
The Commission also recognizes that a tribe's gaming ordinance
often creates the tribal regulatory authority that will draft and
implement the tribe's gaming regulations. As such, the Commission is
amending the rule to eliminate the requirement that a tribe provide
copies of all gaming regulations with its submission. Instead, tribes
will only be required to submit gaming regulations upon request.
In most circumstances, if the NIGC identifies any issues during an
ordinance review period that may lead to a disapproval recommendation
to the Chair, it will discuss those issues with the submitting tribe
and allow for the tribe to address the issues before a final decision
is made by the Chair. This rule requires tribes that subsequently amend
a gaming ordinance pending the Chair's decision to provide an authentic
resolution withdrawing the pending submission and resubmitting the
revised submission.
This rule eliminates the requirement that the NIGC Chair publish a
tribe's entire gaming ordinance in the Federal Register. Instead, the
regulation will require the Agency to publish notice of each approved
ordinance and the Chair's approval letter in the Federal Register. The
Agency will continue its existing practice of publishing the ordinance
itself on the NIGC's website.
Finally, the NIGC has made other non-substantive revisions, such as
corrections to cross references, minor grammatical revisions, and
formatting changes.
II. 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 gaming
ordinance or resolution submission process. Prior to consultation, the
Commission released proposed discussion drafts of the regulations for
review. The proposed amendment to the gaming ordinance or resolution
submission regulations were intended to improve the Agency's efficiency
in processing gaming ordinance or resolution submissions, clarify
existing regulations, and eliminate unnecessary obstacles for tribal
gaming operators.
The Commission held two virtual consultation sessions in July of
2021 to receive tribal input on the possible changes. The Commission
reviewed all comments received as part of the consultation process.
After considering the comments received from the public and through
tribal consultations, the Commission published a notice of proposed
rulemaking on December 9, 2021, 86 FR 70067. The notice of proposed
rulemaking indicated that comments were due on or before January 10,
2022. On January 14, 2022, 87 FR 2384, the NIGC published a correction
to the notice of proposed rulemaking, clarifying that the comment
period would close on February 7, 2022. On June 16, 2022, 87 FR 36280,
the NIGC announced the reopening of the comment period until June 23,
2022.
[[Page 57592]]
The Commission reviewed all of the public's comments and now
proposes these changes, which it believes will improve the gaming
ordinance or resolution submission process.
III. Review of Public Comments
The Commission received the following comments in response to the
notice of proposed rulemaking.
Comment: A commenter disagreed with requiring a tribe to submit to
the Chair a copy of the tribe's constitution, governing document(s), or
an accurate and true description of the tribe's governmental entity and
authority to enact the submitted ordinance or resolution, with a
request for approval of a class II or class III ordinance or resolution
or amendment thereto. The commenter stated that the documents submitted
should be sufficient.
Response: The Commission agrees and accepts this recommendation.
Generally, a tribe submits a resolution enacted by the tribe's
governing body that indicates it was adopted pursuant to tribal law
that is signed by a tribal official who certifies the authenticity or
accuracy of the resolution that adopted the class II or class III
ordinance resolution, or amendment thereto. Generally, this is
sufficient.
IGRA requires that the Chair shall approve an ordinance or
resolution unless the Chair specifically determines that the ordinance
or resolution was not adopted in compliance with the tribe's governing
documents. 25 U.S.C. 2710(d)(2)(B). In order to make such a
determination, the Chair may need copies of the tribe's governing
documents or, for those tribes that do not have a written constitution
or governing documents, a description of the governmental organization
and authority to approve ordinances. The purpose is not to question or
interpret the tribe's law or structure, but simply to ensure that any
ordinance approved was enacted by the tribe pursuant to its own laws.
As part of its existing review process, the NIGC often requests such
documents. It proposed to add the submission here to clarify the
Chair's responsibility, not to grant the Chair additional authority.
The NIGC will meet our obligations, however, through existing internal
processes to ensure that the ordinance was adopted pursuant to the
tribe's own laws or rules. The Commission will also publish a Bulletin
discussing IGRA's requirement in this regard and the NIGC's process for
ensuring that all ordinances are adopted by the authorized body
pursuant to the tribe's governing requirements.
Comment: A commenter requested that we clarify the requirement that
a tribe identify the entity that will take fingerprints and provide a
copy of the procedures for conducting a criminal history check with a
request for approval of a class II or class III ordinance, resolution,
or amendment thereto.
Response: Currently, NIGC regulations require that a tribe provide
the identification of the law enforcement agency that will take
fingerprints and a description of the procedures for conducting a
criminal history check with a request for approval of a class II or
class III ordinance or resolution. 25 CFR 522.2(h). This requirement
relates to background investigations performed by tribes on individuals
seeking to be licensed as a key employee or primary management official
of a gaming operation. The background investigation requires the tribe
to request fingerprints from each key employee or primary management
official.
