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NIGC Archives

August 13, 2010

Final Environmental Impact Statement for the Ione Band of Miwok Indians 228.04-Acre Fee-to-Trust Land Transfer and Casino Project, Amador County, California

SUMMARY: This notice advises the public that the Bureau of Indian Affairs (BIA) as lead agency, with the National Indian Gaming Commission, the U.S. Environmental Protection Agency (USEPA), and the City of Plymouth as cooperating agencies, intends to file a Final Environmental Impact Statement (FEIS) with the USEPA for the approval of a 228.04-acre trust acquisition and casino project in the City of Plymouth and unincorporated Amador County, California, and that the FEIS is now available for public review. The purpose of the proposed action is to establish a land base and help provide for the economic development of the Tribe.

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February 26, 2010

Proposed Appointment to the National Indian Gaming Commission

SUMMARY: The Indian Gaming Regulatory Act provides for a three-person National Indian Gaming Commission. One member, the chairman, is appointed by the President with the advice and consent of the Senate. Two associate members are appointed by the Secretary of the Interior. Before appointing members, the Secretary is required to provide public notice of a proposed appointment and allow a comment period. Notice is hereby given of the proposed appointment of Daniel J. Little as an associate member of the National Indian Gaming Commission for a term of 3 years.

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January 19, 2010

Amendments to Various National Indian Gaming Commission

SUMMARY: On July 27, 2009 (74 FR 36926), the National Indian Gaming Commission (``NIGC'') published a final rule updating various NIGC regulations and streamlining procedures. On August 25, 2009 (74 FR 42275), NIGC extended the effective date of the changes made by the final rule to December 31, 2009. This publication corrects inadvertent errors left in Sec. 514.1 of the final rule so that fees and fee statements are due on June 30th and December 31st of each calendar year, not on March 1st and August 1st as originally published.

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October 9, 2009

Minimum Internal Control Standards for Class II Gaming

SUMMARY: The National Indian Gaming Commission (``NIGC'') announces the extension of the effective date on the final rule for Minimum Internal Control Standards for Class II Gaming. The final rule was published in the Federal Register on October 10, 2008. The Commission has changed the effective date for the amendments to Sec. Sec. 542.7 and 542.16 as well as the date for operations to implement tribal internal controls found in 543.3(c)(3) to October 13, 2010, in order to extend the transition time.

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July 28, 2009

Privacy Act Procedures

SUMMARY: The purpose of this document is to propose to amend the procedures followed by the National Indian Gaming Commission (Commission) when processing a request under the Privacy Act of 1974. The proposed amendments make the following changes to the current regulations. Section 515.3 changes the address of the Commission, provides a list of items to include in requests to the Commission, and provides the necessary requirements for third party requests. Section 515.4 includes the Commission policy for dealing with other agencies and designates an individual responsible for making initial Privacy Act determinations. Section 515.5 explains what constitutes an adverse determination. Section 515.6 changes the time for appeals of adverse determinations from 180 days to 30 days. Section 515.8 details when the Commission is required to provide an accounting of the records it discloses. Finally, Section 515.12 updates the list of records that are exempt from disclosure under the Privacy Act.

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July 27, 2009

Amendments to Various National Indian Gaming Commission Regulations

SUMMARY: The final rule modifies various Commission regulations to reduce by half the fee reporting burdens on tribes, remove obsolete provisions, clarify existing appellate procedures, update and clarify management contract procedures and costs for background investigations, clarify various definitions and licensing notices, update audit requirements to allow for simplified and consolidated reporting in certain circumstances, and add gaming on ineligible lands to the class of substantial violations warranting immediate closure.

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January 26, 2009

Amendments to Various National Indian Gaming Commission Regulations

SUMMARY: The National Indian Gaming Commission (``NIGC'') announces the extension of the comment period on the proposed rule concerning various amendments to the National Indian Gaming Commission regulations. The proposed rule was published in the Federal Register on December 22, 2008 (73 FR 78242). The NIGC is extending the comment period to March 9, 2009.

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December 22, 2008

Amendments to Various National Indian Gaming CommissionRegulations

SUMMARY: The proposed rule modifies various Commission regulations to reduce reporting burdens on tribes, update costs for background investigations, clarify definitions and regulatory intent, and update audit requirements to consolidate and reflect industry standards.

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December 9, 2008

Fee Rate

SUMMARY: Notice is hereby given, pursuant to 25 CFR 514.1(a) (3), that the National Indian Gaming Commission has adopted final annual fee rates of 0.00% for tier 1 and 0.057% (.00057) for tier 2 for calendar year 2008. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self regulation under 25 CFR part 518, the final fee rate on class II revenues for calendar year 2008 shall be one-half of the annual fee rate, which is 0.0285% (.000285).

