[Federal Register Volume 66, Number 36 (Thursday, February 22, 2001)]
[Notices]
[Pages 11185-11187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-4397]


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NATIONAL INDIAN GAMING COMMISSION


Paperwork Reduction Act

AGENCY: National Indian Gaming Commission.

ACTION: Notice.

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SUMMARY: The National Indian Gaming Commission (NIGC), in accordance 
with the Paperwork Reduction Act of 1995, is submitting to the Office 
of Management and Budget (OMB) a request to review and extend approval 
for the following information collection activities: (1) Compliance and 
Enforcement under the Indian Gaming Regulatory Act (IGRA); (2) approval 
of Class II and Class III Gaming Ordinances; and (3) National 
Environmental Policy Act Procedures. The NIGC is also submitting a 
request for reinstatement of the approval for collection of information 
related to its review and approval of management contracts for the 
operation of tribal gaming facilities. OMB previously approved this 
information collection requirement but the approval has expired. The 
OMB will consider comments from the public on these information 
collection activities.
    Dates and Addresses: Comments for the NIGC's evaluation of the 
information collection activities and its request to OMB to extend or 
approve the information collections must be received by March 31, 2001. 
When providing comment, a respondent should specify the particular 
collection activity to which the comment pertains. Send comments to: 
Office of Information and Regulatory Affairs (Attn: Desk Officer for 
the National Indian Gaming Commission), Office of Management and 
Budget, 725 17th Street NW., Washington, DC 20503. The NIGC regulations 
to which the information collections pertain are available on the NIGC 
website, www.nigc.gov. A copy of the NEPA procedures for the NIGC are 
available on request by providing a mailing address to the point of 
contact for questions and comments listed on the website. Both the 
regulations and the NEPA procedures are also available by written 
request to the NIGC (Attn: Ms. Juanita Mendoza), 1441 L Street NW., 
Suite 9100, Washington, DC, 20005, or by telephone request at (202) 
632-7003. This is not a toll-free number. All other requests for 
information should be submitted to Ms. Mendoza at the above address for 
the NIGC.

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.) 
[IGRA] governs the regulation of gaming on Indian lands. Although the 
IGRA places primary responsibility with the tribes for regulating 
gaming, section 2706 (b) of the Act directs the NIGC to monitor gaming 
conducted on Indian lands on a continuing basis. The IGRA authorizes 
the NIGC to access 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. 25 CFR 571.12 and 571.13 require, 
respectively, an annual independent audit of a tribe's gaming 
operations and submission of this audit to the NIGC. The NIGC uses this 
information to fulfill its statutory responsibility to monitor Indian 
gaming. Additionally, section 2713(a) of the IGRA authorizes the 
Chairman to issue civil fine assessments and closure orders for 
violations of the Act or the Commission's regulations. This authority 
is implemented through 25 CFR part 575. The full Commission

[[Page 11186]]

