29044 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Proposed Rules

(c) The amount of a bill and you have

not paid the bill and the final decision

on the appeal requires you to pay the

bill, we will consider your bill to be a

delinquent account subject to interest,

penalties, and administrative charges, as

required by the Federal Claims

Collection Act of 1966, as amended, 31

U.S.C. 3717.

(d) An electric power rate, we will

implement the rate and it will remain in

effect subject to the final decision on the

appeal.

Dated: May 8, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–14062 Filed 6–6–96; 8:45 am]

BILLING CODE 4310–02–P

25 CFR Part 290

RIN: 1076–AD14

Tribal Revenue Allocation Plans

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

is proposing to establish regulations to

implement Section 11(b)(3)(B) of the

Indian Gaming Regulatory Act (IGRA),

25 U.S.C. 2701. This proposed rule

establishes procedures for the

submission, review and, approval of

tribal revenue allocation plans for the

distribution of net gaming revenues

from tribal gaming activities.

DATES: Comments must be received on

or before August 6, 1996.

ADDRESSES: Mail comments to George

Skibine, Director, Indian Gaming

Management Staff Office, Bureau of

Indian Affairs, 1849 C Street, NW., MS

2070–MIB, Washington, DC 20240.

Comments may be hand delivered to the

same address from 9:00 a.m. to 4:00

p.m. Monday through Friday or sent by

facsimile to 202–273–3153.

FOR FURTHER INFORMATION CONTACT:

Nancy Pierskalla, Management Analyst,

Indian Gaming Management Staff

Office, at 202–219–4068.

SUPPLEMENTARY INFORMATION: The

Indian Gaming Regulatory Act (IGRA),

25 U.S.C. 2701 et seq., was signed into

law on October 17, 1988. Pursuant to

Section 11 (b)(3)(B), 25 U.S.C. 2710, of

the IGRA, the Secretary of the Interior

(Secretary) is charged with the review

and approval of tribal revenue

allocation plans relating to the

distribution of net gaming revenues

from a tribal gaming activity. These

regulations establish a method for the

submission, review and approval of

tribal revenue allocation plans.

The IGRA provides that net gaming

revenues from Class II and Class III

gaming may be distributed in the form

of per capita payments to members of

the Indian tribe provided the Indian

tribe has prepared a Tribal Revenue

Allocation Plan which is approved by

the Secretary. On December 19, 1992 the

Assistant Secretary—Indian Affairs

(AS–IA) issued Guidelines to govern the

review and approval of Tribal Revenue

Allocation Plans. As outlined in the

IGRA, the Guidelines require that the

Indian tribe must dedicate a significant

source of net gaming revenue for

economic and governmental purposes,

that the interests of minors and other

legally incompetent persons entitled to

receive per capita payments must be

protected and preserved, and that per

capita payments are subject to federal

income taxes. The Assistant Secretary

does not mandate the distribution of net

gaming revenues to individual tribal

members. However, it is essential that

Indian tribes choosing to make per

capita payments comply with the

requirements of the IGRA.

Public Participation Statement

Publication of the proposed rule by

the Department of the Interior

(Department) provides the public an

opportunity to participate in the

rulemaking process. Interested persons

may submit written comments regarding

the proposed rule to the location

identified in the ADDRESSES section of

this document.

Executive Order 12778

The Department has certified to the

Office of Management and Budget

(OMB) that these proposed regulations

meet the applicable standards provided

in sections 2(a) and 2(b)(2) of Executive

Order 12778.

Executive Order 12866

This proposed rule is not a significant

regulatory action under Executive Order

12866 and has been reviewed by the

Office of Management and Budget.

Regulatory Flexibility Act

This proposed rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.).

Executive Order 12630

The Department has determined that

this proposed rule does not have

‘‘significant takings’’ implications. The

proposed rule does not pertain to

‘‘taking’’ of private property interests,

nor does it impact private property.

