82 FR 52253 - Fees
NATIONAL INDIAN GAMING COMMISSION Federal Register Volume 82, Issue 217 (November 13, 2017)
Federal Register Volume 82, Issue 217 (November 13, 2017)
| Page Range | 52253-52258 | |
| FR Document | 2017-24363 |
[Federal Register Volume 82, Number 217 (Monday, November 13, 2017)] [Proposed Rules] [Pages 52253-52258] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-24363] ======================================================================= ----------------------------------------------------------------------- NATIONAL INDIAN GAMING COMMISSION 25 CFR Part 514 Fees AGENCY: National Indian Gaming Commission. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The National Indian Gaming Commission proposes to amend its fee regulations. The proposed rule would require the Commission to adopt annual fee rates no later than November 1 of each year. In addition, the proposed rule defines the fiscal year of the gaming operation that will be used for calculating the fee payments. Finally, the proposed rule includes additional revisions intended to clarify the fee calculation and submission process for gaming operations. DATES: The agency must receive comments on or before December 28, 2017. ADDRESSES: You may send comments by any of the following methods:Email: [email protected]. Fax: 202-632-7066. Mail: National Indian Gaming Commission, 1849 C Street NW., MS 1621, Washington, DC 20240. Hand Delivery: National Indian Gaming Commission, 90 K Street NE., Suite 200, Washington, DC 20002, [[Page 52254]] between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Austin Badger, National Indian Gaming Commission; Telephone: 202-632-7003. SUPPLEMENTARY INFORMATION: I. Comments Invited Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. II. Background The Indian Gaming Regulatory Act (IGRA or Act), Public Law 100-497, 25 U.S.C. 2701 et seq., was signed into law on October 17, 1988. The Act establishes the National Indian Gaming Commission (NIGC or Commission) and sets out a comprehensive framework for the regulation of gaming on Indian lands. The IGRA established an agency funding framework whereby gaming operations licensed by tribes pay a fee to the Commission for each gaming operation that conducts Class II or Class III gaming activity that is regulated by IGRA. 25 U.S.C. 2717(a)(1). These fees are used to fund the Commission in carrying out its regulatory authority. Fees are based on the gaming operation's gross revenues. The rate of fees is established annually by the Commission and shall be payable on a quarterly basis. 25 U.S.C. 2717(a)(3). IGRA limits the total amount of fees imposed during any fiscal year to 0.08 percent of the gross gaming revenues of all gaming operations subject to regulation under IGRA. Failure of a gaming operation to pay the fees imposed by the Commission's fee schedule can be grounds for a civil enforcement action. 25 U.S.C. 2713(a)(1). The purpose of Part 514 is to establish how the NIGC sets and collects those fees, to establish a basic formula for tribes to utilize in calculating the amount of fees to pay, and to advise of the consequences for failure to pay the fees. Part 514 further establishes how the NIGC determines and assesses fingerprint processing fees. Under the current fee regulations, the Commission adopts a preliminary fee rate by March 1 and a final fee rate by June 1 of every year. In addition, the NIGC annually reviews the costs involved in processing fingerprint cards and adopts a preliminary rate by March 1 and a final rate by June 1. The Commission believes that the current process would be improved by moving to an annual final fee rate announced on or before November 1 of each year. This change would improve the Commission's analysis and budgeting process and simplify the fee calculation and payment process for gaming operations, thereby reducing the frequency of error in fee calculation. Proposed changes to the fee regulations were therefore included as a topic in a November 22, 2016, letter to tribal leaders introducing the Commission's 2017 consultation series. III. Development of the Proposed Rule On March 24, 2017, in Tulsa, OK, April 5, 2017, in Scottsdale, AZ, April 13, 2017, in San Diego, CA, April 20, 2017, in Billings, MT, May 4, 2017, in Biloxi, MS, and on May 25, 2017, in Portland, OR, the NIGC consulted with tribes on the proposed change to the fee regulations. In addition, the Commission issued a discussion draft on January 30, 2017, and solicited written comments through July 1, 2017. Comments received were generally supportive of the proposed change to the fee regulations. The Commission developed the proposed rule after carefully considering the comments received. A. Assessed Fiscal Year The current regulation provides that the annual fee shall be computed using ``the most recent rates of fees adopted by the Commission'' and ``the assessable gross revenues for the previous fiscal year.'' As a result, the fee rate applied to a gaming operation's fiscal year changes depending on when the gaming operation's fiscal year ends. For example, if the Commission adopts a fee rate on November 1, 2014 (Rate A), a different fee rate on November 1, 2015 (Rate B), and the gaming operation's fiscal year ends on December 31, the gaming operations quarterly payments would be calculated as follows: (1) First quarter, payable March 31, 2015, would apply Rate A to the fiscal year ending December 31, 2014, (2) Second quarter, payable June 30, 2015, would apply Rate A to the fiscal year ending December 31, 2014, (3) Third quarter, payable September 30, 2015, would apply Rate A to the fiscal year ending December 31, 2014, and (4) Fourth quarter, payable December 31, 2015, would apply Rate B to the fiscal year ending December 31, 2014. The Commission intends for the annual rate to be applied consistently