83 FR 41101 - Indian Gaming; Approval of Tribal-State Class III Gaming Compact Amendments in the State of Oklahoma
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 83, Issue 160 (August 17, 2018)
Bureau of Indian Affairs
Federal Register Volume 83, Issue 160 (August 17, 2018)
| Page Range | 41101-41102 | |
| FR Document | 2018-17729 |
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)] [Notices] [Pages 41101-41102] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17729] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/A0A501010.999900253G] Indian Gaming; Approval of Tribal-State Class III Gaming Compact Amendments in the State of Oklahoma AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The State of Oklahoma entered into compact amendments with the Absentee Shawnee Tribe, Cherokee Nation, Chickasaw Nation, Citizen Potawatomi Nation, Eastern Shawnee Tribe of Oklahoma, Iowa Tribe of Oklahoma, Kaw Nation, Muscogee (Creek) Nation, Seneca-Cayuga Nation, Wichita and Affiliated Tribes, and Wyandotte Nation of Oklahoma governing certain forms of class III gaming; this notice announces the approval of the State of Oklahoma Gaming Compact Non-house-Banked Table Games Supplement between the State of Oklahoma and the Absentee Shawnee Tribe, Cherokee Nation, Citizen Potawatomi Nation, Eastern Shawnee Tribe of Oklahoma, Iowa Tribe of Oklahoma, Kaw Nation, Muscogee (Creek) Nation, Seneca-Cayuga Nation, Wichita and Affiliated Tribes, and Wyandotte Nation. DATES: The compact amendments take effect on August 17, 2018. 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 and amendments are subject to review and approval by the Secretary. The compact amendments authorize the Tribes to engage in certain additional class III gaming activities, provide for the application of existing revenue sharing agreements to the additional forms of class III gaming, and designate how the State will distribute revenue sharing funds. [[Page 41102]] Dated: August 9, 2018. Tara Sweeney, Assistant Secretary--Indian Affairs. [FR Doc. 2018-17729 Filed 8-16-18; 8:45 am] BILLING CODE 4337-15-P
![Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices 41101
regulatory mechanisms were inadequate (1) Two of four targeted river basins DEPARTMENT OF THE INTERIOR
to reduce these threats (Listing Factor (Illinois, Verdigris, Neosho, and Spring
D). River basins) contain viable populations Bureau of Indian Affairs
As a result of these threats, the with positive or stable basin-wide
Neosho mucket was listed as population trend, as evidenced by a [189A2100DD/AAKC001030/
endangered on the Federal List of population number measured with A0A501010.999900253G]
Endangered and Threatened Wildlife in sufficient precision to detect change of
title 50 of the Code of Federal ±25 percent (Factors A, D, and E); Indian Gaming; Approval of Tribal-
Regulations (50 CFR 17.11) on State Class III Gaming Compact
September 17, 2013 (78 FR 57076). A (2) Spatial distribution of natural or
stocked aggregations distributed Amendments in the State of Oklahoma
total of 483 river miles (777 river
kilometers) in seven rivers and one throughout the basin is sufficient to
AGENCY: Bureau of Indian Affairs,
creek (Elk, Fall, Illinois, Neosho, Spring, protect against local catastrophic or Interior.
North Fork Spring, and Verdigris Rivers stochastic events (Factors A and E);
and Shoal Creek) has been designated as (3) All life stages are supported by ACTION: Notice.
critical habitat for the Neosho mucket sufficient habitat quantity and quality
(80 FR 24692, April 30, 2015). Critical (see Primary Constituent Elements in SUMMARY: The State of Oklahoma
habitat as set forth in 50 CFR 17.95(f) is the Species Biological Report for Neosho entered into compact amendments with
located in Benton and Washington Mucket) and appropriate presence and the Absentee Shawnee Tribe, Cherokee
Counties, Arkansas; Allen, Cherokee, abundance of fish hosts necessary for Nation, Chickasaw Nation, Citizen
Coffey, Elk, Greenwood, Labette, recruitment (Factors A, D, and E); and Potawatomi Nation, Eastern Shawnee
Montgomery, Neosho, Wilson, and Tribe of Oklahoma, Iowa Tribe of
Woodson Counties, Kansas; Jasper, (4) Threats and causes of decline have Oklahoma, Kaw Nation, Muscogee
Lawrence, McDonald, and Newton been reduced or eliminated (Factors A, (Creek) Nation, Seneca-Cayuga Nation,
Counties, Missouri; and Adair, D, and E). Wichita and Affiliated Tribes, and
Cherokee, and Delaware Counties, A viable population is defined as a Wyandotte Nation of Oklahoma
Oklahoma. wild, naturally reproducing population governing certain forms of class III
that is able to persist and maintain gaming; this notice announces the
Recovery Plan
sufficient genetic variation to evolve approval of the State of Oklahoma
Section 4(f) of the ESA requires the and respond to natural changes and Gaming Compact Non-house-Banked
development of recovery plans for listed stochastic events without further human Table Games Supplement between the
species, unless such a plan would not intervention. Viable populations are State of Oklahoma and the Absentee
promote the conservation of a particular expected to be large and genetically Shawnee Tribe, Cherokee Nation,
species. Recovery plans describe actions diverse, include at least five age classes Citizen Potawatomi Nation, Eastern
considered necessary for conservation of with at least one cohort ≤7 years of age, Shawnee Tribe of Oklahoma, Iowa Tribe
the species, establish recovery criteria, and recruit at sufficient rates to of Oklahoma, Kaw Nation, Muscogee
and estimate time and cost for maintain or increase population size. (Creek) Nation, Seneca-Cayuga Nation,
implementing recovery measures. Wichita and Affiliated Tribes, and
Section 4(f) of the ESA also requires us Request for Public Comments Wyandotte Nation.
