[Federal Register Volume 83, Number 113 (Tuesday, June 12, 2018)]
[Notices]
[Pages 27344-27347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12498]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Renewals of Information Collections and Request for New
Collection Under the Paperwork Reduction Act
AGENCY: National Indian Gaming Commission.
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: Indian gaming management contract-related submissions, as
authorized by Office of Management and Budget (OMB) Control Number
3141-0004 (expires on November 30, 2018); Indian gaming fee payments-
related submissions, as authorized by OMB Control Number 3141-0007
(expires on November 30, 2018); minimum internal control standards for
class II gaming submission and recordkeeping requirements, as
authorized by OMB Control Number 3141-0009 (expires on November 30,
2018); facility license-related submission and recordkeeping
requirements, as authorized by OMB Control Number 3141-0012 (expires on
November 30, 2018); and minimum technical standards for class II gaming
systems and equipment submission and recordkeeping requirements, as
authorized by OMB Control Number 3141-0014 (expires on November 30,
2018).
DATES: Submit comments on or before August 13, 2018.
ADDRESSES: Comments can be mailed, faxed, or emailed to the attention
of: Tim Osumi, National Indian Gaming Commission, 1849 C Street NW,
Mail Stop #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,
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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 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 its headquarters, located at 90 K Street NE, Suite
200, Washington, DC 20002. 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: Management Contract Provisions.
OMB Control Number: 3141-0004.
Brief Description of Collection: The Indian Gaming Regulatory Act
(IGRA or the Act), Public Law 100-497, 25 U.S.C. 2701, et seq.,
established the National Indian Gaming Commission (NIGC or Commission)
and laid out a comprehensive framework for the regulation of gaming on
Indian lands. Amongst other actions necessary to carry out the
Commission's statutory duties, the Act requires the NIGC Chairman to
review and approve all management contracts for the operation and
management of class II and/or class III gaming activities, and to
conduct background investigations of persons with direct or indirect
financial interests in, and management responsibility for, management
contracts. 25 U.S.C. 2710, 2711. The Commission is authorized to
``promulgate such regulations and guidelines as it deems appropriate to
implement'' IGRA. 25 U.S.C. 2706(b)(10). The Commission has promulgated
parts 533, 535, and 537 of title 25, Code of Federal Regulations, to
implement these statutory requirements.
Section 533.2 requires a tribe or management contractor to submit a
management contract for review within 60 days of execution, and to
submit all of the items specified in Sec. 533.3. Section 535.1
requires a tribe to submit an amendment to a management contract within
30 days of execution, and to submit all of the items specified in Sec.
535.1(c). Section 535.2 requires a tribe or a management contractor,
upon execution, to submit the assignment by a management contractor of
its rights under a previously approved management contract. Section
537.1 requires a management contractor to submit all of the items
specified in Sec. 537.1(b),(c) in order for the Commission to conduct
background investigations on: Each person with management
responsibility for a management contract; each person who is a director
of a corporation that is a party to a management contract; the ten
persons who have the greatest direct or indirect financial interest in
a management contract; any entity with a financial interest in a
management contract; and any other person with a direct or indirect
financial interest in a management contract, as otherwise designated by
the Commission. This collection is mandatory, and the benefit to the
respondents is the approval of Indian gaming management contracts, and
any amendments thereto.
Respondents: Tribal governing bodies and management contractors.
Estimated Annual Responses: 43 (submissions of contracts, contract
amendments, contract assignments, and background investigation
material).
Estimated Time per Response: Depending on the type of submission,
the range of time can vary from 10.0 burden hours to 20.0 burden hours
for one item.
Frequency of Response: Usually no more than once per year.
Estimated Total Annual Burden Hours on Respondents: 692.
Estimated Total Non-Hour Cost Burden: $500,000.
Title: Fees.
OMB Control Number: 3141-0007.
Brief Description of Collection: The Indian Gaming Regulatory Act
(IGRA or the Act), 25 U.S.C. 2701, et seq., laid out a comprehensive
framework for the regulation of gaming on Indian lands. Amongst other
actions necessary to carry out the Commission's statutory duties, the
Act requires Indian tribes that conduct a class II and/or class III
gaming activity to pay annual fees to the Commission on the basis of
the assessable gross revenues of each gaming operation using rates
established by the Commission. 25 U.S.C. 2717. The Commission is
authorized to ``promulgate such regulations and guidelines as it deems
appropriate to implement'' IGRA. 25 U.S.C. 2706(b)(10). The Commission
has promulgated part 514 of title 25, Code of Federal Regulations, to
implement these statutory requirements.
