29040 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Proposed Rules

ADDRESSES: Written comments should

be sent to Henry B. Cabell, Presiding

Officer, Federal Trade Commission, 6th

Street and Pennsylvania Avenue, NW.,

Washington, DC 20580.

A limited number of copies of the

Presiding Officer’s Report and of the

Final Staff Report is available at the

Public Reference Section, Room 130,

Federal Trade Commission, 6th Street

and Pennsylvania Avenue NW.,

Washington, DC 20580. Telephone:

202–326–2222.

FOR FURTHER INFORMATION CONTACT:

Henry B. Cabell (Presiding Officer),

202–326–3642, or John M. Mendenhall,

Assistant Regional Director, Cleveland

Regional Office, 216–522–4210.

SUPPLEMENTARY INFORMATION: In a

Notice of Proposed Rulemaking

published in 53 FR 25503, July 7, 1988,

the Commission announced the

commencement of a proceeding to

consider proposed amendments to the

Games of Chance in the Food Retailing

and Gasoline Industries Trade

Regulation Rule, 16 CFR Part 419 (the

Rule), and invited written comment on

the proposed amendments. These

comments were received, however, a

public hearing was not held since none

of the interested parties expressed a

desire for one. The Final Staff Report

and the Presiding Officer’s Report,

containing his recommended decision,

have now been placed on the

rulemaking record (Public Record No.

215–66). During the post record

comment period which will end on

August 6, 1996, the public, including

persons interested in the proceeding, are

invited to submit comments on both

reports. Such comments should be

confined to information already in the

rulemaking record and submitted on 81⁄2

by 11 inch paper. Those in excess of

four pages should be accompanied by

four copies.

Post record comments may include

requests for review by the Commission

of any rulings or other determinations

made by the Presiding Officer and

contain requests for an opportunity to

make an oral presentation to the

Commission pursuant to Commission

Rule 1.13(i) (16 CFR 1.13(i)). The

inclusion in comments of further

evidence or factual material not

presently in the rulemaking record may

result in rejection of the comment as a

whole.

The Commission has not yet reviewed

the rulemaking record in this

proceeding or determined the nature or

extent of any action it may take with

respect to the Rule. Any decision by the

Commission in this matter will be based

solely upon the contents of the

rulemaking record, including the

material submitted in response to this

notice.

Publication of the Presiding Officer’s

Report and the Final Staff Report should

not be interpreted as representing the

views of the Commission or of any

individual Commissioner.

List of Subjects in 16 CFR Part 453

Advertising, Foods, Gambling,

Gasoline, Trade practices.

Henry B. Cabell,

Presiding Officer.

[FR Doc. 96–14293 Filed 6–6–96; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 175

RIN 1076–AD45

Indian Electric Power Utilities

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The regulations on Indian

electric power utilities were identified

for reinvention under the National

Performance Review. This proposed

revision is written in plain English to

make the rule easier to read and

understand for utility customers and

operators.

DATES: Comments by interested parties

must be in writing and we must receive

them before August 6, 1996.

ADDRESSES: You must mail or hand

carry your comments to Terrance

Virden, Acting Director, Office of Trust

Responsibilities, Bureau of Indian

Affairs, Department of the Interior, 1849

C Street, N.W., MS 4513 MIB,

Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Ross

Mooney, Chief, Branch of Irrigation and

Power, Division of Water and Land

Resources, Bureau of Indian Affairs,

Department of the Interior, 1849 C

Street, N.W., MS 4513 MIB,

Washington, D.C. 20240, Phone Number

(202)208–5480.

SUPPLEMENTARY INFORMATION: We are

publishing this proposed rule by the

authority delegated by the Secretary of

the Interior to the Assistant Secretary—

Indian Affairs by 209 DM 8.

Our policy is to give the public an

opportunity to participate in the rule

making process by submitting written

comments regarding proposed rules. We

will consider all comments received

during the public comment period. We

will determine necessary revisions and

issue the final rule. Please refer to this

preamble’s ADDRESSES section for where

you must submit your written

comments on this proposed rule.

We 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.

This rule is not a significant rule

under Executive Order 12866 and does

not require approval by the Office of

Management and Budget.

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.