The NIGC has long taken the position that a tribe or its tribal
gaming regulatory authority qualifies as a law enforcement agency for
this limited purpose. The current revision clarifies this position by
removing the language suggesting that only traditional police agencies
can take fingerprints.
Comment: A commenter supported the removal of the requirement to
publish a tribe's class III gaming ordinance in the Federal Register
along with the Chair's approval thereof. The commenter believes that it
is a matter of tribal sovereignty for each tribe to determine whether
to make its gaming ordinance publicly available.
Response: The Commission appreciates the comment. The requirement
is being removed because IGRA requires all tribal gaming ordinances
contain the same requirements concerning a tribe's sole proprietary
interest and responsibility for the gaming activity, use of net
revenues, annual audits, health and safety, and 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).
The Commission disagrees with the commenter's opinion that the
decision to make a gaming ordinance publicly available should be
determined by each tribe. Tribal gaming ordinances provide information
of which the public, including tribal members, should be aware. This
includes informing tribal members whether the tribe has elected to make
per capita distribution, informing those seeking to be licensed as a
primary management official or key employee the standards for obtaining
a license, and informing patrons of a gaming operation the procedures
for resolving disputes between the gaming public and the tribe. For
this reason, the Commission posts every ordinance and approval thereof
on its website (<a href="http://www.nigc.gov">www.nigc.gov</a>) under General Counsel, Gaming Ordinances.
IV. Regulatory Matters
Regulatory Flexibility Act
The rule will not have a significant impact on a substantial number
of small entities as defined under the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. Moreover, Indian tribes are not considered small
entities for the purposes of the Regulatory Flexibility Act.
Small Business Regulatory Enforcement Fairness Act
The rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. The rule does not have an
effect on the economy of $100 million or more. The rule will not cause
a major increase in costs or prices for consumers, individual
industries, Federal, State, local government agencies or geographic
regions. Nor will the rule have a significant adverse effect on
competition, employment, investment, productivity, innovation, or the
ability of the enterprises to compete with foreign based enterprises.
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 section 3(a) and 3(b)(2) of the order.
[[Page 57593]]
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 (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 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 consultation policy specifies
that it will consult with tribes on Commission Actions 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, 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 gaming ordinance or resolution submission and approval
process.
List of Subjects in 25 CFR Part 522
Gambling, Indian--lands, Indian--tribal government, Reporting and
recordkeeping requirements.
0
Therefore, for reasons stated in the preamble, the Commission revises
25 CFR part 522 to read as follows:
PART 522--SUBMISSION OF GAMING ORDINANCE OR RESOLUTION
Sec.
522.1 Scope of this part.
522.2 Submission requirements.
522.3 Amendment.
522.4 Amendment approvals and disapprovals.
522.5 Approval requirements for class II ordinances.
522.6 Disapproval of a class II ordinance.
522.7 Approval requirements for class III ordinances.
522.8 Disapproval of a class III ordinance.
522.9 Publication of class III ordinance and approval.
522.10 Approval by operation of law.
522.11 Individually owned class II and class III gaming operations
other than those operating on September 1, 1986.
522.12 Individually owned class II gaming operations operating on
September 1, 1986.
522.13 Revocation of class III gaming.
Authority: 25 U.S.C. 2706, 2710, 2712.
Sec. 522.1 Scope of this part.
This part applies to any class II or class III gaming ordinance or
resolution, or amendment thereto adopted by a tribe.
Sec. 522.2 Submission requirements.
A tribe shall submit to the Chair via electronic or physical mail
all of the following information with a request for approval of a class
II or class III ordinance or resolution, or amendment thereto:
(a) One copy of an ordinance or resolution certified as authentic
by an authorized tribal official that meets the approval requirements
in Sec. 522.5(b) or Sec. 522.7.
(b) A copy of the procedures to conduct or cause to be conducted
background investigations on key employees and primary management
officials and to ensure that key employees and primary management
officials are notified of their rights under the Privacy Act as
specified in Sec. 556.2 of this chapter;
(c) A copy of the procedures to issue tribal licenses to primary
management officials and key employees promulgated in accordance with
Sec. 558.3 of this chapter;
(d) When an ordinance or resolution concerns class III gaming, a
copy of any approved tribal-state compact or class III procedures as
prescribed by the Secretary that are in effect at the time the
ordinance or amendment is passed;
(e) A copy of the procedures for resolving disputes between the
gaming public and the tribe or the management contractor;
(f) A copy of the designation of an agent for service under Sec.