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October 10, 2008

Minimum Internal Control Standards for Class II Gaming

SUMMARY: This rule supersedes certain specified sections of the current Minimum Internal Control Standards and replaces them with a new part titled Minimum Internal Control Standards for Class II Gaming. Since the implementation of Minimum Internal Control Standards (MICS), it became obvious that the MICS require technical adjustments and revisions so that they can effectively protect tribal assets, while still allowing tribes to utilize technological advances in the gaming industry. This rule applies only to Class II games.

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Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games

SUMMARY: The rule adds a new part to the Commission's regulations establishing technical standards for Class II games--bingo, lotto, other games similar to bingo, pull tabs, and ``instant bingo''--that are played using ``electronic, computer, or other technologic aids'' as parts of a Class II gaming system. The rule establishes a process for ensuring the integrity of such games and aids--examination by an independent testing laboratory and approval by the tribal gaming regulatory authority--before being made available to the public for play in a tribal gaming operation. The standards will assist tribal gaming regulatory authorities and operators in ensuring the integrity and security of Class II gaming and the accountability of Class II gaming revenue. The standards will also provide guidance to equipment manufacturers and distributors of Class II gaming systems.

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Classification Standards for Bingo, Lotto, Other Games Similar to Bingo, Pull Tabs and Instant Bingo as Class II Gaming When Played Through an Electronic Medium Using ``Electronic, Computer, or Other Technologic Aids''

SUMMARY: The National Indian Gaming Commission is withdrawing the proposed Classification standards published in the Federal Register on October 24, 2007. (72 FR 60483.)

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Definition for Electronic or Electromechanical Facsimile; Classification Standards for Bingo, Lotto, etc.; Withdrawal of Proposed Rules

SUMMARY: The National Indian Gaming Commission is withdrawing the proposed modification to the definition of ``Electronic or electromechanical facsimile'' published in the Federal Register on October 24, 2007. (72 FR 60482.)

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June 18, 2008

Submission of Information Collection Under the Paperwork Reduction Act; Reinstatement

SUMMARY: The National Indian Gaming Commission (``NIGC'' or ``Commission''), in accordance with the Paperwork Reduction Act, is seeking reinstatement of the approval for collection of information for the following information collection activities: (1) Compliance and Enforcement under the Indian Gaming Regulatory Act (IGRA); (2) Privacy Act Procedures; (3) Approval of Class II/Background Investigation Tribal Licenses; (4) Management Contract Regulations; (5) Freedom of Information Act Procedures; (6) National Environmental Policy Act Procedures; (7) Annual Fees Payable by Indian Gaming Operations; (8) Issuance of Certificates of Self Regulation to Tribes for Class II Gaming; (9) Minimum Internal Control Standards. These information collections have expired.

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April 11, 2008

Notice of Cancellation of the Environmental Impact Statement for the Proposed Big Sandy Casino and Resort, Fresno County, CA

SUMMARY: This notice advises the public that the National Indian Gaming Commission (NIGC) is no longer participating in the preparation of the Environmental Impact Statement (EIS) for the Big Sandy Casino and Resort to be located in Fresno County, CA. The NIGC's federal action that was being evaluated was approval of a management contract between the Big Sandy Rancheria of Mono Indians (Tribe) and QBS, LLC. On October 19, 2007 and at the request of the Tribe, the management contract approval request was deemed withdrawn. As a result, the NIGC no longer has a federal action that requires compliance with NEPA and is therefore no longer participating in the preparation of the EIS for the Big Sandy Casino and Resort.

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March 17, 2008

Notice of Approval of Class III Tribal Gaming Ordinances

SUMMARY: The purpose of this notice is to inform the public of class III gaming ordinances approved by the Chairman of the National Indian Gaming Commission.

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March 6, 2008

Fee Rate

SUMMARY: Notice is hereby given, pursuant to 25 CFR 514.1(a)(3), that the National Indian Gaming Commission has adopted preliminary annual fee rates of 0.00% for tier 1 and 0.057% (.00057) for tier 2 for calendar year 2008. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation under 25 CFR part 518, the preliminary fee rate on class II revenues for calendar year 2008 shall be one-half of the annual fee rate, which is 0.0285% (.000285)

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February 1, 2008

Facility License Standards

SUMMARY: The rule adds new sections and a new part to the Commission's regulations that require tribes to adopt and enforce standards for facility licenses. These standards will help the Commission ensure that each place, facility or location where class II or class III gaming will occur is located on Indian lands eligible for gaming as required by the Indian Gaming Regulatory Act. The rules will ensure that gaming facilities are constructed, maintained and operated in a manner that adequately protects the environment and the public health and safety.

