You are here: Home / Gaming Law / Federal Rulemaking / NOTICE OF RULEMAKING & COMMENTS


December 11, 2020: BIA To Seek Tribal Input On How It Manages Land Records
The Bureau of Indian Affairs will host two consultation sessions with tribes next month on proposed updates to regulations that govern the Land Title and Records Office, the repository for documents related to tribal lands, the agency said Friday.
March 9, 2020: Senators Opposition to New NEPA Rules
LTR Council Environmental Quality
Feb 1, 2018: Western Governors Association Letter
Department Of Interior
October 17, 2017: National Indian Gaming Commission Rulemaking on FOIA Process
25 CFR Part 517 Comments Due by November 16, 2017
October 4, 2017: Draft Consultation 151.11 & 151.12
This is a draft. Official rule making has not yet been initiated. The proposed rule for comment will be published in the federal register in the near future.
Nov. 1, 2016: California Tribal Gasoline Permits
March 1, 2016: Title Evidence for Trust Acquisition
Comment period is open until March 31st. 2016. Final Rule to take effect April 15th, 2016. “The current rule provides that, once the Secretary determines that he or she will approve a request to take land into trust, he or she must acquire, or require the applicant to furnish, title evidence meeting the Standards for the Preparation of Title Evidence in Land Acquisitions by the United States. Those standards have since been re-issued as the Department of Justice Title Standards 2001: A guide for the preparation of title evidence in land acquisition by the United States of America. This interim final rule deletes the requirement for the applicant to furnish title evidence meeting the DOJ standards because those standards are not required for acquisitions of land in trust for individual Indians or Indian tribes.”
July 20, 2015: Fed Reg- Study of On Line Lending
COMMENTS DUE AUGUST 31ST The Native American Financial Services Association is welcoming the chance to influence a new study of the online lending industry. Tribes across the nation have started online lending businesses to serve customers without traditional banking options. Their operations will be a part of the newTreasury Department study. “Treasury’s announcement is a tremendous affirmation of what NAFSA has been saying all along,” executive director Barry Brandon said today. “Innovations in the financial services industry, like those pioneered by the Tribal businesses that make up NAFSA, are providing underbanked consumers with safe and affordable access to credit when they need it the most.”
July 1, 2015: Final- Federal Acknowledgment of American Indian Tribes
This rule revises regulations governing the process and criteria by which the Secretary acknowledges an Indian tribe. The revisions seek to make the process and criteria more transparent, promote consistent implementation and increase timeliness and efficiency while maintaining the integrity and substantive rigor of the process.
October 9, 2014: Secretarial Election Rules
The Proposed Rule would revise Parts 81 and 82 and consolidate both into a single Part 81 of Title 25 of the CFR. These are the implementing regulations for sections of the Indian Reorganization Act of 1934 relating to the organization of tribes under constitutional systems of governance (25 USC 476). The Proposed Rule would, under the Definitions section, no longer expressly require one to have any Indian blood to be a “member” of an Indian “tribe.” Under current regulations, Part 82 contains a similar definition of “member” (i.e., one that does not expressly require one to be an Indian), but Part 81 defines “member” to mean “any Indian who is duly enrolled …” (italics added for emphasis). The Proposed Rule completely removes Part 82 from the regulation. , the Proposed Rule would also seem to create a new definition of “tribe” for the purposes of 25 U.S.C. 476. Under the Proposed Rule, “tribe” means an entity that is listed in the Federal Register under 25 U.S.C. 479a—1(a), the codified Federally Recognized Tribe List Act of 1994.
June 17, 2014: Revisions for Right of Way on Indian Lands
BIA Proposes Rule Revisions for Rights-of-Way on Indian Lands by Heidi McNeil Staudenmaier On June 17, 2014, the Bureau of Indian Affairs (BIA) published proposed revisions to 25 CFR Part 169, whereby the new rule seeks to comprehensively update and streamline the process for obtaining BIA grants of Rights-of-Way on Indian lands. The proposed rule also would further implement policy decisions applicable to rights-of-way as established in the new BIA leasing regulations in December of 2012. The existing Rights-of-Way regulations were promulgated in 1968 and last updated in 1980. Based upon the December 2012 leasing regulations, the BIA contends that the Rights-of-Way proposed revisions “mirror those revisions to the extent applicable in the rights-of-way context.” Primary proposed changes include: • Eliminating the need to obtain BIA consent for surveying in preparation for a right-of-way. • Establishing timelines for BIA review of rights-of-way requests. • Clarifying processes for BIA review of rights-of-way documents. • Allowing BIA disapproval only where there is a stated compelling reason. • Providing greater deference to tribes on compensation for rights-of-way. • Clarifying the authority by which BIA approves rights-of-way. • Eliminating outdated requirements specific to different types of rights-of-way. In seeking these changes, the BIA asserts that “together, these revisions will modernize the rights-of-way approval process while better supporting Tribal self-determination.” Comments to the proposed new rule are due on or before August 18, 2014.
May 22, 2014: Proposed Rule 25 CFR 83
Revamping of the standards to become a federally recognized Indian Tribe
June 25, 2013: Electronic One Touch Bingo System
Comments are due August 26, 2013. Is One Touch Bingo a class II or class III game? This reinterpretation of the rule affects tribal state compact negotiations that includes components covering machine licensing and fees, revenue sharing and the number of machines permitted.
Acknowledgement Part 83: Preliminary Discussion Draft
Comments Due August 16, 2013
2013: Appeals of Land Acquisition Decisions
May 29, 2013 comment period opens for 60 days. The proposed rule revises a section of regulations governing decision by the Secretary to approve or deny applications to acquire land in trust under this part.
April 4, 2013: Class II Self Regulation
Federal Register - Final Rule Effective September 1, 2013
Jan. 2012:DOJ Procedures for Tribes to Request Assumption of Federal Concurrent Criminal Jurisdiction in PL 280 States Effective Jan. 2012
DOJ Procedures for Tribes to Request Assumption of Federal Concurrent Criminal Jurisdiction in PL 280 States Effective Jan. 2012
August 15, 2011: Proposed Class II Gaming Rules
Proposed Rules
May 23, 2011:Assumption of Concurrent Federal Criminal Jurisdiction - TLOA
This rule proposes to establish the procedures for an Indian tribe whose Indian country is subject to State criminal jurisdiction under Public Law 280 to request that the United States accept concurrent criminal jurisdiction within the tribe's Indian country and for the Attorney General to decide whether to consent in such a request. Comments Due: July 7, 2011
Feb. 17, 2011: Proposed and Final Regulations for Part 162 - Leasing
Final Regulation issued 2013 -- see below
Dec. 5, 2008: Federal Register - Tribal State Compact Process
25 CFR 293 Process
May 2008: Final Rule Correction Sec. 20 Regulations
Request for Comment: Decision under the after acquired lands
Final: Class II Gaming Technical Standards

Document Actions