[Federal Register: July 2, 2008 (Volume 73, Number 128)]
[Proposed Rules]
[Page 37907-37910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy08-49]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 293
RIN 1076-AE99
Class III Tribal State Gaming Compact Process
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Indian Affairs (BIA) proposes to establish
procedures for Indian tribes and States to submit Tribal-State compacts
and compact amendments, governing the conduct of class III gaming
activities on the tribe's Indian lands located within that State, for
review and approval by the Secretary of the Interior.
DATES: Comments must be received on or before September 2, 2008.
ADDRESSES: You may submit comments on the rule, identified by the
number 1076-AE99, by any of the following methods:
Federal rulemaking portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-273-3153.
Mail: Ms. Paula Hart, Acting Director, Office of Indian
Gaming, Office of the Deputy Assistant Secretary--Policy and Economic
Development, 1849 C Street, NW, Mail Stop 3657-MIB, Washington, DC
20240.
Hand delivery: Office of Indian Gaming, Office of the
Deputy Assistant Secretary--Policy and Economic Development, 1849 C
Street, NW., Room 3657-MIB, Washington, DC, from 9 a.m. to 4 p.m.,
Monday through Friday.
Note that requests for comments on the rule and the information
collection are separate. Comments on the information collection
requirements should be sent to: Office of Management and Budget, Office
of Information and Regulatory Affairs, Attention: Desk Officer for the
Department of the Interior, by e-mail at http://www.OIRA_
DOCKET@omb.eop.gov or, by facsimile at (202) 395-6566.
Please also send a copy of your comments on information collection
requirements to the Office of Indian Gaming at the above address.
FOR FURTHER INFORMATION CONTACT: Paula Hart, Acting Director, Office of
Indian Gaming, (202) 219-4066.
SUPPLEMENTARY INFORMATION: The authority to issue this document is
vested in the Secretary of the Interior by 5 U.S.C. 301 and 25 U.S.C.
2, 9, and 2710. The Secretary has delegated this authority to the
Assistant Secretary--Indian Affairs by part 209 of the Departmental
Manual.
Background
The Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2701-2721, was
signed into law on October 17, 1988. IGRA, 25 U.S.C. 2710, authorizes
class III gaming activities on Indian lands when authorized by an
approved ordinance, located in a State that permits such gaming and
conducted in conformance with a Tribal-State compact. IGRA, 25 U.S.C.
2710(d)(8)(A), (B) and (C), authorizes the Secretary to approve,
disapprove or consider approved a Tribal-State compact or compact
amendment and publish notice of that approval or considered approval in
the Federal Register. The submission process for the Tribal-State
compact or compact amendment is not clear. Therefore this proposed rule
establishes procedures for submitting Tribal-State compacts and compact
amendments.
Procedural Requirements
Regulatory Planning and Review (Executive Order 12866)
In accordance with the criteria in Executive Order 12866, this rule
is not a significant regulatory action and is not subject to review by
the Office of Management and Budget (OMB).
(a) This rule will not have an economic effect of $100 million or
adversely affect an economic sector, productivity, jobs, the
environment, or other units of government.
(b) This rule will not create serious inconsistencies or otherwise
interfere with an action taken or planned by another Federal agency.
BIA is the only governmental agency that approves Tribal-State compacts
and compact amendments.
(c) This rule will not materially affect entitlements, grants, user
fees, loan programs, or the rights and obligations of their recipients.
This rule sets out the procedures for the submission of Tribal-State
compacts and compact amendments.
(d) This rule will not raise novel legal or policy issues.
Regulatory Flexibility Act
The Department of the Interior certifies that this document will
not have a significant economic effect on a substantial number of small
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
Indian tribes are not considered to be small entities for the purposes
of this Act.
Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
[[Page 37908]]
a. Does not have an annual effect on the economy of $100 million or
more.
b. Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
c. Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Unfunded Mandates Reform Act
This rule does not impose an unfunded mandate on State, local or
tribal governments or the private sector of more than $100 million per
year. The rule does not have a significant or unique effect on State,
local or tribal government or the private sector. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
Takings Implication Assessment (Executive Order 12630)
In accordance with Executive Order 12630, the Department has
determined that this rule does not have significant takings
implications. The rule does not pertain to the ``taking'' of private
property interests, nor does it impact private property. A takings
implication assessment is not required.
Federalism (Executive Order 13132)
In accordance with Executive Order 13121, the Department has
determined that this rule does not have significant Federalism
implications because it does not substantially and directly affect the
relationship between the Federal and State governments and does not
impose costs on States or localities. A Federalism Assessment is not
required.
Civil Justice Reform (Executive Order 12988)
In accordance with Executive Order 12988, the Office of the
Solicitor has determined that this rule does not unduly burden the
judicial system and meets the applicable standards provided in sections
3(a) and 3(b)(2) of Executive Order 12988. The rule contains no
drafting errors or ambiguity and is written to minimize litigation,
provides clear standards, simplify procedures, reduces burden, and are
clearly written. The rule does not preempt any statute.
National Environmental Policy Act
The Department has determined that this 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.
Paperwork Reduction Act
The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq.,
prohibits a Federal agency from conducting or sponsoring a collection
of information that requires OMB approval, unless such approval has
been obtained and the collection requires displays a currently valid
OMB control number. Nor is any person required to respond to an
information collection request that has not complied with the PRA. This
regulation requires an information collection under the Paperwork
Reduction Act of 1955 at Sec. 293.9. The information is submitted to
fulfill requirements for approval of a Tribal-State compact or compact
amendment and it is used by the Bureau to determine whether the tribe
has met the criteria required by 25 CFR part 293. All information is
collected in the tribe's submission of a Tribal-State compact or
compact amendment. It is estimated that a tribe's application will need
360 hours to complete. The tribe will maintain the records as would any
business; the Bureau maintains official files. In accordance with 44
U.S.C. 3507(d), BIA has submitted the information and recordkeeping
requirements of this proposed rule to OMB for review and approval.
The Bureau invites comments on the information collection
requirements of this proposed rule. You may submit comments to the Desk
Officer for the Department of Interior by e-mail at OIRA_
DOCKET@omb.eop.gov or by facsimile at (202) 365-6566. Please send a
copy of your comments to BIA at the location specified under the
heading ADDRESSES.
You can receive a copy of BIA's submission to OMB by contacting the
person listed in the FOR FURTHER INFORMATION CONTACT section, or by
requesting the information from the BIA Information Collection
Clearance Officer, 625 Herndon Parkway, Herndon, VA 20970.
Comments should address: (1) Whether the collection of information
is necessary for the proper performance of the Program, including the
practical utility of the information to the BIA; (2) the accuracy of
the BIA's burden estimates; (3) ways to enhance the quality, utility,
and clarity of the information collected; and (4) ways to minimize the
burden of collection of information on the respondents, including the
use of automated collection techniques or other forms of information
technology.
Organizations and individuals who submit comments on the
information collection requirements should be aware that the Department
keeps such comments available for public inspection during regular
business hours. If you wish to have your name and address withheld from
public inspection, you must state this prominently at the beginning of
any comments you make. The Department will honor your request to the
extent allowable by law. We may withhold the information for other
reasons.
Consultation and Coordination With Indian Tribal Governments (Executive
Order 13175)
In accordance with the President's memorandum of May 14, 1988,
``Consultation and Coordination with Indian Tribal Governments'' (63 FR
27655), and Executive Order 13175, we have conducted consultation
sessions with tribal governments on the development of proposed
regulations to establish procedures for submitting Tribal-State
compacts and compact amendments. Consultation sessions with tribal
governments were conducted on the following dates and at the following
locations: April 9, 2008 in Albuquerque, New Mexico and on April 23,
2008 in San Diego, California. The draft regulation was modified to
reflect comments received during the consultation, as well as written
comments received from Indian tribes.
Effects on the Nation's Energy Supply (Executive Order 13211)
This rule does not have a significant effect on the nation's energy
supply, distribution, or use as defined by Executive Order 13211.
