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Federal Register / Vol. 86, No. 229 / Thursday, December 2, 2021 / Proposed Rules
by 44 U.S.C. 3501, et seq., and assigned OMB Control Number 31410007.
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 Governmentsby adhering to the consultation framework described in its Consultation Policy published July 15, 2013. The NIGCs 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 tribes formal relationship with the Commission; or the consideration of the Commissions trust responsibilities to Indian tribes.
Pursuant to this policy, on June 9, 20201, 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 fee regulations.
List of Subjects in 25 CFR Part 514
Administrative practice and procedure, Gambling, Indian, Indians lands, Indianstribal government, Indiansbusiness and finance.
For the reasons discussed in the Preamble, the Commission proposes to revise its regulations at 25 CFR part 514
as follows:
PART 514FEES
1. The authority citation for part 514
continues to read as follows:

Authority: 25 U.S.C. 2706, 2710, 2717, 2717a.

2. Amend 514.4 by revising paragraph f and adding paragraph g to read as follows:

lotter on DSK11XQN23PROD with PROPOSALS1

514.4 How does a gaming operation calculate the amount of the annual fee it owes?

f The amounts wagered that the gaming operation can demonstrate were issued by the gaming operation as promotional credits may be excluded from the total amount of money wagered.

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g Unless otherwise provided by regulation, generally accepted accounting principles shall be used.
Dated: November 18, 2021, Washington, DC.
E. Sequoyah Simermeyer, Chairman.
FR Doc. 202125838 Filed 12121; 8:45 am BILLING CODE 756501P

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission 25 CFR Part 537
RIN 3141AA58

Background Investigations for Persons or Entities With a Financial Interest in or Having a Management Responsibility for a Management Contract National Indian Gaming Commission, Department of the Interior.
ACTION: Notice of proposed rulemaking.
AGENCY:

The National Indian Gaming Commission proposes to amend its procedures for processing a request for approval of a management contract under the Indian Gaming Regulatory Act. The proposed amendments make the following changes to the current regulations. The regulations will now require a background investigation of all persons who have 10 percent or more direct or indirect financial interest in a management contract. The regulations will also require a background investigation of all entities with 10
percent or more financial interest in a management contract. The regulations now require a background investigation of any other person or entity with a direct or indirect financial interest in a management contract otherwise designated by the Commission. The regulations authorize the Chair, either by request or unilaterally, to exercise discretion to reduce the scope of the information to be furnished and background investigation to be conducted for certain entities.
DATES: Written comments on this proposed rule must be received on or before January 3, 2022.
ADDRESSES: You may submit comments by any one of the following methods, however, please note that comments sent by electronic mail are strongly encouraged.
D Federal eRulemaking Portal: Go to https www.regulations.gov. Follow the instructions for submitting comments.
D Email comments to: information@
nigc.gov.
SUMMARY:

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D Mail comments to: National Indian Gaming Commission, 1849 C Street NW, MS 1621, Washington, DC 20240.
D Fax comments to: National Indian Gaming Commission at 2026320045.
FOR FURTHER INFORMATION CONTACT:
Heather McMillan Nakai at 202 632
7003 or by fax 202 6327066 these numbers are not toll free.
SUPPLEMENTARY INFORMATION:
I. Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire.
Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal.
II. Background The Indian Gaming Regulatory Act IGRA or Act, Public Law 100497, 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. On January 22, 1993, the NIGC
published a final rule in the Federal Register called Background Investigations for Person or Entities with a Financial Interest in a Management Contract, 58 FR 5831. The rule added a new part to the Commissions regulations implementing the mandates of the Indian Gaming Regulatory Act of 1988 by establish the requirements and procedures for the approval of management contracts concerning Indian gaming operations and the conduct of related background investigations. The Commission has substantively amended them numerous times, most recently in 2012 77 FR
47516.
III. Development of the Rule On, June 9, 20201, 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 management contract process. Prior to consultation, the Commission released proposed discussion drafts of the regulations for review. The proposed amendment to the management contract regulations were intended to improve the Agencys efficiency in processing management agreements and background investigations, clarify existing regulations, and provide guidance on extending management contracts. The Commission held two virtual
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