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Proposed Rules
Federal Register Vol. 86, No. 229
Thursday, December 2, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission 25 CFR Part 514
RIN 3141AA77

Fees National Indian Gaming Commission, Department of the Interior.
ACTION: Proposed rule.
AGENCY:

The National Indian Gaming Commission proposes to amend agency procedures for calculating the amount of annual fee a gaming operation owes the National Indian Gaming Commission.
The proposed amendments will allow a gaming operation to exclude certain promotional credits from the calculation of Assessable Gross Gaming Revenue.
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 http www.regulations.gov. Follow the instructions for submitting comments.
D Email comments to: information@
nigc.gov.
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:
Austin Badger at 202 6327003 or by fax 202 6327066 these numbers are not toll free.
SUPPLEMENTARY INFORMATION:
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SUMMARY:

I. 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
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for the regulation of gaming on Indian lands. On August 15 1991, the NIGC
published a final rule in the Federal Register called Annual Fees Payable By Class II Gaming Operations. 58 FR 5831.
The rule added a new part to the Commissions regulations to provide direction and guidance to Class II
gaming operations to enable them to compute and pay the annual fees as authorized by the Indian Gaming Regulatory Act. The Commission has substantively amended them numerous times, most recently in 2018 83 FR
2903.
II. Development of the 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 fee regulations. Prior to consultation, the Commission released proposed discussion drafts of the regulations for review. The proposed amendment to the fee regulations were intended to provide clarity as to whether a tribal gaming operation must include certain promotional credits, commonly referred to as free play, as money wagered for purposes of calculating assessable gross revenues.
The Commission held two virtual consultation sessions in July of 2021 to receive tribal input on the possible changes.
The Commission reviewed all comments received as part of the consultation process. One comment suggested that rather than allowing a tribal gaming operation to decide whether to exclude the promotional credits, it should make the exclusion mandatory. The Commission rejected this comment for purposes of this proposed rulemaking so as to provide maximum flexibility to tribal gaming operations to decide for themselves whether to exclude the credits or not.
That being said, the Commission is especially interested in comments as to whether there would be unintended consequences if the Commission were to allow the tribal gaming operation to decide if it will deduct promotional credits.
III. Regulatory Matters Regulatory Flexibility Act The rule will not have a significant impact on a substantial number of small
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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. 8042, 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. 15021;
2 U.S.C. 6581.
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 3a and 3b2
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 as required
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