[Federal Register Volume 78, Number 178 (Friday, September 13, 2013)]
[Notices]
[Pages 56732-56733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22260]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission


Submission of Information Collection Extensions Under the 
Paperwork Reduction Act

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Second notice of request for comments.

-----------------------------------------------------------------------

SUMMARY: Concurrently with the publication of this second notice of 
request for comments, the National Indian Gaming Commission (NIGC or 
Commission) intends to submit the following information collections to 
the Office of Management and Budget (OMB) for review and approval of 3-
year extensions under the Paperwork Reduction Act of 1995.
    The 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 OMB Control Number 3141-0001; (ii) tribal gaming 
ordinance approvals, background investigations, and issuance of 
licenses as authorized by OMB Control Number 3141-0003; (iii) National 
Environmental Policy Act 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 October 15, 2013.

ADDRESSES: Comments can be mailed directly to OMB's Office of 
Information and Regulatory Affairs, Attn: Stuart Levenbach, Ph.D., 
Policy Analyst/Desk Officer for the National Indian Gaming Commission, 
725 17th Street NW., Washington, DC 20503. Comments can also be emailed 
to [email protected], 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 Armando J. Acosta at (202) 632-7003; fax (202) 
632-7066 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

I. Request for Comments

    The Commission previously published its first notice of request for 
comments and of its intent to submit the following information 
collection renewals to OMB for approval. See 78 FR 40766 (July 8, 
2013). The Commission did not receive any comments in response to that 
notice.
    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. 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.
    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.

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 
1,506.75 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

[[Page 56733]]

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.
    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 taken the position that approving third-party 
management contracts for the operation of gaming activity under IGRA 
requires review under NEPA. Depending on the nature of the subject 
contract and other circumstances, approval of such management contracts 
may require the preparation of an Environmental Assessment (EA), or 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: September 9, 2013.
Christinia J. Thomas,
Deputy Chief of Staff.
[FR Doc. 2013-22260 Filed 9-12-13; 8:45 am]
BILLING CODE 7565-01-P