FR Notice for Proposed 25 CFR Part 292

Federal Register / Vol. 65, No. 179 / Thursday, September 14, 2000 / Proposed Rules
an AD and, therefore, is not covered
under Executive Order 12866, the
Regulatory Flexibility Act, or DOT
Regulatory Policies and Procedures (44
FR 11034, February 26, 1979).

General Comments

List of Subjects in 14 CFR Part 39

Electronic Access and Filing

Air transportation, Aircraft, Aviation
safety, Safety.

You may also comment via the
Internet to
[[email protected]]. Please
submit Internet comments as an ASCII
file avoiding the use of special
characters and any form of encryption.
Please also include ‘‘Attn: 1076–AD93’’
and your name and return address in
your Internet message. If you do not
receive a confirmation from the system
that we have received your Internet
message, contact the Office of Indian
Gaming Management directly at (202)
219–4066.
Finally, you may hand-deliver
comments to the Office of Indian
Gaming Management, Bureau of Indian
Affairs, 1849 C Street NW, MS–2070
MIB, Washington, DC 20240.
Our practice is to make comments,
including names and home addresses of
respondents, available for public review
during regular business hours.
Individual respondents may request that
we withhold their home address from
the rulemaking record, which we will
honor to the extent allowable by law.
There also may be circumstances in
which we would withhold from the
rulemaking record a respondent’s
identity, as allowable by law. If you
wish us to withhold your name and/or
address, you must state this
prominently at the beginning of your
comments. However, we will not
consider anonymous comments. We
will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.

The Withdrawal
Accordingly, FAA withdraws the
notice of proposed rulemaking, Docket
No. 99–CE–04–AD, which was
published in the Federal Register on
February 18, 1999 (64 FR 8022).
Issued in Kansas City, Missouri, on
September 7, 2000.
Michael Gallagher,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. 00–23586 Filed 9–13–00; 8:45 am]
BILLING CODE 4910–13–U

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 292
RIN 1076–AD93

Gaming on Trust Lands Acquired After
October 17, 1988
AGENCY: Bureau of Indian Affairs,
Interior.
ACTION: Proposed rule.
SUMMARY: This proposed rule
establishes procedures that an Indian
tribe must follow in seeking a
Secretarial determination that a gaming
establishment would be in the best
interest of the Indian tribe and its
members, and would not be detrimental
to the surrounding community. The law
requires Indian tribes to seek this
determination if the gaming
establishment will be located on land
acquired in trust after October 17, 1988,
unless the land is covered under
another statutory exemption.
DATES: Comments must be received on
or before November 13, 2000.
ADDRESSES: If you wish to comment,
you may submit your comments by any
one of several methods. See
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
George Skibine, Director, Office of
Indian Gaming Management, Bureau of
Indian Affairs, 1849 C Street NW, MS–
2070 MIB, Washington, DC 20240; by
telephone at (202) 219–4066; or by
telefax at (202) 273–3153.
SUPPLEMENTARY INFORMATION:

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You may mail comments to the Office
of Indian Gaming Management, Bureau
of Indian Affairs, 1849 C Street, NW,
MS–2070 MIB, Washington, DC 20240.

Background
The Indian Gaming Regulatory Act
(IGRA), 25 U.S.C. 2701–2721, was
signed into law on October 17, 1988.
Section 20 of IGRA, 25 U.S.C. 2719,
contains specific provisions for lands
that the Secretary of the Interior
acquired in trust for an Indian tribe after
October 17, 1988. The section says that
Indian tribes cannot conduct class II and
class III gaming on these lands acquired
in trust, unless one of several exceptions
applies. If none of the exceptions in
section 20 applies, section 20(b)(1)(A) of
IGRA provides that gaming can still
occur on the lands if:
(1) The Secretary consults with the
Indian tribe and appropriate State and