We determined this proposed rule:

(a) Does not constitute a major Federal

action significantly affecting the human

environment, and no detailed statement

is needed under the National

Environmental Policy Act of 1969;

(b) Does not have significant takings

implications in accordance with

Executive Order 12630; and

(c) Does not have significant

Federalism effects.

(d) Does 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.).

Paperwork Reduction Act of 1995

Section 175.13(a) contains

information collection requirements. As

required by the Paperwork Reduction

Act of 1995 (44 U.S.C. 3507(d)), the

Bureau of Indian Affairs has submitted

a copy of this section to the Office of

Management and Budget (OMB) for its

review.

We need to know the customer’s

name, address, phone number, social

security number, the kind of service

desired, and where the service is

needed.

All information is collected when

applying for electric service. Reporting

and record keeping burden for this

collection of information is estimated to

average 15 minutes for each response,

including time for gathering and

maintaining data and completing and

reviewing the collection of information.

The total reporting and record keeping

burden for this collection is estimated to

be less than 1188 hours per year.

Organizations and individuals

wishing 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.
Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Proposed Rules 29041

20503; Attention Desk Officer for U.S.

Department of the Interior.

The Bureau of Indian Affairs

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 Bureau, including

whether the information will have

practical utility;

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 collection techniques

or other form 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 affect 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 rule.

List of Subjects in 25 CFR Part 175

Indian-lands, Irrigation.

For the reasons set out in the

preamble, we propose to revise Part 175

of Title 25 of the Code of Federal

Regulations, as follows:

PART 175—INDIAN ELECTRIC POWER

UTILITIES

Subpart A—General Provisions

Sec.

175.01 Definitions

175.02 Does this part apply to you?

175.03 Do you need to comply?

175.04 Information Collection.

Subpart B—How do we operate a power

facility?

175.10 We prepare a manual to tell you

how we operate.

175.11 What are our responsibilities?

175.12 What are our employees’

responsibilities?

175.13 What are your responsibilities?

175.14 How can you lose your electric

service?

Subpart C—What Does It Cost Us To

Operate A Power Facility?

175.20 What will we bill you for?

Subpart D—How do we pay for Operating a

Power Facility?

175.30 What do your power bills pay for?

175.31 We charge service fees.

175.32 We charge electric power rates.

175.33 We charge to recover costs of

purchased power for resale to you.

175.34 How we notify you?

175.35 How do we bill you?

175.36 How do you pay us?

Subpart E—How do we Extend or Upgrade

Your Power System?

175.40 When do we extend or upgrade your

power system?

175.41 You can pay for system extension or

upgrades.

175.42 You may receive a refund of your

construction costs.

175.43 We need a right-of-way for your

system.

Subpart F—If you do not Agree with our

Actions.

175.50 You may appeal to us.

175.51 You may appeal to the Interior

Board of Indian Appeals.

175.52 While your appeal is pending.

Authority: 5 U.S.C. 301; sec. 2, 49 Stat.

1039–1040; 54 Stat. 422; sec. 5, 43 Stat. 475–

476; 45 Stat. 210–211; and sec. 7, 62 Stat.

273.

Subpart A—General Provisions

§ 175.01 Definitions.

Appellant means any person who files

an appeal under this part.

Customer means any individual,

business, or government entity to whom

we provide the services of a utility or

who seeks to have us provide the

services of a utility.

Customer Service means the

assistance or service we provide to

customers, other than the actual

delivery of electric power or energy,

including, but not limited to, such items

as: line extension, system upgrade,

meter testing, connection or

disconnection, special meter reading, or

other assistance or service as provided

for in the operations manual.

Electric Power Utility or Utility means

that program administered by the

Bureau of Indian Affairs which provides

for the marketing of electric power or

energy.

Electric Service means the delivery of

electric energy or power by the utility to

the point of delivery pursuant to

execution of a service agreement or

special contract as provided for in the

operations manual.

Inventory valuation means our

accounting procedures for fixing the

costs for supplies we hold in inventory.

Operations Manual means the utility’s

written compilation of its procedures

and practices which govern service the

utility provides.

Power Rates means the charges we

establish in a rate schedule(s) for

electric service we provide to a

customer.

Purchased Power means power or

energy we buy from another power

marketing organization for resale to our

customers.

Service means electric service and

customer service which we provide.

