The proposed rules require tribes with Indian gaming facilities (approximately 226) to submit Indian lands information and notice to the NIGC before licensing a new gaming operation. Facility license renewals must be submitted with a list of applicalbe environmental and public health and safety laws and a certification the tribe is in compliance with those laws. Tribes must notify NIGC if a license is revoked or a facilty closes.
US Code:
25 USC 2701
Name of Law: Indian Gaming Regulatory Act
First, the name and address of the future facility are needed by the NIGC in order to identify the site and are needed for the agencyÂs Indian lands database. Second, the NIGC is constrained in its attempts to research the gaming eligibility status of a site under the IGRA without a legal description. Although many deeds and ownership documentation are maintained at BIA Land Title & Records Offices, without information from a tribe regarding the address, legal description and LTRO tract number, where gaming is to be conducted, the NIGC cannot reliably or efficiently know which deeds to request. Previous requests to the BIA indicate that the BIA is often unable to assist the NIGC without a legal description and tract number of the land. The legal description and LTRO tract number also allows the NIGC to work with the BIA to verify, for example, whether land is within or contiguous to 1988 reservation boundaries, is within an Oklahoma former reservation, or is within the last reservation boundaries not in Oklahoma. See 25 U.S.C. §§ 2703(4), 2719. Third, the NIGC is requesting that tribes submit deeds or other trust documents not maintained by the BIA. Tribes often operate their own real estate offices and maintain their trust deeds themselves. If no deed was ever issued for the property, the tribe must write a short explanation of why no deed exists. If the deed or other trust document is maintained by the BIA, the NIGC requests the Tribe provide the tract number, if available, to ensure accurate information about the parcel where gaming will occur. Moreover, if land is owned in fee, the tribe should have obtained a copy of the deed in the course of developing the new project. Documentation of ownership indicates that the land is owned by the tribe or a tribal member and is an indication of jurisdiction. A tribe is required to have jurisdiction and exercise governmental power over its gaming lands. See 25 U.S.C. §§ 2703(4), 2710(b)(1). The Commission presumes that a tribe has both jurisdiction and exercises governmental power on its reservation lands but needs to verify these two elements for all off-reservation sites as they are threshold requirements for tracts to be considered Indian lands. 25 U.S.C. §§ 2703(4), 2710, and 2719.
Second, the NIGC needs to obtain information on a tribeÂs environmental and public health and safety laws to oversee the implementation of approved tribal gaming ordinances. Before opening a gaming operation, a tribe must adopt an ordinance governing gaming activities on its Indian lands. 25 U.S.C. § 2710. The Act specifies a number of mandatory provisions to be contained in each tribal gaming ordinance and subjects such ordinances to agency review and the NIGC Chairman's approval. Id. Approval by the Chairman is predicated on the inclusion of each of the specified mandatory provisions in the tribal gaming ordinance. Id. Among these is a requirement that the ordinance must contain a provision ensuring that "the construction and maintenance of the gaming operation, and the operation of that gaming is conducted in a manner that adequately protects the environment and the public health and safety," 25 U.S.C. § 2710(b)(2)(E). Since 1993, when the Commission became operational, the Chairman has required each tribal gaming ordinance submitted for approval to include the express environmental and public health and safety statement set out in 25 U.S.C. § 2710(b)(2)(E).
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
PRA Supp Statement final 09.17.07.doc
Facilitiy License Standards