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local officials, including officials of
other nearby tribes;
(2) After consultation, the Secretary
determines that a gaming establishment
on newly acquired (trust) lands would
be in the best interest of the Indian tribe
and its members, and would not be
detrimental to the surrounding
community; and
(3) The Governor of the State in which
the gaming activity is to be conducted
concurs in the Secretary’s
determination.
This proposed rule establishes a
process for submitting and considering
applications from Indian tribes seeking
a Secretarial determination under
section 20(b)(1)(A) of IGRA. The Bureau
of Indian Affairs (BIA) issued a revised
checklist for Secretarial determinations
under this section on February 21, 1997.
The proposed rule:
(1) Adopts the standards in the
revised checklist, in modified form.
(2) Contains a process for BIA Central
Office review of a tribal application for
a Secretarial determination.
(3) Clarifies what consultation process
the Department must follow when
making a determination, and who must
be consulted.
Since IGRA was enacted, only two
tribes have successfully qualified to
operate a gaming establishment on trust
land under the exception to the gaming
prohibition in section 20(b)(1)(A) of
IGRA.
The proposed rule does not cover
determinations of whether gaming on a
specific parcel of land is exempt from
the section 20 prohibition on gaming on
after-acquired lands under any of the
other exceptions contained in section 20
of IGRA. Tribal requests for such
determinations will continue to be
processed by BIA on a case-by-case
basis.
Clarity of This Regulation
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 ‘‘§ ’’ and a numbered

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Federal Register / Vol. 65, No. 179 / Thursday, September 14, 2000 / Proposed Rules

heading; for example, § 292.4 What are
the exceptions to the prohibition on
gaming on trust lands acquired after
October 17, 1988)
(5) Is the description of the rule in the
SUPPLEMENTARY INFORMATION section of
the preamble helpful in understanding
the proposed rule? What else could we
do to make the rule easier to
understand?
Regulatory Planning and Review (E.O.
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).
This rule will not have an economic
effect of $100 million or adversely affect
an economic sector, productivity, jobs,
the environment, public health or
safety, or State, local or tribal
governments or communities. The
annual number of requests for two-part
Secretarial determinations under section
20 (b)(1)(A) of IGRA has been small.
Since IGRA was enacted, only two tribes
have successfully qualified to operate a
gaming establishment on trust land
under the exception to the gaming
prohibition in section 20 (b)(1)(A) of
IGRA. This rule will not create serious
inconsistencies or otherwise interfere
with an action taken or planned by
another Federal agency. The Department
of the Interior (DOI), BIA is the only
governmental agency that makes the
determination whether to take land into
trust for Indian tribes.
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 an
application from an Indian tribe seeking
a Secretarial determination that a
gaming establishment on land acquired
in trust after October 17, 1988, and not
coming under one of the other statutory
exemptions to the prohibition on
gaming contained in section 20 of IGRA,
would be in the best interest of the
Indian tribe and its members, and
would not be detrimental to the
surrounding community.
This rule will not raise novel legal or
policy issues. This rule is of an
administrative, technical and
procedural nature.
Regulatory Flexibility Act
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
purposes of this Act.

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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 does not have an annual effect
on the economy of $100 million or more
because it is expected that the number
of requests will be small. This rule will
not cause a major increase in costs or
prices for consumers, individual
industries, Federal, State or local
government agencies or geographic
regions and does not have significant
adverse effects on competition,
employment, investment, productivity,
innovation, or the ability to U.S.-based
enterprises to compete with foreignbased enterprises.
Unfunded Mandates Act of 1995
In accordance with the Unfunded
Mandates Reform Act (2 U.S.C. 1531 et
seq.):
The rule will not significantly or
uniquely affect small governments, or
the private sector. A Small Government
Agency Plan is not required. Additional
expenses may be incurred by the
requesting tribe to provide information
to the Secretary. See OMB 83–I, 15a.
This rule will not produce a Federal
mandate of $100 million or greater in
any year. The overall effect of this rule
will be negligible to the State, local or
tribal government or the private sector.
Takings (E.O. 12630)
In accordance with Executive Order
12630 this rule does not have significant
‘‘takings’’ implications. A takings
implication assessment is not required
because actions under this rule do not
constitute a taking.
Federalism (E.O. 13132)
In accordance with Executive Order
13132 this proposed rule does not have
significant Federalism effects to warrant
the preparation of a Federalism
Assessment. However, this rule should
not affect the relationship between State
and Federal governments because
actions in this rule apply only to a
relatively small amount of land.
Civil Justice Reform (E.O. 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 requirements of sections 3(a)
and 3(b)(2) of the Order. This rule
contains no drafting errors or ambiguity
and is written to minimize litigation,
provides clear standards, simplifies
procedures, reduces burden, and is
clearly written. These regulations do not
preempt any statute.

