Federal Register


Posted: April 16, 2019
More: class iii, compacts, ctclusi, gaming, igra, klamath, oregon

This notice announces that the Tribal-State Compacts between the State of Oregon and the Klamath Tribes and the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians are taking effect.


Under section 11 of the Indian Gaming Regulatory Act (IGRA) Public Law 100-497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Secretary took no action on the compacts between the State of Oregon and the Klamath Tribes and the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians within 45 days of their submission. Therefore, the Compacts are considered to have been approved, but only to the extent they are consistent with IGRA. See 25 U.S.C. 2710(d)(8)(C).



Posted: April 16, 2019
More: class iii, compacts, fcpt, gaming, igra, wisconsin

This notice announces that the Amendment to the Forest County Potawatomi Community of Wisconsin and the State of Wisconsin Class III Gaming Compact is taking effect.


Under section 11 of the Indian Gaming Regulatory Act (IGRA) Public Law 100-497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Secretary took no action on the Amendment to the Forest County Potawatomi Community of Wisconsin and State of Wisconsin Class III Gaming Compact within 45 days of its submission. Therefore, the Amendment to the Compact is considered to have been approved, but only to the extent it is consistent with IGRA. See 25 U.S.C. 2710(d)(8)(C).



Posted: April 16, 2019
More: class iii, compacts, gaming, igra, rosebud sioux, south dakota

This notice announces the extension of the Class III gaming compact between the Rosebud Sioux Tribe and the State of South Dakota.


An extension to an existing tribal-state Class III gaming compact does not require approval by the Secretary if the extension does not modify any other terms of the compact. 25 CFR 293.5. The Rosebud Sioux Tribe and the State of South Dakota have reached an agreement to extend the expiration date of their existing Tribal-State Class III gaming compact to July 22, 2019. This publishes notice of the new expiration date of the compact.



Posted: April 16, 2019
More: class iii, compacts, gaming, igra, nooksack, washington

This notice publishes the approval of the Seventh Amendment to the Tribal-State Compact for Class III Gaming between the Nooksack Indian Tribe and the State of Washington.


Under section 11 of the Indian Gaming Regulatory Act (IGRA), Public Law 100-497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Amendment authorizes Class III gaming at two facilities to be located on Tribal lands, requires the Tribe to initiate a problem gambling program, updates the Tribe's community contributions, updates the application of State law consistent with the compact, and provides for review and renegotiation of the compact on a regular basis. The Amendment is approved.`



Posted: April 16, 2019
More: class iii, compacts, gaming, igra, muckleshoot, washington

This notice publishes the approval of the Fifth Amendment to the Tribal-State Compact for Class III Gaming between the Muckleshoot Indian Tribe and the State of Washington.


Under section 11 of the Indian Gaming Regulatory Act (IGRA), Pub. L. 100-497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Amendment prohibits cash dispensing machines at the Tribe's gaming facilities from accepting Electronic Benefits Cards, increases the Tribe's allocation of Player Terminals, specifies the calculation and payment of regulatory reimbursement costs to the State, and allocates funds to alleviate problem gambling and encourage smoking cessation and prevention. The Amendment also incorporates as part of the compact Appendix X2 Addendum Tribal Lottery System Terminal Allocations, which governs the total number of available Tribal Lottery Terminals, provides procedures for increasing the available allocations, and outlines dispute resolution procedures relating to the number of Tribal Lottery Terminals. The Secretary took no action on the compact between the Muckleshoot Indian Tribe and the State of Washington within 45 days of its submission. Therefore, the Compact is considered to have been approved, but only to the extent the Compact is consistent with IGRA. See 25 U.S.C. 2710(d)(8)(C).



Posted: April 16, 2019
More: class iii, compacts, gaming, igra, modoc, oklahoma

The State of Oklahoma entered into a compact amendment with the Modoc Tribe of Oklahoma governing certain forms of class III gaming; this notice announces the approval of the Model Tribal Gaming Compact Supplement between the Modoc Tribe and State of Oklahoma.