to provide public notice and an
opportunity for public review and We request written comments on the DATES: The compact amendments take
comment during recovery plan draft recovery plan. We will consider all effect on August 17, 2018.
development. We will consider all comments we receive by the date FOR FURTHER INFORMATION CONTACT: Ms.
information presented during a public specified in DATES prior to final Paula L. Hart, Director, Office of Indian
comment period prior to approval of approval of the plan. Gaming, Office of the Deputy Assistant
each new or revised recovery plan. We Before including your address, phone Secretary—Policy and Economic
and other Federal agencies will take number, email address, or other Development, Washington, DC 20240,
these comments into account in the personal identifying information in your (202) 219–4066.
course of implementing approved comment, you should be aware that
recovery plans. SUPPLEMENTARY INFORMATION: Under
your entire comment—including your
The goal of this recovery plan is to section 11 of the Indian Gaming
personal identifying information—may
ensure the long-term viability of the Regulatory Act (IGRA) Public Law 100–
be made publicly available at any time.
Neosho mucket in the wild to the point 497, 25 U.S.C. 2701 et seq., the
While you can ask us in your comment Secretary of the Interior shall publish in
that it can be removed (‘‘delisted’’) from to withhold your personal identifying
the Federal List of Endangered and the Federal Register notice of approved
information from public review, we Tribal-State compacts for the purpose of
Threatened Wildlife. To achieve this cannot guarantee that we will be able to
goal, it will be necessary to establish engaging in Class III gaming activities
do so. on Indian lands. As required by IGRA
naturally self-sustaining populations
with healthy long-term demographic Authority and 25 CFR 293.4, all compacts and
traits and trends. We are defining the amendments are subject to review and
following reasonable delisting criteria The authority for this action is section approval by the Secretary. The compact
based on the best available information 4(f) of the Endangered Species Act, 16 amendments authorize the Tribes to
amozie on DSK3GDR082PROD with NOTICES1
on this species. These criteria will be U.S.C. 1533 (f). engage in certain additional class III
reevaluated as new information Dated: August 10, 2018. gaming activities, provide for the
becomes available: application of existing revenue sharing
Mike Oetker,
agreements to the additional forms of
Recovery Criteria Acting Regional Director, Southeast Region. class III gaming, and designate how the
The Neosho mucket will be [FR Doc. 2018–17753 Filed 8–16–18; 8:45 am] State will distribute revenue sharing
considered for delisting when: BILLING CODE 4333–15–P funds.
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![41102 Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Notices
Dated: August 9, 2018. DEPARTMENT OF THE INTERIOR Did BIA receive any comments on the
Tara Sweeney, proposed irrigation assessment rate
Assistant Secretary—Indian Affairs. Bureau of Indian Affairs adjustments?
[FR Doc. 2018–17729 Filed 8–16–18; 8:45 am] Yes. BIA received twelve (12) written
BILLING CODE 4337–15–P [189A2100DD/AAKC001030/ comments related to the proposed
A0A501010.999900 253G] irrigation rate adjustment for the
Rate Adjustments for Indian Irrigation Flathead Indian Irrigation Project and
DEPARTMENT OF THE INTERIOR Wind River Irrigation Project.
Projects
Bureau of Indian Affairs What issues were of concern to the
AGENCY: Bureau of Indian Affairs, commenters?
Interior.