Executive Order 12612

The Department has determined that

this proposed rule does not have

significant federalism effects because it

pertains solely to Federal-tribal relations

and will not interfere with the roles,

rights and responsibilities of states.

NEPA Statement

The Department has determined that

this proposed rule does not constitute a

major Federal action significantly

affecting the quality of the human

environment and that no detailed

statement is required pursuant to the

National Environmental Policy Act of

1969.

Paperwork Reduction Act of 1995

Sections 290.11, 290.18 and 290.27

contain information collection

requirements. As required by the

Paperwork Reduction Act of 1995 (44

U.S.C. 3507(d)), the Department of the

Interior has submitted a copy of these

sections to the Office of Management

and Budget (OMB) for its review.

Collection of Information: Indian

tribes may distribute net gaming

revenues in the form of per capita

payments provided the tribe has an

approved Tribal Revenue Allocation

Plan that has been submitted and

reviewed in accordance with these

regulations. The information to be

collected includes: assurances to meet

certain statutory requirements; a

breakdown of the specific uses to which

net gaming revenues will be allocated,

eligibility requirements for

participation, tax liability notification

and the assurance of the protection and

preservation of the per capita shares

minors and legal incompetents. The

information is needed to assure that net

gaming revenues are used (1) to fund

tribal government operations and

programs, (2) to provide for the general

welfare of the Indian tribe and its

members, (3) to promote tribal economic

development, (4) to donate to charitable

organizations, and (5) to fund operations

of local government agencies.

All information is to be collected

upon the submission by an Indian tribe

of a tribal revenue allocation plan or any

amendments thereto for approval.

Annual reporting and recordkeeping

burden for this collection of information

is estimated to average 75–100 hours for

each response for 225 respondents,

including the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed and completing and

reviewing the collection of information.

Thus, the total annual reporting and

recordkeeping burden for this collection

is estimated to be 22,500 hours.
Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Proposed Rules 29045

Organizations and individuals

desiring to submit comments on the

information collection requirement

should direct them to the Office of

Information and Regulatory Affairs,

OMB, Room 10202, New Executive

Office Building, Washington, D.C.

20503; Attention: Desk Officer for the

U.S. Department of the Interior.

The Department considers comments

by the public on this proposed

collection of information in—

Evaluating whether the proposed

collection of information is necessary

for the proper performance of the

functions of the Department, including

whether the information will have

practical utility;

Evaluating the accuracy of the

Department’s estimate of the burden of

the proposed collection of information,

including the validity of the

methodology and assumptions used;

Enhancing the quality, usefulness,

and clarity of the information to be

collected; and

Minimizing the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

collection techniques or other forms of

information technology.

OMB is required to make a decision

concerning the collection of information

contained in these proposed regulations

between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to the OMB is best assured of having its

full effect if OMB receives it within 30

days of publication. This does not affect

the deadline for the public to comment

to the Bureau of Indian Affairs on the

proposed regulations.

Unfunded Mandates Act of 1995

This rule imposes no unfunded

mandates on any governmental or

private entity and is in compliance with

the provisions of the Unfunded

Mandates Act of 1995.

Drafting Information

The primary author of this document

is Nancy Pierskalla, Management

Analyst, Bureau of Indian Affairs,

Department of the Interior.

List of Subjects in 25 CFR Part 290

Indians—business and finance,

Indians—gaming.

For the reasons given in the preamble,

Part 290 of Title 25, Chapter I of the

Code of Federal Regulations is proposed

to be added as set forth below.

PART 290—TRIBAL REVENUE

ALLOCATION PLANS

Sec.

290.1 Purpose.

290.2 Definitions.

290.3 What will the Secretary approve?

290.4 What is a tribal revenue allocation

plan?

290.5 Who must submit a tribal revenue

allocation plan?

290.6 Must an Indian tribe have a tribal

revenue allocation plan if it is not

making per capita payments?

