[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Notices]
[Pages 46966-46968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20130]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission


Submission of Information Collections Under the Paperwork 
Reduction Act

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Second notice and 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 announcing 
its submission, concurrently with the publication of this notice or 
soon thereafter, of the following information collection requests to 
the Office of Management and Budget (OMB) for review and approval.
    The Commission is seeking comments on the renewal of information 
collections for the following activities: (i) Indian gaming management 
contract-related submissions, as authorized by OMB Control Number 3141-
0004 (expires on November 30, 2018); (ii) Indian gaming fee payments-
related submissions, as authorized by OMB Control Number 3141-0007 
(expires on November 30, 2018); (iii) minimum internal control 
standards for class II gaming submission and recordkeeping 
requirements, as authorized by OMB Control Number 3141-0009 (expires on 
November 30, 2018); (iv) facility license-related submission and 
recordkeeping requirements, as authorized by OMB Control Number 3141-
0012 (expires on November 30, 2018); and (v) minimum technical 
standards for class II gaming systems and equipment submission and 
recordkeeping requirements, as authorized by OMB Control Number 3141-
0014 (expires on November 30, 2018).

DATES: The OMB has up to 60 days to approve or disapprove the 
information collection requests, but may respond after 30 days. 
Therefore, public comments should be submitted to OMB by October 17, 
2018 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 
[email protected], include reference to ``NIGC PRA Renewals'' 
in the subject line.

FOR FURTHER INFORMATION CONTACT: For further information, including 
copies of the proposed information collection requests and supporting 
documentation, contact Tim Osumi at (202) 632-7003; fax (202) 632-7066 
(not toll-free numbers). You may also review these information 
collection requests by going to http://www.reginfo.gov (Information 
Collection Review, Currently Under Review, Agency: National Indian 
Gaming Commission).

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The gathering of this information is in keeping with the purposes 
of the Indian Gaming Regulatory Act of 1988 (IGRA or the Act), Public 
Law 100-497, 25 U.S.C. 2701, et seq., which include: Providing a 
statutory basis for the operation of gaming by Indian tribes as a means 
of promoting tribal economic development, self-sufficiency, and strong 
tribal governments; ensuring that the Indian tribe is the primary 
beneficiary of the gaming operation; and declaring that the 
establishment of independent federal regulatory authority for gaming on 
Indian lands, the establishment of federal standards for gaming on 
Indian lands, and the establishment of the Commission are necessary to 
meet congressional concerns regarding gaming and to protect such gaming 
as a means of

[[Page 46967]]

generating tribal revenue. 25 U.S.C. 2702. The Act established the 
Commission and laid out a comprehensive framework for the regulation of 
gaming on Indian lands.