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Paperwork Reduction Act of 1995
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)), the Department has submitted
an information collection and a copy of
the proposed rule to OMB for review.
The collection of information is unique
for each tribe even though each
submission addresses the requirements
found in §§ 292.8, 292.9, 292.10, 292.11,
292.13, 292.14, 292.17 and 292.18.
All information is collected in the
tribe’s application. Respondents submit
information in order to obtain a benefit.
Each response is estimated to take 1,000
hours to review instructions, search
existing data sources, gather and
maintain necessary data, and prepare in
format for submission. We anticipate
that two responses will be submitted
annually for an annual burden of 2,000
hours.
Submit comments on the proposed
information collection to the Attention:
Desk Officer for the Department of the
Interior, Office of Information and
Regulatory Affairs, OMB, Room 10202,
New Executive Office Building,
Washington, DC 20503. You should also
send comments to the BIA official as
found in the ADDRESSES section. The
BIA solicits comments in order to:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the BIA, including whether
the information will have practical
utility;
(2) Evaluating the BIA’s estimate of
the burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(3) Enhancing the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond.
OMB is required to make a decision
between 30 and 60 days after
publication of this document in the
Federal Register. Therefore, your
comment to OMB has the best chance of
being considered if OMB receives it
within 30 days of publication. This does
not affect the deadline for the public to
comment to BIA on the proposed rule.
National Environmental Policy Act of
1969 (NEPA) Statement
This proposed rule does not
constitute a major Federal action
significantly affecting the quality of the
human environment and no detailed
statement is required pursuant to NEPA
because this rule is of an administrative,
technical and procedural nature.

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Federal Register / Vol. 65, No. 179 / Thursday, September 14, 2000 / Proposed Rules
Government-to-Government
Relationship With Tribes
In accordance with Executive Order
13084, issued on May 14, 1998, and 512
DM 2, we have evaluated the potential
effects upon federally recognized Indian
tribes and have determined that this
proposed rule does not significantly or
uniquely affect the communities of
Indian tribal governments. No action is
taken under this rule unless a tribe
requests a determination that a gaming
establishment on existing or proposed
trust land is in the best interest of the
tribe and its members and not
detrimental to the surrounding
community.
Drafting Information: The primary
author of this document is George
Skibine, Director, Office of Indian
Gaming Management, Bureau of Indian
Affairs, Department of the Interior.
List of Subjects in 25 CFR Part 292
Indians—gaming, Indians—lands.
For the reasons given in the preamble,
part 292 is proposed to be added to
Chapter I of Title 25 of the Code of
Federal Regulations as follows:
PART 292—GAMING ON TRUST
LANDS ACQUIRED AFTER OCTOBER
17, 1988
Sec.
292.1 What is the purpose of this part?
292.2 How are key terms defined in this
part?
292.3 When can a tribe conduct gaming
activities on trust lands acquired after
October 17, 1988?
292.4 What criteria must trust land meet for
gaming to be allowed?
292.5 Can a tribe conduct gaming activities
on lands acquired in trust after October
17, 1988 if the land does not qualify
under one of the exceptions?
292.6 Where must a tribe file an application
for a Secretarial determination?
292.7 May a tribe request a Secretarial
determination for lands not yet held in
trust?
292.8 What must an application for a
Secretarial determination contain?
292.9 What information must an
application contain on the benefits of a
proposed gaming activity?
292.10 What information must an
application contain on the effects of a
proposed gaming activity?
292.11 What additional documents must an
application contain?