Clarity of This Rule
Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following:
(1) Are the requirements in the rule clearly stated?
(2) Does the rule contain technical language or jargon that
interferes with its clarity?
(3) Does the format of the rule (grouping and order of sections,
use of headings, paragraphing, etc.) aid or reduce its clarity?
(4) Would the rule be easier to understand if it were divided into
more (but shorter) sections? (A ``section'' appears in bold type and is
preceded by the symbol ``Sec. and a numbered heading; for example,
Sec. 293.8 Who can submit a compact or amendment?)
[[Page 37909]]
(5) Is the description of the rule in the SUPPLEMENTARY INFORMATION
section of the preamble helpful in understanding the proposed rule?
(6) What else could we do to make the rule easier to understand?
Send a copy of any comments that concern how we could make this
rule easier to understand to: Office of Regulatory Affairs, Department
of the Interior, Room 7229, 1849 C Street, NW., Washington, DC 20240.
Public Comment Solicitation
If you wish to comment on the rule, please see the different
methods listed in the ADDRESSES section. Before including your address,
phone number, e-mail address, or other personal identifying information
in your comments, you should be aware that your entire comments--
including your personal identifying information--may be publicly
available at any time. While you can ask us in your comment to withhold
your personal identifying information from public review, we cannot
guarantee that we will be able to do so.
List of Subjects in 25 CFR Part 293
Indians--business and finance, Indians--gaming.
Dated: May 22, 2008.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
For reasons stated in the preamble, the Bureau of Indian Affairs
proposes to amend 25 CFR chapter I by adding part 293, to read as
follows:
PART 293--CLASS III TRIBAL STATE GAMING COMPACT PROCESS
Sec.
293.1 What is the purpose of this part?
293.2 How are key terms defined in this part?
293.3 What is a compact?
293.4 What authority does the Secretary have to approve or
disapprove compacts and amendments?
293.5 When should the Indian tribe or State submit a compact or a
compact amendment for review and approval?
293.6 Are technical amendments subject to review and approval?
293.7 Are extensions of compacts and amendments subject to review
and approval?
293.8 Who can submit a compact or amendment?
293.9 What documents must be submitted with a compact or amendment?
293.10 Where should a compact or amendment be submitted for review
and approval?
293.11 How long will the Secretary take to review a compact or
amendment?
293.12 When will the 45-day timeline be triggered?
293.13 What happens if the Secretary does not act on the compact or
amendment within the 45-day review period?
293.14 Who can withdraw a compact or amendment after it has been
received by the Secretary?
293.15 When may the Secretary disapprove a compact or amendment?
293.16 When does an approved or considered-to-have-been-approved
compact or amendment take effect?
293.17 How does the Paperwork Reduction Act affect this part?
Authority: 5 U.S.C. 301; 25 U.S.C. 2, 9, 2710.
Sec. 293.1 What is the purpose of this part?
This part contains:
(a) Procedures that Indian tribes and States must use when
submitting Tribal-State compacts and compact amendments to the
Department of the Interior; and
(b) Criteria that the Secretary will use for approval or
disapproval of such Tribal-State compacts or compact amendments.
Sec. 293.2 How are key terms defined in this part?
(a) For purposes of this part, all terms have the same meaning as
set forth in the definitional section of the Indian Gaming Regulatory
Act of 1988, 25 U.S.C. 2703 and any amendments thereto.
(b) As used in this part:
(1) Compact means a class III Tribal-State gaming compact, and
(2) Amendment means an amendment to a class III Tribal-Stategaming
compact.
Sec. 293.3 What is a compact?
A compact is an agreement negotiated between an Indian tribe and a
State governing the conduct of class III gaming activities on the
tribe's Indian lands located within that State.
Sec. 293.4 What authority does the Secretary have to approve or
disapprove compacts and amendments?
The Secretary has the authority to approve compacts or amendments
``entered into'' by an Indian tribe and a State, as evidenced by the
appropriate signature of both parties.
