[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Notices]
[Pages 36322-36324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13276]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Renewals of Information Collections Under the Paperwork Reduction
Act
AGENCY: National Indian Gaming Commission, Interior.
ACTION: Notice of request for comments.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
National Indian Gaming Commission (NIGC or Commission) is seeking
comments on the renewal of information collections for the following
activities: (i) Compliance and enforcement actions under the Indian
Gaming Regulatory Act as authorized by Office of Management and Budget
(OMB) Control Number 3141-0001; (ii) approval of tribal ordinances, and
background investigation and issuance of licenses as authorized by OMB
Control Number 3141-0003; (iii) National Environmental Policy Act
submissions as authorized by OMB Control Number 3141-0006; and (iv)
issuance to tribes of certificates of self-regulation for Class II
gaming as authorized by OMB Control Number 3141-0008. These information
collections all expire on October 31, 2016.
DATES: Submit comments on or before August 5, 2016.
ADDRESSES: Comments can be mailed, faxed, or emailed to the attention
of: Tim Osumi, National Indian Gaming Commission, 1849 C Street NW., MS
1621, Washington, DC 20240. Comments may be faxed to (202) 632-7066 and
may be sent electronically to [email protected], subject: PRA renewals.
FOR FURTHER INFORMATION CONTACT: Tim Osumi at (202) 632-7054; fax (202)
632-7066 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
I. Request for Comments
You are invited to comment on these collections concerning: (i)
Whether the collections of information are necessary for the proper
performance of the functions of the agency, including whether the
information will have practical utility; (ii) the accuracy of the
agency's estimates of the burdens (including the hours and cost) of the
proposed collections of information, including the validity of the
methodologies and assumptions used; (iii) ways to enhance the quality,
utility, and clarity of the information to be collected; (iv) ways to
minimize the burdens of the information collections on those who are to
respond, including through the use of appropriate
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automated, electronic, mechanical, or other collection techniques or
forms of information technology. Please note that an agency may not
conduct or sponsor and an individual need not respond to, a collection
of information unless it has a valid OMB Control Number.
It is the Commission's policy to make all comments available to the
public for review at the location listed in the ADDRESSES section.
Before including your address, phone number, email address, or other
personal identifying information in your comment, you should be aware
that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you may
ask in your comment that the Commission withhold your personal
identifying information from public review, the Commission cannot
guarantee that it will be able to do so.
II. Data
Title: Indian Gaming Compliance and Enforcement.
OMB Control Number: 3141-0001.
Brief Description of Collection: The Indian Gaming Regulatory Act
(IGRA or the Act), 25 U.S.C. 2701 et seq., governs the regulation of
gaming on Indian lands. Although IGRA places primary responsibility
with the tribes for regulating their gaming activities, Sec. 2706(b)
directs the Commission to monitor gaming conducted on Indian lands on a
continuing basis. Amongst other actions necessary to carry out the
Commission's statutory duties, the Act authorizes the Commission to
access and inspect all papers, books, and records relating to gross
revenues of a gaming operation. The Act also requires tribes to provide
the Commission with annual independent audits of their gaming
operations, including audits of all contracts in excess of $25,000. 25
U.S.C. 2710(b)(2)(C), (D); 2710(d)(1)(A)(ii). In accordance with these
statutory mandates, Commission regulations require Indian gaming
operations to keep and maintain permanent financial records, and to
submit to the Commission independent audits of their gaming operations
on an annual basis. This information collection is mandatory and allows
the Commission to fulfill its statutory responsibilities under IGRA to
regulate gaming on Indian lands.
Respondents: Indian tribal gaming operations.
Estimated Number of Respondents: 898.
Estimated Annual Responses: 898.
Estimated Time per Response: Depending on the type of information
collection, the range of time can vary from 20.5 burden hours to
1506.75 burden hours for one item.
Frequency of Responses: 1 per year.
Estimated Total Annual Burden Hours on Respondents: 878,274.
Estimated Total Non-hour Cost Burden: $47,948,291.
Title: Approval of Class II and Class III Ordinances, Background
Investigations, and Gaming Licenses.
OMB Control Number: 3141-0003.
Brief Description of Collection: The Act sets standards for the
regulation of gaming on Indian lands, including requirements for the
approval or disapproval of tribal gaming ordinances. Section 2705(a)(3)
requires the NIGC Chair to review all Class II and Class III tribal
gaming ordinances. In accordance with this statutory provision,
Commission regulations require tribes to submit: (i) a copy of the
gaming ordinance, or amendment thereof, to be approved, including a
copy of the authorizing resolution by which it was enacted by the
tribal government, and a request for approval of the ordinance or
resolution; (ii) designation of an agent for service of process; (iii)
a description of procedures the tribe will employ in conducting
background investigations on primary management officials (PMOs) and
key employees; (iv) a description of procedures the tribe will use to
issue licenses to PMOs and key employees; (v) copies of all gaming
regulations; (vi) a copy of any applicable tribal-state compact; (vii)
a description of dispute resolution procedures for disputes arising
between the gaming public and the tribe or management contractor; and
(viii) identification of the law enforcement agency that will take
fingerprints and a description of the procedures for conducting
criminal history checks. The Commission also requires a tribal
ordinance to provide that the tribe will perform background
investigations and issue licenses for PMOs and key employees according
to requirements that are as stringent as those contained in Commission
regulations. The NIGC Chair will use the information collected to
approve or disapprove the ordinance or amendment thereof.
