Rule2025-18911
Facility License Notifications
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
September 29, 2025
Effective
November 28, 2025
Issuing agencies
Interior DepartmentNational Indian Gaming Commission
Abstract
The National Indian Gaming Commission is modifying the deadline for a tribe to submit notice that it is considering issuing a new facility license.
Full Text
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<title>Federal Register, Volume 90 Issue 186 (Monday, September 29, 2025)</title>
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[Federal Register Volume 90, Number 186 (Monday, September 29, 2025)]
[Rules and Regulations]
[Pages 46470-46471]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18911]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 559
RIN 3141-AA83
Facility License Notifications
AGENCY: National Indian Gaming Commission.
ACTION: Direct final rule.
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SUMMARY: The National Indian Gaming Commission is modifying the
deadline for a tribe to submit notice that it is considering issuing a
new facility license.
DATES: This direct final rule is effective November 28, 2025, unless
significant adverse comments are received by October 29, 2025. If this
direct final rule is withdrawn because of such comments, timely notice
of the withdrawal will be published in the Federal Register.
ADDRESSES: National Indian Gaming Commission, 1849 C Street NW, Mail
Stop 1621, Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: Jo-Ann M. Shyloski at 202-632-7003 or
write to <a href="/cdn-cgi/l/email-protection#dbb2b5bdb49bb5b2bcb8f5bcb4ad"><span class="__cf_email__" data-cfemail="f29b9c949db29c9b9591dc959d84">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
Class II and Class III gaming conducted under the Indian Gaming
Regulatory Act (IGRA) must occur on Indian lands as defined by the
IGRA, 25 U.S.C. 2703(4), 2710(a)(2) and (d)(1). Also, gaming on lands
acquired into trust by the United States for the benefit of a tribe
after the IGRA's effective date of October 17, 1988, is generally
prohibited, unless one of several exceptions in 25 U.S.C. 2719 are met.
Importantly, the National Indian Gaming Commission possesses
jurisdiction only over gaming facilities and operations on Indian lands
and therefore must establish its jurisdiction as a prerequisite to
monitoring them and enforcing the IGRA. 25 U.S.C. 2702(3), 2710(a)(2)
and (d)(1)(A)(iii), 2713(a)(1). In 2008, the National Indian Gaming
Commission (Commission) promulgated Facility License Notification
Standards in part to ensure that each place, facility, or location
where Class II or Class III gaming will occur is located on Indian
lands eligible for gaming as required by the IGRA.
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 agencies to review all
regulations for consistency with law and Administration policy;
identify certain classes of regulations; and rescind or modify these
regulations. Subsequently, Presidential Memorandum, Directing the
Repeal of Unlawful Regulations, instructed agencies to immediately
effectuate the repeal of any regulation, or the portion thereof, that
exceeds the agency's statutory authority or is otherwise unlawful.
IGRA explicitly mandates tribes issue a separate license for each
place, facility, or location on Indian lands at which Class II and
Class III gaming is conducted. 25 U.S.C. 2710(b)(1) and (d)(1)(A)(ii).
In the spirit of Executive Order 14219 and the Presidential Memorandum,
the Commission removes the 120-day notice requirement for tribes
considering the issuance of a facility license, because the 120-day
notice period is not explicitly required in the IGRA. Instead, notice
that a tribe intends to issue a new facility license is due any time
before opening any new place, facility, or location.
III. Regulatory Matters
Regulatory Planning and Review (Executive Orders 12866 and 13563)
Executive Order 12866, as reaffirmed by Executive Order 13563,
provides that the Office of Management and Budget's (OMB's) Office of
Information and Regulatory Affairs (OIRA) will review all rules to
determine if they are significant. OIRA has determined that this rule
is not significant.
Notice and Comment
The APA permits agencies to finalize some rules without first
publishing a proposed rule in the Federal Register. This exception is
limited to cases where the agency has ``good cause'' to find that the
notice-and-comment process would be ``impracticable, unnecessary, or
contrary to the public interest.'' Here, the Commission possesses good
cause to conclude that a notice and comment period is unnecessary since
the removal of the exact deadline in the facility license notification
and submission regulations is noncontroversial and unlikely to result
in an adverse comment. Consequently, the Commission may directly
publish this direct final rule replacing the precise deadline of the
facility license notification with a broader and more flexible
deadline. This action will be effective 60 days from the date of this
Federal Register document unless significant adverse comments are
received within 30 days. If this direct final rule is withdrawn because
of such comments, timely notice of the withdrawal will be published in
the Federal Register and the NIGC will begin new rulemaking by
announcing a proposed rule.
[[Page 46471]]
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 proposed 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
3141-0012.
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 relatively new
Consultation Policy, adopted October 31, 2022. 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.
Because 25 CFR 559.2 currently has a 120-day-before-opening notice
requirement for all facility licenses under consideration, the removal
of that deadline to any time before-opening is uncontroversial. Also,
given the removal of the 120-day-before-opening notice, the expedited
60-day review period is no longer necessary and is removed as well. And
adverse comments are unlikely. Consequently, the Commission proceeds
with the issuance of this direct final rule.
List of Subjects in 25 CFR Part 559
Gambling, Indian--Indian lands, Indians--tribal government,
Notification and submission requirements--facility licenses.
For the reasons discussed in the preamble, the Commission amends 25
CFR part 559 as follows:
PART 559--FACILITY LICENSE NOTIFICATIONS AND SUBMISSIONS
0
1. The authority citation for part 559 continues to read as follows:
Authority: 25 U.S.C. 2701, 2702(3), 2703(4), 2705, 2706(b)(10),
2710, 2719.
0
2. Amend Sec. 559.2 by revising paragraph (a) to read as follows:
Sec. 559.2 When must a tribe notify the Chair that it is considering
issuing a new facility license?
(a) A tribe shall submit to the Chair a notice that a facility
license is under consideration for issuance before opening any new
place, facility, or location on Indian lands where class II or III
gaming will occur.
* * * * *
Sharon M. Avery,
Acting Chair.
Jean Hovland,
Vice Chair.
[FR Doc. 2025-18911 Filed 9-26-25; 8:45 am]
BILLING CODE 7565-01-P
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</html>Indexed from Federal Register on September 29, 2025.
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