292.12 What must the Regional Director do
upon receiving the application?
292.13 How will the Regional Director
conduct the consultation process?
292.14 What criteria must the consultation
letter meet?
292.15 What must the Regional Director do
at the expiration of the comment period?
292.16 What must the ADO do upon
receiving the Regional Director’s
recommendation?
292.17 If the ADO finds deficiencies, what
must the Regional Director and the
applicant tribe do?
292.18 What must the ADO do after
receiving an adequate recommendation?
292.19 How does the ADO request the
Governor’s concurrence?
292.20 Do information collections under
this part have Office of Management and
Budget approval?
Authority: 5 U.S.C. 301, 25 U.S.C. 2, 9, and
2719.
§ 292.1

What is the purpose of this part?

This part contains procedures that the
Department of the Interior will use to
determine whether class II or class III
gaming can occur on land acquired in
trust for a tribe after October 17, 1988.
§ 292.2
part?

How are key terms defined in this

All terms have the same meaning as
set forth in the definitional section of
the Indian Gaming Regulatory Act
(IGRA), 25 U.S.C. 2703(1)–(10). In
addition, the following terms have the
meanings given in this section.
Appropriate Departmental Official
(ADO) means the Department of Interior
official with delegated authority to make
a two-part Secretarial determination that
a gaming establishment would be in the
best interest of the Indian tribe and its
members, and would not be detrimental
to the surrounding community.
Appropriate State and Local Officials
means the Governor of the State, and
appropriate officials of units of local
government within 10 miles of the site
of the proposed gaming establishment.
BIA means Bureau of Indian Affairs.
Contiguous means land(s) sharing a
common boundary, touching, next to or
adjoining with nothing intervening.
However, parcels of land are contiguous
even if separated by roads, railroads, or
other rights of way, or streams.
Day means calendar day.
Former reservation means lands that
are within the jurisdictional area of an

Oklahoma Indian tribe, and that are
within the boundaries of the last
reservation for that tribe established by
treaty, Executive Orders, or Secretarial
Orders.
IGRA means the Indian Gaming
Regulatory Act of 1988, 25 U.S.C. 2701–
2721.
Nearby Indian tribe means an Indian
tribe with Indian lands, as defined in 25
U.S.C. 2703(4) of IGRA, located within
a 50 mile radius of the location of the
proposed gaming establishment.
Regional Director means the official in
charge of the BIA Regional Office
responsible for all BIA activities within
the geographical area where the
proposed gaming establishment is to be
located.
Reservation means that area of land
which has been set aside or which has
been acknowledged as having been set
aside by the United States for the use of
the tribe, the exterior boundaries of
which are more particularly defined in
the final treaty, agreement, Executive
order, Federal statute, Secretarial Order,
or judicial determination.
Secretarial determination means a
two-part determination that a gaming
establishment on newly acquired lands:
(1) Would be in the best interest of the
Indian tribe and its members; and
(2) Would not be detrimental to the
surrounding community.
§ 292.3 When can a tribe conduct gaming
activities on trust lands acquired after
October 17, 1988?

In accordance with section 20 of the
Indian Gaming Regulatory Act (25
U.S.C. 2719), a tribe can conduct class
II or class III gaming activities on trust
land acquired by the Secretary of the
Interior in trust for the benefit of an
Indian tribe after October 17, 1988, only
if:
(a) The land meets the conditions in
§ 292.4; or
(b) The Secretary makes a
determination under § 292.5 and the
Governor of the State concurs in that
determination.
§ 292.4 What criteria must trust land meet
for gaming to be allowed?

(a) For class II or class III gaming to
be allowed on trust land, the land must
meet one of the criteria shown in the
following table:

The land must * * *

as required by * * *

(1) Be located within or contiguous to the boundaries of the tribe’s reservation as it existed on October 17, 1988 ..............
(2) Be taken into trust as part of the settlement of a land claim ..............................................................................................
(3) Be taken into trust as part of the tribe’s initial reservation that the Secretary acknowledged under the Federal acknowledgment process.

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25 U.S.C.
2719(a)(1).
25 U.S.C.
2719(b)(1)(B)(i).
25 U.S.C.
2719(b)(1)(B)(ii).