290.7 Do Indian tribes have to make per

capita payments from net gaming

revenues to tribal members?

290.8 How may an Indian tribe use net

gaming revenues if it does not have an

approved tribal revenue allocation plan?

290.9 Is an Indian tribe in violation of IGRA

if it makes per capita payments to

members without an approved tribal

revenue allocation plan?

290.10 May an Indian tribe distribute per

capita payments from net gaming

revenues derived from either Class II or

Class III gaming without a tribal revenue

allocation plan?

290.11 What information must the tribal

revenue allocation plan contain?

290.12 Under what conditions may an

Indian tribe distribute per capita

payments?

290.13 How must an Indian tribe divide or

allocate per capita funds?

290.14 Who can share in a per capita

payment?

290.15 How does an Indian tribe disburse

the per capita shares of minors and legal

incompetents?

290.16 Must the Indian tribe establish trust

accounts with financial institutions for

minors and legal incompetents?

290.17 Can the per capita payments of

minors and legal incompetents be

deposited into Bureau of Indian Affairs

Individual Indian Monies (IIM)

Accounts?

290.18 What documents must the Indian

tribe include with the tribal revenue

allocation plan?

290.19 Where should the Indian tribe

submit the tribal revenue allocation

plan?

290.20 What action must the Appropriate

Bureau Official take?

290.21 How long will the review by the

Appropriate Bureau Official take?

290.22 What action will the Appropriate

Bureau Official take if the plan cannot be

approved?

290.23 May an Indian tribe appeal the

Appropriate Bureau Official’s decision?

290.24 What happens if an Indian tribe

makes per capita payments without an

approved tribal revenue allocation plan?

290.25 How does the Indian tribe assure

compliance with its tribal revenue

allocation plan?

290.26 How does the Indian tribe resolve

disputes arising from per capita

distributions?

290.27 Do changes/amendments to a tribal

revenue allocation plan require

approval?

290.28 What is the liability of the United

States under this part?

Authority: 5 U.S.C. 301, 25 U.S.C. 2 , 9 and

2710.

§ 290.1 Purpose.

This part contains procedures for

submitting, reviewing and approving

tribal revenue allocation plans for

distributing net gaming revenues from

tribal gaming activities. It applies to

review of tribal revenue allocation plans

adopted under the IGRA.

§ 290.2 Definitions.

Appropriate Bureau Official means

the Bureau Official with delegated

authority to approve tribal revenue

allocation plans.

IGRA means the Indian Gaming

Regulatory Act of 1988 (Public Law

100–497) 102 Stat. 2467 dated October

17, 1988 (Codified at 25 U.S.C. 2701–21

(1988)) and any amendments.

Indian Tribe means any Indian Tribe,

Band, Nation, or other organized group

or community of Indians that the

Secretary recognizes as

(1) Eligible for the special programs

and services provided by the United

States to Indians because of their status

as Indians, and

(2) Having powers of self-government.

Legal incompetent is an individual

beneficiary eligible to participate in a

per capita payment and who has been

declared to be under a legal disability,

other than being a minor, by a court of

competent jurisdiction, including tribal

justice systems.

Member of an Indian tribe means

(1) An individual who meets the

membership requirements of the tribe as

set forth in its governing document or

(2) Absent such a document, has been

recognized as a member by the tribal

governing body, and has consistently

maintained tribal relations with the

tribe or is listed on the tribal rolls of that

tribe as a member, if such rolls are kept.

Minor is an individual beneficiary

who is eligible to participate in a per

capita payment and who has not

reached the age of eighteen (18) years.

Per capita means any payment made

to all members of the tribe, or, to

identified groups of members, pursuant

to the per capita provisions of a tribal

revenue allocation plan.

Resolution means the formal

document in which the tribal governing

body expresses its legislative will in

accordance with its governing

document. In the absence of an

governing document, a written

expression adopted by the tribal

governing body will be acceptable.