to a gaming operation's assessable gross revenue for one fiscal year. The proposed rule therefore includes amendments intended to better describe the intended fee calculation. These amendments include defining ``assessed fiscal year.'' Under the proposed rule, the annual fee shall be computed using the ``most recent rates of fees adopted by the Commission'' and ``the assessable gross revenues for the gaming operation's assessed fiscal year.'' Assessed fiscal year means the most recent fiscal year ending prior to January 1 of the year the Commission adopted fee rates. For example, if the Commission adopted fee rates on November 1, 2018, the assessed fiscal year would be a gaming operation's fiscal year ending prior to January 1, 2018. For gaming operations with fiscal years ending December 31, the assessed fiscal year would be the fiscal year ending December 31, 2017. For gaming operations with fiscal years ending September 30, the assessed fiscal year would be the fiscal year ending September 30, 2017. For gaming operations with fiscal years ending June 30, the assessed fiscal year would be the fiscal year ending June 30, 2017. As a result, under the proposed rule, if the Commission adopts a fee rate on November 1, 2014 (Rate A), a different fee rate on November 1, 2015 (Rate B), and the gaming operation's fiscal year ends on December 31, the gaming operation's quarterly payments would be calculated as follows: (1) First quarter (of the gaming operation's fiscal year), payable March 31, 2015, would apply Rate A to the fiscal year ending December 31, 2013, (2) Second quarter, payable June 30, 2015, would apply Rate A to the fiscal year ending December 31, 2013, (3) Third quarter, payable September 30, 2015, would apply Rate A to the fiscal year ending December 31, 2013, and (4) Fourth quarter, payable December 31, 2015, would apply Rate B to the fiscal year ending December 31, 2014. To continue the example, the subsequent quarterly payment, payable March 31, 2016, would apply Rate B to the fiscal year ending December 31, 2014. As an additional example, under the proposed rule, if the Commission adopts a fee rate on November 1, 2014 (Rate A), a different fee rate on November 1, 2015 (Rate B), and the gaming operation's fiscal year ends on September 30, the gaming operation's quarterly payments would be calculated as follows: (1) First quarter (of the gaming operation's fiscal year), payable December 31, 2015, would apply Rate A to the fiscal year ending September 30, 2013, (2) Second quarter payable March 31, 2016, would apply Rate A to the fiscal year ending September 30, 2013, (3) Third quarter payable June 30, 2016, would apply [[Page 52255]] Rate A to the fiscal year ending September 30, 2013, (4) Fourth quarter, payable September 30, 2016, would apply Rate A to the fiscal year ending September 30, 2013. To continue the example, the subsequent first quarter, payable December 31, 2016, would apply Rate B to the fiscal year ending September 30, 2014. B. Fees and Statements Required if a Gaming Operation Ceases Operations In the course of developing the proposed rule, the Commission became aware that the current regulations do not describe the fees and statements required of gaming operations that cease operations. Section 514.7(b) of the proposed rule now provides that the gaming operation prepares and submits to the Commission the fees and statements required for the period from the end of the most recent quarter for which fees have been paid through the date the gaming operation ceased operations. For example, if a gaming operation with a September 30 fiscal year end ceases operations on July 31, 2017, the gaming operation will have submitted fees and statements through June 30, 2017. The gaming operation would therefore still owe a payment for the period from July 1, 2017, through July 31, 2017. C. Transition Period Comment: Some commenters recommended that the Commission take into account the transition period between the current regulation and the final rule, if adopted. Response: The Commission agrees and will issue guidance to describe how gaming operations should calculate fee payments during the transition period. The Commission intends for the most recently announced fee rate to carry over until a new fee rate is announced once a final rule is promulgated. D. Payment Adjustments Comment: Some commenters recommended that the proposed rule make clear the gaming operation's obligations regarding underpayment or overpayment of the annual fee. Response: The Commission agrees that payment adjustments are warranted when the gaming operation becomes aware that prior submissions over or underpaid the required fee amount. Section 514.6(d)(5) of the proposed rule provides that the amount to be remitted be adjusted for prior amounts paid and credits received, if applicable. The Commission notes, however, that pursuant to section 571.13 copies of financial statements and audits are required to have been provided to the Commission within 120 days after the end of the gaming operation's fiscal year. Therefore, under the proposed rule, audited financial statements for the assessed fiscal year are required to be complete before a fee payment calculated using the assessed fiscal year is due. The current regulation and the proposed rule continue, however, to require that the quarterly statements must be reconciled with a tribe's audited or reviewed financial statements for each gaming location. E. Advanced Payment Comment: A commenter sought clarification as to whether the Commission would accept pre-payments under the proposed rule. Response: The Commission accepts pre-payments under the current regulations and will continue to do so under the proposed rule. Section 514.5(a) of the proposed rule provides that the annual fee payable to the Commission optionally may