80 FR 54586 - Submission of Information Collections Under the Paperwork Reduction Act
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission Federal Register Volume 80, Issue 175 (September 10, 2015)
National Indian Gaming Commission
Federal Register Volume 80, Issue 175 (September 10, 2015)
| Page Range | 54586-54589 | |
| FR Document | 2015-22847 |
[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)] [Notices] [Pages 54586-54589] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-22847] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 submission requirements, as authorized by OMB Control Number 3141-0004 (expires on October 31, 2015); (ii) Indian gaming fee payment-related submission requirements, as authorized by OMB Control Number 3141-0007 (expires on November 30, 2015); (iii) minimum internal control standards for class II gaming submission and recordkeeping requirements, as authorized by OMB Control Number 3141-0009 (expires on October 31, 2015); (iv) facility license-related submission and recordkeeping requirements, as authorized by OMB Control Number 3141- 0012 (expires on October 31, 2015); 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, 2015). In addition, the Commission is seeking comments on its request for a new information collection, i.e., voluntary stakeholder surveys to be conducted by the NIGC in order to gather tribal stakeholder feedback on services, trainings, and/or technical assistance that the NIGC provides to gaming tribes. 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 13, 2015 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 Armando J. Acosta 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 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 [[Page 54587]] 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 Number of Respondents: 20. Estimated Annual Responses: 43 (submissions of contracts, contract amendments, contract assignments, and background investigation material). Estimated Time per Response: Depending on the type of collection, the range of time can vary from 10.0 burden hours to 20.0 burden hours for one item. Frequency of Response: Varies; usually no more than once per year. Estimated Total Annual Burden Hours on Respondents: 692. Estimated Total Non-hour Cost Burden: $500,000. 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 costs to process the fingerprint cards on behalf of the tribes. Parts of this collection are 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: 651. Estimated Annual Responses: 71,375. Estimated Time per Response: Depending on the type of collection, 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: 38,292.5. Estimated Total Non-hour Cost Burden: $1,467,585. 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 ensure that the Indian tribe is the primary beneficiary of the gaming operation and to protect such gaming as a means of generating tribal revenue, 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: 466. Estimated Annual Responses: 834. Estimated Time per Response: Depending on the type of collection, the range of time can vary from 1.0 burden hours to 108.0 burden hours for one item. Frequency of Response: Varies. Estimated Total Annual Hourly Burden to Respondents: 11,340. Estimated Total Non-hour Cost Burden: $8,736,040. 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 [[Page 54588]] expires or if a gaming operation closes or reopens. Section 559.6 requires a tribe to maintain applicable and available Indian lands or environmental and public health and safety documentation, and provide that 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 Number of Respondents: 110. Estimated Annual Responses: 269. Estimated Time per Response: Depending on the type of collection, the range of time can vary from 0.5 burden hours to 13.0 burden hours for one item. Frequency of Response: Varies. Estimated Total Annual Hourly Burden to Respondents: 2,232. Estimated Total Non-hour Cost Burden: $6,663. 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 ensure that the Indian tribe is the primary beneficiary of the gaming operation and to protect such gaming as a means of generating tribal revenue, 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(b)(2) requires a tribal gaming regulatory authority (TGRA) to submit a notice regarding a grandfathered class II gaming system's approval. Section 547.5(b)(5) requires a TGRA to maintain records of approved modifications that affect the play of a grandfathered class II gaming system, and must make the records available to the Commission upon request. 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 contain the items identified in Sec. 547.17(a)(2). 