519.1 of this chapter; and
(g) Identification of the entity that will take fingerprints and a
copy of the procedures for conducting a criminal history check. Such a
criminal history check shall include a check of criminal history
records information maintained by the Federal Bureau of Investigation.
(h) A tribe shall provide Indian lands or tribal gaming regulations
or environmental and public health and safety documentation that the
Chair may request in the Chair's discretion. The tribe shall have 30
days from receipt of a request for additional documentation to respond.
Sec. 522.3 Amendment.
(a) Within 15 days after adoption, a tribe shall submit for the
Chair's approval, via electronic or physical mail, any amendment to an
ordinance or resolution.
(b) A tribe shall submit to the Chair all of the following
information with a request for approval of an amendment:
(1) One copy of the amendment certified as authentic by an
authorized tribal official;
(2) Any submission under Sec. 522.2(b) through (h) that has been
modified since it prior conveyance to the Chair for an ordinance,
resolution, or amendment approval; and
(3) A conforming copy of the entire ordinance or resolution.
Sec. 522.4 Amendment approvals and disapprovals.
(a) No later than 90 days after the submission of any amendment to
a class II ordinance or resolution the Chair shall approve the
amendment if the Chair finds that:
(1) A tribe meets the amendment submission requirements of Sec.
522.3(b); and
(2) The amendment complies with Sec. 522.5(b).
(b) No later than 90 days after a tribe submits any amendment to a
class II ordinance for approval, the Chair may disapprove the amendment
if the Chair determines--
(1) A tribe failed to comply with the amendment submission
requirements of Sec. 522.3; or
(2) The amendment does not comply with Sec. 522.5(b).
(c) No later than 90 days after the submission of any amendment to
a class III ordinance or resolution, the Chair shall approve the
amendment if the Chair finds that--
(1) A tribe meets the amendment submission requirements of Sec.
522.3(b); and
(2) The amendment complies with Sec. 522.7(b) and (c).
(d) No later than 90 days after a tribe submits any amendment to a
class III ordinance for approval, the Chair may disapprove the
amendment if the Chair determines that--
(1) A tribal governing body did not adopt the amendment in
compliance
[[Page 57594]]
with the governing documents of the tribe;
(2) The amendment does not comply with Sec. 522.7(b) and (c); or
(3) A tribal governing body was significantly and unduly influenced
in the adoption of the amendment by a person having a direct or
indirect financial interest in a management contract, a person having
management responsibility for a management contract, or their agents.
(e) The Chair shall notify a tribe of its right to appeal a
disapproval under part 582 of this chapter. A disapproval shall be
effective immediately unless appealed under part 582 of this chapter.
Sec. 522.5 Approval requirements for class II ordinances.
No later than 90 days after the submission to the Chair including
all materials required under Sec. 522.2, the Chair shall approve the
class II ordinance or resolution if the Chair finds that:
(a) A tribe meets the submission requirements contained in Sec.
522.2; and
(b) The class II ordinance or resolution provides that--
(1) The tribe shall have the sole proprietary interest in and
responsibility for the conduct of any gaming operation unless it elects
to allow individually owned gaming under either Sec. 522.11 or Sec.
522.12;
(2) A tribe shall use net revenues from any tribal gaming or from
any individually owned games only for one or more of the following
purposes:
(i) To fund tribal government operations or programs;
(ii) To provide for the general welfare of the tribe and its
members (if a tribe elects to make per capita distributions, the plan
must be approved by the Secretary of the Interior under 25 U.S.C.
2710(b)(3));
(iii) To promote tribal economic development;
(iv) To donate to charitable organizations; or
(v) To help fund operations of local government agencies;
(3) A tribe shall cause to be conducted independent audits of
gaming operations annually and shall submit the results of those audits
to the Commission;
(4) All gaming related contracts that result in purchases of
supplies, services, or concessions for more than $25,000 in any year
(except contracts for professional legal or accounting services) shall
be specifically included within the scope of the audit conducted under
paragraph (b)(3) of this section;
(5) A tribe shall perform background investigations and issue
licenses for key employees and primary management officials according
to requirements that are at least as stringent as those in parts 556
and 558 of this chapter;
(6) A tribe shall issue a separate license to each place, facility,
or location on Indian lands where a tribe elects to allow class II
gaming; and
(7) A tribe shall construct, maintain and operate a gaming facility
in a manner that adequately protects the environment and the public
health and safety.
(c) A tribe that subsequently amends a gaming ordinance pending
before the Chair shall also provide an authentic resolution withdrawing
the pending submission and resubmitting the revised submission.
Sec. 522.6 Disapproval of a class II ordinance.
(a) No later than 90 days after a tribe submits an ordinance for
approval under Sec. 522.2, the Chair may disapprove an ordinance if it
determines that a tribe failed to comply with the requirements of Sec.
