Rule2022-27034
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
December 16, 2022
Effective
January 17, 2023
Issuing agencies
Interior DepartmentNational Indian Gaming Commission
Abstract
The National Indian Gaming Commission (NIGC or Commission) amends its regulations regarding appeal before the Commission to include a settlement procedure and to limit the motions that may be filed during an appeal before the Commission.
Full Text
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<title>Federal Register, Volume 87 Issue 241 (Friday, December 16, 2022)</title>
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[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Rules and Regulations]
[Pages 76928-76930]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27034]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 585
RIN 3141-AA75
Appeals to the Commission
AGENCY: National Indian Gaming Commission, Interior.
ACTION: Final rule.
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SUMMARY: The National Indian Gaming Commission (NIGC or Commission)
amends its regulations regarding appeal before the Commission to
include a settlement procedure and to limit the motions that may be
filed during an appeal before the Commission.
DATES: Effective January 17, 2023.
FOR FURTHER INFORMATION CONTACT: Michael Hoenig, 1849 C Street NW, Mail
Stop #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 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 on
proposed fines, temporary closure orders, and removals of a certificate
of self-regulation. Also through regulatory action, the Commission has
afforded appeals for notices 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 rule
augments the appeals regulations by inserting a comprehensive
settlement procedure for appeals under part 585, rectifying its absence
in the current regulations, and limits the motions permitted during an
appeal.
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 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
[[Page 76929]]
October of 2021 to receive tribal input on the possible changes. The
Commission reviewed all comments received as part of the consultation
process.
Upon reviewing the comments received during the consultation
period, the Commission published a notice of proposed rulemaking
(``NPRM'') on August 10, 2022. 87 FR 48615. The NPRM invited interested
parties to participate in the rulemaking process by submitting comments
and any supporting data to the NIGC by September 9, 2022.
III. Review of Public Comments
The Commission received no comments to the proposed rule.
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 to be
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 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 (OMB) as
required by 44 U.S.C. 3501 et seq. and assigned OMB Control Number
3141-0007.
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, 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 written submissions appeal process. Specifically, the
Commission sought consultation on whether it should invite, direct, or
grant leave to the Chair to file or respond to motions or add a
comprehensive settlement procedure. On July 27, 2021, and July 28,
2021, the Commission held two virtual consultations on the proposed
changes.
List of Subjects in 25 CFR Part 585
Administrative practice and procedure, Gambling, Indians--lands,
Penalties.
For the reasons set forth in the preamble, the Commission amends 25
CFR part 585 as follows:
PART 585--APPEALS TO THE COMMISSION
0
1. The authority citation for part 585 continues to read as follows:
Authority: 25 U.S.C. 2706, 2710, 2711, 2712, 2713, 2715, 2717.
0
2. Revise Sec. 585.4(a) 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.
* * * * *
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
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applicable; a final order of the Commission; and final agency action.
Edward Simermeyer,
Chairman.
Jean Hovland,
Vice Chair.
[FR Doc. 2022-27034 Filed 12-15-22; 8:45 am]
BILLING CODE 7565-01-P
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</html>Indexed from Federal Register on December 16, 2022.
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