[Federal Register Volume 78, Number 130 (Monday, July 8, 2013)]
[Notices]
[Pages 40766-40768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16179]


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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: 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 seeking 
comments on the renewal of information collections for the following 
activities: (i) Compliance and enforcement actions under the Indian 
Gaming Regulatory Act as authorized by Office of Management and Budget 
(OMB) Control Number 3141-0001; (ii) approval of tribal ordinances, and 
background investigation and issuance of licenses as authorized by OMB 
Control Number 3141-0003; (iii) National Environmental Policy Act

[[Page 40767]]

submissions as authorized by OMB Control Number 3141-0006; and (iv) 
issuance to tribes of certificates of self-regulation for Class II 
gaming as authorized by OMB Control Number 3141-0008. These information 
collections all expire on October 31, 2013.

DATES: Submit comments on or before September 6, 2013.

ADDRESSES: Comments can be mailed, faxed, or emailed to the attention 
of: Armando J. Acosta, National Indian Gaming Commission, 1441 L Street 
NW., Suite 9100, Washington, DC 20005. Comments may be faxed to (202) 
632-7066 and may be sent electronically to [email protected], subject: PRA 
renewals.

FOR FURTHER INFORMATION CONTACT: Armando J. Acosta at (202) 632-7003; 
fax (202) 632-7066 (not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

I. Request for Comments

    You are 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. Please note that an agency may not conduct or 
sponsor, and an individual need not respond to, a collection of 
information unless it has a valid OMB Control Number.
    It is the Commission's policy to make all comments available to the 
public for review at the location listed in the ADDRESSES section. 
Before including your address, phone number, email address, or other 
personal identifying information in your comment, you should be aware 
that your entire comment--including your personal identifying 
information--may be made publicly available at any time. While you may 
ask in your comment that the Commission withhold your personal 
identifying information from public review, the Commission cannot 
guarantee that it will be able to do so.

II. Data

    Title: Indian Gaming Compliance and Enforcement.
    OMB Control Number: 3141-0001.
    Brief Description of Collection: The Indian Gaming Regulatory Act 
(IGRA or the Act), 25 U.S.C. 2701 et seq., governs the regulation of 
gaming on Indian lands. Although IGRA places primary responsibility 
with the tribes for regulating their Class II gaming activities, Sec.  
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 Class II 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). In 
accordance with these statutory mandates, Commission regulations 
require Indian gaming operations to keep and maintain permanent 
financial records, and to submit to the Commission independent audits 
of their gaming operations on an annual basis. This information 
collection is mandatory and allows the Commission to fulfill its 
statutory responsibilities under IGRA to regulate Class II gaming on 
Indian lands.
    Respondents: Indian tribal gaming operations.
    Estimated Number of Respondents: 1268.
    Estimated Annual Responses: 1268.
    Estimated Time per Response: Depending on the type of information 
collection, the range of time can vary from 20.5 burden hours to 
1506.75 burden hours for one item.
    Frequency of Responses: 1 per year.
    Estimated Total Annual Burden Hours on Respondents: 1,065,955.5.
    Estimated Total Non-hour Cost Burden: $50,665,016.
    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. Section 2705(a)(3) 
requires the NIGC Chair to review all Class II and Class III tribal 
gaming ordinances. In accordance with this statutory provision, 
Commission regulations require tribes to submit: (i) A copy of the 
gaming ordinance, or amendment thereof, to be approved, including a 
copy of the authorizing resolution by which it was enacted by the 
tribal government, and a request for approval of the ordinance or 
resolution; (ii) designation of an agent for service of process; (iii) 
a description of procedures the tribe will employ in conducting 
background investigations on primary management officials (PMOs) and 
key employees; (iv) a description of procedures the tribe will use to 
issue licenses to PMOs and key employees; (v) copies of all gaming 
regulations; (vi) a copy of any applicable tribal-state compact; (vii) 
a description of dispute resolution procedures for disputes arising 
between the gaming public and the tribe or management contractor; and 
(viii) identification of the law enforcement agency that will take 
fingerprints and a description of the procedures for conducting 
criminal history checks. The Commission also requires a tribal 
ordinance to provide that the tribe will perform background 
investigations and issue licenses for PMOs and key employees according 
to requirements that are as stringent as those contained in Commission 
regulations. The NIGC Chair will use the information collected to 
approve or disapprove the ordinance or amendment thereof.
    Commission regulations also require tribes to perform background 
investigations and issue licenses for PMOs and key employees using 
certain information provided by applicants, such as names, addresses, 
previous employment records, previous relationships with either Indian 
tribes or the gaming industry, licensing related to those 
relationships, any convictions, and any other information that a tribe 
feels is relevant to the employment of the individuals being 
investigated. Tribes are then required to keep complete application 
files. Tribes are also required to create and keep investigative 
reports, and to submit to the Commission notices of results (licensing 
eligibility determinations) on PMOs and key employees. Tribes must 
notify the Commission if they issue or do not issue licenses to PMOs 
and key employees, and if they revoke said licenses. The Commission 
uses this information to review the eligibility and suitability 
determinations that tribes make and advises them if it disagrees with 
any particular determination. These information collections are 
mandatory and allow the Commission to carry out its statutory duties.
    Respondents: Indian tribal gaming operations.
    Estimated Number of Respondents: 1,580.