Section 514.6 requires a tribe to submit, along with its fee
payments, quarterly fee statements (worksheets) showing its assessable
gross revenues for the previous fiscal year in order to support the
computation of fees paid by each gaming operation. Section 514.7
requires a tribe to submit a notice within 30 days after a gaming
operation changes its fiscal year. Section 514.15 allows a tribe to
submit fingerprint cards to the Commission for processing by the
Federal Bureau of Investigation (FBI), along with a fee to cover the
NIGC's and FBI's cost to process the fingerprint cards on behalf of the
tribes. Part of this collection is mandatory and the other part is
voluntary. The required submission of the fee worksheets allows the
Commission to both set and adjust fee rates, and to support the
computation of fees paid by each gaming operation. In addition, the
voluntary submission of fingerprint cards allows a tribe to conduct
statutorily mandated background investigations on applicants for key
employee and primary management official positions.
Respondents: Indian gaming operations.
Estimated Number of Respondents: 651.
Estimated Annual Responses: 71,375.
Estimated Time per Response: Depending on the type of submission,
the range of time can vary from 0.5 burden hours to 2.0 burden hours
for one item.
Frequency of Response: Quarterly (for fee worksheets); varies (for
fingerprint cards and fiscal year change notices).
Estimated Total Annual Burden on Respondents: 38,292.
Estimated Total Non-Hour Cost Burden: $1,467,585.
Title: Minimum Internal Control Standards for Class II Gaming.
OMB Control Number: 3141-0009.
Brief Description of Collection: The Indian Gaming Regulatory Act
(IGRA or the Act), 25 U.S.C. 2701, et seq., laid out a comprehensive
framework for the regulation of gaming on Indian lands. Amongst other
actions necessary to carry out the Commission's statutory duties, the
Act directs the Commission to monitor class II gaming conducted on
Indian lands on a continuing basis in order to adequately shield Indian
gaming from organized crime and other corrupting influences, to ensure
that the Indian tribe is the primary beneficiary of the gaming
operation, and to assure that gaming is conducted fairly and honestly
[[Page 27346]]
by both the operator and players. 25 U.S.C. 2702(2), 2706(b)(1). The
Commission is also authorized to ``promulgate such regulations and
guidelines as it deems appropriate to implement'' IGRA. 25 U.S.C.
2706(b)(10). The Commission has promulgated part 543 of title 25, Code
of Federal Regulations, to aid it in monitoring class II gaming on a
continuing basis.
Section 543.3 requires a tribal gaming regulatory authority (TGRA)
to submit to the Commission a notice requesting an extension to the
deadline (by an additional six months) to achieve compliance with the
requirements of the new tier after a gaming operation has moved from
one tier to another. Section 543.5 requires a TGRA to submit a detailed
report after the TGRA has approved an alternate standard to any of the
NIGC's minimum internal control standards, and the report must contain
all of the items specified in Sec. 543.5(a)(2). Section 543.23(c)
requires a tribe to maintain internal audit reports and to make such
reports available to the Commission upon request. Section 543.23(d)
requires a tribe to submit two copies of the agreed-upon procedures
(AUP) report within 120 days of the gaming operation's fiscal year end.
This collection is mandatory and allows the NIGC to confirm tribal
compliance with the minimum internal control standards in the AUP
reports.
Respondents: Tribal governing bodies.
Estimated Number of Respondents: 466.
Estimated Annual Responses: 834.
Estimated Time per Response: Depending on the tier level of the
gaming facility, the range of time can vary from 1 burden hour to 108
burden hours for one AUP audit report.
Frequency of Response: Annually.
Estimated Total Annual Hourly Burden to Respondents: 11,340.
Estimated Total Non-Hour Cost Burden: $8,736,040.
Title: Facility License Notifications and Submissions.
OMB Control Number: 3141-0012.
Brief Description of Collection: The Indian Gaming Regulatory Act
(IGRA or the Act), 25 U.S.C. 2701, et seq., laid out a comprehensive
framework for the regulation of gaming on Indian lands. Amongst other
actions necessary to carry out the Commission's statutory duties, the
Act requires Indian tribes that conduct class II and/or class III
gaming to issue ``a separate license . . . for each place, facility, or
location on Indian lands at which class II [and class III] gaming is
conducted,'' 25 U.S.C. 2710(b)(1), (d)(1), and to ensure that ``the
construction and maintenance of the gaming facilities, and the
operation of that gaming is conducted in a manner which adequately
protects the environment and public health and safety.'' 25 U.S.C.
2710(b)(2)(E). The Commission is authorized to ``promulgate such
regulations and guidelines as it deems appropriate to implement'' IGRA.
25 U.S.C. 2706(b)(10). The Commission has promulgated part 559 of title
25, Code of Federal Regulations, to implement these requirements.
Section 559.2 requires a tribe to submit a notice (that a facility
license is under consideration for issuance) at least 120 days before
opening any new facility on Indian lands where class II and/or class
III gaming will occur, with the notice containing all of the items
specified in Sec. 559.2(b). Section 559.3 requires a tribe to submit a
copy of each newly issued or renewed facility license within 30 days of
issuance. Section 559.4 requires a tribe to submit an attestation
certifying that by issuing the facility license, the tribe has
determined that the construction, maintenance, and operation of that
gaming facility is conducted in a manner that adequately protects the
environment and the public health and safety. Section 559.5 requires a
tribe to submit a notice within 30 days if a facility license is
terminated or expires or if a gaming operation closes or reopens.