Service Agreement means the written

form provided by the utility which

constitutes a binding agreement

between the customer and the utility for

service except for service which the

utility provides to the customer under a

special contract.

Service Fees means charges for

providing administrative or customer

service to customers, prospective

customers, and other entities having

business relationships with the utility.

Service Life means the period of time

we can expect performance to design

standards from a plant or capitalized

equipment.

Special Contract means a written

agreement between the utility and a

customer for special conditions of

service.

Utility office(s) means the current or

future facility or facilities which the

utility uses for conducting general

business with customers.

We means the United States

Government, the Department of the

Interior, the Secretary, the Bureau of

Indian Affairs, and all who are

authorized to represent us in matters

covered under this part.

You means a customer of a Bureau of

Indian Affairs power utility.

§ 175.02 Does this part apply to you?

The purpose of this part is to regulate

the electric power utilities administered

by the Bureau of Indian Affairs.

§ 175.03 Do you need to comply?

All utilities and customers of utilities

administered by the Bureau of Indian

Affairs are bound by this part.

§ 175.04 Information collection.

The information collection

requirements contained in § 175.13(a)

will be approved by the Office of

Management and Budget as required by

44 U.S.C. 3501 et seq. We collect this

information to provide you the

appropriate electric power service and

an accurate bill. You must provide this

information to obtain electric power

service.

Subpart B—How Do We Operate a

Power Facility?

§ 175.10 We prepare a manual to tell you

how we operate.

We will establish an operations

manual to administer the utility

consistent with this part and all

applicable laws and regulations. We

will amend the operations manual as

needed.

(a) We will notify you of changes we

propose to make to the operations
29042 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Proposed Rules

manual. We will notify you of a

proposed action to establish or amend

the operations manual at least 30 days

before the effective date of the proposed

action so that you may comment on our

proposed action. We will publish

notices of the proposed action in the

Federal Register. The notice will give

you:

(1) A brief description of the proposed

action;

(2) The effective date of the proposed

action;

(3) The name, address and telephone

number of the person you should

contact if you have comments or

questions; and

(4) The period of time you have to

submit your comments or views of the

proposed action.

(b) We will consider your comments.

We will consider your comments before

we establish or amend the operations

manual. We will notify you of any

decisions we make finalizing the

operations manual and we will provide

an explanation of how we made the

decisions in the notice.

§ 175.11 What are our responsibilities?

We must:

(a) Provide you with reliable energy.

We will define the specific types of

service and limitations on our service in

our operations manual.

(b) Construct and operate facilities in

accordance with accepted industry

practice.

(c) Exercise reasonable care in

protecting your equipment and

property.

(d) Comply with additional

requirements we define in the

operations manual.

(e) Read your meters or authorize you

to read your meters at intervals

prescribed in the operations manual,

service agreement, or special contract,

except where we cannot read the meter

due to conditions described in the

operations manual.

(f) Get your permission to operate or

handle your equipment, except to

eliminate what, in our judgment, is an

unsafe condition.

(g) Prevent the unauthorized use of

electricity.

§ 175.12 What are our employees—

responsibilities?

Our employees are forbidden to

accept any personal compensation from

you or any payment for services related

to their employment by the utility.

§ 175.13 What are your responsibilities?

You must:

(a) Enter into a written service

agreement or special contract with us to

obtain electrical power services.

(b) Install and operate your equipment

in compliance with the National

Electrical Manufacturers Association

Standards and/or the National Electrical

Code of the National Board of Fire

Underwriters for Electric Wiring and

Apparatus as they apply to you.

(c) Pay all your financial obligations

resulting from your receiving utility

service.

(d) Comply with additional

requirements we may define in the

operations manual.

(e) Prevent unauthorized use of

electricity.

(f) Not install or use equipment which

will adversely affect the utility system

or other customers of the utility.

§ 175.14 How can you lose your electric

service?

We may discontinue your service if

you do not comply with our

requirements as stated in this part and

in the operations manual. We will

define our procedures for discontinuing

your service in the operations manual.

Subpart C—What Does It Cost To

Operate a Power Facility?

§ 175.20 What will we bill you for?

(a) We will bill you for the following

three types of costs:

(1) Service fees are for services we

provide to you that are not power

consumption; i.e., you apply for

electricity where there are no poles and

wires, we charge you the cost of

installing the poles and wire.