[[Page 40768]]

    Estimated Annual Responses: 193,751.
    Estimated Time per Response: Depending on the type of information 
collection, the range of time can vary from 1.0 burden hour to 1,419 
burden hours for one item.
    Frequency of Response: Varies.
    Estimated Total Annual Burden Hours on Respondents: 1,392,450.
    Estimated Total Non-hour Cost Burden: $3,334,176.
    Title: NEPA Compliance.
    OMB Control Number: 3141-0006.
    Brief Description of Collection: The National Environmental Policy 
Act (NEPA) requires federal agencies to analyze proposed major federal 
actions that significantly affect the quality of the human environment. 
The Commission has identified one type of action that it undertakes 
that requires review under NEPA--approving third-party management 
contracts for the operation of gaming activity under IGRA. Depending on 
the nature of the subject contract and other circumstances, approval of 
such management contracts may be categorically excluded from NEPA, may 
require the preparation of an Environmental Assessment (EA), or may 
require the preparation of an Environmental Impact Statement (EIS). In 
any case, the proponents of a management contract will be expected to 
submit information to the Commission and assist in the development of 
the required NEPA documentation.
    Respondents: Tribal governing bodies, management companies.
    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 2.5 burden hours to 
12.0 burden hours for one item.
    Frequency of Response: Varies.
    Estimated Total Annual Burden Hours on Respondents: 26.5.
    Estimated Total Non-hour Cost Burden: $14,846,686.
    Title: Issuance of Certificates of Self-Regulation to Tribes for 
Class II Gaming.
    OMB Control Number: 3141-0008.
    Brief Description of Collection: The Act allows any Indian tribe 
that has conducted Class II gaming for at least three years to petition 
the Commission for a certificate of self-regulation for its Class II 
gaming operation(s). The Commission will issue the certificate if it 
determines that the tribe has conducted its gaming activities in a 
manner that has: Resulted in an effective and honest accounting of all 
revenues; a reputation for safe, fair, and honest operation of the 
gaming activities; and an enterprise free of evidence of criminal or 
dishonest activity. The tribe must also have adopted and implemented 
proper accounting, licensing, and enforcement systems, and conducted 
the gaming operation on a fiscally or economically sound basis. 
Commission regulations require a tribe interested in receiving a 
certificate to file with the Commission a petition generally describing 
the tribe's gaming operations, its regulatory process, its uses of net 
gaming revenue, and its accounting and recordkeeping systems. The tribe 
must also provide copies of various documents in support of the 
petition. Tribes who have been issued a certificate of self-regulation 
are required to submit to the Commission certain information on an 
annual basis, including information that establishes that the tribe 
continuously meets the regulatory eligibility and approval requirements 
and supporting documentation that explains how tribal gaming revenues 
were used in accordance with the requirements in 25 U.S.C. 
2710(b)(2)(B). Submission of the petition and supporting documentation 
is voluntary. The Commission will use the information submitted by the 
tribe in determining whether to issue the certificate of self-
regulation. Once a certificate of self-regulation has been issued, the 
submission of certain other information is mandatory.
    Respondents: Tribal governments.
    Estimated Number of Respondents: 8.
    Estimated Annual Responses: 64.
    Estimated Time per Response: Depending on the information 
collection, the range of time can vary from 0.75 burden hour to 1,940 
burden hours for one item.
    Frequency of Responses: Varies.
    Estimated Total Annual Burden Hours on Respondents: 4,130.
    Estimated Total Non-hour Cost Burden: $172,450.

    Dated: July 1, 2013.
Christinia J. Thomas,
Deputy Chief of Staff.
[FR Doc. 2013-16179 Filed 7-5-13; 8:45 am]
BILLING CODE 7565-01-P