Notice2023-11368
Submission 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 6, 2023
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: compliance and enforcement actions under the Indian Gaming Regulatory Act as authorized by OMB Control Number 3141-0001; tribal gaming ordinance approvals, background investigations, and issuance of licenses as authorized by OMB Control Number 3141-0003; National Environmental Policy Act submissions as authorized by OMB Control Number 3141-0006; and issuance to tribes of certificates of self-regulation for class II gaming as authorized by OMB Control Number 3141-0008. These information collections expire on June 30, 2023, with the exception of OMB Control Number 3141-000, which expires on May 31, 2023.
Full Text
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<title>Federal Register, Volume 88 Issue 108 (Tuesday, June 6, 2023)</title>
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[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Notices]
[Pages 37090-37093]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11368]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Submission of Information Collections Under the Paperwork
Reduction Act
AGENCY: National Indian Gaming Commission, Interior.
ACTION: Second notice and 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: compliance and enforcement
actions under the Indian Gaming Regulatory Act as authorized by OMB
Control Number 3141-0001; tribal gaming ordinance approvals, background
investigations, and issuance of licenses as authorized by OMB Control
Number 3141-0003; National Environmental Policy Act submissions as
authorized by OMB Control Number 3141-0006; and issuance to tribes of
certificates of self-regulation for class II gaming as authorized by
OMB Control Number 3141-0008. These information collections expire on
June 30, 2023, with the exception of OMB Control Number 3141-000, which
expires on May 31, 2023.
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 no later than
July 6, 2023 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#612e2833203e3214030c081212080e0f210e0c034f040e114f060e17"><span class="__cf_email__" data-cfemail="c08f8992819f93b5a2ada9b3b3a9afae80afada2eea5afb0eea7afb6">[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 collections of information and supporting
documentation, contact Tim Osumi by email at <a href="/cdn-cgi/l/email-protection#74001d195a1b0701191d341a1d13175a131b02"><span class="__cf_email__" data-cfemail="add9c4c083c2ded8c0c4edc3c4cace83cac2db">[email protected]</span></a>, or by
telephone at (202) 632-7054; or by at 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: Indian Gaming Compliance and Enforcement.
OMB Control Number: 3141-0001.
Brief Description of Collection: Although IGRA places primary
responsibility with the tribes for regulating their gaming activities,
25 U.S.C. 2706(b) directs the Commission to monitor class II 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). The
Act also authorizes the Commission to ``promulgate such regulations and
guidelines as it deems appropriate to implement'' IGRA. 25 U.S.C.
2706(b)(10). Part 571 of title 25, Code of
[[Page 37091]]
Federal Regulations, implements these statutory requirements.
Section 571.7(a) requires Indian gaming operations to keep/maintain
permanent books of account and records sufficient to establish the
amount of gross and net income, deductions and expenses, receipts and
disbursements, and other relevant financial information. Section
571.7(c) requires that these records be kept for at least five years.
Under Sec. 571.7(b), the Commission may require a gaming operation to
submit statements, reports, accountings, and specific records that will
enable the NIGC to determine whether or not such operation is liable
for fees payable to the Commission (and in what amount). Section
571.7(d) requires a gaming operation to keep copies of all enforcement
actions that a tribe or a state has taken against the operation.
Section 571.12 requires tribes to prepare comparative financial
statements covering all financial activities of each class II and class
III gaming operation on the tribe's Indian lands, and to engage an
independent certified public accountant to provide an annual audit of
the financial statements of each gaming operation. Section 571.13
requires tribes to prepare and submit to the Commission two paper
copies or one electronic copy of the financial statements and audits,
together with management letter(s) and other documented auditor
communications and/or reports as a result of the audit, setting forth
the results of each fiscal year. The submission must be sent to the
Commission within 120 days after the end of the fiscal year of each
gaming operation, including when a gaming operation changes its fiscal
year or when gaming ceases to operate. Section 571.14 requires tribes
to reconcile quarterly fee reports with audited financial statements
and to keep/maintain this information to be available to the NIGC upon
request in order to facilitate the performance of compliance audits.
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: 720.
Estimated Annual Responses: 1,440.
Estimated Time per Response: Depending on the type of information
collection, the range of time can vary from 4 burden hours to 476
burden hours for one item.
Frequency of Responses: Depending on the type of information
collection, it can be quarterly or annually.
Estimated Total Annual Burden Hours on Respondents: 126,720.
Estimated Total Non-Hour Cost Burden: $38,376,960.