(2) Electric power rate is the cost of

power we provide to you; i.e., your

meter reading.

(3) Purchased power costs are the

costs of power we buy for resale to you.

(b) We will compute our costs to

operate a power facility as the total

marginal costs for: power generation,

power transmission, power distribution,

operation and maintenance, debt

servicing, capital improvements, minus

miscellaneous revenues.

(c) We will compute our inventory

valuation based on a last in—first out

(LIFO) depreciation method and we will

depreciate our plants and capital

equipment by applying straight line

depreciation over the service life of the

plant or equipment. We will include

plant and equipment service life tables

in the operations manual.

Subpart D—How Do We Pay for

Operating a Power Utility?

§ 175.30 What do your power bills pay for?

The Act of August 7, 1946 (60 Stat.

895), as amended by the Act of August

31, 1951 (65 Stat. 254) provides that we

collect revenues from power operations

to:

(a) Pay our expenses for operating and

maintaining the utility.

(b) Create and maintain reserve funds

to be available so that we can:

(1) Make repairs and replacements to

the utility;

(2) Defray emergency expenses for the

utility;

(3) Ensure the continuous operation of

the utility.

(c) Amortize construction costs

allocated to be returned from power

revenues, in accordance with the

repayment provisions of the applicable

statutes or contracts.

(d) Pay other expenses and obligations

chargeable to power revenues to the

extent required or permitted by law.

§ 175.31 We charge service fees.

Annually we will unilaterally

establish service fees to recover our

expenses for providing services to you.

We will publish a schedule of the

service fees and the effective date in the

Federal Register, as provided in

§ 175.34. Our decision on the amount of

the service fees is final. The fees will

remain in effect until we amend them.

§ 175.32 We charge electric power rates.

Annually we will review the rates we

charge for electric power or energy. We

will use the annual review to decide if

the revenues we collect are sufficient to

pay for our costs defined under

§ 175.30. If our current rates and fees are

not sufficient to cover our costs, we will

conduct further studies to determine

whether we should adjust the rates and

to prepare rate schedules which will

return sufficient revenues. If we decide

we must adjust the rates we charge, we

will inform you. We will publish a

notice of the rate increase in the Federal

Register, as provided in § 175.34.

§ 175.33 We charge to recover costs of

purchased power for resale to you.

When the cost we pay for purchased

power or energy changes, we will

compute how much it changes the cost

for services we provide to you and we

will adjust the power rates accordingly.

When we decide we must adjust the

rates we charge, we will inform you. We

will publish a notice of the rate increase

in the Federal Register, as provided in

§ 175.34.

§ 175.34 How we notify you.

(a) If we decide we must adjust the

rates or fees we charge, we will inform

you of the proposed adjustments. We

will publish in the Federal Register a

notice of the proposed change. The

notice will give you:
Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Proposed Rules 29043

(1) A description of the proposed

action;

(2) The name, address, and telephone

number of the person you should

contact if you have comments or

questions; and

(3) The period of time you have to

submit your comments or views of the

proposed action.

(b) You may comment on our

proposed changes. You may submit

written statements to us. We will

incorporate your statements into our

record.

(c) We will consider your comments.

We will consider all your written

statements before we finalize the

proposed changes. We will decide any

issues you raise concerning the

proposed changes. We will notify you of

our decisions and provide you an

explanation of how we made the

decisions through a notice which we

will publish in the Federal Register.

The changes will remain in effect until

we make further adjustments using

these same procedures.

§ 175.35 How do we bill you?

(a) Metered customers—We will

compute your bills using the published

rate schedules. We will bill you

monthly unless you have a special

contract with different billing

arrangements. We will measure your

power or energy demand using the

register on the meter at your point of

delivery. We will estimate your power

or energy demand if: your meter has

failed; the seal on your meter is broken;

or our employees cannot read the meter

registrations. We will base our estimate

on the pattern of your prior power

consumption or on an estimate of your

electric load if you have no billing

history with us.

(b) Unmetered customers—We will

bill you according to the provisions of

your special contract.

(c) Service fee billing—We will send

you a special bill for other services we

provide you.

§ 175.36 How do you pay us?