II. Data

    Title: Management Contract Provisions.
    OMB Control Number: 3141-0004.
    Brief Description of Collection: Amongst other actions necessary to 
carry out the Commission's statutory duties, the Act requires the NIGC 
Chairman to review and approve all management contracts for the 
operation and management of class II and/or class III gaming 
activities, and to conduct background investigations of persons with 
direct or indirect financial interests in, and management 
responsibility for, management contracts. 25 U.S.C. 2710, 2711. The 
Commission is authorized to ``promulgate such regulations and 
guidelines as it deems appropriate to implement'' IGRA. 25 U.S.C. 
2706(b)(10). The Commission has promulgated parts 533, 535, and 537 of 
title 25, Code of Federal Regulations, to implement these statutory 
requirements.
    Section 533.2 requires a tribe or management contractor to submit a 
management contract for review within 60 days of execution, and to 
submit all of the items specified in Sec.  533.3. Section 535.1 
requires a tribe to submit an amendment to a management contract within 
30 days of execution, and to submit all of the items specified in Sec.  
535.1(c). Section 535.2 requires a tribe or a management contractor, 
upon execution, to submit the assignment by a management contractor of 
its rights under a previously approved management contract. Section 
537.1 requires a management contractor to submit all of the items 
specified in Sec.  537.1(b), (c) in order for the Commission to conduct 
background investigations on: Each person with management 
responsibility for a management contract; each person who is a director 
of a corporation that is a party to a management contract; the ten 
persons who have the greatest direct or indirect financial interest in 
a management contract; any entity with a financial interest in a 
management contract; and any other person with a direct or indirect 
financial interest in a management contract, as otherwise designated by 
the Commission. This collection is mandatory, and the benefit to the 
respondents is the approval of Indian gaming management contracts, and 
any amendments thereto.
    Respondents: Tribal governing bodies and management contractors.
    Estimated Annual Responses: 51 (submissions of contracts, contract 
amendments, contract assignments, and background investigation 
material).
    Estimated Time per Response: Depending on the type of submission, 
the range of time can vary from 8 burden hours to 14 burden hours for 
one item.
    Frequency of Response: Usually no more than once per year.
    Estimated Total Annual Burden Hours on Respondents: 440.
    Estimated Total Non-Hour Cost Burden: $379,480.
    Title: Fees.
    OMB Control Number: 3141-0007.
    Brief Description of Collection: Amongst other actions necessary to 
carry out the Commission's statutory duties, the Act requires Indian 
tribes that conduct a class II and/or class III gaming activity to pay 
annual fees to the Commission on the basis of the assessable gross 
revenues of each gaming operation using rates established by the 
Commission. 25 U.S.C. 2717. The Commission is authorized to 
``promulgate such regulations and guidelines as it deems appropriate to 
implement'' IGRA. 25 U.S.C. 2706(b)(10). The Commission has promulgated 
part 514 of title 25, Code of Federal Regulations, to implement these 
statutory requirements.
    Section 514.6 requires a tribe to submit, along with its fee 
payments, quarterly fee statements (worksheets) showing its assessable 
gross revenues for the previous fiscal year in order to support the 
computation of fees paid by each gaming operation. Section 514.7 
requires a tribe to submit a notice within 30 days after a gaming 
operation changes its fiscal year. Section 514.15 allows a tribe to 
submit fingerprint cards to the Commission for processing by the 
Federal Bureau of Investigation (FBI), along with a fee to cover the 
NIGC's and FBI's respective costs to process the fingerprint cards on 
behalf of the tribes. Part of this collection is mandatory and the 
other part is voluntary. The required submission of the fee worksheets 
allows the Commission to both set and adjust fee rates, and to support 
the computation of fees paid by each gaming operation. In addition, the 
voluntary submission of fingerprint cards allows a tribe to conduct 
statutorily mandated background investigations on applicants for key 
employee and primary management official positions.
    Respondents: Indian gaming operations.
    Estimated Number of Respondents: 664.
    Estimated Annual Responses: 74,706.
    Estimated Time per Response: Depending on the type of submission, 
the range of time can vary from 0.5 burden hours to 2.0 burden hours 
for one item.
    Frequency of Response: Quarterly (for fee worksheets); varies (for 
fingerprint cards and fiscal year change notices).
    Estimated Total Annual Burden on Respondents: 47,498.
    Estimated Total Non-Hour Cost Burden: $1,312,857.
    Title: Minimum Internal Control Standards for Class II Gaming.
    OMB Control Number: 3141-0009.
    Brief Description of Collection: Amongst other actions necessary to 
carry out the Commission's statutory duties, the Act directs the 
Commission to monitor class II gaming conducted on Indian lands on a 
continuing basis in order to adequately shield Indian gaming from 
organized crime and other corrupting influences, to ensure that the 
Indian tribe is the primary beneficiary of the gaming operation, and to 
assure that gaming is conducted fairly and honestly by both the 
operator and players. 25 U.S.C. 2702(2), 2706(b)(1). The Commission is 
also authorized to ``promulgate such regulations and guidelines as it 
deems appropriate to implement'' IGRA. 25 U.S.C. 2706(b)(10). The 
Commission has promulgated part 543 of title 25, Code of Federal 
Regulations, to aid it in monitoring class II gaming on a continuing 
basis.
    Section 543.3 requires a tribal gaming regulatory authority (TGRA) 
to submit to the Commission a notice requesting an extension to the 
deadline (by an additional six months) to achieve compliance with the 
requirements of the new tier after a gaming operation has moved from 
one tier to another. Section 543.5 requires a TGRA to submit a detailed 
report after the TGRA has approved an alternate standard to any of the 
NIGC's minimum internal control standards, and the report must contain 
all of the items specified in Sec.  543.5(a)(2). Section 543.23(c) 
requires a tribe to maintain internal audit reports and to make such 
reports available to the Commission upon request. Section 543.23(d) 
requires a tribe to submit two copies of the agreed-upon procedures 
(AUP) report within 120 days of the gaming operation's fiscal year end. 
This collection is mandatory and allows the NIGC to confirm tribal 
compliance with the minimum internal control standards in the AUP 
reports.
    Respondents: Tribal governing bodies.
    Estimated Number of Respondents: 424.
    Estimated Annual Responses: 798.