be paid in full in the first quarterly payment. F. Other Comments Comment: A commenter asked whether the NIGC would issue late payment fees instead of issuing a notice of violation when payments are submitted late. Response: The Commission notes that the current regulation provides for late fees for payments submitted between one and ninety calendar days late. Statements and/or fee payments over ninety calendar days late constitute a failure to pay and may result in enforcement action. The proposed rule does not substantively amend the late fee or failure to pay provisions of the current regulation. Comment: A commenter asked whether the Commission would amend the definition of assessable gross revenue to be consistent with standards set by professional accounting organizations. Response: The Commission acknowledges that professional accounting definitions of gross revenue differ from the Commission's definition of assessable gross revenue. While the Commission's definition of assessable gross revenue must remain consistent with the definition for gross revenues contained in IGRA at 25 U.S.C. 2717(a)(6), the proposed rule includes one change intended to conform the Commission's definition of assessable gross revenue with appropriate accounting terminology. The proposed rule removes the word ``amortization'' from within the phrase ``allowance for amortization of capital expenditures for structures'' found in section 514.4(c) and 25 U.S.C. 2717(a)(6). The Commission understands that the term depreciation rather than amortization is appropriate for an allowance for capital expenditures for structures. The methods for determining the amount of the allowance provided for in section 514.4(e) remains unchanged. Comment: A commenter asked whether the proposed rule would reduce fees for processing fingerprint cards. Response: The proposed rule does not affect how the fees for processing fingerprint cards are determined. As provided by the current regulation and proposed rule, the fingerprint processing fee is based on the fees charged by the Federal Bureau of Investigation and the costs incurred by the Commission. Regulatory Matters Tribal Consultation The National Indian Gaming Commission is committed to fulfilling its tribal consultation obligations--whether directed by statute or administrative action such as Executive Order (E.O.) 13175 (Consultation and Coordination with Indian Tribal Governments)--by adhering to the consultation framework described in its Consultation Policy published July 15, 2013. The NIGC's consultation policy specifies that it will consult with tribes on Commission Action with Tribal Implications, which is defined as: Any Commission regulation, rulemaking, policy, guidance, legislative proposal, or operational activity that may have a substantial direct effect on an Indian tribe on matters including, but not limited to the ability of an Indian tribe to regulate its Indian gaming; an Indian Tribe's formal relationship with the Commission; or the consideration of the Commission's trust responsibilities to Indian tribes. As discussed above, the NIGC engaged in extensive consultation on this topic and received and considered comments in developing this proposed rule. Regulatory Flexibility Act The proposed rule will not have a significant impact on a substantial number of small entities as defined under the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. Moreover, Indian Tribes are not considered to be small entities for the purposes of the Regulatory Flexibility Act. Small Business Regulatory Enforcement Fairness Act The proposed rule is not a major rule under 5 U.S.C. 804(2), the Small [[Page 52256]] Business Regulatory Enforcement Fairness Act. The rule does not have an effect on the economy of $100 million or more. The rule will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, local government agencies or geographic regions. Nor will the proposed rule have a significant adverse effect on competition, employment, investment, productivity, innovation, or the ability of the enterprises, to compete with foreign based enterprises. Unfunded Mandate Reform Act The Commission, as an independent regulatory agency, is exempt from compliance with the Unfunded Mandates Reform Act, 2 U.S.C. 1502(1); 2 U.S.C. 658(1). Takings In accordance with Executive Order 12630, the Commission has determined that the proposed rule does not have significant takings implications. A takings implication assessment is not required. Civil Justice Reform In accordance with Executive Order 12988, the Commission has determined that the proposed rule does not unduly burden the judicial system and meets the requirements of section 3(a) and 3(b)(2) of the Order. National Environmental Policy Act The Commission has determined that the 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, 42 U.S.C. 4321, et seq. Paperwork Reduction Act The information collection requirements contained in this rule were previously approved by the Office of Management and Budget (OMB) as required by 44 U.S.C. 3501 et seq. and assigned OMB Control Number 3141- 0007, which expired in August of 2011. The NIGC is in the process of reinstating that Control Number. List of Subjects in 25 CFR Part 514 Gambling, Indian--lands, Indian--tribal government, Reporting and recordkeeping requirements. Therefore, for reasons stated in the preamble, the National Indian Gaming Commission proposes to revise 25 CFR part 514 to read as follows: PART 514--FEES Sec. 514.1 What is the purpose of this part? 514.2 When will the annual rates of fees be published? 514.3 What is the maximum fee rate? 514.4 How does a gaming operation calculate the amount of the annual fee it owes? 514.5 When must a gaming operation pay its annual fees? 514.6 What are the quarterly statements that must be submitted with the fee payments? 