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January 17, 2008

Classification Standards for Bingo, Lotto, Other Games Similar to Bingo, Pull Tabs and Instant Bingo as Class II Gaming When Played Through an Electronic Medium Using ``Electronic, Computer, or Other Technologic Aids''

SUMMARY: The National Indian Gaming Commission (``NIGC'') announces the extension of the comment period on the proposed rule concerning Classification Standards for Bingo, Lotto, Other Games Similar to Bingo, Pull Tabs and Instant Bingo as Class II Gaming When Played Through an Electronic Medium Using ``Electronic, Computer, or Other Technologic Aids.'' The proposed rule was published in the Federal Register on October 24, 2007 (72 FR 60483). The NIGC is extending the comment period to March 9, 2008.

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Definition for Electronic or Electromechanical Facsimile

SUMMARY: The National Indian Gaming Commission (``NIGC'') announces the extension of the comment period on the proposed rule concerning the Definition for Electronic or Electromechanical Facsimile. The proposed rule was published in the Federal Register on October 24, 2007 (72 FR 60482). The NIGC is extending the comment period to March 9, 2008.

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Minimum Internal Control Standards for Class II Gaming

SUMMARY: The National Indian Gaming Commission (``NIGC'') announces the extension of the comment period on the proposed rule concerning Minimum Internal Control Standards for Class II Gaming. The proposed rule was published in the Federal Register on October 24, 2007 (72 FR 60495). The NIGC is extending the comment period to March 9, 2008.

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Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games

SUMMARY: The National Indian Gaming Commission (``NIGC'') announces the extension of the comment period on the proposed rule concerning Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games. The proposed rule was published in the Federal Register on October 24, 2007 (72 FR 60508). The NIGC is extending the comment period to March 9, 2008.

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November 28, 2007

Class II Classification Standards

SUMMARY: This notice extends the period for comments on the burden, estimates or any other aspects of the information collection requirements for the proposed Class II game classification standards (72 FR 60483) published in the Federal Register on October 24, 2007.

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Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games

SUMMARY: This notice extends the period for comments on the burden, estimates or any other aspects of the information collection requirements of the proposed Class II technical standards (72 FR 60508) published in the Federal Register on October 24, 2007.

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November 16, 2007

Notice of Extension of Comment Period

SUMMARY: This notice extends the period for comments on the proposed definition for electronic or electromechanical facsimile (72 FR 60482), Class II game classification standards (72 FR 60483), Class II technical standards (72 FR 60495), and Class II minimum internal control standards (72 FR 60508) published in the Federal Register on October 24, 2007.

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October 24, 2007

Classification Standards for Bingo, Lotto, Other Games Similar to Bingo, Pull Tabs and Instant Bingo as Class II Gaming When Played Through an Electronic Medium Using ``Electronic, Computer, or Other Technologic Aids''

SUMMARY: The proposed rule clarifies the terms Congress used to define Class II gaming. First, the proposed rule further revises the definitions for ``electronic or electromechanical facsimile'' and ``other games similar to bingo.'' The Commission defined these terms in 1992, revised the definitions in 2002, and proposed further revisions to the term ``electronic or electromechanical facsimile'' separate from this proposed revision. The Commission adds a new Part to its regulations that explains the basis for determining whether a game of bingo or lotto, ``other game similar to bingo,'' or a game of pull-tabs or ``instant bingo,'' meets the IGRA statutory requirements for Class II gaming, when such games are played electronically, primarily through an ``electronic, computer or other technologic aid,'' while distinguishing them from Class III ``electronic or electromechanical facsimiles.'' This new part also establishes a process for assuring that such games are Class II before placement of the games in a Class II tribal gaming operation. This process contains information collection requirements. The Commission has submitted the information collection request to OMB for approval.

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Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games

SUMMARY: The proposed rule would add a new part to the Commission's regulations establishing technical standards for Class II games--bingo, lotto, other games similar to bingo, pull tabs, or ``instant bingo''-- that are played using ``electronic, computer, or other technologic aids.'' The proposed rule would also establish a process for ensuring the integrity of such games and aids before their placement in a Class II tribal gaming operation. No such standards currently exist. The Commission proposes this action in order to assist tribal gaming regulatory authorities and operators in ensuring the integrity and security of Class II games and the accountability of gaming revenue.

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Definition for Electronic or Electromechanical Facsimile

SUMMARY: The proposed rule revises the definition of a term Congress used to define Class II gaming. Specifically, the proposed rule revises the definition for ``electronic or electromechanical facsimile'' that appears in the Commission's regulations. The Commission defined these terms in 1992 and revised the definitions in 2002. The proposed rule offers further revision.