Under section 11 of the Indian Gaming Regulatory Act (IGRA) Public Law 100-497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by IGRA and 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The compact amendment authorizes the Tribe to engage in certain additional class III gaming activities, provides for the application of existing revenue sharing agreements to the additional forms of class III gaming, and designates how the State will distribute revenue sharing funds.



Posted: April 16, 2019
More: class iii, gaming, igra, kiowa, oklahoma

The State of Oklahoma entered into a compact amendment with the Kiowa Tribe of Oklahoma governing certain forms of class III gaming; this notice announces the approval of the Model Tribal Gaming Compact Supplement between the Kiowa Tribe and the State of Oklahoma.


Under section 11 of the Indian Gaming Regulatory Act (IGRA) Public Law 100-497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in class III gaming activities on Indian lands. As required by IGRA and 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The compact amendment authorizes the Tribe to engage in certain additional class III gaming activities, provides for the application of existing revenue sharing agreements to the additional forms of class III gaming, and designates how the State will distribute revenue sharing funds.



Posted: April 16, 2019
More: class iii, compacts, gaming, igra, warm springs

This notice publishes the approval of the Amendment to the Amended and Restated (Highway 26) Tribal-State Compact for Regulation of Class III Gaming between the Confederated Tribes of the Warm Springs Reservation of Oregon (Tribe) and the State of Oregon (State), Amendment I (Amendment).


Under section 11 of the Indian Gaming Regulatory Act (IGRA) Public Law 100-497, 25 U.S.C. 2701 et seq., the Secretary of the Interior shall publish in the Federal Register notice of approved Tribal-State compacts for the purpose of engaging in Class III gaming activities on Indian lands. As required by 25 CFR 293.4, all compacts and amendments are subject to review and approval by the Secretary. The Amendment modifies the definition of Video Lottery Terminal (VLT) and requires the Tribal Gaming Commission to develop and submit internal controls for the State's approval prior to offering a new VLT for play. The Amendment is approved.



Posted: April 16, 2019
More: california, kumeyaay, liquor

This notice publishes the Liquor Control Ordinance of the Ewiiaapaayp Band of Kumeyaay Indians. The Liquor Control Ordinance regulates and controls the possession, sale, manufacture, and distribution of alcohol in conformity with the laws of the State of California.


Pursuant to the Act of August 15, 1953, Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor control ordinances for the purpose of regulating liquor transactions in Indian country. The Ewiiaapaayp Band of Kumeyaay Indians duly adopted Title 513, Ewiiaapaayp Band of Kumeyaay Indians
Liquor Control Ordinance on May 9, 2018.


This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary—Indian Affairs. I certify that the Ewiiaapaayp Band of Kumeyaay Indians, California, duly adopted Title 513, Ewiiaapaayp Band of Kumeyaay Indians Liquor Control Ordinance, on May 9, 2018.



Posted: April 15, 2019
More: fines

This rule provides for annual adjustments to the level of civil monetary penalties contained in Bureau of Indian Affairs (Bureau) regulations to account for inflation under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget (OMB) guidance.


On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114-74) (“the Act”). The Act requires Federal agencies to adjust the level of civil monetary penalties with an initial “catch-up” adjustment through rulemaking and then make subsequent annual adjustments for inflation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes.


The Office of Management and Budget (OMB) issued guidance for Federal agencies on calculating the catch-up adjustment. See February 24, 2016, Memorandum for the Heads of Executive Departments and Agencies, from Shaun Donovan, Director, Office of Management and Budget, re: Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (M-16-06). Under the guidance, the Department identified applicable civil monetary penalties and calculated the catch-up adjustment. A civil monetary penalty is any assessment with a dollar amount that is levied for a violation of a Federal civil statute or regulation, and is assessed or enforceable through a civil action in Federal court or an administrative proceeding. A civil monetary penalty does not include a penalty levied for violation of a criminal statute, or fees for services, licenses, permits, or other regulatory review. The calculated catch-up adjustment is based on the percent change between the Consumer Price Index for all Urban Consumers (CPI0-U) for the month of October in the year of the previous adjustment (or in the year of establishment, if no adjustment has been made) and the October 2015 CPI-U.