[189A2100DD/AAKC001030/ Commenters raised concerns on the
A0A501010.999900253G] ACTION: Notice. proposed rates about the following
issues:
Indian Gaming; Approval of Tribal- SUMMARY: The Bureau of Indian Affairs
State Class III Gaming Compact (BIA) owns or has an interest in The Following Comments are Specific to
Amendments in the State of Oklahoma irrigation projects located on or the Flathead Indian Irrigation Project
associated with various Indian (FIIP)
AGENCY: Bureau of Indian Affairs, reservations throughout the United
Interior. Written comments relating to the
States. We are required to establish proposed rate adjustment were received
ACTION: Notice. irrigation assessment rates to recover the by letter. BIA’s summary of the issues
costs to administer, operate, maintain, and BIA’s responses are provided
SUMMARY: The State of Oklahoma and rehabilitate these projects. We are below.
entered into compact amendments with notifying you that we have adjusted the Comment: Several commenters state a
the Choctaw Nation of Oklahoma and irrigation assessment rates at several of general opposition to the 2019 rate
with the Fort Sill Apache Tribe of our irrigation projects and facilities to increase, along with a number of
Oklahoma governing certain forms of reflect current costs of administration, specific concerns. These include: A
class III gaming; this notice announces operation, maintenance, and concern that BIA is pursuing a rate
the approval of the State of Oklahoma rehabilitation. increase prior to the FIIP manager’s
Gaming Compact Non-house-Banked
DATES: The irrigation assessment rates annual meeting with the individual
Table Games Supplement between the
are current as of January 1, 2018. irrigation districts, and concerns with
State of Oklahoma and the Choctaw
how FIIP management chooses to
Nation of Oklahoma and the Fort Sill FOR FURTHER INFORMATION CONTACT: For expend funds obtained through
Apache Tribe of Oklahoma. details about a particular BIA irrigation irrigation rate assessments.
DATES: The compact amendments take project or facility, please use the tables Response: As noted when rates were
effect on August 17, 2018. in the SUPPLEMENTARY INFORMATION proposed in the Federal Register on
FOR FURTHER INFORMATION CONTACT: Ms.
section to identify contacts at the January 18, 2018 (83 FR 2662), BIA is
Paula L. Hart, Director, Office of Indian regional or local office at which the required to establish irrigation
Gaming, Office of the Deputy Assistant project or facility is located. assessment rates that recover the costs
Secretary—Policy and Economic SUPPLEMENTARY INFORMATION: A Notice to administer, operate, maintain, and
Development, Washington, DC 20240, of Proposed Rate Adjustment was rehabilitate our projects. As owner of
(202) 219–4066. published in the Federal Register on FIIP, it is BIA’s responsibility to ensure
SUPPLEMENTARY INFORMATION: Under January 18, 2018 (83 FR 2662) to adequate resources are made available
section 11 of the Indian Gaming propose adjustments to the irrigation to meet the requirements noted above.
Regulatory Act (IGRA) Public Law 100– assessment rates at several BIA BIA’s authority to assess rates dates
497, 25 U.S.C. 2701 et seq., the irrigation projects. The public and back to the Act of May 29, 1908,
Secretary of the Interior shall publish in interested parties were provided an codified at 25 U.S.C. 381 et seq., and is
the Federal Register notice of approved opportunity to submit written addressed in BIA’s regulations at 25
Tribal-State compacts for the purpose of comments during the 60-day period that CFR part 171. Additionally, the
engaging in Class III gaming activities ended March 19, 2018. repayment contracts between the
on Indian lands. As required by IGRA Did BIA defer or change any proposed irrigation districts and the Department
and 25 CFR 293.4, all compacts and rate increases? of the Interior explicitly state that
amendments are subject to review and operation and maintenance expenses
approval by the Secretary. The compact Yes. The 2019 Operation and ‘‘shall be paid . . . as provided . . . by
amendments authorize the Tribes to Maintenance (O&M) rate for the Wind rules made or to be made . . . by the
engage in certain additional class III River Irrigation Project, Units 2, 3, and Secretary of the Interior.’’ The
gaming activities, provide for the 4, was proposed in the Federal Register procedures followed by BIA in adjusting
application of existing revenue sharing at $25.00 per acre. After further review, its irrigation assessment rates are
agreements to the additional forms of BIA decided to change the rate to consistent with applicable law and past
class III gaming, and designate how the $24.50. Instead of raising the rate by practice.
State will distribute revenue sharing $1.00, the rate will only increase by Regarding the timing of this Federal
amozie on DSK3GDR082PROD with NOTICES1
funds. $.50. Because the rate increased by Register notice, BIA makes every effort
$1.50 over the two previous years, BIA to publish notice of irrigation O&M rate
Dated: August 6, 2018. decided the full $1.00 increase for the adjustments prior to the issuance of
Tara Sweeney, 2019 O&M rate is not appropriate. irrigation bills for the upcoming season,
Assistant Secretary—Indian Affairs. Hence, this notice of rate adjustments and that process requires BIA to solicit
[FR Doc. 2018–17728 Filed 8–16–18; 8:45 am] reflects a 2019 O&M rate of $24.50 per comments on proposed rate adjustments
BILLING CODE 4337–15–P acre for Units 2, 3, and 4. on a timeline that will allow it to
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Document Created: 2018-08-17 03:24:54
Document Modified: 2018-08-17 03:24:54
| 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 | Notices | |
| Action | Notice. | |
| Dates | The compact amendments take effect on August 17, 2018. | |
| 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. | |
| FR Citation | 83 FR 41101 |
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