514.7 What should a gaming operation do if it changes its fiscal year or ceases operations? 514.8 Where should fees, quarterly statements, and other communications about fees be sent? 514.9 What happens if a gaming operation submits its fee payment or quarterly statement late? 514.10 When does a late payment or quarterly statement submission become a failure to pay? 514.11 Can a proposed late fee be appealed? 514.12 When does a notice of late submission and/or a proposed late fee become a final order of the Commission and final agency action? 514.13 How are late submission fees paid, and can interest be assessed? 514.14 What happens if the fees imposed exceed the statutory maximum or if the Commission does not expend the full amount of fees collected in a fiscal year? 514.15 May tribes submit fingerprint cards to the NIGC for processing? 514.16 How does the Commission adopt the fingerprint processing fee? 514.17 How are fingerprint processing fees collected by the Commission? Authority: 25 U.S.C. 2706, 2710, 2717, 2717a. Sec. 514.1 What is the purpose of this part? Each gaming operation under the jurisdiction of the Commission, including a gaming operation operated by a tribe with a certificate of self-regulation, shall pay to the Commission annual fees as established by the Commission. The Commission, by a vote of not less than two of its members, shall adopt the rates of fees to be paid. Sec. 514.2 When will the annual rates of fees be published? (a) The Commission shall adopt the rates of fees no later than November 1st of each year. (b) The Commission shall publish the rates of fees in a notice in the Federal Register. Sec. 514.3 What is the maximum fee rate? (a) The rates of fees imposed shall be-- (1) No more than 2.5% of the first $1,500,000 of the assessable gross revenues from each gaming operation, and (2) No more than 5% of amounts in excess of the first $1,500,000 of the assessable gross revenues from each gaming operation. (b) If a tribe has a certificate of self-regulation, the rate of fees imposed on assessable gross revenues from the class II gaming activity shall be no more than 0.25%. (c) The total amount of all fees imposed on assessable gross revenues during any fiscal year shall not exceed 0.08% of the assessable gross gaming revenues of all gaming operations. Sec. 514.4 How does a gaming operation calculate the amount of the annual fee it owes? (a) The amount of annual fees owed shall be computed using: (1) The most recent rates of fees adopted by the Commission, and (2) The assessable gross revenues for the gaming operation's assessed fiscal year. (b) Assessed fiscal year means the gaming operation's fiscal year ending prior to January 1 of the year the Commission adopted fee rates. (c) For purposes of computing fees, assessable gross revenues for each gaming operation are the total amount of money wagered on class II and III games, plus entry fees (including table or card fees), less any amounts paid out as prizes or paid for prizes awarded, and less an allowance for capital expenditures for structures as reflected in the gaming operation's audited financial statements. (d) Assessable gross revenue tiers. Tier 1 assessable gross revenues are the first $1,500,000 of the assessable gross revenues from each gaming operation. Tier 2 assessable gross revenues are the amounts in excess of the first $1,500,000 of the assessable gross revenues from each gaming operation. (e) The allowance for capital expenditures for structures shall be either: (1) An amount not to exceed 5% of the cost of structures in use throughout the assessed fiscal year and 2.5% of the cost of structures in use during only a part of the assessed fiscal year; or (2) An amount not to exceed 10% of the total amount of depreciation expenses for the assessed fiscal year. (f) Unless otherwise provided by regulation, generally accepted accounting principles shall be used. Sec. 514.5 When must a gaming operation pay its annual fees? (a) Annual fees are payable to the Commission on a quarterly basis. The annual fee payable to the Commission optionally may be paid in full in the first quarterly payment. [[Page 52257]] (b) Each gaming operation shall calculate the amount of fees to be paid, if any, and remit them with the quarterly statement required in Sec. 514.6 within three (3) months, six (6) months, nine (9) months, and twelve (12) months of the end of the gaming operation's fiscal year. Sec. 514.6 What are the quarterly statements that must be submitted with the fee payments? (a) Each gaming operation shall file with the Commission quarterly statements showing its assessable gross revenues for the assessed fiscal year. (b) These statements shall show the amounts derived from each type of game, the amounts deducted for prizes, and the amounts deducted for the allowance for capital expenditures for structures. (c) The quarterly statements shall identify an individual or individuals to be contacted should the Commission need to communicate further with the gaming operation. A telephone number and email address for each individual identified shall be included. (d) Each quarterly statement shall include the computation of the fees payable, showing all amounts used in the calculations. The required calculations are as follows: (1) Multiply the Tier 1 assessable gross revenues by the rate for those revenues adopted by the Commission. (2) Multiply the Tier 2 assessable gross revenues by the rate for those revenues adopted by the Commission. (3) Add (total) the results (products) obtained in paragraphs (d)(1) and (2) of this section. (4) Multiply the total obtained in paragraph (d)(3) of this section by \1/4\. (5) Adjust for prior amounts paid and credits received, if applicable. The gaming operation shall provide a detailed justification for the adjustment. (6) The amount computed