[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Notices]
[Page 14091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03773]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission


Agency Information Collection Activities; New Collection: 
Information Management Standard Assessment Questionnaires

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Second Notice of New Information Collection; request for 
comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
the National Indian Gaming Commission (NIGC or Commission) is providing 
notice that it is requesting, concurrently with the publication of this 
notice or soon thereafter, for the Office of Management and Budget 
(OMB) to review and approve a new information collection.

DATES: The OMB has up to 60 days to approve or disapprove information 
collection requests, but may respond after 30 days. Therefore, public 
comments should be submitted to OMB by no later than March 27, 2024, 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 New 
Collection'' in the subject line.

FOR FURTHER INFORMATION CONTACT: For further information, including 
copies of the proposed collections of information and supporting 
documentation, contact Tim Osumi by email at [email protected], or by 
telephone at (771) 220-3592; or by fax at (202) 632-7066 (not toll-free 
numbers). You may also review these information collection requests by 
going to <https://www.reginfo.gov> (Information Collection Review, 
Currently Under Review, Agency: National Indian Gaming Commission).

SUPPLEMENTARY INFORMATION:

I. Background

    The Indian Gaming Regulatory Act (IGRA), Public Law 100-497, 25 
U.S.C. 2701, et seq., was signed into law on October 17, 1988. The IGRA 
established the National Indian Gaming Commission (NIGC) and outlined a 
comprehensive framework for the regulation of gaming on Indian lands. 
Among the IGRA's requirements is that persons who apply for a ``key 
employee'' (KE) or ``primary management official'' (PMO) position at a 
tribal gaming operation must undergo a background investigation ((Sec.  
2710(b)(2)(F)(i)). Similarly, the IGRA requires that persons who have 
direct or indirect financial interest in, or management responsibility 
for, a tribal gaming management contract, must undergo a background 
investigation and be evaluated for suitability as part of the NIGC's 
management contract review process ((Sec.  2711(a), (e)(1)(D)). In 
keeping with these background investigative statutory requirements, 
NIGC regulations 25 CFR 522.2(g), 25 CFR 556.4(a)(14), and 25 CFR 
537.1(b)(2) stipulate that prospective KEs/PMOs and management 
contractors must submit their fingerprints to the Federal Bureau of 
Investigations (FBI) and undergo a criminal history record information 
(CHRI) check.
    Although CHRI checks are integral to the tribal KE/PMO applicant 
licensing process, tribes do not possess the necessary statutory 
authority to directly access FBI CHRI for this purpose. The NIGC, as a 
Federal agency empowered under the IGRA to access CHRI (Sec. Sec.  
2706(b)(3) & (7), 2708), accepts tribal fingerprint submissions and 
transmits them to the FBI for this purpose. In return, the FBI provides 
CHRI check results to the NIGC and the NIGC shares these results with 
the requesting tribe. In this process, the NIGC assumes the role of a 
CJIS (Criminal Justice Information Services) Systems Agency (CSA), a 
duly authorized agency on the CJIS network that provides service to 
criminal justice users with respect to the criminal justice information 
(from the various systems managed by the Federal Bureau of 
Investigations (FBI) CJIS Division.
    The roles and responsibilities under which the NIGC, FBI, and 
tribes process CHRI checks are memorialized in Memoranda of 
Understanding between the FBI and the NIGC and between the NIGC and 
each requesting tribe. One such responsibility is to monitor the 
dissemination of CHRI to ensure FBI-compliant privacy and security 
standards are followed. This responsibility is detailed in FBI CJIS 
Security Policy, Policy Area 11 (CJISSECPOL 5.11.2) which specifies 
that the NIGC, as a CSA, is required to establish a process to 
periodically audit tribes that receive CHRI to ensure compliance with 
applicable statutes, regulations and policies. To fulfill this 
obligation, the NIGC has established a CJIS Audit Unit (CAU), which is 
tasked with coordinating with tribal authorities to ensure that NIGC-
disseminated CHRI is handled and managed in accordance with applicable 
statutes, regulations, and policies.
    In performing its oversight duties, the CAU will deploy 
questionnaires to gather information. This information will be used to 
assess and document tribal compliance with privacy and security 
standards and will enable the CAU to identify information management 
risk factors that may require remediation. Responding to this 
information collection is voluntary, however, failure to collect this 
information may impair the NIGC's ability to fulfill its obligations 
under its MOUs with the FBI and its tribal partners. Indeed, this 
information collection is a vital tool for the NIGC CAU to perform its 
function and helps to ensure that the NIGC can continue to support the 
successful tribal operation of tribal gaming under the IGRA.

II. Data

    Title: Information Management Standard Assessment Questionnaires.
    OMB Control Number: 3141-xxxx.
    Brief Description of Collection:
    The collection involves questions that seek information about 
tribal security and privacy protections governing the processing, 
handling, and storing of NIGC-disseminated CHRI. The questions closely 
track the FBI's standard CJIS compliance questionnaires but have been 
streamlined and adapted to tribal specific standards. The information 
collected is related to information policies, procedures, and system 
configurations and includes some type and amount of measurable evidence 
that confirms their proper implementation.
    Respondents: Indian tribal gaming operations.
    Estimated Number of Annual Respondents: 140.
    Estimated Number of Annual Responses: 140.
    Estimated Time per Response: 37.5 minutes.
    Frequency of Responses: Annually.
    Estimated Total Annual Burden Hours on Respondents: 87.5.
    Estimated Total Non-hour Cost Burden: $0.

Edward Simermeyer,
Chairman.
[FR Doc. 2024-03773 Filed 2-23-24; 8:45 am]
BILLING CODE 7565-01-P