[[Page 46968]]

    Estimated Time per Response: Depending on the tier level of the 
gaming facility, the range of time can vary from 1 burden hour to 108 
burden hours for one AUP audit report.
    Frequency of Response: Annually.
    Estimated Total Annual Hourly Burden to Respondents: 8,467.
    Estimated Total Non-Hour Cost Burden: $8,359,234.
    Title: Facility License Notifications and Submissions.
    OMB Control Number: 3141-0012.
    Brief Description of Collection: Amongst other actions necessary to 
carry out the Commission's statutory duties, the Act requires Indian 
tribes that conduct class II and/or class III gaming to issue ``a 
separate license . . . for each place, facility, or location on Indian 
lands at which class II [and class III] gaming is conducted,'' 25 
U.S.C. 2710(b)(1), (d)(1), and to ensure that ``the construction and 
maintenance of the gaming facilities, and the operation of that gaming 
is conducted in a manner which adequately protects the environment and 
public health and safety.'' 25 U.S.C. 2710(b)(2)(E). The Commission is 
authorized to ``promulgate such regulations and guidelines as it deems 
appropriate to implement'' IGRA. 25 U.S.C. 2706(b)(10). The Commission 
has promulgated part 559 of title 25, Code of Federal Regulations, to 
implement these requirements.
    Section 559.2 requires a tribe to submit a notice (that a facility 
license is under consideration for issuance) at least 120 days before 
opening any new facility on Indian lands where class II and/or class 
III gaming will occur, with the notice containing all of the items 
specified in Sec.  559.2(b). Section 559.3 requires a tribe to submit a 
copy of each newly issued or renewed facility license within 30 days of 
issuance. Section 559.4 requires a tribe to submit an attestation 
certifying that by issuing the facility license, the tribe has 
determined that the construction, maintenance, and operation of that 
gaming facility is conducted in a manner that adequately protects the 
environment and the public health and safety. Section 559.5 requires a 
tribe to submit a notice within 30 days if a facility license is 
terminated or expires or if a gaming operation closes or reopens. 
Section 559.6 requires a tribe to maintain and provide applicable and 
available Indian lands or environmental and public health and safety 
documentation, if requested by the NIGC. This collection is mandatory 
and enables the Commission to perform its statutory duty by ensuring 
that tribal gaming facilities on Indian lands are properly licensed by 
the tribes.
    Respondents: Indian tribal gaming operations.
    Estimated Annual Respondents: 544.
    Estimated Annual Responses: 847.
    Estimated Time per Response: Depending on the type of submission, 
the range of time can vary from 0.5 burden hours to 22.0 burden hours 
for one item.
    Frequency of Response: Varies.
    Estimated Total Annual Hourly Burden to Respondents: 4,351.
    Estimated Total Non-Hour Cost Burden: $0.
    Title: Minimum Technical Standards for Class II Gaming Systems and 
Equipment.
    OMB Control Number: 3141-0014.
    Brief Description of Collection: Amongst other actions necessary to 
carry out the Commission's statutory duties, the Act directs the 
Commission to monitor class II gaming conducted on Indian lands on a 
continuing basis in order to adequately shield Indian gaming from 
organized crime and other corrupting influences, to ensure that the 
Indian tribe is the primary beneficiary of the gaming operation, and to 
assure that gaming is conducted fairly and honestly by both the 
operator and players. 25 U.S.C. 2702(2), 2706(b)(1). The Act allows 