Section 559.6 requires a tribe to maintain and provide applicable and
available Indian lands or environmental and public health and safety
documentation, if requested by the NIGC. This collection is mandatory
and enables the Commission to perform its statutory duty by ensuring
that tribal gaming facilities on Indian lands are properly licensed by
the tribes.
Respondents: Indian tribal gaming operations.
Estimated Annual Responses: 110.
Estimated Annual Responses: 269.
Estimated Time per Response: Depending on the type of submission,
the range of time can vary from 0.5 burden hours to 13.0 burden hours
for one item.
Frequency of Response: Varies.
Estimated Total Annual Hourly Burden to Respondents: 2,232.
Estimated Total Non-Hour Cost Burden: $6,663.
Title: Minimum Technical Standards for Class II Gaming Systems and
Equipment.
OMB Control Number: 3141-0014.
Brief Description of Collection: The Indian Gaming Regulatory Act
(IGRA or the Act), 25 U.S.C. 2701, et seq., laid out a comprehensive
framework for the regulation of gaming on Indian lands. Amongst other
actions necessary to carry out the Commission's statutory duties, the
Act directs the Commission to monitor class II gaming conducted on
Indian lands on a continuing basis in order to adequately shield Indian
gaming from organized crime and other corrupting influences, to ensure
that the Indian tribe is the primary beneficiary of the gaming
operation, and to assure that gaming is conducted fairly and honestly
by both the operator and players. 25 U.S.C. 2702(2), 2706(b)(1). The
Act allows Indian tribes to use ``electronic, computer, or other
technologic aids'' to conduct class II gaming activities. 25 U.S.C.
2703(7)(A). The Commission is authorized to ``promulgate such
regulations and guidelines as it deems appropriate to implement'' IGRA.
25 U.S.C. 2706(b)(10). The Commission has promulgated part 547 of title
25, Code of Federal Regulations, to aid it in monitoring class II
gaming facilities that are using electronic, computer, or other
technologic aids to conduct class II gaming.
Section 547.5(a)(2) requires that, for any grandfathered class II
gaming system made available for use at any tribal gaming operation,
the tribal gaming regulatory authority (TGRA): Must retain copies of
the gaming system's testing laboratory report, the TGRA's compliance
certificate, and the TGRA's approval of its use; and must maintain
records identifying these grandfathered class II gaming systems and
their components. Section 547.5(b)(2) requires that, for any class II
gaming system generally, the TGRA must retain a copy of the system's
testing laboratory report, and maintain records identifying the system
and its components. As long as a class II gaming system is available to
the public for play, section 547.5(c)(3) requires a TGRA to maintain
records of any modification to such gaming system and a copy of its
testing laboratory report. Section 547.5(d)(3) requires a TGRA to
maintain records of approved emergency hardware and software
modifications to a class II gaming system (and a copy of the testing
laboratory report) so long as the gaming system remains available to
the public for play, and must make the records available to the
Commission upon request. Section 547.5(f) requires a TGRA to maintain
records of its following determinations: (i) Regarding a testing
laboratory's (that is owned or operated or affiliated with a tribe)
independence from the manufacturer and gaming operator for whom it is
providing the testing, evaluating, and
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reporting functions; (ii) regarding a testing laboratory's suitability
determination based upon standards no less stringent than those set out
in 25 CFR 533.6(b)(1)(ii) through (v) and based upon no less
information than that required by 25 CFR 537.1; and/or (iii) the TGRA's
acceptance of a testing laboratory's suitability determination made by
any other gaming regulatory authority in the United States. The TGRA
must maintain said records for a minimum of three years and must make
the records available to the Commission upon request. Section 547.17
requires a TGRA to submit a detailed report for each enumerated
standard for which the TGRA approves an alternate standard, and the
report must include: (i) An explanation of how the alternate standard
achieves a level of security and integrity sufficient to accomplish the
purpose of the standard it is to replace; and (ii) the alternate
standard as approved and the record on which the approval is based.
This collection is mandatory and allows the NIGC to confirm tribal
compliance with NIGC regulations on ``electronic, computer, or other
technologic aids'' to conduct class II gaming activities.
Respondents: Tribal governing bodies.
Estimated Number of Respondents: 492.
Estimated Annual Responses: 500.
Estimated Time per Response: Depending on the type of submission,
the range of time can vary from 2.0 burden hours to 6.0 burden hours
for one item.
Frequency of Response: Annually.
Estimated Total Annual Hourly Burden to Respondents: 2,456.
Estimated Total Non-Hour Cost Burden: $0.
Dated: May 31, 2018.
Christinia Thomas,
Chief of Staff (A).
[FR Doc. 2018-12498 Filed 6-11-18; 8:45 am]
BILLING CODE 7565-01-P