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. Specifically,
Sec. 2705(a)(3) requires the NIGC Chair to review all class II and
class III tribal gaming ordinances. Section 2710 sets forth the
specific requirements for the tribal gaming ordinances, including the
requirement that there be adequate systems in place to cause background
investigations to be conducted on individuals in key employee and
primary management official (PMO) positions (Sec. 2710(b)(2)(F)(i));
and to provide two prompt notifications to the Commission, one
notification containing the results of the background investigations
before the issuance of any gaming licenses, and the other one of the
issuance of such gaming licenses to key employees and PMOs (Sec.
2710(b)(2)(F)(ii)). In addition, Sec. 2710(d)(2)(D)(ii) requires
tribes who have, at their sole discretion, revoked any prior class III
ordinance or resolution, to submit a notice of such revocation to the
NIGC Chair. The Act also authorizes the Commission to ``promulgate such
regulations and guidelines as it deems appropriate to implement'' IGRA.
25 U.S.C. 2706(b)(10). Parts 519, 522, 556, and 558 of title 25, Code
of Federal Regulations, implement these statutory requirements.
Sections 519.1 and 519.2 require a tribe, management contractor,
and a tribal operator to designate an agent for service of process, and
Sec. 522.2(g) requires it to be submitted by written notification to
the Commission. Section 522.2(a) requires a tribe to submit a copy of
an ordinance or resolution certified as authentic, and that meets the
approval requirements in 25 CFR 522.5(b) or 522.7. Sections 522.11 and
522.12 require tribes to submit, respectively, an ordinance for the
licensing of individually owned gaming operations other than those
operating on September 1, 1986, and for the licensing of individually
owned gaming operations operating on September 1, 1986. Section
522.3(a) requires a tribe to submit an amendment to an ordinance or
resolution within 15 days after adoption of such amendment.
Section 522.2(b)-(h) requires tribes to submit to the Commission:
(i) A copy of the procedures to conduct or cause to be conducted
background investigations on key employees and primary management
officials and to ensure that key employees and primary management
officials are notified of their rights under the Privacy Act; (ii) a
copy of the procedures to issue tribal licenses to primary management
officials and key employees; (iii) When an ordinance or resolution
concerns class III gaming, a copy of any approved tribal-state compact
or class III procedures as prescribed by the Secretary that are in
effect at the time the ordinance or amendment is passed; (iv) A copy of
the procedures for resolving disputes between the gaming public and the
tribe or the management contractor; (v) Identification of the entity
that will take fingerprints and a copy of the procedures for conducting
a criminal history check. Such a criminal history check shall include a
check of criminal history records information maintained by the Federal
Bureau of Investigation; and (vi) Indian lands or tribal gaming
regulations or environmental and public health and safety documentation
that the Chair may request in the Chair's discretion. Section 522.3(a)
requires a tribe to submit any amendment to these submissions within 15
days after adoption of such amendment. Section 522.13(a) requires a
tribe to submit to the Commission a copy of an authentic ordinance
revocation or resolution.
Section 556.4 requires tribes to mandate the submission of the
following information from applicants for key employee and PMO
positions: (i) full name, other names used (oral or written), social
security number(s), birth date, place of birth, citizenship, gender,
all languages (spoken or written); (ii) currently and for the previous
five years: Business and employment positions held, ownership interests
in those businesses, business and residence addresses, and driver's
license numbers; (iii) the names and current addresses of at least
three personal references; (iv) current business and personal telephone
numbers; (v) a description of any existing and previous business
relationships with Indian tribes, including ownership interests in
those businesses; (vi) a description of any existing and previous
business relationships with the gaming industry generally, including
ownership interests in those businesses; (vii) the name and address of
any licensing or regulatory agency with which the person has filed an
application for a license or permit
[[Page 37092]]
related to gaming, whether or not such license or permit was granted;
(viii) for each felony for which there is an ongoing prosecution or a
conviction, the charge, the name and address of the court involved, and
the date and disposition if any; (ix) for each misdemeanor conviction
or ongoing misdemeanor prosecution (excluding minor traffic violations)
within 10 years of the date of the application, the name and address of
the court involved and the date and disposition; (x) for each criminal
charge in the past 10 years that is not otherwise listed, the criminal
charge, the name and address of the court, and the date and
disposition; (xi) the name and address of any licensing or regulatory
agency with which the person has filed an application for an
occupational license or permit, whether or not such license or permit
was granted; (xii) a photograph; and (xiii) fingerprints. Sections
556.2 and 556.3, respectively, require tribes to place a specific
Privacy Act notice on their key employee and PMO applications, and to
warn applicants regarding the penalty for false statements by also
placing a specific false statement notice on their applications.