522.2 or Sec. 522.5(b).
(b) The Chair shall notify a tribe of its right to appeal under
part 582 of this chapter. A disapproval shall be effective immediately
unless appealed under part 582 of this chapter.
Sec. 522.7 Approval requirements for class III ordinances.
No later than 90 days after the submission to the Chair under Sec.
522.2, the Chair shall approve the class III ordinance or resolution
if:
(a) A tribe meets the submission requirements contained in Sec.
522.2;
(b) The ordinance or resolution meets the requirements contained in
Sec. 522.5(b)(2) through (7); and
(c) The tribe shall have the sole proprietary interest in and
responsibility for the conduct of any gaming operation unless it elects
to allow individually owned gaming under Sec. 522.11.
Sec. 522.8 Disapproval of a class III ordinance.
(a) Notwithstanding compliance with the requirements of Sec. 522.7
and no later than 90 days after a submission under Sec. 522.2, the
Chair shall disapprove an ordinance or resolution if the Chair
determines that:
(1) A tribal governing body did not adopt the ordinance or
resolution in compliance with the governing documents of the tribe; or
(2) A tribal governing body was significantly and unduly influenced
in the adoption of the ordinance or resolution by a person having a
direct or indirect financial interest in a management contract, a
person having management responsibility for a management contract, or
their agents.
(b) The Chair shall notify a tribe of its right of appeal a
disapproval under part 582 of this chapter. A disapproval shall be
effective immediately unless appealed under part 582 of this chapter.
Sec. 522.9 Publication of class III ordinance and approval.
The Chair shall publish notice of approval of class III tribal
gaming ordinances or resolutions in the Federal Register, along with
the Chair's approval thereof.
Sec. 522.10 Approval by operation of law.
If the Chair fails to approve or disapprove an ordinance,
resolution, or amendment thereto submitted under Sec. 522.2 or Sec.
522.3 within 90 days after the date of submission to the Chair, the
tribal ordinance, resolution, or amendment thereto shall be considered
to have been approved by the Chair but only to the extent that such
ordinance, resolution, or amendment thereto is consistent with the
provisions of the Indian Gaming Regulatory Act (IGRA or Act) and this
chapter.
Sec. 522.11 Individually owned class II and class III gaming
operations other than those operating on September 1, 1986.
For licensing of individually owned gaming operations other than
those operating on September 1, 1986 (addressed under Sec. 522.12), a
tribal ordinance shall require:
(a) That the gaming operation be licensed and regulated under an
ordinance or resolution approved by the Chair;
(b) That income to the tribe from an individually owned gaming
operation be used only for the purposes listed in Sec. 522.4(b)(2);
(c) That not less than 60 percent of the net revenues be income to
the tribe;
(d) That the owner pay an assessment to the Commission under Sec.
514.1 of this chapter;
(e) Licensing standards that are at least as restrictive as those
established by State law governing similar gaming within the
jurisdiction of the surrounding State; and
(f) Denial of a license for any person or entity that would not be
eligible to receive a State license to conduct the same activity within
the jurisdiction of the surrounding State. State law standards shall
apply with respect to purpose, entity, pot limits, and hours of
operation.
[[Page 57595]]
Sec. 522.12 Individually owned class II gaming operations operating
on September 1, 1986.
For licensing of individually owned gaming operations operating on
September 1, 1986, under Sec. 502.3(e) of this chapter, a tribal
ordinance shall contain the same requirements as those in Sec.
522.11(a) through (d).
Sec. 522.13 Revocation of class III gaming.
A governing body of a tribe, in its sole discretion and without the
approval of the Chair, may adopt an ordinance or resolution revoking
any prior ordinance or resolution that authorizes class III gaming.
(a) A tribe shall submit to the Chair one copy of any revocation
ordinance or resolution certified as authentic by an authorized tribal
official.
(b) The Chairman shall publish such ordinance or resolution in the
Federal Register and the revocation provided by such ordinance or
resolution shall take effect on the date of such publication.
(c) Notwithstanding any other provision of this section, any person
or entity operating a class III gaming operation on the date of
publication in the Federal Register under paragraph (b) of this section
may, during a one-year period beginning on the date of publication,
continue to operate such operation in conformance with a tribal-state
compact.
(d) A revocation shall not affect:
(1) Any civil action that arises during the one-year period
following publication of the revocation; or
(2) Any crime that is committed during the one-year period
following publication of the revocation.
Dated: September 14, 2022.
E. Sequoyah Simermeyer,
Chairman.
Jeannie Hovland
Vice Chair.
[FR Doc. 2022-20235 Filed 9-20-22; 8:45 am]
BILLING CODE 7565-01-P
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