Secretary means the Secretary of the

Interior or his authorized representative.
29046 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Proposed Rules

Superintendent means the official or

other designated representative of the

Bureau of Indian Affairs in charge of the

field office which has immediate

administrative responsibility for the

affairs of the tribe, band, or group for

which a tribal revenue allocation plan is

prepared.

Tribal Governing Body means the

governing body of an Indian tribe

recognized by the Secretary.

Tribal Revenue Allocation Plan means

the document submitted by an Indian

tribe that provides for distributing net

gaming revenues.

You and your means the Indian tribe.

§ 290.3 What will the Secretary approve?

The Secretary will review and

approve tribal revenue allocation plans

for compliance with IGRA.

§ 290.4 What is a tribal revenue allocation

plan?

It is the document you must submit

that describes how you will allocate net

gaming revenues.

§ 290.5 Who must submit a tribal revenue

allocation plan?

Any Indian tribe that intends to make

a per capita payment from net gaming

revenues.

§ 290.6 Must an Indian tribe have a tribal

revenue allocation plan if it is not making

per capita payments?

No, if you do not make per capita

payments, you do not need to submit a

tribal revenue allocation plan.

§ 290.7 Do Indian tribes have to make per

capita payments from net gaming revenues

to tribal members?

No. You do not have to make per

capita payments.

§ 290.8 How may an Indian tribe use net

gaming revenues if it does not have an

approved tribal revenue allocation plan?

Without an approved tribal revenue

allocation plan, you may only use net

gaming revenues to fund tribal

government operations or programs; to

provide for the general welfare of your

tribe and its members; to promote tribal

economic development; to donate to

charitable organizations; or to help fund

operations of local government agencies.

§ 290.9 Is an Indian tribe in violation of

IGRA if it makes per capita payments to

members without an approved tribal

revenue allocation plan?

Yes, you are in violation of IGRA. If

you refuse to comply, the Department of

Justice may enforce the per capita

requirements of IGRA.

§ 290.10 May an Indian tribe distribute per

capita payments from net revenues derived

from either Class II and Class III without a

tribal revenue allocation plan?

No, IGRA requires that you have an

approved tribal revenue allocation plan.

§ 290.11 What information must the tribal

revenue allocation plan contain?

(a) You must prepare a tribal revenue

allocation plan that includes a

percentage breakdown of the uses for

which you will allocate net gaming

revenues. The percentage breakdown

must total one-hundred percent (100%).

(b) The tribal revenue allocation plan

must meet the following criteria:

(1) It must ensure that not more than

fifty percent (50%) of the net gaming

revenues be used for per capita

payments to members.

(2) It must reserve a significant

portion of net gaming revenues from the

tribal gaming activity for the following

purposes:

(i) To fund tribal government

operations or programs;

(ii) To provide for the general welfare

of the tribe or its members;

(iii) To promote tribal economic

development;

(iv) To donate to charitable

organizations; or

(v) To help fund operations of local

government.

(3) It must contain sufficient

information, for review by the Secretary

as required by IGRA, in particular

regarding funding for tribal

governmental operations or programs

and for promoting tribal economic

development.

(4) It must protect and preserve the

interests of minors and other legally

incompetent persons entitled to receive

per capita payments. It must also ensure

that per capita payments due to a minor

or incompetent are given to the parents

or legal guardian of these minors or

incompetents in amounts necessary for

the health, education or welfare of the

minor or incompetent.

(5) It must describe how you will

notify members of the tax liability of the

per capita payments and how you will

withhold taxes for all recipients in

accordance with Internal Revenue

Service regulations contained in 26 CFR

part 31.

(6) It must authorize the distribution

of per capita payments to members

according to specific eligibility

requirements and establish a process for

dispute resolution.

§ 290.12 Under what conditions may an

Indian tribe distribute per capita payments?

You may make per capita payments

only after the Secretary approves your

tribal revenue allocation plan.