Sections 556.6(a) and 558.3(e) require tribes to keep/maintain the
individuals' complete application files, investigative reports, and
eligibility determinations during their employment and for at least
three years after termination of their employment. Section 556.6(b)(1)
requires tribes to create and maintain an investigative report on each
background investigation that includes: (i) the steps taken in
conducting a background investigation; (ii) the results obtained; (iii)
the conclusions reached; and (iv) the basis for those conclusions.
Section 556.6(b)(2) requires tribes to submit, no later than 60 days
after an applicant begins work, a notice of results of the applicant's
background investigation that includes: (i) the applicant's name, date
of birth, and Social Security number; (ii) the date on which the
applicant began or will begin work as a key employee or PMO; (iii) a
summary of the information presented in the investigative report; and
(iv) a copy of the eligibility determination.
Section 558.3(b) requires a tribe to notify the Commission of the
issuance of PMO and key employee licenses within 30 days after such
issuance. Section 558.3(d) requires a tribe to notify the Commission if
the tribe does not issue a license to an applicant, and requires it to
forward copies of its eligibility determination and notice of results
to the Commission for inclusion in the Indian Gaming Individuals Record
System. Section 558.4(e) requires a tribe, after a gaming license
revocation hearing, to notify the Commission of its decision to revoke
or reinstate a gaming license within 45 days of receiving notification
from the Commission that a specific individual in a PMO or key employee
position is not eligible for continued employment.
These information collections are mandatory and allow the
Commission to carry out its statutory duties.
Respondents: Indian tribal gaming operations.
Estimated Number of Respondents: 1,524.
Estimated Annual Responses: 225,484.
Estimated Time per Response: Depending on the type of information
collection, the range of time can vary from 0.7 burden hour to 23
burden hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden Hours on Respondents: 489,089.
Estimated Total Non-Hour Cost Burden: $3,264,177.
Title: NEPA Compliance.
OMB Control Number: 3141-0006.
Brief Description of Collection: The National Environmental Policy
Act (NEPA), 42 U.S.C. 4321, et seq., and the Council on Environmental
Quality's (CEQ) implementing regulations, require federal agencies to
prepare (or cause to be prepared) environmental documents for agency
actions that may have a significant impact on the environment. Under
NEPA, an Environmental Assessment (EA) must be prepared when the agency
action cannot be categorically excluded, or the environmental
consequences of the agency action will not result in a significant
impact or the environmental impacts are unclear and need to be further
defined. An Environmental Impact Statement (EIS) must be prepared when
the agency action will likely result in significant impacts to the
environment.
Amongst other actions necessary to carry out the Commission's
statutory duties, the Act requires the NIGC Chair to review and approve
third-party management contracts that involve the operation of tribal
gaming facilities. 25 U.S.C. 2711. The Commission has taken the
position that the NEPA process is triggered when a tribe and a
potential contractor seek approval of a management contract. Normally,
an EA or EIS and its supporting documents are prepared by an
environmental consulting firm and submitted to the Commission by the
tribe. In the case of an EA, the Commission independently evaluates the
NEPA document, verifies its content, and assumes responsibility for the
accuracy of the information contained therein. In some cases, this may
be memorialized in a Supplemental Information Report. In the case of an
EIS, the Commission directs and is responsible for the preparation of
the NEPA document, but the tribe or potential contractor is responsible
for paying for the preparation of the document. The information
collected includes, but is not limited to, maps, charts, technical
studies, correspondence from other agencies (federal, tribal, state,
and local), and comments from the public. These information collections
are mandatory and allow the Commission to carry out its statutory
duties.
Respondents: Tribal governing bodies, management contractors.
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 vary from 2 burden hours to 16
burden hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden Hours on Respondents: 20.5.
Estimated Total Non-Hour Cost Burden: $494,132.
Title: Issuance of Certificates of Self-Regulation to Tribes for
Class II Gaming.
OMB Control Number: 3141-0008.
Brief Description of Collection: The Act sets the standards for the
regulation of Indian gaming, including a framework for the issuance of
certificates of self-regulation for class II gaming operations to
tribes that meet certain qualifications. Specifically, 25 U.S.C.
2710(c) authorizes the Commission to issue a certificate of self-
regulation if it determines that a tribe has: (i) conducted its gaming
activity in a manner that has resulted in an effective and honest
accounting of all revenues and a reputation for safe, fair, and honest
operation of the activity, and has been generally free of evidence of
criminal or dishonest activity; (ii) conducted its gaming operation on
a fiscally and economically sound basis; (iii) conducted its gaming
activity in compliance with the IGRA, NIGC regulations and the tribe's
gaming ordinance and gaming regulations; (iv) adopted and is
implementing adequate systems for the accounting of all revenues from
the gaming activity, for the investigation, licensing, and monitoring
of all employees of the gaming activity, for the investigation,
enforcement, and prosecution of violations of its gaming ordinance and
regulations, and for the prosecution of criminal or dishonest activity
or referring of such activity for
[[Page 37093]]
prosecution. The Act also authorizes the Commission to ``promulgate
such regulations and guidelines as it deems appropriate to implement''
IGRA. 25 U.S.C. 2706(b)(10). Part 518 of title 25, Code of Federal
Regulations, implements these statutory requirements.
Section 518.3(e) requires a tribe's gaming operation(s) and the
tribal regulatory body (TRB) to have kept all records needed to support
the petition for self-regulation for the three years immediately
preceding the date of the petition submission. Section 518.4 requires a
tribe petitioning for a certificate of self-regulation to submit the
following to the Commission, accompanied by supporting documentation:
(i) two copies of a petition for self-regulation approved by the tribal
governing body and certified as authentic; (ii) a description of how
the tribe meets the eligibility criteria in Sec. 518.3; (iii) a brief
history of each gaming operation, including the opening dates and
periods of voluntary or involuntary closure(s); (iv) a TRB
organizational chart; (v) a brief description of the criteria that
individuals must meet before being eligible for employment as a tribal
regulator; (vi) a brief description of the process by which the TRB is
funded, and the funding level for the three years immediately preceding
the date of the petition; (vii) a list of the current regulators and
TRB employees, their complete resumes, their titles, the dates that
they began employment, and if serving limited terms, the expiration
date of such terms; (viii) a brief description of the accounting
system(s) at the gaming operation that tracks the flow of the gaming
revenues; (ix) a list of the gaming activity internal controls at the
gaming operation(s); (x) a description of the recordkeeping system(s)
for all investigations, enforcement actions, and prosecutions of
violations of the tribal gaming ordinance or regulations, for the
three-year period immediately preceding the date of the petition; and
(xi) the tribe's current set of gaming regulations, if not included in
the approved tribal gaming ordinance. Section 518.10 requires each
Indian gaming tribe that has been issued a certificate of self-
regulation to submit to the Commission the following information by
April 15th of each year following the first year of self-regulation, or
within 120 days after the end of each gaming operation's fiscal year:
(i) an annual independent audit; and (ii) a complete resume for all TRB
employees hired and licensed by the tribe subsequent to its receipt of
a certificate of self-regulation.
Submission of the petition and supporting documentation is
voluntary. Once a certificate of self-regulation has been issued, the
submission of certain other information is mandatory.
Respondents: Tribal governments.
Estimated Number of Respondents: 11.
Estimated Annual Responses: 11.
Estimated Time per Response: Depending on the information
collection, the range of time can vary from 1 burden hour to 202 burden
hours for one item.
Frequency of Responses: One per year.
Estimated Total Annual Burden Hours on Respondents: 257.
Estimated Total Non-Hour Cost Burden: $203,825.
III. Request for Comments
Regulations at 5 CFR part 1320, which implement provisions of the
Paperwork Reduction Act, require that interested members of the public
have an opportunity to comment on an agency's information collection
and recordkeeping activities. See 5 CFR 1320.8(d). To comply with the
public consultation process, the Commission previously published its
60-day notice of its intent to submit the above-mentioned information
collection requests to OMB for approval. See 88 FR 20182 (April 5,
2023). The Commission did not receive any comments in response to that
notice and request for comments.
The Commission will submit the preceding requests to OMB to renew
its approval of the information collections. The Commission is
requesting a three-year term of approval for each of these information
collection and recordkeeping activities.
You are again 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 automated,
electronic, mechanical, or other collection techniques or forms of
information technology.
If you wish to comment in response to this notice, you may send
your comments to the office listed under the ADDRESSES section of this
notice by July 6, 2023.
Comments submitted in response to this second notice will be
summarized and become a matter of public record. The NIGC will not
request nor sponsor a collection of information, and you need not
respond to such a request, if there is no valid OMB Control Number.
Dated: May 23, 2023.
Christinia Thomas,
Deputy Chief of Staff.
[FR Doc. 2023-11368 Filed 6-5-23; 8:45 am]
BILLING CODE 7565-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.