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The land must * * *

as required by * * *

(4) Be taken into trust as part of the restoration of lands for a tribe that is restored to Federal recognition ..........................
(5) Be excepted from the requirements of this section because the Secretary makes a determination under § 292.5 ..........
(6) Meet one of the criteria in paragraph (b) of this section, if the tribe had no reservation on October 17, 1988 .................

25 U.S.C.
2719(b)(1)(B)(iii).
25 U.S.C.
2719(b)(1)(A).
25 U.S.C.
2719(a)(2).

(b) If a tribe had no reservation on October 17, 1988, the land must meet one of the criteria in the following
table:
If the land is located in * * *

it must be * * *

or * * *

(1) Oklahoma .................................

within the boundaries of
tribe’s former reservation.

(2) A State other than Oklahoma ..

within the boundaries of the
Tribe’s last recognized reservation within the State where the
tribe is presently located.

§ 292.5 Can a tribe conduct gaming
activities on lands acquired in trust after
October 17, 1988 if the land does not qualify
under one of the exceptions?

A tribe can conduct gaming on lands
acquired in trust after October 17, 1988,
that do not meet the criteria in § 292.4
only after all of the following occur:
(a) The tribe asks the Secretary in
writing to make a Secretarial
determination on the acceptability of
gaming activities at a particular site;
(b) The Secretary consults with the
tribe and appropriate State and local
officials, including officials of other
nearby tribes;
(c) The Secretary makes a
determination that a gaming
establishment on newly acquired lands
would be in the best interest of the
Indian tribe and its members and would
not be detrimental to the surrounding
community; and
(d) The Governor of the State in
which the gaming activity is to be
conducted concurs in the Secretary’s
determination (25 U.S.C. 2719(b)(1)(A)).
§ 292.6 Where must a tribe file an
application for a Secretarial determination?

A tribe must file its application for a
Secretarial determination with the
Regional Director of the BIA Regional
Office having jurisdiction over the land
where the gaming establishment is to be
located.
§ 292.7 May a tribe request a Secretarial
determination for lands not yet held in
trust?

Yes. A tribe can apply for a two-part
Secretarial determination under § 292.5
for land not yet held in trust. The tribe
must file this application at the same
time that it applies under 25 CFR part
151 to have the land taken into trust.

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the

contiguous to other land held in
trust or restricted status by the
United States for the tribe in
Oklahoma.

An application requesting a
Secretarial determination under § 292.5
must include the following information:
(a) The full name, address, and
telephone number of the Indian tribe
submitting the application;
(b) A physical description of the
location of the land, including a legal
description supported by a survey or
other document;
(c) Proof of present ownership and
title status of the land;
(d) Distance of the land from the
Indian tribe’s reservation or trust lands,
if any;
(e) Information required by § 292.9 to
assist the Secretary in determining
whether the proposed gaming
establishment will be in the best interest
of the tribe and its members;
(f) Information required by § 292.10 to
assist the Secretary in determining
whether the proposed gaming
establishment will not be detrimental to
the surrounding community; and
(g) Copies of the documents required
by § 292.11.
§ 292.9 What information must an
application contain on the benefits of a
proposed gaming activity?

To satisfy the requirements of
§ 292.8(e), an application must contain:
(a) Projections of class II and/or class
III income statements, balance sheets,
fixed assets accounting, and cash flow
statements for the gaming entity and the
Indian tribe;
(b) Projected tribal employment, job
training, and career development;
(c) Projected benefits to the Indian
tribe from tourism;
(d) Projected benefits to the Indian
tribe and its members from the proposed
uses of the increased tribal income;

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25 U.S.C. 2719(a)(2)(A)(i)(ii).

25 U.S.C. 2719(a)(2)(B).

§ 292.8 What must an application for a
Secretarial determination contain?

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(e) Projected benefits to the
relationship between the Indian tribe
and the surrounding community.
(f) Possible adverse impacts on the
Indian tribe and plans for dealing with
those impacts;
(g) Any other information that may
provide a basis for a Secretarial
determination that the gaming
establishment would be in the best
interest of the Indian tribe and its
members, including copies of any:
(1) Consulting agreements;
(2) Financial agreements; and
(3) Other agreements relative to the
purchase, acquisition, construction, or
financing of the proposed gaming
facility, or the acquisition of the land
where the facility will be located.
§ 292.10 What information must an
application contain on the effects of a
proposed gaming activity?

