Notice2022-13219
Renewals of Information Collections Under the Paperwork Reduction Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 21, 2022
Issuing agencies
Interior DepartmentNational Indian Gaming Commission
Abstract
In compliance with the Paperwork Reduction Act of 1995, the National Indian Gaming Commission (NIGC or Commission) is announcing its submission, concurrently with the publication of this notice or soon thereafter, of the following information collection requests to the Office of Management and Budget (OMB) for review and approval. The Commission is seeking comments on the renewal of information collections for the following activities: (i) Indian gaming management contract-related submissions, as authorized by Office of Management and Budget (OMB) Control Number 3141-0004 (expires on June 30, 2022); (ii) Indian gaming fee payments-related submissions, as authorized by OMB Control Number 3141-0007 (expires on June 30, 2022); (iii) minimum internal control standards for class II gaming submission and recordkeeping requirements, as authorized by OMB Control Number 3141- 0009 (expires on June 30, 2022); (iv) facility license-related submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0012 (expires on June 30, 2022); and (v) minimum technical standards for class II gaming systems and equipment submission and recordkeeping requirements, as authorized by OMB Control Number 3141- 0014 (expires on June 30, 2022).
Full Text
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<title>Federal Register, Volume 87 Issue 118 (Tuesday, June 21, 2022)</title>
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[Federal Register Volume 87, Number 118 (Tuesday, June 21, 2022)]
[Notices]
[Pages 36878-36880]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-13219]
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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: Second 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 announcing
its submission, concurrently with the publication of this notice or
soon thereafter, of the following information collection requests to
the Office of Management and Budget (OMB) for review and approval. The
Commission is seeking comments on the renewal of information
collections for the following activities: (i) Indian gaming management
contract-related submissions, as authorized by Office of Management and
Budget (OMB) Control Number 3141-0004 (expires on June 30, 2022); (ii)
Indian gaming fee payments-related submissions, as authorized by OMB
Control Number 3141-0007 (expires on June 30, 2022); (iii) minimum
internal control standards for class II gaming submission and
recordkeeping requirements, as authorized by OMB Control Number 3141-
0009 (expires on June 30, 2022); (iv) facility license-related
submission and recordkeeping requirements, as authorized by OMB Control
Number 3141-0012 (expires on June 30, 2022); and (v) minimum technical
standards for class II gaming systems and equipment submission and
recordkeeping requirements, as authorized by OMB Control Number 3141-
0014 (expires on June 30, 2022).
DATES: The OMB has up to 60 days to approve or disapprove the
information collection requests, but may respond after 30 days.
Therefore, public comments should be submitted to OMB by July 21, 2022
in order to be assured of consideration.
ADDRESSES: Submit comments directly to OMB's Office of Information and
Regulatory Affairs, Attn: Policy Analyst/Desk Officer for the National
Indian Gaming Commission. Comments can also be emailed to
<a href="/cdn-cgi/l/email-protection#0d42445f4c525e786f60647e7e6462634d62606f2368627d236a627b"><span class="__cf_email__" data-cfemail="7837312a39272b0d1a15110b0b1117163817151a561d1708561f170e">[email protected]</span></a>, include reference to ``NIGC PRA Renewals''
in the subject line.
FOR FURTHER INFORMATION CONTACT: For further information, including
copies of the proposed information collection requests and supporting
documentation, contact Tim Osumi at (202) 632-7003; fax (202) 632-7066
(not toll-free numbers). You may also review these information
collection requests by going to <a href="http://www.reginfo.gov">http://www.reginfo.gov</a> (Information
Collection Review, Currently Under Review, Agency: National Indian
Gaming Commission).
SUPPLEMENTARY INFORMATION:
I. Abstract
The gathering of this information is in keeping with the purposes
of the Indian Gaming Regulatory Act of 1988 (IGRA or the Act), Public
Law 100-497, 25 U.S.C. 2701, et seq., which include: providing a
statutory basis for the operation of gaming by Indian tribes as a means
of promoting tribal economic development, self-sufficiency, and strong
tribal governments; ensuring that the Indian tribe is the primary
beneficiary of the gaming operation; and declaring that the
establishment of independent federal regulatory authority for gaming on
Indian lands, the establishment of federal standards for gaming on
Indian lands, and the establishment of the Commission are necessary to
meet congressional concerns regarding gaming and to protect such gaming
as a means of generating tribal revenue. 25 U.S.C. 2702. The Act
established the Commission and laid out a comprehensive framework for
the regulation of gaming on Indian lands.
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 Number of Respondents: 29.
[[Page 36879]]
Estimated Annual Responses: 41 (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 1.0 burden hours to 16.0 burden hours
for one item.
Frequency of Response: Usually no more than once per year.
Estimated Total Annual Burden Hours on Respondents: 401.
Estimated Total Non-hour Cost Burden: $19,729.
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: 698.
Estimated Annual Responses: 60,826.
Estimated Time per Response: Depending on the type of submission,
the range of time can vary from 0.5 burden hours to 2.3 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: 33,885.
Estimated Total Non-hour Cost Burden: $ 1,649,004.
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
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: 398.
Estimated Annual Responses: 842.
Estimated Time per Response: Depending on the tier level of the
gaming facility, the range of time can vary from 1.0 burden hour to
10.0 burden hours for one AUP audit report.
Frequency of Response: Annually.
Estimated Total Annual Hourly Burden to Respondents: 1,199.
Estimated Total Non-hour Cost Burden: $ 3,296,800.
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
[[Page 36880]]
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 Number of Respondents: 462.
Estimated Annual Responses: 500.
Estimated Time per Response: Depending on the type of submission,
the range of time can vary from 1.0 burden hours to 3.0 burden hours
for one item.
Frequency of Response: Varies.
Estimated Total Annual Hourly Burden to Respondents: 966.
Estimated Total Non-hour Cost Burden: $0.
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 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: 431.
Estimated Annual Responses: 431.
Estimated Time per Response: Depending on the type of submission,
the range of time can vary from 6 burden hours to 33.5 burden hours for
one item.
Frequency of Response: Annually.
Estimated Total Annual Hourly Burden to Respondents: 7,666.
Estimated Total Non-hour Cost Burden: $0.
Dated: June 3, 2022.
Christinia Thomas,
Deputy Chief of Staff.
[FR Doc. 2022-13219 Filed 6-17-22; 8:45 am]
BILLING CODE 7565-01-P
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