Rule2025-19063
Submission of Gaming Ordinance or Resolution
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 30, 2025
Effective
December 1, 2025
Issuing agencies
Interior DepartmentNational Indian Gaming Commission
Abstract
For the purposes of gaming ordinance or amendment submissions, the National Indian Gaming Commission is removing the requirement for a tribe to submit a copy of its procedures for resolving disputes between the gaming public and the tribe or the management contractor.
Full Text
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<title>Federal Register, Volume 90 Issue 187 (Tuesday, September 30, 2025)</title>
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[Federal Register Volume 90, Number 187 (Tuesday, September 30, 2025)]
[Rules and Regulations]
[Pages 46754-46756]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19063]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 522
RIN 3141-AA87
Submission of Gaming Ordinance or Resolution
AGENCY: National Indian Gaming Commission.
ACTION: Direct final rule.
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SUMMARY: For the purposes of gaming ordinance or amendment submissions,
the National Indian Gaming Commission is removing the requirement for a
tribe to submit a copy of its procedures for resolving disputes between
the gaming public and the tribe or the management contractor.
DATES: This direct final rule is effective December 1, 2025, unless
significant adverse comments are received by October 30, 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direct final rule is withdrawn because of such comments, timely notice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#85ecebe3eac5ebece2e6abe2eaf3"><span class="__cf_email__" data-cfemail="2d44434b426d43444a4e034a425b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
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 creating a comprehensive framework
for the regulation of gaming on Indian lands. Before conducting gaming
on Indian lands, a tribe must adopt a gaming ordinance or resolution
that is submitted to and approved 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 regulations 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 copy of the procedures. 87 FR 57593. When tribes amend
their ordinances, they must provide certain ordinance submission
requirements, including a copy of their dispute resolution 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 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.
In the spirit of Executive Order 14219 and the Presidential
Memorandum, the Commission removes the requirement for tribes to submit
a copy of its procedures for resolving disputes with the gaming public
and the tribe or management contractor, because IGRA contains no
directive about such procedures for ordinances. All but one of the
other submission requirements relate to IGRA's mandatory content for
ordinances: criminal history check, background investigation, and
licensing procedures; approved tribal-state compacts or Class III
procedures (for approval of Class III ordinances); and environmental
and public health and safety documents. 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 copy of the tribe's designation of an agent for
service, but that corresponds with IGRA's empowerment of the NIGC Chair
to issue complaints against tribal operators and management contractors
as well as levy civil fines and/or temporary closure orders for
violations of the Act, its implementing regulations, or tribal
ordinances. 25 U.S.C. 2713(a)(1) and (3), (b). If the Chair takes such
actions, a tribe's authorized representative or agent must receive them
expeditiously to enable the tribe to appeal the Chair's decisions to
the full Commission and/or request a hearing before the full Commission
about them. Both the appeals to the Commission and hearings before 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,
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
[[Page 46755]]
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 dispute resolution procedures from an ordinance or
amendment submission is noncontroversial and unlikely to result in an
adverse comment. Therefore, the Commission may directly publish this
direct final rule eliminating the requirement to submit a copy of
dispute resolution procedures with an ordinance or amendment
submission. 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.
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
3141-0003.
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 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 the Commission is abolishing the requirement to submit a
copy of dispute resolution procedures with an ordinance or an amendment
for the Chair's approval, controversy over this change and/or adverse
comments are unlikely. Accordingly, the Commission proceeds with the
issuance of this direct final rule.
List of Subjects in 25 CFR Part 522
Gambling, Indian--lands, Indian--tribal government, Reporting and
recordkeeping requirements.
For the reasons discussed in the preamble, the Commission amends 25
CFR part 522 as follows:
PART 522--SUBMISSION OF GAMING ORDINANCE OR RESOLUTION
0
1. The authority citation for part 522 continues to read as follows:
Authority: 25 U.S.C. 2706, 2710, 2712.
0
2. Revise Sec. 522.2 to read as follows:
Sec. 522.2 Submission requirements.
A tribe must 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 designation of an agent for service under Sec.
519.1 of this chapter; and
(f) 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.
(g) 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.
[[Page 46756]]
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3. In Sec. 522.3, revise paragraph (b)(2) to read as follows:
Sec. 522.3 Amendment.
* * * * *
(b) * * *
(2) Any submission under Sec. 522.2(b) through (g) that has been
modified since its prior conveyance to the Chair for an ordinance,
resolution, or amendment approval; and
* * * * *
Sharon M. Avery,
Acting Chair.
Jean Hovland,
Vice Chair.
[FR Doc. 2025-19063 Filed 9-29-25; 8:45 am]
BILLING CODE 7565-01-P
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</html>Indexed from Federal Register on September 30, 2025.
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