To satisfy the requirements of
§ 292.8(f), an application must contain:
(a) Evidence of environmental
impacts and plans for mitigating adverse
impacts, including information that
allows the Secretary to comply with the
requirements of the National
Environmental Policy Act (NEPA) (for
example, an Environmental Assessment
(EA) or an Environmental Impact
Statement (EIS));
(b) Reasonably anticipated impacts on
the social structure, infrastructure,
services, housing, community character,
and land use patterns of the
surrounding community;
(c) Impacts on the economic
development, income, and employment
of the surrounding community;
(d) Costs of impacts to the
surrounding community and sources of
revenue to accommodate them;

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Federal Register / Vol. 65, No. 179 / Thursday, September 14, 2000 / Proposed Rules
(e) Proposed programs, if any, for
compulsive gamblers and the sources of
funding; and
(f) Any other information that may
provide a basis for a Secretarial
determination that the gaming would
not be detrimental to the surrounding
community.
§ 292.11 What additional documents must
an application contain?

To satisfy the requirements of
§ 292.8(g), an application must contain
a copy of each of the following:
(a) The authorizing resolution from
the tribe submitting the application;
(b) The tribe’s gaming ordinance or
resolution approved by the National
Indian Gaming Commission in
accordance with 25 U.S.C. 2710, if any;
(c) The tribe’s organic documents, if
any;
(d) The tribe’s class III gaming
compact with the State where the
gaming establishment is to be located, if
any; and
(e) Any existing or proposed
management contract required to be
approved by the National Indian
Gaming Commission under 25 U.S.C.
2711 and 25 CFR Part 533.
§ 292.12 What must the Regional Director
do upon receiving an application?

Upon receiving an application for a
Secretarial determination under § 292.5,
the Regional Director must:
(a) Notify the tribe within 30 days that
the application has been received, and
whether any information required under
§ 292.8 is missing;
(b) Provide a copy of the application
to the Office of Indian Gaming
Management; and
(c) Consult with appropriate State and
local officials, including officials of
other nearby tribes.
§ 292.13 How will the Regional Director
conduct the consultation process?

The Regional Director must complete
the consultation process at the Region
Office level.
(a) The Regional Director will send a
letter that meets the requirements in
§ 292.14 and that solicits comments
within a 60-day period to each of the
following:
(1) Appropriate State and local
officials; and
(2) Officials of nearby tribes.
(b) On written request, the Regional
Director may extend the 60-day
comment period for an additional 30
days.
(c) After the close of the consultation
period, the Regional Director must:
(1) Submit a copy of the consultation
comments to the applicant tribe;

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(2) Allow the tribe to address or
resolve any issues raised in the
responses to the consultation letters;
(3) The applicant tribe must submit
written comments, if any, to the
Regional Director within 60 days of
receipt of the consultation comments;
and
(4) On written request, the Regional
Director may extend the 60-day
comment period in paragraph (c)(3) of
this section for an additional 30 days.
§ 292.14 What criteria must the
consultation letter meet?

The consultation letter required by
§ 292.13 (a) must meet the requirements
in this section.
(a) The consultation letter must:
(1) Describe or show the location of
the proposed gaming facility;
(2) Provide information on the
proposed scope of gaming; and
(3) Include other information that may
be relevant to a specific proposal, such
as the size of the proposed facility, if
known.
(b) The consultation letter must
request recipients to submit comments
on the following areas within 60 days of
receiving the letter:
(1) Evidence of environmental
impacts and plans for mitigating adverse
impacts;
(2) Reasonably anticipated impact on
the social structure, infrastructure,
services, housing, community character,
and land use patterns of the
surrounding community;
(3) Impact on the economic
development, income, and employment
of the surrounding community;
(4) Costs of impacts to the
surrounding community and sources of
revenue to accommodate them;
(5) Proposed programs, if any, for
compulsive gamblers and the sources of
funding; and
(6) Any other information that may
provide a basis for a Secretarial
determination that the gaming is not
detrimental to the surrounding
community.
§ 292.15 What must the Regional Director
do at the expiration of the comment period?