(a) You may pay us in person or you

may mail your payment to the utility

office which we designate in our

operations manual. We may refuse for

cause to accept personal checks for

payment of bills.

(b) What if your check bounces? We

will try to collect payment from you if

your bank returns your check due to

insufficient funds or other cause. We

will assess interest, penalties and

administrative charges for each

delinquent account and collection

action we take other than court

proceedings. We will consider your

account to be delinquent if you do not

redeem your check and we may

discontinue your service. We will

accept only cash, a cashier’s check, or

a money order to cover an unredeemed

check and associated charges.

Subpart E—How Do We Extend or

Upgrade Your Power System?

§ 175.40 When do we extend or upgrade

your power system?

We may extend or upgrade a power

system to serve new or increased loads.

§ 175.41 You can pay for system

extensions or upgrades.

You may contract with us to finance

the construction necessary to extend or

upgrade the power system if the

construction would not be adverse to

the interest of the utility. We must

approve your construction plans and

specifications, any items you furnish, or

construction you perform. You may

also:

(a) Furnish materials or equipment for

an extension or upgrade to the system;

(b) Install materials or equipment for

an extension or upgrade to the system;

or

(c) Pay us to install materials or

equipment for an extension or upgrade

to the system.

§ 175.42 You may receive a refund of your

construction costs.

We may refund all or part of your

payment for construction costs. If we do

this, we will stipulate the arrangements

for your refund in a special contract. We

will consider refunding your costs if:

(a) Additional customers are later

served by your extension or upgrade; or

(b) We determine that the service will

provide substantial economic benefits to

the utility as a whole.

§ 175.43 We need a right of way for your

system.

You are responsible for obtaining the

rights of way necessary for us to furnish

services to you where there is no

existing right(s) of way for our facilities.

All rights of way, material, or

equipment you furnish or install will be

our property.

Subpart F—If You Do Not Agree With

Our Actions

§ 175.50 You may appeal to us.

(a) If you feel any of our actions or

decisions adversely affect you, you may

file a notice of appeal with us within 30

days of our action. You must submit the

notice of appeal in writing and clearly

identify the decision which you are

appealing. We will grant no extension of

time for filing a notice of appeal. We

will list the address where appeals must

be sent in the operations manual.

(b) Within 30 days after you file a

notice of appeal, you must file a

statement with us which lists the

reasons for your appeal. In the statement

you must explain why you believe the

decision under appeal is wrong and you

must include your arguments and any

supporting documentation. You may file

the statement of reason(s) at the same

time as the notice of appeal. We may

summarily dismiss your appeal if you

do not file a statement of reason(s).

(c) You must deliver your documents

to us or ensure they are received in the

facility officially designated for receipt

of mail addressed to us.

(d) Within 30 days of your filing your

statement of reasons, we will:

(1) Decide your appeal in writing; or

(2) Refer your appeal to the Office of

Hearings and Appeals Board of Indian

Appeals for a decision.

§ 175.51 You may appeal to the Interior

Board of Indian Appeals.

(a) You may file an appeal of any

decision with the Office of Hearings and

Appeals Board of Indian Appeals if:

(1) We do not decide your appeal

within 30 days of your filing your

statement of reasons; or

(2) You do not agree with our decision

regarding an action you appealed to us.

(b) We will list the address for the

Office of Hearings and Appeals Board of

Indian Appeals in the operations

manual.

(c) To file your appeal with the Office

of Hearings and Appeals Board of

Indian Appeals, you must follow the

provision of 43 CFR, part 4, subpart D,

except that you must file a notice of

appeal from a decision under §§ 175.31

and 175.33 within 30 days of

publication of the decision. If the Office

of Hearings and Appeals Board of

Indian Appeals does not receive an

appeal within the time frames defined

in 43 CFR part 4, subpart D, our

decision will be final.

(d) If we refer your appeal to the

Office of Hearings and Appeals Board of

Indian Appeals rather than deciding the

appeal ourself, we will make the

referral.

§ 175.52 While your appeal is pending

If your appeal involves:

(a) Our discontinuing your service, we

do not have to resume your service

during the appeal process unless you

meet our requirements.

(b) The amount of a bill and you have

paid the bill, we will acknowledge that

you have paid the bill under protest

until the final decision on your appeal

is rendered.
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.