reviews these matters on appeal under 25 CFR part 577.
    Estimated Burden: No additional burden is imposed by the 
requirements to maintain customary business records and to allow NIGC 
personnel access to those records. The preparation and submission of an 
annual audit are accomplished on a fixed fee basis. The response to 
enforcement actions would vary, but 164 hours would represent an 
average if a respondent utilized all appeal mechanisms.
    Respondents: Indian tribes conducting gaming operations.
    Estimated Number of Respondents: 220.
    Estimated Annual Responses: 951.
    Estimated Total Annual Hours Burden: 2,194.
    Estimated Total Annual Cost Burden: $1,779,880.
    Title: Approval of Class II and Class III Ordinances, Background 
Investigations and Gaming Licenses under the Indian Gaming Regulatory 
Act.
    OMB Number: 3141-000-3.
    Abstract: The IGRA establishes the National Indian Gaming 
Commission as an independent regulatory agency to oversee Indian 
gaming. The Act sets standards for the regulation 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. In accordance with this 
provision, 25 CFR 552.2 of the NIGC's regulations requires tribes to 
submit to the NIGC: (1) A copy of the gaming ordinance to be approved, 
a copy of the authorizing resolution by which it was enacted by the 
tribal government, a request for approval of the ordinance or 
resolution; (2) a description of procedures the tribe will employ in 
conducting background investigations on key employees or primary 
management officials; (3) a description of procedures the tribe will 
use to issue licenses to primary management officials and key 
employees; (4) copies of all gaming regulations; (5) a copy of any 
applicable tribal-state compact; (6) a description of dispute 
resolution procedures for disputes arising between the gaming public 
and the tribe or management contractor; (7) identification of the law 
enforcement agent that will take fingerprints and a description of the 
procedures for conducting criminal history checks; and (8) designation 
of an agent for service of process. Under 25 CFR 522.3, tribes must 
submit any amendment to the ordinance or resolution for approval by the 
Chairman. In this instance, the tribe must provide a copy of the 
authorizing resolution. The NIGC will use the information collected to 
approve or disapprove the ordinance or amendment. Section 2710 of the 
IGRA requires tribes to conduct background investigations on key 
employees and primary management officials involved in class II and 
class III gaming. 25 CFR parts 556 and 558 require tribes to perform 
each investigation using information such as name, address, previous 
employment records, previous relationships with either Indian tribes or 
the gaming industry, and licensing relating to those relationships, any 
convictions and any other information a tribe feels is relevant to the 
employment of the individuals being investigated. Tribes are then 
required to submit to the NIGC a copy of the completed employment 
applications and investigative reports and licensing eligibility 
determinations on key employees or primary management officials before 
issuing gaming licenses to those persons. The NIGC will use this 
information in conducting its review of the suitability determinations 
and will advise the tribe if it disagrees with any particular 
determination.
    Estimated Burden: The reporting burden for this collection of 
information is estimated to be 80 hours per response for approval of an 
initial gaming ordinance, 5 hours per response for an amendment, and 
400 hours annually, on the average, for each tribe for submission of 
matters related to background information and licensing.
    Respondents: Indian tribes conducting gaming operations.
    Estimated Number of Respondents: 220.
    Estimated Annual Responses: 941.
    Estimated Total Annual Burden Hours: 89,590 hours.
    Estimated Total Annual Cost Burden: $2,758,400.
    Title: National Environmental Policy Act Procedures.
    OMB Number: 3141-006.
    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 Quality (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 required to prepare or cause to be 
prepared environmental documents relating to actions by the agency that 
may have significant impact on the environment. The NEPA process will 
be triggered when a tribe and management contractor seek approval of a 
management contract under 25 CFR 533 which involves the construction of 
or significant modification to a gaming facility. NIGC procedures 
discuss the submission of an environmental assessment for consideration 
incident to that approval process. NIGC will use the environmental 
assessment in determining whether there is significant impact on the 
environment as a result of the construction or significant facility 
modification and may require mitigations described in the assessment to 
minimize any impact.
    Respondents: Indian tribes seeking approval of a management 
contract for tribal gaming operations and/or a management contactor.
    Estimated Number of Respondents: 50.
    Estimated Annual Responses: 15.
    Estimated Burden Hours Per Response: 1,300.
    Estimated Total Annual Burden Hours: 19,500.
    Estimated Total Annual Burden Cost: $1,755,000.
    Title: Approval of Management Contracts.
    OMB Number: 3141-0004 (expired).
    Abstract: Under sections 2710(e) and 2711 of the IGRA, subject to 
the approval of the NIGC Chairman, an Indian tribe may enter into a 
management contract for the operation and management of a tribal gaming 
activity. In approving a management contract, by the terms of the 
statute, the Chairman shall require and obtain the name, address, and 
other pertinent background information on each person or entity having 
a direct financial interest in, or management responsibility for such 
contract, and in the case of a corporation those individuals who serve 
on the board of directors of such corporation and each of its 
stockholders who hold 10 percent or more of its shares; a description 
of previous experience that each person has had with other Indian 
gaming contracts or with the gaming industry including any gaming 
licenses which the person holds; and a complete financial statement of 
each person listed. Under 25 CFR part 533, the Chairman requires the 
submission of the contract with original signatures, any collateral 
agreements to the contract, a tribal ordinance or resolution 
authorizing the submission and supporting documentation, a three-year 
business plan which sets forth the

[[Page 11187]]

parties' goals, objectives, budgets, financial plans, and related 
matters and income statements and sources and use of funds statements 
for the previous three years, and, for any contract exceeding five 
years or which includes a management fee of more than 30 percent, 
justification that the capital investment required and income 
projections for the gaming operation require the longer duration or the 
additional fee. Under 25 CFR part 535, the Chairman may approve a 
modification to a management contract or an assignment of that 
management contract based on information similar to that required under 
part 533. The part also specifies that the Chairman may void a previous 
management contract approval and allows the parties the opportunity to 
submit information relevant to that determination. 25 CFR part 537 
specifies the requirements for submission of background information in 
amplification of the statutory requirement for obtaining information on 
persons and entities having a direct financial interest in or 
management responsibility for a management contract. Finally, 25 CFR 
part 539 permits appeals to the Commission from a decision of the 
Chairman to disapprove a management contract and allows the Indian 
tribe and the management company an opportunity to provide information 
relevant to that appeal. The NIGC will use the information collected to 
either approve or disapprove the contract or, in the case of an appeal, 
to grant or deny the appeal.
    Estimated Burden: The reporting burden for this collection of 
information is estimated to be 80 hours per response for approval of a 
new management contract, 40 hours for approval of a management contract 
amendment, and 40 hours per response for an individual financial 
background investigation.
    Respondents: Indian tribes conducting gaming and management 
contractors for tribal gaming operations.
    Estimated Number of Respondents: 50.
    Estimated Annual Responses: 228.
    Estimated Total Annual Burden Hours: 9,720.
    Estimated Total Annual Cost Burden: $817,000.

Richard B. Schiff,
Acting Chief of Staff, National Indian Gaming Commission.
[FR Doc. 01-4397 Filed 2-21-01; 8:45 am]
BILLING CODE 7565-01-P