in paragraph (d)(5) of this section is the amount to be remitted. (e) As required by part 571 of this chapter, quarterly statements must be reconciled with a tribe's audited or reviewed financial statements for each gaming location. These reconciliations must be made available upon the request of any authorized representative of the NIGC. Sec. 514.7 What should a gaming operation do if it changes its fiscal year or ceases operations? (a) If a gaming operation changes its fiscal year, it shall notify the Commission of the change within thirty (30) days. The Commission may request that the gaming operation prepare and submit to the Commission the fees and statements required by this subsection for the stub period from the end of the previous fiscal year to the beginning of the new fiscal year. The submission must be sent to the Commission within ninety (90) days of its request. (b) If a gaming operation ceases operations, it shall notify the Commission within (30) days. The Commission may request that the gaming operation, using the most recent rates of fees adopted by the Commission, prepare and submit to the Commission fees and statements for the period from the end of the most recent quarter for which fees have been paid to the date operations ceased. The submission must be sent to the Commission within (90) days of its request. Sec. 514.8 Where should fees, quarterly statements, and other communications about fees be sent? Remittances, quarterly statements, and other communications about fees shall be sent to the Commission by the methods provided for in the rates of fees notice published in the Federal Register. Sec. 514.9 What happens if a gaming operation submits its fee payment or quarterly statement late? (a) In the event that a gaming operation fails to submit a fee payment or quarterly statement in a timely manner, the Chair of the Commission may issue a notice specifying: (1) The date the statement and/or payment was due; (2) The number of calendar days late the statement and/or payment was submitted; (3) A citation to the federal or tribal requirement that has been or is being violated; (4) The action being considered by the Chair; and (5) Notice of rights of appeal pursuant to subchapter H of this chapter. (b) Within fifteen (15) days of service of the notice, the recipient may submit written information about the notice to the Chair. The Chair shall consider any information submitted by the recipient as well as the recipient's history of untimely submissions or failure to file statements and/or fee payments over the preceding five (5) years in determining the amount of the late fee, if any. (c) When practicable, within thirty (30) days of issuing the notice described in paragraph (a) of this section to a recipient, the Chair of the Commission may assess a proposed late fee against a recipient for each failure to file a timely quarterly statement and/or fee payment: (1) For statements and/or fee payments one (1) to thirty (30) calendar days late, the Chair may propose a late fee of up to, but not more than 10% of the fee amount for that quarter; (2) For statements and/or fee payments thirty-one (31) to sixty (60) calendar days late, the Chair may propose a late fee of up to, but not more than 15% of the fee amount for that quarter; (3) For statements and/or fee payments sixty-one (61) to ninety (90) calendar days late, the Chair may propose a late fee of up to, but not more than 20% of the fee amount for that quarter. Sec. 514.10 When does a late payment or quarterly statement submission become a failure to pay? Statements and/or fee payments over ninety (90) calendar days late constitute a failure to pay the annual fee, as set forth in IGRA, 25 U.S.C. 2717(a)(4), and NIGC regulations, 25 CFR 573.4(a)(2). In accordance with 25 U.S.C. 2717(a)(4), failure to pay fees shall be grounds for revocation of the approval of the Chair of any license, ordinance or resolution required under IGRA for the operation of gaming. In accordance with Sec. 573.4(a)(2) of this chapter, if a tribe, management contractor, or individually owned gaming operation fails to pay the annual fee, the Chair may issue a notice of violation and, simultaneously with or subsequently to the notice of violation, a temporary closure order. Sec. 514.11 Can a proposed late fee be appealed? (a) Proposed late fees assessed by the Chair may be appealed under subchapter H of this chapter. (b) At any time prior to the filing of a notice of appeal under subchapter H of this chapter, the Chair and the recipient may agree to settle the notice of late submission, including the amount of the proposed late fee. In the event a settlement is reached, a settlement agreement shall be prepared and executed by the Chair and the recipient. If a settlement agreement is executed, the recipient shall be deemed to have waived all rights to further review of the notice or late fee in question, except as otherwise provided expressly in the settlement agreement. In the absence of a settlement of the issues under this paragraph, the recipient may contest the proposed late fee before the Commission in accordance with subchapter H of this chapter. [[Page 52258]] Sec. 514.12 When does a notice of late submission and/or a proposed late fee become a final order of the Commission and final agency action? If the recipient fails to appeal under subchapter H of this chapter, the notice and the proposed late fee shall become a final order of the Commission and final agency action. Sec. 514.13 How are late submission fees paid, and can interest be assessed? (a) Late fees assessed under this part shall be paid by the person or entity assessed and shall not be treated as an operating expense of the operation. (b) The Commission shall transfer the late fee paid under this subchapter to the U.S. Treasury. (c) Interest shall