The Bureau issued an interim final rule providing for calculated catch-up adjustments on June 30, 2016 (81 FR 42478) with an effective date of August 1, 2016, and requesting comments post-promulgation. The Bureau issued a final rule affirming the catch-up adjustments set forth in the interim final rule on December 2, 2016 (81 FR 86953). The Bureau then issued a final rule making the next scheduled annual inflation adjustment for 2017 on January 23, 2017 (82 FR 7649) and for 2018 on February 6, 2018 (83 FR 5192).



Posted: April 15, 2019
More: bie, meetings, nclb, new mexico

The Bureau of Indian Education (BIE) is announcing that the Advisory Board for Exceptional Children will hold its next meeting in Albuquerque, New Mexico. The purpose of the meeting is to meet the mandates of the Individuals with Disabilities Education Act of 2004 (IDEA) for Indian children with disabilities.


The Advisory Board will hold an orientation session for members only on Wednesday, May 1, 2019, from 8:30 a.m. to 11:30 a.m. Mountain Time. The public meeting of the Advisory Board meeting will start Wednesday, May 1, 2019, from 1:00 p.m. to 4:30 p.m. On Thursday, May 2, 2019, and Friday, May 3, 2019, all Advisory Board members will meet in-session from 8:30 a.m. to 4:30 p.m. Mountain Time.


The orientation and public meetings will be held at the 1011 Indian School Road NW, Large Conference Room 326, in Albuquerque, New Mexico 87104; telephone number (480) 777-7986.


In accordance with the Federal Advisory Committee Act, the BIE is announcing that the Advisory Board will hold its next meeting in Albuquerque, New Mexico. The Advisory Board was established under the Individuals with Disabilities Act of 2004 (20 U.S.C. 1400 et seq.) to advise the Secretary of the Interior, through the Assistant Secretary—Indian Affairs, on the needs of Indian children with disabilities. The meeting is open to the public.


The following items will be on the agenda:


Orientation session for new Advisory Board members

Report from Tony Dearman, Director, BIE Director's Office

Report from Dr. Jeffrey Hamley Associate Deputy Director, BIE, Division of Performance and Accountability (DPA)

Report from Donald Griffin, Supervisory Education Specialist, BIE/DPA

Discussion with BIE Senior management to discuss special education topics related regarding students with disabilities

Work on priorities, advice and recommendations for 2019

Public comments (via teleconference call, Friday, May 3, 2019 meeting only *)


* During the May 3, 2019, meeting, time has been set aside for public comment via conference call from 11:00 a.m. to 11:30 a.m. Mountain Time. The call-in information is: telephone number 1-888-417-0376, passcode 1509140. Public comments can also be made in-person at the meeting site, emailed to the DFO at jennifer.davis@bie.edu, or faxed to (602) 265-0293 to the attention of Jennifer Davis, DFO, or mailed or hand-delivered to the Bureau of Indian Education, Attention: Jennifer Davis, DFO, 2600 N Central Avenue, Suite 800, Phoenix, Arizona 85004.



Posted: April 4, 2019
More: class iii, gaming, igra

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


The Indian Gaming Regulatory Act (IGRA) 25 U.S.C. 2701 et seq., established the National Indian Gaming Commission (Commission). Section 2710 of IGRA authorizes the Chairman of the Commission to approve Class II and Class III tribal gaming ordinances. Section 2710(d)(2)(B) of IGRA, as implemented by NIGC regulations, 25 CFR 522.8, requires the Chairman to publish, in the Federal Register, approved Class III tribal gaming ordinances and the approvals thereof.


