[Federal Register: January 19, 2010 (Volume 75, Number 11)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
25 CFR Part 514
Amendments to Various National Indian Gaming Commission
AGENCY: National Indian Gaming Commission.
ACTION: Correcting amendments.
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.
DATES: Effective Date: This correction is effective on January 19,
FOR FURTHER INFORMATION CONTACT: Christopher White, Comptroller, at
(202) 632-7003; fax (202) 632-7066 (not toll-free numbers).
SUPPLEMENTARY INFORMATION: Under the Indian Gaming Regulatory Act
(``IGRA''), 25 U.S.C. 2701-2721, NIGC is funded through fees assessed
on Class II and Class III gaming operations. Prior to the December 31,
2009 effective date of NIGC's final rule, ``Amendments to Various
National Indian Gaming Commission Regulations'' (74 FR 36926), NIGC
regulations required tribes to submit fees and fee statements four
times per year. The prior regulations also required that the fees and
fee statements be received at NIGC's Washington, DC headquarters no
later than the last day of each quarter[horbar]March 31st, June 30th,
September 30th, and December 31st of each calendar year.
The final rule amended 25 CFR 514.1 to require the payment of fees
and submission of fee statements only twice each year, and it
implemented the ``mailbox'' rule such that payments and submissions
were timely if sent on or before their due dates.
Unfortunately, as published, the final rule contained incorrect due
dates for fees and fee statements, giving them as March 1 and August 1
of each calendar year. This publication corrects Sec. 514.1(c)(2),
Sec. 514.1(c)(6)(i), and Sec. 514(d) so that the due dates for the
submission of fees and fee statements read correctly as June 30th and
December 31st of each calendar year. This correction makes no change to
the adoption of the mailbox rule. Payments and submissions are still
timely if sent on or before June 30th and December 31st of each
The NIGC finds that it may make this correction without notice and
public comment. The changes are few and ministerial, and they remove
typographical errors so that the adopted regulations read correctly and
reflect the NIGC's intent. What is more, leaving the incorrect dates in
place during a notice-and-comment period has the potential to prejudice
Indian tribes and is therefore contrary to the public interest.
The incorrect final rule would make fees and fee statements due on
March 1, 2010, a full four months (121 days) before the NIGC intended
them to be due. Further, as a practical matter, NIGC could not propose
an amended rule, receive and review comments, publish an amended final
rule, and have that amended rule become effective before March 1. As a
result, unless the final rule is corrected immediately, any failure by
a tribe to submit fees by March 1 would be a technical violation of
NIGC regulations and cause concern about the possibility, however
remote, of a notice of violation and attendant fines and penalties.
Even though that outcome is unlikely, there is no need to
artificially place tribes out of compliance with IGRA or to create a
risk of adverse enforcement actions. An immediate ministerial change to
three sentences will correct the NIGC's error, preserve tribal
compliance with IGRA, and alleviate any concern about the possibility
of enforcement actions.
List of Subjects in 25 CFR Part 514
Gambling, Indians--lands, Indians--tribal government, Reporting and
Accordingly, 25 CFR part 514 is corrected by making the following
1. The authority citation for part 514 continues to read as follows:
Authority: 25 U.S.C. 2706, 2708, 2710, 2717, 2717a.
Sec. 514.1 [Amended]
2. Amend Sec. 514.1 as follows:
a. Amend paragraph (c)(2) by correcting ``March 1st and August
1st'' to read ``June 30th and December 31st''.
b. Amend paragraph (c)(6)(i) by correcting ``March 1st'' to
read ``June 30th''.
c. Amend paragraph (d) by correcting ``March 1st and August 1st'' to
read ``June 30th and December 31st''.
Dated: January 12, 2010.
George T. Skibine,
[FR Doc. 2010-802 Filed 1-15-10; 8:45 am]
BILLING CODE 7565-01-P