Commission regulations also require tribes to perform background
investigations and issue licenses for PMOs and key employees using
certain information provided by applicants, such as names, addresses,
previous employment records, previous relationships with either Indian
tribes or the gaming industry, licensing related to those
relationships, any convictions, and any other information that a tribe
feels is relevant to the employment of the individuals being
investigated. Tribes are then required to keep complete application
files. Tribes are also required to create and keep investigative
reports, and to submit to the Commission notices of results (licensing
eligibility determinations) on PMOs and key employees. Tribes must
notify the Commission if they issue or do not issue licenses to PMOs
and key employees, and if they revoke said licenses. The Commission
uses this information to review the eligibility and suitability
determinations that tribes make and advises them if it disagrees with
any particular determination. These information collections are
mandatory and allow the Commission to carry out its statutory duties.
Respondents: Indian tribal gaming operations.
Estimated Number of Respondents: 1,580.
Estimated Annual Responses: 193,745.
Estimated Time per Response: Depending on the type of information
collection, the range of time can vary from 1.0 burden hour to 1,419
burden hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden Hours on Respondents: 1,392,405.
Estimated Total Non-hour Cost Burden: $3,333,573.
Title: NEPA Compliance.
OMB Control Number: 3141-0006.
Brief Description of Collection: The National Environmental Policy
Act (NEPA) requires federal agencies to analyze proposed major federal
actions that significantly affect the quality of the human environment.
The Commission has identified one type of action that it undertakes
that requires review under NEPA--approving third-party management
contracts for the operation of gaming activity under IGRA. Depending on
the nature of the subject contract and other circumstances, approval of
such management contracts may be categorically excluded from NEPA, may
require the preparation of an Environmental Assessment (EA), or may
require the preparation of an Environmental Impact Statement (EIS). In
any case, the proponents of a management contract will be expected to
submit information to the Commission and assist in the development of
the required NEPA documentation.
Respondents: Tribal governing bodies, management companies.
Estimated Number of Respondents: 3.
Estimated Annual Responses: 3.
Estimated Time per Response: Depending on whether the response is
an EA or an EIS, the range of time can
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vary from 2.5 burden hours to 12.0 burden hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden Hours on Respondents: 26.5.
Estimated Total Non-hour Cost Burden: $14,846,686.
Title: Issuance of Certificates of Self-Regulation to Tribes for
Class II Gaming.
OMB Control Number: 3141-0008.
Brief Description of Collection: The Act allows any Indian tribe
that has conducted Class II gaming for at least three years to petition
the Commission for a certificate of self-regulation for its Class II
gaming operation(s). The Commission will issue the certificate if it
determines that the tribe has conducted its gaming activities in a
manner that has: resulted in an effective and honest accounting of all
revenues; a reputation for safe, fair, and honest operation of the
gaming activities; and an enterprise free of evidence of criminal or
dishonest activity. The tribe must also have adopted and implemented
proper accounting, licensing, and enforcement systems, and conducted
the gaming operation on a fiscally or economically sound basis.
Commission regulations require a tribe interested in receiving a
certificate to file with the Commission a petition generally describing
the tribe's gaming operations, its regulatory process, its uses of net
gaming revenue, and its accounting and recordkeeping systems. The tribe
must also provide copies of various documents in support of the
petition. Tribes who have been issued a certificate of self-regulation
are required to submit to the Commission certain information on an
annual basis, including information that establishes that the tribe
continuously meets the regulatory eligibility and approval requirements
and supporting documentation that explains how tribal gaming revenues
were used in accordance with the requirements in 25 U.S.C.
2710(b)(2)(B). Submission of the petition and supporting documentation
is voluntary. The Commission will use the information submitted by the
tribe in determining whether to issue the certificate of self-
regulation. Once a certificate of self-regulation has been issued, the
submission of certain other information is mandatory.
Respondents: Tribal governments.
Estimated Number of Respondents: 8.
Estimated Annual Responses: 8.
Estimated Time per Response: Depending on the information
collection, the range of time can vary from 0.75 burden hour to 1,940
burden hours for one item.
Frequency of Responses: Varies.
Estimated Total Annual Burden Hours on Respondents: 4,088.
Estimated Total Non-hour Cost Burden: $172,450.
Dated: May 24, 2016.
Shannon O'Loughlin,
Chief of Staff.
[FR Doc. 2016-13276 Filed 6-3-16; 8:45 am]
BILLING CODE 7565-01-P