IGRA requires all tribal gaming ordinances to contain the same requirements concerning tribes' sole proprietary interest and responsibility for the gaming activity, use of net revenues, annual audits, health and safety, background investigations and licensing of key employees and primary management officials. The Commission, therefore, believes that publication of each ordinance in the Federal Register would be redundant and result in unnecessary cost to the Commission.


Thus, the Commission believes that publishing a notice of approved Class III tribal gaming ordinances in the Federal Register, is sufficient to meet the requirements of 25 U.S.C. 2710(d)(2)(B). Every approved tribal gaming ordinance, every approved ordinance amendment, and the approval thereof, are posted on the Commission's website (nigc.gov) under General Counsel, Gaming Ordinances. Also, the Commission will make copies of approved Class III ordinances available to the public upon request. Requests can be made in writing to the Office of General Counsel, National Indian Gaming Commission, Attn: Frances Fragua, C/O Department of the Interior, 1849 C Street NW, MS #1621, Washington, DC 20240.



Posted: April 4, 2019
More: class iii, gaming, igra, section 20

In accordance with the Paperwork Reduction Act of 1995, we, the Assistant Secretary—Indian Affairs (AS-IA), are proposing to renew three information collections.


Abstract: The collection of information ensure that the provisions of the Indian Gaming Regulatory Act (IGRA) and other applicable requirements are met when federally recognized Tribes submit Class III procedures for review and approval by the Secretary of the Interior. Sections 291.4, 291.10, 291.12 and 291.15 of 25 CFR 291, Class III Gaming Procedures, specify the information collection requirement. An Indian Tribe must ask the Secretary to issue Class III gaming procedures. The information to be collected includes: The name of the Tribe, the name of the State, Tribal documents, State documents, regulatory schemes, the proposed procedures, and other documents deemed necessary.



Posted: April 4, 2019
More: economic development, information collection, loans

In accordance with the Paperwork Reduction Act of 1995, we, Bureau of Indian Affairs (BIA) are proposing to renew an information collection with revisions.


Abstract: Submission of this information allows the Office of Indian Energy and Economic Development (IEED) to implement the Loan Guarantee, Insurance, and Interest Subsidy Program, 25 U.S.C. 1451 et seq., the purpose of which is to encourage private lending to individual Indians and Indian organizations by providing lenders with loan guarantees or loan insurance to reduce their potential risk. The information collection allows IEED to determine the eligibility and credit-worthiness of respondents and loans and otherwise ensure compliance with Program requirements. This information collection includes the use of several forms. A response is required to obtain and/or retain a benefit.



Posted: April 4, 2019
More: information collection, irrigation, water

In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Indian Affairs (BIA) are seeking comments on the renewal of Office of Management and Budget (OMB) approval for the collection of information for the updated Request for Irrigation Services authorized by OMB Control Number 1076-0141. The current information collection expires June 30, 2019. Supplementing the Request for Irrigation Services in this renewal of information collection are the Request for Customer Information, Annual Assessment Waiver, Incentive Agreement, and Land Classification/Designation applications.


Abstract: The BIA owns, operates, and maintains 17 irrigation projects that provide a service to the end user. To properly bill for the services provided, the BIA must collect customer information to identify the individual responsible for repaying the government the costs of delivering the service; determine eligibility for waiver of fees; and determine designation of irrigable lands as assessable or non-assessable. Additional information necessary for providing the service is the location of the service delivery and the number of serviced acres. The Debt Collection Improvement Act of 1996 (DCIA) requires that certain information be collected from individuals and businesses doing business with the government. This information includes the taxpayer identification number for possible future use to recover delinquent debt. To implement the DCIA requirement to collect customer information, the BIA has included a section concerning the collection of information in its regulations governing its irrigation projects (25 CFR 171).


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