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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Proposed Rules Federal eRulemaking Portal: Go to http www.regulations.gov. Follow the instructions for submitting comments.
Email: information@nigc.gov.
Mail: National Indian Gaming Commission, 1849 C Street NW, MS
1621, Washington, DC 20240.
Fax comments to: National Indian Gaming Commission at 2026320045.
Hand Delivery: National Indian Gaming Commission, 90 K Street NE, Suite 200, Washington, DC 20002, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Rea Cisneros, National Indian Gaming Commission; Telephone: 202 632
7003.
SUPPLEMENTARY INFORMATION:

III. Regulatory Matters
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 establishes the National Indian Gaming Commission NIGC or Commission and sets out a comprehensive framework for the regulation of gaming on Indian lands. On February 1, 2008, the NIGC
published a final rule in the Federal Register called Facility License Notifications and Submissions, 73 FR
6019. The rule amended the thencurrent facility license regulations to provide for an expedited review to confirm a tribes submittal of facility license information; to require notice to the NIGC when a tribe issues, renews, or terminates a facility license; to streamline the submittal of certain information relating to the construction, maintenance, and operation of a gaming facility; and to provide that a tribe need not submit a notification of seasonal or temporary closures of less than 180
days.
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III. Development of the Proposed 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 Facility License notifications and submission requirements. Prior to consultation, the
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Commission released proposed discussion drafts of the regulations for review. The proposed amendments to the regulations were intended to implement flexibilities for a tribe to submit the notification of a new facility if the facility does not have an existing physical address at the time of submission.
The Commission held two virtual consultation sessions in July 2021 to receive tribal input on the possible changes. The Commission reviewed all comments and now proposes these changes which it believes will allow Tribes greater flexibility in submitting facility license notifications and afford the Agency greater efficiency in processing the applications.
Regulatory Flexibility Act The proposed 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 proposed rule is not a major rule under 5 U.S.C. 8042, the Small Business Regulatory Enforcement Fairness Act. The rulemaking does not have an effect on the economy of $100
million or more. The rulemaking 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. 15021;
2 U.S.C. 6581.
Takings In accordance with Executive Order 12630, the Commission has determined that the proposed 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 proposed rule does not unduly
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burden the judicial system and meets the requirements of sections 3a and 3b2 of the Order.
National Environmental Policy Act The Commission has determined that the proposed 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 proposed rule were previously approved by the Office of Management and Budget 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 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, 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 management contract process.
List of Subjects in 25 CFR Part 559
Gambling, Indianlands, Indian tribal government, Reporting and recordkeeping requirements.
Therefore, for reasons stated in the preamble, 25 CFR part 559 is amended as follows:

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