§ 290.13 How must an Indian tribe divide

or allocate per capita funds?

You must divide all per capita funds

equally among the members of your

tribe, or to the identified groups of

members eligible to participate.

§ 290.14 Who can share in a per capita

payment?

(a) You must establish your own

criteria for determining whether all

members or identified groups of

members are eligible for per capita

payments.

(b) If the tribal revenue allocation

plan calls for distributing per capita

payments to an identified group of

members rather than to all members,

you must justify limiting this payment

to the identified group of members. You

must make sure that:

(1) The distinction between members

eligible to receive payments and

members ineligible to receive payments

is reasonable and not arbitrary;

(2) The distinction does not

discriminate or otherwise violate the

Indian Civil Rights Act;

(3) The justification complies with

your governing document.

§ 290.15 How does an Indian tribe

disburse the per capita shares of minors

and legal incompetents?

You must prescribe the conditions for

disbursing funds under the tribal

revenue allocation plan to the parents or

legal guardian of a minor or legal

incompetent.

§ 290.16 Must the Indian tribe establish

trust accounts with financial institutions for

minors and legal incompetents?

No, but you must ensure that the

shares allocated to minors and legal

incompetents are protected and

preserved and that the funds are given

to parents or legal guardian in sufficient

amounts necessary for the health,

education, or welfare of the minor or

legal incompetent.

§ 290.17 Can the per capita payments of

minors and legal incompetents be

deposited into Bureau of Indian Affairs

Individual Indian Monies (IIM) Accounts?

No. You may not use IIM accounts.

The Secretary will not accept voluntary

deposits to IIM accounts.

§ 290.18 What documents must the Indian

tribe include with the tribal revenue

allocation plan?

You must include:

(a) A written request for approval of

the tribal revenue allocation plan; and

(b) A tribal resolution or other

document, including the date and place

of adoption and the result of any vote

taken, that certifies you have adopted
Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Proposed Rules 29047

the tribal revenue allocation plan

according to your governing document.

§ 290.19 Where should the Indian tribe

submit the tribal revenue allocation plan?

You must submit your tribal revenue

allocation plan to your respective

Superintendent. The Superintendent

will review the tribal revenue allocation

plan to make sure it has been properly

adopted and contains all information

needed. The Superintendent will then

transmit the tribal revenue allocation

plan promptly to the Appropriate

Bureau Official.

§ 290.20 What action must the Appropriate

Bureau Official take?

The Appropriate Bureau Official must

approve any tribal revenue allocation

plan that is sufficiently detailed to allow

the Appropriate Bureau Official to

determine that it complies with § 290.11

and the IGRA.

§ 290.21 How long will the review by the

Appropriate Bureau Official take?

(a) Within 90 days after the

Appropriate Bureau Official receives the

tribal revenue allocation plan, or such

shorter time as may be provided in the

tribes’ governing documents approved

by the Secretary, the Appropriate

Bureau Official must review and

approve the tribal revenue allocation

plan if it conforms with this part and

the IGRA.

(b) If the tribal revenue allocation

plan does not conform to the

requirements of IGRA or this part, the

Appropriate Bureau Official will send

you a written notice within the time

periods set forth in paragraph (a) of this

section. The notice will explain why the

tribal revenue allocation plan does not

comply with this part or the IGRA and

tell you how to bring it into compliance.

§ 290.22 What action will the Appropriate

Bureau Official take if the tribal revenue

allocation plan cannot be approved?

The Appropriate Bureau Official will

not approve any tribal revenue

allocation plan for distribution of net

gaming revenues from a tribal gaming

activity if:

(a) The tribal revenue allocation plan

is inadequate, particularly with respect

to the requirements described in

§ 290.11 and IGRA, and you fail to bring

it into compliance; or

(b) The tribal revenue allocation plan

is not adopted in compliance with your

governing documents; or

(c) The tribal revenue allocation plan

does not include a reasonable

justification for limiting per capita

payments to certain groups of members;

or

(d) The tribal revenue allocation plan

violates the Indian Civil Rights Act of

1968, any other provision of Federal

law, or the United States’ trust

obligations.

