[Federal Register Volume 62, Number 169 (Tuesday, September 2, 1997)]
[Proposed Rules]
[Pages 46227-46228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22725]


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NATIONAL INDIAN GAMING COMMISSION

25 CFR Part 502


Indian Gaming Regulatory Act of 1988; Definitions

AGENCY: National Indian Gaming Commission.

ACTION: Advance notice of proposed rulemaking.

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[[Page 46228]]

SUMMARY: This notice announces the initiation of the rulemaking process 
and requests information relevant to amending the National Indian 
Gaming Commission's (NIGC) definition regulations located at 25 CFR 
502.7 and 502.8. These regulations define key terms in the Indian 
Gaming Regulatory Act of 1988. The regulations are intended to provide 
guidance to tribes, their attorneys, enforcement personnel and others 
interested in Indian gaming. The Commission is inviting the public to 
comment and assist the NIGC in determining the need, if any, for 
additional rules governing this area.

DATES: Comments in response to this advance notice must be submitted by 
November 3, 1997.

ADDRESSES: Commenters may submit their comments by mail, facsimile, or 
delivery to: Definition Rule Comments, National Indian Gaming 
Commission, Suite 9100, 1441 L Street NW., Washington, DC 20005. Fax 
number: 202-632-7066 (not a toll-free number). Public comments may be 
delivered or inspected from 9 a.m. until noon and from 2 p.m. to 5 p.m. 
Monday through Friday.

FOR FURTHER INFORMATION CONTACT:
Darla M. Silva at 202-632-7003, or by facsimile at 202-632-7066 (not 
toll-free numbers).

SUPPLEMENTARY INFORMATION:

1. Introduction

    The Indian Gaming Regulatory Act (IGRA, or the Act), 25 U.S.C. 
Sec. 2701 et seq., was signed into law on October 17, 1988. The Act 
established the National Indian Gaming Commission (the Commission). 
IGRA was enacted to establish a comprehensive system for regulating 
gambling activities on Indian lands. IGRA divides gaming into three 
categories or classes. Class I gaming consists of social gaming for 
minimal prizes and traditional gaming and is regulated exclusively by 
the tribes. 25 U.S.C. 2703(6), 2710(a)(1). Class II gaming consists of 
bingo, pull-tabs, bingo-like games, and non-banking card games. 25 
U.S.C. 2703(7)(A). A tribe may conduct, license, and regulate class II 
gaming if: (1) The state in which the tribe is located permits such 
gaming for any purpose by any person, organization, or entity; and (2) 
the governing body of the tribe adopts a gaming ordinance which is 
approved by the Chairman of the National Indian Gaming Commission. 25 
U.S.C. 2710 (a)(2) and (b).
    All forms of gaming not included in either class I or class II, 
such as banking card games (e.g., blackjack), casino games, slot 
machines, and electronic facsimiles of any game of chance are 
designated as class III gaming under the IGRA. 25 U.S.C. 2703(8). Class 
III gaming may lawfully be conducted by an Indian tribe if: (1) The 
state in which the tribe is located permits such gaming for any purpose 
by any person, organization, or entity; (2) the tribe and the state 
have negotiated a tribal-state compact which has been approved by the 
Secretary of the Interior; and (3) the tribe has adopted a gaming 
ordinance which has been approved by the Chairman of the Commission. 25 
U.S.C. 2710(d)(1).
    The IGRA expressly authorizes the Commission to ``promulgate such 
regulations and guidelines as it deems appropriate to implement the 
provisions of this [Act].'' 25 U.S.C. 2706(b)(10). On April 9, 1992, 
the Commission published final rules (57 FR 12392) defining key 
statutory terms, including ``electronic, computer or other technologic 
aid'' and ``electronic or electromechanical facsimile''. The current 
definitions are as follows:

    Electronic, computer or other technologic aid means a device 
such as a computer, telephone, cable, television, satellite or bingo 
blower and that when used--
    (a) Is not a game of chance but merely assist a player or the 
playing of a game;
    (b) Is readily distinguishable from the playing of a game of 
chance on an electronic or electromechanical facsimile; and
    (c) Is operated according to applicable Federal communications 
law. 25 CFR 502.7.
    Electronic or Electromechanical facsimile means any gambling 
device as defined in 15 U.S.C. Sec. 1171(a) (2) or (3). 25 CFR 
502.8.

    Since the adoption of these regulations, there has been controversy 
regarding what constitutes an ``aid'' and a ``facsimile'' and the 
difference between them. The Commission is requesting public comments 
to assist in its evaluation of whether amendment of its current 
regulations is necessary.

2. Advance Notice of Proposed Rulemaking

    After consideration of this issue, the NIGC has determined that the 
appropriate course of action is to publish an Advance Notice of 
Proposed Rulemaking to collect further information. Concurrently with 
the collection of this information, the Agency will enforce existing 
regulations.
    The issue of how best to amend the current regulations, if at all, 
is a question with implications for tribal governments, state 
governments and other Federal officials. Before the Commission proceeds 
in this area, it intends to have the benefit of a full airing of the 
issues through the public comment process.

3. Request for Comments

    Public comment is requested to assist the NIGC in its evaluation of 
the decision to amend its current definition regulations. Comment is 
requested on the following issues:
    (1) The effectiveness of the current regulations is distinguishing 
between a class II aid and a class III facsimile;
    (2) Any suggestions for alternative definitions and/or 
interpretations.

4. Public Participation

    Interested parties are invited to submit comments on any or all of 
these and other pertinent issues related to amending the current 
definition regulations by November 3, 1997, in quadruplicate to the 
Definition Rule Comments, National Indian Gaming Commission, Suite 
9100, 1441 L Street NW., Washington, DC 20005. Fax number: 202-632-7066 
(not a toll-free number). All written comments submitted in response to 
this notice will be available for inspection and copying in the NIGC 
office from 9 a.m. until noon and from 2 p.m. to 5 p.m. Monday through 
Friday. All timely written submissions will be considered in 
determining the nature of any proposal.

Authority and Signature

    This advance notice of proposed rulemaking was prepared under the 
direction of Tom Foley, Vice Chairman, National Indian Gaming 
Commission, 1441 L St., NW., Suite 9100, Washington, DC 20005.

    Signed at Washington, DC this 21st day of August, 1997.
Tom Foley,
Vice Chairman, National Indian Gaming Commission.
[FR Doc. 97-22725 Filed 8-29-97; 8:45 am]
BILLING CODE 7565-01-M