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Minimum Internal Control Standards for Class II Gaming

SUMMARY: In response to the inherent risks and the need for effective controls in tribal gaming, the Commission, in January 1999, developed minimum internal control standards (MICS). Since their original implementation, it has become obvious that the MICS require technical adjustments and revisions so that they continue to be effective in protecting tribal assets, while still allowing tribes to utilize technological advances in the gaming industry. The current MICS are specific to the conduct of a wagering game without regards to whether the game is classified as a Class II or Class III game. This proposed rule is intended to supersede certain specified sections of the current MICS and replace them with a new part titled Minimum Internal Control Standards for Class II Gaming.

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October 18, 2007

Facility License Standards

SUMMARY: The proposed rules add new sections and a new part to the Commission's regulations in order to ensure that each place, facility or location where class II or class III gaming will occur is located on Indian lands eligible for gaming as required by the Indian Gaming Regulatory Act. The rules are also intended to ensure that gaming facilities are constructed, maintained and operated in a manner that adequately protects the environment and the public health and safety.

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May 16, 2007

Draft Environmental Impact Statement and Draft Conformity Determination for the Proposed Federated Indians of the Graton Rancheria Casino and Hotel Project, Sonoma, CA

SUMMARY: This notice extends the comment period for the Federated Indians of the Graton Rancheria's Draft Environmental Impact Statement (DEIS) for a proposed casino and hotel project/action to be located in Sonoma, California. Notice of the availability of the DEIS and Draft Conformity Determination were published in the Federal Register on March 9, 2007 (72 FR 10790).

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April 30, 2007

Semiannual Regulatory Agenda

SUMMARY: The National Indian Gaming Commission (NIGC) today is publishing an agenda of its open and anticipated rulemaking actions. The agenda is a general announcement to the public intended to provide notice of rulemaking actions in which the public may wish to participate. In the future, the NIGC intends to issue notices of proposed rulemaking, advance notices of proposed rulemaking, or final rules for the following: rules establishing classification standards for gaming machines; rules establishing technical standards for gaming machines and associated equipment; rules revising the audit standards that apply to Indian gaming facilities; rules revising Privacy Act procedures; rules establishing a process for the assessment, notification, and collection of debts owed the NIGC; rules revising tribal background investigation submission requirements and timing; rules concerning hearings and appeals procedures; rules revising the scope and review of management contracts; rules concerning the definitions of ``electronic or electromechanical facsimile,'' ``net gaming revenue,'' ``sole proprietary interest,'' and ``key employee''; rules concerning gaming facility licensing standards; rules concerning administrative fees; rules revising and updating the civil fines provisions; rules concerning technical amendments to the NIGC's Minimum Internal Control Standards (MICS); and rules concerning background investigations and licenses for key employees and primary management officials. The NIGC invites questions and public comment on individual agenda items.

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March 9, 2007

Notice of Availability of a Draft Environmental Impact Statement and a Draft Conformity Determination for the proposed Federated Indians of the Graton Rancheria Casino and Hotel Project, Sonoma, CA

SUMMARY: In accordance with Section 102(2)(C) of the National Environmental Policy Act (NEPA) 42 U.S.C. 4321 et seq., the NIGC, in cooperation with the Federated Indians of the Graton Rancheria (the ``Graton Rancheria''), has prepared a Draft Environmental Impact Statement (DEIS) for a proposed casino and hotel project/action to be located in Sonoma, California. The purpose of the proposed project/action is to help address the socio-economic needs of the Graton Rancheria.

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March 2, 2007

Fee Rate

SUMMARY: Notice is hereby given, pursuant to 25 CFR 514.1(a)(3), that the National Indian Gaming Commission has adopted preliminary annual fee rates of 0.00% for tier 1 and 0.059% (.00059) for tier 2 for calendar year 2007. These rates shall apply to all assessable gross revenues from each gaming operation under the jurisdiction of the Commission. If a tribe has a certificate of self-regulation under 25 CFR part 518, the preliminary fee rate on class II revenues for calendar year 2007 shall be one-half of the annual fee rate, which is 0.0295% (.000295).

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February 15, 2007

Class II Definitions and Game Classification Standards; Withdrawal

SUMMARY: The purpose of this document is to notify the public that the National Indian Gaming Commission is withdrawing the proposed regulations published in the Federal Register on May 25, 2006 (71 FR 30232, 71 FR 30238).

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Technical Standards for Electronic, Computer, or Other Technologic Aids Used in the Play of Class II Games; Withdrawal

SUMMARY: This is to notify the public that the National Indian Gaming Commission is withdrawing the proposed rule published in the Federal Register on August 11, 2006. (71 FR 46335.)

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