82_FR_49860 82 FR 49654 - Indian Gaming; Tribal-State Class III Gaming Compact Taking Effect in the State of New Mexico

82 FR 49654 - Indian Gaming; Tribal-State Class III Gaming Compact Taking Effect in the State of New Mexico

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 82, Issue 206 (October 26, 2017)

Page Range49654-49654
FR Document2017-23343

The notice announces that the Tribal-State Class III Gaming Compact between the Pueblo of Pojoaque and State of New Mexico is taking effect.

Federal Register, Volume 82 Issue 206 (Thursday, October 26, 2017)
[Federal Register Volume 82, Number 206 (Thursday, October 26, 2017)]
[Notices]
[Page 49654]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-23343]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[189A2100DD/AAKC001030/A0A501010.999900 253G]


Indian Gaming; Tribal-State Class III Gaming Compact Taking 
Effect in the State of New Mexico

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice

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SUMMARY: The notice announces that the Tribal-State Class III Gaming 
Compact between the Pueblo of Pojoaque and State of New Mexico is 
taking effect.

DATES: This notice is applicable as of October 26, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Paula L. Hart, Director, Office of 
Indian Gaming, Office of the Deputy Assistant Secretary--Policy and 
Economic Development, Washington, DC 20240, (202) 219-4066.

SUPPLEMENTARY INFORMATION: 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 are subject to review and approval by the 
Secretary. The Secretary took no action on the compact between the 
Pueblo of Pojoaque and the State of New Mexico 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).

    Dated: October 23, 2017.
 Gavin Clarkson,
Deputy Assistant Secretary, Policy and Economic Development--Indian 
Affairs.
[FR Doc. 2017-23343 Filed 10-25-17; 8:45 am]
 BILLING CODE 4337-15-P



                                               49654                       Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Notices

                                               Secretary’s designee, has legal authority               Project C was placed in service on                    consultation and funding requirements
                                               to designate DDAs and QCTs, in                          November 15, 2014. A complete                         of section 6 of the executive order. This
                                               accordance with 26 U.S.C. 42(d)(5), by                  application for tax-exempt bond                       notice merely designates DDAs as
                                               publishing lists of geographic entities as              financing for Project C is filed with the             required under IRC Section 42, as
                                               defined by, in the case of DDAs, the                    bond-issuing agency on January 15,                    amended, for the use by political
                                               Census Bureau, the several states and                   2015. The bonds that will support the                 subdivisions of the states in allocating
                                               the governments of the insular areas of                 permanent financing of Project C are                  the LIHTC. As a result, this notice is not
                                               the United States and, in the case of                   issued on September 30, 2015. Project C               subject to review under the order.
                                               QCTs, by the Census Bureau; and to                      is NOT eligible for the increase in basis               Dated: October 19, 2017.
                                               establish the effective dates of such lists.            otherwise accorded a project in a 2015                Kurt G. Usowski,
                                               The Secretary of the Treasury, through                  DDA, because the project was placed in
                                               the IRS thereof, has sole legal authority                                                                     Deputy Assistant Secretary for Economic
                                                                                                       service BEFORE January 1, 2015.                       Affairs.
                                               to interpret, and to determine and                         (Case D) Project D is located in an area
                                                                                                                                                             [FR Doc. 2017–23306 Filed 10–25–17; 8:45 am]
                                               enforce compliance with the IRC and                     that is a DDA in 2015, but is NOT a DDA
                                               associated regulations, including                                                                             BILLING CODE 4210–67–P
                                                                                                       in 2016, 2017, or 2018 and is in a
                                               Federal Register notices published by                   declared county. A complete
                                               HUD for purposes of designating DDAs                    application for tax-exempt bond
                                               and QCTs. Representations made by any                   financing for Project D is filed with the             DEPARTMENT OF THE INTERIOR
                                               other entity as to the content of HUD                   bond-issuing agency on October 30,
                                               notices designating DDAs and QCTs that                                                                        Bureau of Indian Affairs
                                                                                                       2015. Bonds are issued for Project D on
                                               do not precisely match the language                     January 30, 2018, but Project D is not                [189A2100DD/AAKC001030/
                                               published by HUD should not be relied                   placed in service until July 30, 2018.                A0A501010.999900 253G]
                                               upon by taxpayers in determining what                   Project D is eligible for the increase in
                                               actions are necessary to comply with                    basis available to projects located in                Indian Gaming; Tribal-State Class III
                                               HUD notices.                                            2015 DDAs because: (1) One of the two                 Gaming Compact Taking Effect in the
                                                                                                       events necessary for triggering the                   State of New Mexico
                                               Interpretive Examples of Effective Date
                                                                                                       effective date for buildings described in             AGENCY:   Bureau of Indian Affairs,
                                                  For the convenience of readers of this               Section 42(h)(4)(B) of the IRC (the two
                                               notice, interpretive examples are                                                                             Interior.
                                                                                                       events being bonds issued and buildings               ACTION: Notice.
                                               provided below to illustrate the                        placed in service) took place on January
                                               consequences of the effective date in                   30, 2018, within the 850-day period
                                               areas that gain or lose DDA status. The                                                                       SUMMARY:   The notice announces that the
                                                                                                       after a complete application for tax-                 Tribal-State Class III Gaming Compact
                                               examples covering DDAs are equally                      exempt bond financing was filed, (2) the
                                               applicable to QCT designations.                                                                               between the Pueblo of Pojoaque and
                                                                                                       application was filed during a time                   State of New Mexico is taking effect.
                                                  (Case A) Project A is located in a 2015
                                                                                                       when the location of Project D was in a               DATES: This notice is applicable as of
                                               DDA that is NOT a designated DDA in
                                               2016, 2017, or 2018 and is in a declared                DDA, and (3) both the issuance of the                 October 26, 2017.
                                               county. A complete application for tax                  bonds and placement in service of
                                                                                                                                                             FOR FURTHER INFORMATION CONTACT: Ms.
                                               credits for Project A is filed with the                 Project D occurred after the application
                                                                                                                                                             Paula L. Hart, Director, Office of Indian
                                               allocating agency on November 15,                       was submitted.
                                                                                                                                                             Gaming, Office of the Deputy Assistant
                                               2015. Credits are allocated to Project A                Findings and Certifications                           Secretary—Policy and Economic
                                               on January 30, 2018. Project A is eligible                                                                    Development, Washington, DC 20240,
                                               for the increase in basis accorded a                    A. Environmental Impact
                                                                                                                                                             (202) 219–4066.
                                               project in a 2015 DDA because the                          This notice involves the                           SUPPLEMENTARY INFORMATION: Under
                                               application was filed BEFORE January                    establishment of fiscal requirements or               section 11 of the Indian Gaming
                                               1, 2016 (the effective date for the 2016                procedures that are related to rate and               Regulatory Act (IGRA) Public Law 100–
                                               DDA lists), and because tax credits were                cost determinations and do not                        497, 25 U.S.C. 2701 et seq., the
                                               allocated no later than the end of the                  constitute a development decision                     Secretary of the Interior shall publish in
                                               850-day period after the filing of the                  affecting the physical condition of                   the Federal Register notice of approved
                                               complete application for an allocation of               specific project areas or building sites.             Tribal-State compacts for the purpose of
                                               tax credits.                                            Accordingly, under 40 CFR 1508.4 of                   engaging in Class III gaming activities
                                                  (Case B) Project B is located in a 2015              the regulations of the Council on                     on Indian lands. As required by IGRA
                                               DDA that is NOT a designated DDA in                     Environmental Quality and 24 CFR                      and 25 CFR 293.4, all compacts are
                                               2016, 2017, or 2018 and is in a declared                50.19(c)(6) of HUD’s regulations, this                subject to review and approval by the
                                               county. A complete application for tax                  notice is categorically excluded from                 Secretary. The Secretary took no action
                                               credits for Project B is filed with the                 environmental review under the                        on the compact between the Pueblo of
                                               allocating agency on December 1, 2015.                  National Environmental Policy Act of                  Pojoaque and the State of New Mexico
                                               Credits are allocated to Project B on                   1969 (42 U.S.C. 4321).                                within 45 days of its submission.
                                               June 30, 2018. Project B is NOT eligible                                                                      Therefore, the Compact is considered to
                                                                                                       B. Federalism Impact
                                               for the increase in basis accorded a                                                                          have been approved, but only to the
                                               project in a 2015 DDA because, although                    Executive Order 13132 (entitled                    extent the Compact is consistent with
                                               the application for an allocation of tax                ‘‘Federalism’’) prohibits an agency from              IGRA. See 25 U.S.C. 2710(d)(8)(C).
ethrower on DSK3G9T082PROD with NOTICES




                                               credits was filed BEFORE January 1,                     publishing any policy document that
                                               2016 (the effective date of the 2016 DDA                has federalism implications if the                      Dated: October 23, 2017.
                                               lists), the tax credits were allocated later            document either imposes substantial                   Gavin Clarkson,
                                               than the end of the 850-day period after                direct compliance costs on state and                  Deputy Assistant Secretary, Policy and
                                               the filing of the complete application.                 local governments and is not required                 Economic Development—Indian Affairs.
                                                  (Case C) Project C is located in a 2015              by statute, or the document preempts                  [FR Doc. 2017–23343 Filed 10–25–17; 8:45 am]
                                               DDA that was not a DDA in 2014.                         state law, unless the agency meets the                BILLING CODE 4337–15–P




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Document Created: 2018-10-25 10:14:48
Document Modified: 2018-10-25 10:14:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice
DatesThis notice is applicable as of October 26, 2017.
ContactMs. Paula L. Hart, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary--Policy and Economic Development, Washington, DC 20240, (202) 219-4066.
FR Citation82 FR 49654 

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