§ 290.23 May an Indian tribe appeal the

Appropriate Bureau Official’s decision?

Yes, the Appropriate Bureau Official’s

decision may be appealed in accordance

with the regulations at 25 CFR part 2.

§ 290.24 What happens if an Indian tribe

makes per capita payments without an

approved tribal revenue allocation plan?

The Department of Justice may

enforce the per capita approval

requirements of IGRA for any tribe

refusing to comply with the law.

§ 290.25 How does the Indian tribe assure

compliance with its tribal revenue allocation

plan?

You must establish a process in the

tribal revenue allocation plan for

reviewing expenditures of net gaming

revenues and explain how you will

correct deficiencies.

§ 290.26 How does the Indian tribe resolve

disputes arising from per capita

distributions?

You must establish a process to

resolve disputes arising from per capita

distributions.

§ 290.27 Do changes/amendments to a

tribal revenue allocation plan require

approval?

Yes, the Appropriate Bureau Official

must approve any changes/amendments

to a tribal revenue allocation plan to

ensure that the changes/modifications

conform to § 290.11 and the IGRA.

§ 290.28 What is the liability of the United

States under this part?

The United States is not liable for the

manner in which a tribe distributes

funds from net gaming revenues.

Dated: May 22, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–14061 Filed 6–6–96; 8:45 am]

BILLING CODE 4310–02–P

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period and Notice of Public Hearing on

Proposed Endangered Status for the

Least Chub (Iotichthys Phlegethontis)

and Proposed Designation of Its

Critical Habitat

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule; notice of public

hearing and reopening of comment

period.

SUMMARY: The Fish and Wildlife Service

(Service) provides notice that a public

hearing will be held on the proposed

determination of endangered status with

critical habitat for the least chub

(Iotichthys phlegethontis). To

accommodate the public hearing, the

comment period on the proposal is

reopened. The least chub is a small fish

in the minnow family endemic to the

Bonneville Basin in Utah. All interested

parties are invited to submit comments

on this proposal.

DATES: The public hearing will be held

from 3 p.m. to 5 p.m. and 6 p.m. to 8

p.m., with registration beginning at 2:30

p.m., on Thursday, June 27, 1996.

Comments will be accepted until July

15, 1996.

ADDRESSES: The public hearing will be

held at the Wendover High School, 110

Wildcat Blvd., Wendover, Utah. Written

comments and materials should be sent

to the Field Supervisor, Fish and

Wildlife Service, 145 East 1300 South,

Suite 404, Salt Lake City, Utah, 84115.

Comments and materials received will

be available for inspection, by

appointment, during normal business

hours, at the above address.

FOR FURTHER INFORMATION CONTACT:

Robert D. Williams, Assistant Field

Supervisor, telephone 801/524–5001

(see ADDRESSES Section).

SUPPLEMENTARY INFORMATION:

Background

The least chub (Iotichthys

phlegethontis) is a small monotypic

minnow endemic to the Bonneville

Basin of Utah where it was once

common and widely distributed.

Populations of least chub have declined

and continue to be threatened by habitat

loss and degradation, and the

introduction of nonactive species which

compete with and predate least chub.

The species is now restricted to several

spring systems in the Snake Valley of

western Utah, with one additional

population recently discovered in

eastern Juab County near Mona, Utah.

Listing the least chub as endangered

would afford the species protection

under the Endangered Species Act (Act)

of 1973, as amended (16 U.S.C. 1531 et

seq.).

On September 29, 1995, the Service

published a proposed rule (60 FR

50518) to list the least chub as an

endangered species with critical habitat.

Section 4(b)(5)(E) of the Act requires

that a public hearing be held if

requested within 45 days of publication