be assessed at rates established from time to time by the Secretary of the Treasury on amounts remaining unpaid after their due date. Sec. 514.14 What happens if the fees imposed exceed the statutory maximum or if the Commission does not expend the full amount of fees collected in a fiscal year? (a) The total amount of all fees imposed during any fiscal year shall not exceed the statutory maximum imposed by Congress. The Commission shall credit pro-rata any fees collected in excess of this amount against amounts otherwise due. (b) To the extent that revenue derived from fees imposed under the schedule established under this paragraph are not expended or committed at the close of any fiscal year, such funds shall remain available until expended to defray the costs of operations of the Commission. Sec. 514.15 May tribes submit fingerprint cards to the NIGC for processing? Tribes may submit fingerprint cards to the Commission for processing by the Federal Bureau of Investigation and the Commission may charge a fee to process fingerprint cards on behalf of the tribes. Sec. 514.16 How does the Commission adopt the fingerprint processing fee? (a) The Commission shall review annually the costs involved in processing fingerprint cards and, by a vote of not less than two of its members, shall adopt the fingerprint processing fee no later than November 1st of each year. (b) The Commission shall publish the fingerprint processing fee in a notice in the Federal Register. (c) The fingerprint processing fee shall be based on fees charged by the Federal Bureau of Investigation and costs incurred by the Commission. Commission costs include Commission personnel, supplies, equipment costs, and postage to submit the results to the requesting tribe. Sec. 514.17 How are fingerprint processing fees collected by the Commission? (a) Fees for processing fingerprint cards will be billed monthly to each Tribe for cards processed during the prior month. Tribes shall pay the amount billed within forty-five (45) days of the date of the bill. (b) The Chair may suspend fingerprint card processing for a tribe that has a bill remaining unpaid for more than forty-five (45) days. (c) Remittances and other communications about fingerprint processing fees shall be sent to the Commission by the methods provided for in the rates of fees notice published in the Federal Register. Dated: November 2, 2017. Jonodev O. Chaudhuri, Chairman. Kathryn Isom-Clause, Vice Chair. E. Sequoyah Simermeyer, Associate Commissioner. [FR Doc. 2017-24363 Filed 11-9-17; 8:45 am] BILLING CODE 7565-01-P
![Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Proposed Rules 52253
1977 (NARETPA), as amended, or under up to 100% of the matching funds § 3419.7 [Redesignated as § 3419.8]
sections 3(b) and (c) of the Smith-Lever requirements in 7 CFR 3419.2 for any ■ 8. Redesignate § 3419.7 as § 3419.8,
Act, 7 U.S.C. 343(b) and (c) or under fiscal year for an eligible institution in and add a new § 3419.7 to read as
section 3 of the Hatch Act of 1887, 7 an insular area. follows:
U.S.C. 361c. (c) The criteria to waive the
Eligible institution means a college or § 3419.7 Reporting of matching funds.
applicable matching requirement for
university eligible to receive funds 1890 land-grant institutions and 1862 Institutions will report all capacity
under the Act of August 30, 1890 (7 land-grant institutions in insular areas is matching funds expended annually
U.S.C. 321 et seq.) (commonly known as demonstration of one or more of the using Standard Form (SF) 425, in
the Second Morrill Act), including following: accordance with 7 CFR 3430.56(a).
Central State University, Tuskegee ■ 9. Revise newly redesignated § 3419.8
University, and West Virginia State (1) Impacts from natural disaster, to read as follows:
University (1890 land-grant flood, fire, tornado, hurricane, or
drought; § 3419.8 Redistribution of Funds.
institutions), and a college or university
designated under the Act of July 2, 1862 (2) State and/or institution facing a Unmatched research and extension
(7 U.S.C. 301, et seq.) (commonly financial crisis; or funds will be reapportioned in
known as the First Morrill Act) and (3) Lack of matching funds after accordance with the research and
located in the Commonwealth of Puerto demonstration of good faith efforts to extension statutory distribution
Rico and the insular areas of American obtain funds. formulas applicable to the 1890 and
Samoa, Guam, Micronesia, Northern 1862 land-grant institutions in insular
(d) Approval or disapproval of the areas, respectively. Any redistribution
Marianas, and the Virgin Islands (1862 request for a waiver will be based on the
land-grant institutions in insular areas). of funds must be subject to the same
application submitted, as defined under matching requirement under § 3419.2.
Matching funds means funds from § 3419.4.
non-Federal sources, including those Done at Washington, DC, on November 2,
■ 5. Add new § 3419.4 to read as
made available by the State to the 2017.
eligible institutions, for programs or follows:
Sonny Ramaswamy,
activities that fall within the purposes of § 3419.4 Applications for waivers for both NIFA Director, National Institute of Food and
agricultural research and cooperative 1890 land-grant institutions and 1862 land- Agriculture.
extension under: sections 1444 and grant institutions in insular areas. [FR Doc. 2017–24327 Filed 11–9–17; 8:45 am]
1445 of NARETPA; the Hatch Act of Application for waivers for both 1890 BILLING CODE 3410–22–P
1887; and the Smith-Lever Act. land-grant institutions and 1862 land-
* * * * * grant institutions in insular areas. The
■ 2. Amend § 3419.2 as follows: president of the eligible institution must NATIONAL INDIAN GAMING
■ a. Remove the introductory text;
submit any request for a waiver for COMMISSION
■ b. Revise Paragraphs (a) and (b).