Upon completion of the comment
period under § 292.13(c), the Regional
Director must either:
(a) Notify the applicant tribe in
writing that the application package
does not support a positive
recommendation for a Secretarial
determination under § 292.5 and advise
the applicant tribe of the reasons for the
decision; or
(b) Prepare a positive
recommendation and proposed Findings
of Fact addressing the Secretarial

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determination and forward them to the
Appropriate Department Official (ADO),
along with the complete application
record that includes the following
documents:
(1) Application received from the
Indian tribe and any supporting
documentation;
(2) Consultation comments, including
unsolicited comments from third parties
not required to be consulted under
§ 292.13;
(3) Documentation that indicates
compliance with the requirements of the
National Environmental Policy Act
(NEPA), including a proposed Finding
of No Significant Impact (FONSI), if
appropriate; and
(4) Any other documentation relied
upon by the Regional Director in
preparing the recommendation.
§ 292.16 What must the ADO do upon
receiving the Regional Director’s
recommendation?

(a) Upon receiving the Regional
Director’s positive recommendation and
the complete application record, the
ADO will conduct a preliminary
technical review to determine whether
the record supports the Regional
Director’s positive recommendation and
proposed Findings of Fact. The
preliminary technical review:
(1) Must include consideration of all
documentation provided in the
application package; and
(2) May not consider comments,
whether oral or written, submitted by
any party after the close of the comment
period in § 292.13.
(b) After completing the preliminary
technical review, the ADO will:
(1) Notify the Regional Director and
the applicant tribe of any deficiencies in
the recommendation, proposed Findings
of Fact, or application record; and
(2) Request the Regional Director to
cure the identified deficiencies and to
allow the tribe to withdraw the
application or to submit additional
information and clarification, if
necessary.
§ 292.17 If the ADO finds deficiencies,
what must the Regional Director and the
applicant tribe do?

If the ADO notifies the tribe and
Regional Director of deficiencies under
§ 292.16(b), the tribe and Regional
Director must follow the procedures in
this section.
(a) The Regional Director must
respond to the preliminary technical
review notification by curing the
identified deficiencies, and, if
appropriate, allowing the tribe to submit
additional information and clarification,
if necessary.

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Federal Register / Vol. 65, No. 179 / Thursday, September 14, 2000 / Proposed Rules

(b) The applicant tribe may do any of
the following:
(1) Withdraw the application;
(2) Respond to the preliminary
technical review notification by
submitting to the Regional Director
additional documentation to cure the
identified deficiencies; or
(3) Request, in writing, that the
Regional Director inform the ADO to
proceed with the consideration of the
application record using the
documentation already submitted.
(c) After the Regional Director has
modified the recommendation to cure
the identified deficiencies, and obtained
any additional documentation from the
applicant tribe, the Regional Director
must resubmit an amended
recommendation with a complete
application package to the ADO, unless
the tribe has withdrawn its application,
or requested that consideration of the
application proceed on the existing
record.
§ 292.18 What must the ADO do after
receiving an adequate recommendation?

(a) Upon receiving an adequate
recommendation and application
package from the Regional Director, the
ADO must:
(1) Notify the applicant tribe, officials
of nearby tribes, and appropriate state
and local officials, of the status of the
application and inform them that they
may, within 30 days of receipt of this
notification, request that the ADO hold
a hearing for the purpose of discussing
the merits of the application. The
proceedings of this hearing will be on
such terms as the ADO determines are
appropriate. The hearing record will be
available to any participating party and
become part of the record considered by
the ADO in reaching a final
determination in writing that the record
does not support a determination under
§ 292.5.
(2) The ADO will transmit the hearing
record to the applicant tribe and notify
the applicant tribe that it will have 60
days from date of receipt to address any
information submitted by third parties
at the hearing.
(b) Following the expiration of the 60day response period, the ADO must
prepare final Findings of Fact on the
Secretarial determination and must
either:
(1) Notify the applicant tribe in
writing that the record does not support
a determination under § 292.5; or
(2) Notify the applicant tribe in
writing that the ADO has made a
favorable Secretarial determination
under § 292.5 and has requested the
Governor of the State to concur in that
determination.

