[Federal Register Volume 62, Number 211 (Friday, October 31, 1997)]
[Notices]
[Pages 59007-59008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28876]


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NATIONAL INDIAN GAMING COMMISSION


Submission for OMB Review; Comment Request

agency: National Indian Gaming Commission.

action: Notice.

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summary: In accordance with the Paperwork Reeducation Act of 1995, this 
notice announces that the following information collection activities 
have been forwarded to the Office of Management and Budget (OMB) for 
review and comment: (1) Compliance and Enforcement under the Indian 
Gaming Regulatory Act (IGRA); (2) Privacy Act Regulations; (3) Approval 
of Class II and Class III Gaming Ordinances; (4) National Environmental 
Policy Act Procedures; and (5) Annual Fees Payable by Class II Gaming 
Operations. The National Indian Gaming Commission (NIGC) is requesting 
approval for revision and three-year extension for each information 
collection activity.

dates: Comments on this notice must be received by December 1, 1997.

additional information or comments: Comments should be addressed to 
Desk Officer for National Indian Gaming Commission, Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
New Executive Office Building, Washington, D.C. 20503.

supplementary information:

    Title: Compliance and Enforcement Under the Indian Gaming 
Regulatory Act.
    OMB Number: 3141-0001.
    Abstract: The Indian Gaming Regulatory Act (25 U.S.C. 2701 et. 
seq.) governs the regulation of gaming on Indian lands. Although the 
IGRA places primary responsibility on tribes to regulate gaming, 
section 2706(b) of the IGRA directs the NIGC to monitor gaming 
conducted on Indian lands on a continuing basis. The IGRA authorizes 
the NIGC to demand access to and inspect all papers, books and records 
relating to gaming conducted on Indian lands. In accordance with this 
statutory responsibility, 25 CFR 571.7 requires Indian gaming 
operations to keep permanent financial records.
    Respondents: Indian gaming owners or operators.
    Estimated Number of Respondents: 220.
    Estimated Annual Responses: 665.
    Estimated Annual Burden Hours: 1090.
    Estimated Burden Hours Per Response: 2.5.

    Title: Privacy Act Procedures.
    OMB Number: 3141-0002.
    Abstract: To implement the IGRA, it is necessary for the NIGC to 
collect, maintain and use personal information gathered on certain 
individuals. Under 25 CFR 556.4 and 556.6, tribes must submit to the 
NIGC information regarding key employees and management officials 
employed at a tribal gaming operation. The NIGC compiles and stores 
this information in a system of records. Pursuant to the Privacy Act of 
1974 (5 U.S.C. 552a) agencies must promulgate regulations regarding the 
collection, maintenance, use and dissemination of records within a 
system. Under 25 CFR 515.3 individuals can request information on 
whether they are subject to any record. Individuals may also request 
access to those records. The regulations promulgated by the NIGC sets 
forth certain exemptions that would otherwise authorize the NIGC to 
withhold certain information made available under the Privacy Act.
    Respondents: Individuals requesting access to records.
    Estimated Number of Respondents: 45.
    Estimated Annual Responses: 50.
    Estimated Annual burden Hours: 105.
    Estimated Burden Hours Per Response: 2.

    Title: Approval of class II and class III ordinances.
    OMB Number: 3141-0003.
    Abstract: The IGRA establishes the National Indian Gaming 
Commission as an independent regulatory agency to oversee Indian 
gaming. The IGRA sets standards for the regulations of gaming, 
including requirements for approval or disapproval of tribal gaming 
ordinances. IGRA Section 2705(a)(3) requires the Chairman to review all 
class II and class III tribal gaming ordinances and resolutions. In 
accordance with this provision, 25 CFR 552.2 of the NIGC's regulations 
require tribes to submit to the NIGC (1) a copy of all gaming 
ordinances and resolutions adopted after the effective date of the 
regulation; (2) background investigations for key employees or primary 
management officials; (4) copies of all gaming regulations; (5) copies 
of tribal-state compacts; (6) a description of dispute resolution 
procedures for disputes arising between the gaming public and the tribe 
or management contractor; (7) an independent audit; and (8) a request 
for approval of the ordinance or resolution. Under 25 CFR 522.3 tribes 
must submit amendments to the ordinance or resolution.
    Respondents: Tribal gaming owners and operators.
    Estimated Number of Respondents: 220.
    Estimated Annual Responses: 977.
    Estimated Annual burden Hours: 70,922.
    Estimated Burden Hours Per Response: 72.5.

    Title: National Environmental Policy Act Procedures.
    OMB Number: 3141-0006.
    Abstract: The National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq) was enacted to encourage a national policy of protecting, 
enhancing, and restoring the quality of the human environment. The 
Council on Environmental Policy (CEQ), established pursuant to the 
National Environmental Policy Act (NEPA) promulgated implementing 
regulations at 40 CFR 1501 et seq. NEPA and CEQ's regulations require 
every federal agency to establish procedures and strategies that 
consider the environmental consequences of federal agency actions. 
Under NEPA, federal agencies are

[[Page 59008]]

required to prepare or cause to be prepared environmental documents 
relating to actions by the agency that have significant impacts on the 
environment. The Commission believes that the NEPA process will be 
triggered when a tribe and management contractor seek approval of a 
management contract under 25 CFR 533.
    Respondents: Applicants seeking approval of a management contract 
and/or third party contractor.
    Estimated Number of Respondents: 11.
    Estimated Annual Responses: 11.
    Estimated Annual Burden Hours: 5000.
    Estimated Burden Hours Per Response: 455.

    Title: Annual Fees Payable by Class II Gaming Operations.
    OMB Number: 3141-0007.
    Abstract: The IGRA authorizes the NIGC to establish a schedule of 
fees to be paid to the Commission by each class II gaming operation 
regulated by the IGRA. Fees are computed using rates set by the NIGC 
and the assessable gross revenues of each gaming operation. The total 
of all fees assessed annually cannot exceed $1,500,000. The required 
information is needed for the NIGC to both set and adjust rates and to 
support the computation of fees paid by each gaming operation.
    Respondents: Class II gaming operations.
    Estimated Number of Respondents: 201.
    Estimated Annual Responses: 404.
    Estimated Burden Hours Per Response: 5.

FOR COPIES AND FURTHER INFORMATION CONTACT: Copies of documents 
submitted to OMB may be obtained from the National Indian Gaming 
Commission, 1441 L Street NW, Suite 9100, Washington, DC 20005.
Tadd M. Johnson,
Chairman, National Indian Gaming Commission.
[FR Doc. 97-28876 Filed 10-30-97; 8:45 am]
BILLING CODE 7567-01-M