The revisions read as follows: matching requirements. A waiver
application must include the name of 25 CFR Part 514
§ 3419.2 Matching funds requirement. the eligible institution, the type of
Federal capacity funds (i.e. research, Fees
(a) 1890 land-grant institutions: The
distribution of capacity funds are extension, Hatch, etc.), appropriate AGENCY: National Indian Gaming
subject to a matching requirement. fiscal year, the basis for the request (e.g. Commission.
Matching funds will equal not less than one or more of the criteria identified in ACTION: Proposed rule.
100% of the capacity funds to be § 3419.3); current supporting
distributed to the institution. documentation, where current is SUMMARY: The National Indian Gaming
(b) 1862 land-grant institutions in defined as within the past two years Commission proposes to amend its fee
insular areas: The distribution of from the date of the letter requesting the regulations. The proposed rule would
capacity funds are subject to a matching waiver; and the amount of the request. require the Commission to adopt annual
requirement. Matching funds will equal fee rates no later than November 1 of
not less than 50% of the capacity funds § 3419.5 [Amended] each year. In addition, the proposed rule
to be distributed to the institution. ■ 6. Amend § 3419.5 by removing the defines the fiscal year of the gaming
* * * * * word ‘‘formula’’ and adding, in its operation that will be used for
place, the word ‘‘capacity’’. calculating the fee payments. Finally,
§ 3419.3 [Removed] the proposed rule includes additional
■ 7. Revise § 3419.6 to read as follows:
■ 3. Remove § 3419.3 revisions intended to clarify the fee
§ 3419.6 Use of matching funds. calculation and submission process for
§ 3419.4 [Redesignated as § 3419.3]
The required matching funds for the gaming operations.
■ 4. Redesignate § 3419.4 as § 3419.3
capacity programs must be used by an DATES: The agency must receive
and revise it to read as follows:
eligible institution for the same purpose comments on or before December 28,
§ 3419.3 Limited waiver authority. as Federal award dollars: Agricultural 2017.
(a) 1890 land-grant institutions: The research and extension activities that
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
ADDRESSES: You may send comments by
Secretary may waive the matching funds have been approved in the plan of work any of the following methods:
requirement in 7 CFR 3419.2 above the required under sections 1445(c) and • Email: 514_Comments@nigc.gov.
50% level for any fiscal year for an 1444(d) of the National Agricultural • Fax: 202–632–7066.
eligible institution of a State if the Research, Extension, and Teaching • Mail: National Indian Gaming
Secretary determines that the State will Policy Act of 1977, section 7 of the Commission, 1849 C Street NW., MS
be unlikely to satisfy the matching Hatch Act of 1887, and section 4 of the 1621, Washington, DC 20240.
requirement. Smith-Lever Act. For all programs, • Hand Delivery: National Indian
(b) 1862 land-grant institutions in tuition dollars and student fees may not Gaming Commission, 90 K Street NE.,
insular areas: The Secretary may waive be used as matching funds. Suite 200, Washington, DC 20002,
VerDate Sep<11>2014 17:51 Nov 09, 2017 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\13NOP1.SGM 13NOP1](https://thefederalregister.org/doc/82_FR_52470/page/1.svg)
![52258 Federal Register / Vol. 82, No. 217 / Monday, November 13, 2017 / Proposed Rules
§ 514.12 When does a notice of late § 514.17 How are fingerprint processing ADDRESSES: For reasons of government
submission and/or a proposed late fee fees collected by the Commission? efficiency, the Copyright Office is using
become a final order of the Commission (a) Fees for processing fingerprint the regulations.gov system for the
and final agency action?
cards will be billed monthly to each submission and posting of public
If the recipient fails to appeal under Tribe for cards processed during the comments in this proceeding. All
subchapter H of this chapter, the notice prior month. Tribes shall pay the comments are therefore to be submitted
and the proposed late fee shall become amount billed within forty-five (45) electronically through regulations.gov.
a final order of the Commission and days of the date of the bill. Specific instructions for submitting
final agency action. (b) The Chair may suspend fingerprint comments are available on the
§ 514.13 How are late submission fees card processing for a tribe that has a bill Copyright Office Web site at https://
paid, and can interest be assessed? remaining unpaid for more than forty- www.copyright.gov/rulemaking/
(a) Late fees assessed under this part five (45) days. groupunpublished/. If electronic
shall be paid by the person or entity (c) Remittances and other submission of comments is not feasible
assessed and shall not be treated as an communications about fingerprint due to lack of access to a computer and/
operating expense of the operation. processing fees shall be sent to the or the Internet, please contact the Office
(b) The Commission shall transfer the Commission by the methods provided for special instructions using the contact
late fee paid under this subchapter to for in the rates of fees notice published information below.