Sec. 293.5 When should the Indian tribe or State submit a compact or
a compact amendment for review and approval?
The Indian tribe or State should submit the compact or amendment
after it has been legally entered into by both parties.
Sec. 293.6 Are technical amendments subject to review and approval?
No. Technical, non-substantive amendments can be agreed upon by the
parties without requiring Secretarial approval under the Indian Gaming
Regulatory Act. However, substantive amendments of the terms of the
compact must be approved by the Secretary. A substantive amendment is
one that potentially implicates any of the three statutory reasons
available to the Secretary to disapprove a compact listed in Sec.
293.15.
Sec. 293.7 Are extensions of compacts and amendments subject to
review and approval?
Yes. Extensions to compacts or amendments are subject to review and
approval.
Sec. 293.8 Who can submit a compact or amendment?
Either party (Indian tribe or State) to a compact or amendment can
submit the compact or amendment to the Secretary for review and
approval.
Sec. 293.9 What documents must be submitted with a compact or
amendment?
(a) Documentation submitted with a compact or amendment must
include:
(1) At least one original compact or amendment executed by both the
tribe and the State; and
(2) A tribal resolution or other document, including the date and
place of adoption and the result of any vote taken, that certifies that
the tribe has adopted the compact or amendment in accordance with
applicable tribal law;
(b) The Secretary may request any other documentation necessary to
determine whether to approve or disapprove the compact or amendment.
Sec. 293.10 Where should a compact or amendment be submitted for
review and approval?
Compacts and amendments must be submitted to the Director, Office
of Indian Gaming, U.S. Department of the Interior, 1849 C Street, NW.,
Mail Stop 3657, Main Interior Building, Washington, DC 20240.
Sec. 293.11 How long will the Secretary take to review a compact or
amendment?
(a) The Secretary must approve or disapprove a compact or amendment
within 45 consecutive calendar days after receiving the compact or
amendment.
(b) The Indian tribe and the State will be notified in writing of
the Secretary's decision to approve or disapprove a compact or
amendment.
Sec. 293.12 When will the 45-day timeline be triggered?
The 45-day timeline will be triggered when a compact or amendment
is received and date stamped in the Office of Indian Gaming at the
address listed in Sec. 293.10.
[[Page 37910]]
Sec. 293.13 What happens if the Secretary does not act on the compact
or amendment within the 45-day review period?
If the Secretary neither affirmatively approves nor disapproves a
compact or amendment within the 45-day review period, the compact or
amendment is considered to have been approved, but only to the extent
it complies with the provisions of the Indian Gaming Regulatory Act.
Sec. 293.14 Who can withdraw a compact or amendment after it has been
received by the Secretary?
To withdraw a compact or amendment after it has been received by
the Secretary, the Indian tribe and State must submit a written request
to the Director, Office of Indian Gaming at the address listed in Sec.
293.10.
Sec. 293.15 When may the Secretary disapprove a compact or amendment?
The Secretary may disapprove a compact or amendment only if it
violates:
(a) Any provision of the Indian Gaming Regulatory Act;
(b) Any other provision of Federal law that does not relate to
jurisdiction over gaming on Indian lands; or
(c) The trust obligations of the United States to Indians.
Sec. 293.16 When does an approved or considered-to-have-been-approved
compact or amendment take effect?
(a) An approved or considered-to-have-been-approved compact or
amendment takes effect on the date that notice of its approval is
published in the Federal Register.
(b) The notice of approval must be published in the Federal
Register within 90 days from the date the compact or amendment is
received by the Office of Indian Gaming.
Sec. 293.17 How does the Paperwork Reduction Act affect this part?
The information collection requirements contained in Sec. 293.9
have been approved by the OMB under the Paperwork Reduction Act of
1995, 44 U.S.C. 3507(d), and assigned control number 01XX. A federal
agency may not conduct or sponsor, and you are not required to respond
to, a collection of information unless it displays a currently valid
OMB control number.
[FR Doc. E8-14951 Filed 7-1-08; 8:45 am]
BILLING CODE 4310-02-P