Indian tribes to use ``electronic, computer, or other technologic 
aids'' to conduct class II gaming activities. 25 U.S.C. 2703(7)(A). The 
Commission is authorized to ``promulgate such regulations and 
guidelines as it deems appropriate to implement'' IGRA. 25 U.S.C. 
2706(b)(10). The Commission has promulgated part 547 of title 25, Code 
of Federal Regulations, to aid it in monitoring class II gaming 
facilities that are using electronic, computer, or other technologic 
aids to conduct class II gaming.
    Section 547.5(a)(2) requires that, for any grandfathered class II 
gaming system made available for use at any tribal gaming operation, 
the tribal gaming regulatory authority (TGRA): Must retain copies of 
the gaming system's testing laboratory report, the TGRA's compliance 
certificate, and the TGRA's approval of its use; and must maintain 
records identifying these grandfathered class II gaming systems and 
their components. Section 547.5(b)(2) requires that, for any class II 
gaming system generally, the TGRA must retain a copy of the system's 
testing laboratory report, and maintain records identifying the system 
and its components. As long as a class II gaming system is available to 
the public for play, section 547.5(c)(3) requires a TGRA to maintain 
records of any modification to such gaming system and a copy of its 
testing laboratory report. Section 547.5(d)(3) requires a TGRA to 
maintain records of approved emergency hardware and software 
modifications to a class II gaming system (and a copy of the testing 
laboratory report) so long as the gaming system remains available to 
the public for play, and must make the records available to the 
Commission upon request. Section 547.5(f) requires a TGRA to maintain 
records of its following determinations: (i) Regarding a testing 
laboratory's (that is owned or operated or affiliated with a tribe) 
independence from the manufacturer and gaming operator for whom it is 
providing the testing, evaluating, and reporting functions; (ii) 
regarding a testing laboratory's suitability determination based upon 
standards no less stringent than those set out in 25 CFR 
533.6(b)(1)(ii) through (v) and based upon no less information than 
that required by 25 CFR 537.1; and/or (iii) the TGRA's acceptance of a 
testing laboratory's suitability determination made by any other gaming 
regulatory authority in the United States. The TGRA must maintain said 
records for a minimum of three years and must make the records 
available to the Commission upon request. Section 547.17 requires a 
TGRA to submit a detailed report for each enumerated standard for which 
the TGRA approves an alternate standard, and the report must include: 
(i) An explanation of how the alternate standard achieves a level of 
security and integrity sufficient to accomplish the purpose of the 
standard it is to replace; and (ii) the alternate standard as approved 
and the record on which the approval is based. This collection is 
mandatory and allows the NIGC to confirm tribal compliance with NIGC 
regulations on ``electronic, computer, or other technologic aids'' to 
conduct class II gaming activities.
    Respondents: Tribal governing bodies.
    Estimated Number of Respondents: 685.
    Estimated Annual Responses: 685.
    Estimated Time per Response: Depending on the type of submission, 
the range of time can vary from 1.0 burden hours to 16.0 burden hours 
for one item.
    Frequency of Response: Annually.
    Estimated Total Annual Hourly Burden to Respondents: 1,651.
    Estimated Total Non-Hour Cost Burden: $0.

    Dated: September 12, 2018.
Christinia Thomas,
Chief of Staff (Acting).
[FR Doc. 2018-20130 Filed 9-14-18; 8:45 am]
BILLING CODE 7565-01-P