the U.S. Treasury. in the Federal Register. FOR FURTHER INFORMATION CONTACT:
(c) Interest shall be assessed at rates Dated: November 2, 2017. Robert J. Kasunic, Associate Register of
established from time to time by the Jonodev O. Chaudhuri, Copyrights and Director of Registration
Secretary of the Treasury on amounts Policy and Practice; Erik Bertin, Deputy
Chairman.
remaining unpaid after their due date. Director of Registration Policy and
Kathryn Isom-Clause,
§ 514.14 What happens if the fees imposed Practice; or Regan A. Smith, Deputy
Vice Chair.
exceed the statutory maximum or if the General Counsel, by telephone at 202–
E. Sequoyah Simermeyer, 707–8040 or by email at rkas@loc.gov,
Commission does not expend the full
amount of fees collected in a fiscal year? Associate Commissioner. ebertin@loc.gov, and resm@loc.gov.
[FR Doc. 2017–24363 Filed 11–9–17; 8:45 am]
(a) The total amount of all fees SUPPLEMENTARY INFORMATION: As
imposed during any fiscal year shall not BILLING CODE 7565–01–P detailed in an October 12, 2017 notice
exceed the statutory maximum imposed of proposed rulemaking (‘‘NPRM’’),1 the
by Congress. The Commission shall U.S. Copyright Office is proposing to
credit pro-rata any fees collected in LIBRARY OF CONGRESS create a new group registration option
excess of this amount against amounts for a limited number of unpublished
otherwise due. Copyright Office works (‘‘GRUW’’). Under that proposal,
(b) To the extent that revenue derived applicants will be allowed to include up
from fees imposed under the schedule 37 CFR Parts 201 and 202 to five works in each submission. This
established under this paragraph are not new group registration option will
[Docket No. 2017–15]
expended or committed at the close of replace the current ‘‘unpublished
any fiscal year, such funds shall remain Group Registration of Unpublished collections’’ option.
available until expended to defray the Works: Extension of Comment Period After publication of the NPRM, there
costs of operations of the Commission. was some understandable confusion
AGENCY: U.S. Copyright Office, Library about the scope of the NPRM among the
§ 514.15 May tribes submit fingerprint of Congress.
cards to the NIGC for processing? photographer community, who feared
ACTION: Notice of proposed rulemaking; that the GRUW option would limit them
Tribes may submit fingerprint cards to
extension of comment period. to submitting five unpublished
the Commission for processing by the
Federal Bureau of Investigation and the photographs per application. To clarify,
SUMMARY: The U.S. Copyright Office is the Office does not intend to impose
Commission may charge a fee to process extending the deadlines for the
fingerprint cards on behalf of the tribes. such a limit on photographers. On
submission of written comments in December 1, 2016, the Office issued a
§ 514.16 How does the Commission adopt response to its October 12, 2017 notice separate notice of proposed rulemaking
the fingerprint processing fee? of proposed rulemaking, regarding the amending the existing option for group
(a) The Commission shall review creation of a new group registration registration of photographs that would
annually the costs involved in option for unpublished works to replace create an electronic application for
processing fingerprint cards and, by a the existing ‘‘unpublished collections’’ group registration for published
vote of not less than two of its members, registration option. In this document, photographs, and also create an
shall adopt the fingerprint processing the Office also clarifies that the new analogous application for group
fee no later than November 1st of each group registration option is not intended registration for unpublished
year. for group registration of unpublished photographs.2 Under that separate
(b) The Commission shall publish the photographs; that is the subject of a proposed rule, photographers would be
fingerprint processing fee in a notice in separate proposed rulemaking, which
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
permitted to include up to 750
the Federal Register. would permit submission of up to 750 photographs on each such application,
(c) The fingerprint processing fee photographs on one application. rather than the five works proposed
shall be based on fees charged by the DATES: The comment period for the under the new GRUW option. See
Federal Bureau of Investigation and notice of proposed rulemaking generally 81 FR at 86649. The Office is
costs incurred by the Commission. published on October 12, 2017 (82 FR working on the group registration of
Commission costs include Commission 47415), is extended. Comments must be photographs final rule in conjunction
personnel, supplies, equipment costs, made in writing and must be received
and postage to submit the results to the in the U.S. Copyright Office no later 1 82 FR 47415 (Oct. 12, 2017).
requesting tribe. than November 17, 2017. 2 81 FR 86643 (Dec. 1, 2016).
VerDate Sep<11>2014 17:51 Nov 09, 2017 Jkt 244001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\13NOP1.SGM 13NOP1](https://thefederalregister.org/doc/82_FR_52470/page/6.svg)
Document Created: 2017-11-10 01:18:22
Document Modified: 2017-11-10 01:18:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | The agency must receive comments on or before December 28, 2017. | |
| Contact | Austin Badger, National Indian Gaming Commission; Telephone: 202-632-7003. | |
| FR Citation | 82 FR 52253 | |
| CFR Associated | Gambling; Indian-Lands; Indian-Tribal Government and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR