Notice2024-03773
Agency Information Collection Activities; New Collection: Information Management Standard Assessment Questionnaires
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
February 26, 2024
Issuing agencies
Interior DepartmentNational Indian Gaming Commission
Abstract
In accordance with the Paperwork Reduction Act of 1995 (PRA), the National Indian Gaming Commission (NIGC or Commission) is providing notice that it is requesting, concurrently with the publication of this notice or soon thereafter, for the Office of Management and Budget (OMB) to review and approve a new information collection.
Full Text
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<title>Federal Register, Volume 89 Issue 38 (Monday, February 26, 2024)</title>
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[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Notices]
[Page 14091]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-03773]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Agency Information Collection Activities; New Collection:
Information Management Standard Assessment Questionnaires
AGENCY: National Indian Gaming Commission, Interior.
ACTION: Second Notice of New Information Collection; request for
comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA),
the National Indian Gaming Commission (NIGC or Commission) is providing
notice that it is requesting, concurrently with the publication of this
notice or soon thereafter, for the Office of Management and Budget
(OMB) to review and approve a new information collection.
DATES: The OMB has up to 60 days to approve or disapprove information
collection requests, but may respond after 30 days. Therefore, public
comments should be submitted to OMB by no later than March 27, 2024, 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#3f70766d7e606c4a5d52564c4c5650517f50525d115a504f11585049"><span class="__cf_email__" data-cfemail="b7f8fee5f6e8e4c2d5dadec4c4ded8d9f7d8dad599d2d8c799d0d8c1">[email protected]</span></a>>, include reference to ``NIGC PRA New
Collection'' 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#e7938e8ac98894928a8ea7898e8084c9808891"><span class="__cf_email__" data-cfemail="9aeef3f7b4f5e9eff7f3daf4f3fdf9b4fdf5ec">[email protected]</span></a>, or by
telephone at (771) 220-3592; or by fax at (202) 632-7066 (not toll-free
numbers). You may also review these information collection requests by
going to <<a href="https://www.reginfo.gov">https://www.reginfo.gov</a>> (Information Collection Review,
Currently Under Review, Agency: National Indian Gaming Commission).
SUPPLEMENTARY INFORMATION:
I. Background
The Indian Gaming Regulatory Act (IGRA), Public Law 100-497, 25
U.S.C. 2701, et seq., was signed into law on October 17, 1988. The IGRA
established the National Indian Gaming Commission (NIGC) and outlined a
comprehensive framework for the regulation of gaming on Indian lands.
Among the IGRA's requirements is that persons who apply for a ``key
employee'' (KE) or ``primary management official'' (PMO) position at a
tribal gaming operation must undergo a background investigation ((Sec.
2710(b)(2)(F)(i)). Similarly, the IGRA requires that persons who have
direct or indirect financial interest in, or management responsibility
for, a tribal gaming management contract, must undergo a background
investigation and be evaluated for suitability as part of the NIGC's
management contract review process ((Sec. 2711(a), (e)(1)(D)). In
keeping with these background investigative statutory requirements,
NIGC regulations 25 CFR 522.2(g), 25 CFR 556.4(a)(14), and 25 CFR
537.1(b)(2) stipulate that prospective KEs/PMOs and management
contractors must submit their fingerprints to the Federal Bureau of
Investigations (FBI) and undergo a criminal history record information
(CHRI) check.
Although CHRI checks are integral to the tribal KE/PMO applicant
licensing process, tribes do not possess the necessary statutory
authority to directly access FBI CHRI for this purpose. The NIGC, as a
Federal agency empowered under the IGRA to access CHRI (Sec. Sec.
2706(b)(3) & (7), 2708), accepts tribal fingerprint submissions and
transmits them to the FBI for this purpose. In return, the FBI provides
CHRI check results to the NIGC and the NIGC shares these results with
the requesting tribe. In this process, the NIGC assumes the role of a
CJIS (Criminal Justice Information Services) Systems Agency (CSA), a
duly authorized agency on the CJIS network that provides service to
criminal justice users with respect to the criminal justice information
(from the various systems managed by the Federal Bureau of
Investigations (FBI) CJIS Division.
The roles and responsibilities under which the NIGC, FBI, and
tribes process CHRI checks are memorialized in Memoranda of
Understanding between the FBI and the NIGC and between the NIGC and
each requesting tribe. One such responsibility is to monitor the
dissemination of CHRI to ensure FBI-compliant privacy and security
standards are followed. This responsibility is detailed in FBI CJIS
Security Policy, Policy Area 11 (CJISSECPOL 5.11.2) which specifies
that the NIGC, as a CSA, is required to establish a process to
periodically audit tribes that receive CHRI to ensure compliance with
applicable statutes, regulations and policies. To fulfill this
obligation, the NIGC has established a CJIS Audit Unit (CAU), which is
tasked with coordinating with tribal authorities to ensure that NIGC-
disseminated CHRI is handled and managed in accordance with applicable
statutes, regulations, and policies.
In performing its oversight duties, the CAU will deploy
questionnaires to gather information. This information will be used to
assess and document tribal compliance with privacy and security
standards and will enable the CAU to identify information management
risk factors that may require remediation. Responding to this
information collection is voluntary, however, failure to collect this
information may impair the NIGC's ability to fulfill its obligations
under its MOUs with the FBI and its tribal partners. Indeed, this
information collection is a vital tool for the NIGC CAU to perform its
function and helps to ensure that the NIGC can continue to support the
successful tribal operation of tribal gaming under the IGRA.
II. Data
Title: Information Management Standard Assessment Questionnaires.
OMB Control Number: 3141-xxxx.
Brief Description of Collection:
The collection involves questions that seek information about
tribal security and privacy protections governing the processing,
handling, and storing of NIGC-disseminated CHRI. The questions closely
track the FBI's standard CJIS compliance questionnaires but have been
streamlined and adapted to tribal specific standards. The information
collected is related to information policies, procedures, and system
configurations and includes some type and amount of measurable evidence
that confirms their proper implementation.
Respondents: Indian tribal gaming operations.
Estimated Number of Annual Respondents: 140.
Estimated Number of Annual Responses: 140.
Estimated Time per Response: 37.5 minutes.
Frequency of Responses: Annually.
Estimated Total Annual Burden Hours on Respondents: 87.5.
Estimated Total Non-hour Cost Burden: $0.
Edward Simermeyer,
Chairman.
[FR Doc. 2024-03773 Filed 2-23-24; 8:45 am]
BILLING CODE 7565-01-P
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