VerDate 112000

22:04 Sep 13, 2000

(c) In preparing the final Findings of
Fact, the ADO will not consider
comments on the application, whether
oral or written, submitted by any party
after the conclusion of the formal
hearing, except comments from the
applicant tribe pursuant to paragraph
(a)(2) of this section.

Dated: August 25, 2000.
Kevin Gover,
Assistant Secretary—Indian Affairs.
[FR Doc. 00–23456 Filed 9–13–00; 8:45 am]

§ 292.19 How does the ADO request the
Governor’s concurrence?

Minerals Management Service

(a) If the ADO makes a favorable
Secretarial determination under
§ 292.18(b), the ADO will send to the
Governor of the State:
(1) A written notification of the
Secretarial determination and Findings
of Fact;
(2) A copy of the entire application
record; and
(3) A request for the Governor’s
concurrence in the Secretarial
determination.
(b) If the Governor does not
affirmatively concur with the ADO’s
Secretarial determination:
(1) The land may not be used for
gaming;
(2) If the land is already held in trust,
the applicant tribe may use it for other
purposes; and
(3) If the land is proposed for trust
status, it may be taken into trust for
other uses, but may not be used for
gaming.
(c) If the Governor does not respond
to the ADO’s request for concurrence in
the Secretarial determination within one
year of the date of the request, the ADO
may, at the request of the applicant tribe
or the Governor, grant an extension of
up to 180 days.
(d) If the Governor does not respond
during the extension period, the
Findings of Fact will be deemed stale,
and the applicant tribe will be notified
in writing that the Secretarial
determination is no longer valid.

30 CFR Parts 218, 256, and 260

BILLING CODE 4310–02–P

DEPARTMENT OF THE INTERIOR

§ 292.20 Do information collections under
this part have Office of Management and
Budget approval?

We have submitted a request for
approval of the information collection
requirements in §§ 292.8, 292.9, 292.10,
292.11, 292.13, 292.14, 292.17 and
292.18 to the Office of Management and
Budget (OMB). We may not collect or
sponsor, and a person is not required to
respond to, a collection of information
until we have:
(a) Obtained OMB approval; and
(b) Revised this section (§ 292.20) to
reflect that approval by publishing a
final rule in the Federal Register.

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RIN 1010–AC69

Outer Continental Shelf Oil and Gas
Leasing
AGENCY: Minerals Management Service
(MMS), Interior.
ACTION: Proposed rule.
SUMMARY: This proposed rule outlines
why and how we may issue Outer
Continental Shelf (OCS) leases after
November 2000 with royalty
suspensions. It also presents a plainlanguage revision of the existing rules
for bidding systems and joint bidding
restrictions. It does not change the
current policies on royalty suspensions
for leases issued before December 2000,
though it does add one minor reporting
requirement for leases issued with
royalty suspension.
DATES: We will consider all comments
we receive by October 16, 2000. We will
begin reviewing comments then and
may not fully consider comments we
receive after October 16, 2000.
ADDRESSES: If you wish to comment,
you may mail or hand-carry comments
to the Department of the Interior;
Minerals Management Service; Mail
Stop 4024; 381 Elden Street; Herndon,
Virginia 20170–4817; Attention: Rules
Processing Team (RPT). The RPT’s email address is:
[email protected].
Mail or hand-carry comments with
respect to the information collection
burden of the proposed rule to the
Office of Information and Regulatory
Affairs; Office of Management and
Budget; Attention: Desk Officer for the
Department of the Interior (OMB control
number 1010–NEW); 725 17th Street,
NW., Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Marshall Rose, Economics Division, at
(703) 787–1536.
SUPPLEMENTARY INFORMATION: The OCS
Lands Act (OCSLA) (43 U.S.C. 1331 et
seq.) is the authority for our regulations
governing leasing of oil and gas
resources on the OCS. Section 8(a)(1) of
the OCSLA (43 U.S.C. 1337(a)(1))
provides authority for the Secretary of
the Interior (Secretary) to offer leases

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