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: 492. Estimated Annual Responses: 500. Estimated Time per Response: Depending on the type of collection, the range of time can vary from 2.0 burden hours to 6.0 burden hours for one item. Frequency of Response: Annually. Estimated Total Annual Hourly Burden to Respondents: 2,456. Estimated Total Non-hour Cost Burden: $0. Title: Voluntary NIGC Stakeholder Satisfaction Surveys. OMB Control Number: 3141-__. Brief Description of Collection: Amongst other actions necessary to carry out the Commission's statutory duties, the Act directs the Commission to provide trainings and technical assistance to tribal gaming operations regulated by IGRA. 25 U.S.C. 2706(d)(2). The Commission is requesting a new clearance to conduct voluntary stakeholder surveys in order to: (i) Determine the stakeholders' satisfaction with the level(s) of service, trainings, and/or technical assistance provided by the Commission; (ii) identify any perceived weaknesses in those services, trainings, and/or technical assistance; (iii) seek any other information on the service, training, and/or technical assistance received; (iv) seek suggestions on improving the product or its format; and (v) seek suggestions for other services, trainings, and/or technical assistance. This new collection will be voluntary and the information gleaned from these surveys will be used to help direct service, training, and/or technical assistance improvement efforts, and to assist the Commission in better identifying the needs of its stakeholders. The Commission will take precautions to ensure that the respondents are aware that they are not under any risk for not responding or for the content of their responses. Respondents: Tribal governing bodies. Average Expected Annual Number of Stakeholder Satisfaction Surveys: 2. Respondents: 242. Annual Responses: 484. Frequency of Response: Once per survey (average of 15 minutes per response). Burden Hours: 121. Estimated Total Non-hour Cost Burden: $0. III. Request for Comments Regulations at 5 CFR part 1320, which implement provisions of the Paperwork Reduction Act, require that interested members of the public have an opportunity to comment on an agency's information collection and recordkeeping activities. See 5 CFR 1320.8(d)). To comply with the public consultation process, the Commission previously published its 60-day notice and request for comments and of its intent to submit the above-mentioned information collection requests to OMB for approval. See 80 FR 32176 (June 5, 2015). The Commission did not receive any comments in response to that notice and request for comments. The Commission will submit the preceding requests to OMB to renew its approval of the information collections and to approve its request for a new information collection to conduct voluntary stakeholder satisfaction surveys. The Commission is requesting a three-year term of approval for each of these information collection and recordkeeping activities. You are again invited to comment on these collections in order for the Commission to: (i) Evaluate whether the proposed information collection is necessary for the agency to perform its duties, including whether the [[Page 54589]] information is useful; (ii) evaluate the accuracy of the agency's estimate of the burden of the proposed information collection; (iii) enhance the quality, usefulness, and clarity of the information to be collected; and (iv) minimize the burden on the respondents, including the use of automated collection techniques or other forms of information technology. It should be noted that as a result of the Commission reviewing its own records that track the number of tribal and/or management contractor submissions and after surveying tribal gaming operators, TGRAs, and management contractors regarding the Commission's submission and recordkeeping requirements, many of the previously published burden estimates have changed since the publication of the Commission's 60-day notice on June 5, 2015. If you wish to comment in response to this notice, you may send your comments to the office listed under the ADDRESSES section of this notice by October 13, 2015. 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. Dated: September 4, 2015. Shannon O'Loughlin, Chief of Staff. [FR Doc. 2015-22847 Filed 9-9-15; 8:45 am] BILLING CODE 7565-01-P
![54586 Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices
The parcel, if not sold by modified- related submission requirements, as strong tribal governments; ensuring that
competitive, sealed-bid sale, may be authorized by OMB Control Number the Indian tribe is the primary
identified for sale later without further 3141–0007 (expires on November 30, beneficiary of the gaming operation; and
legal notice. 2015); (iii) minimum internal control declaring that the establishment of
It is the bidder’s responsibility to be standards for class II gaming submission independent federal regulatory
aware of all applicable Federal, State, and recordkeeping requirements, as authority for gaming on Indian lands,
and local government laws, regulations authorized by OMB Control Number the establishment of federal standards
and policies that may affect the subject 3141–0009 (expires on October 31, for gaming on Indian lands, and the
lands, including any required 2015); (iv) facility license-related establishment of the Commission are
dedication of lands for public uses. It is submission and recordkeeping necessary to meet congressional
the bidder’s responsibility to be aware requirements, as authorized by OMB concerns regarding gaming and to
of existing or prospective uses of nearby Control Number 3141–0012 (expires on protect such gaming as a means of
properties. When conveyed out of October 31, 2015); and (v) minimum generating tribal revenue. 25 U.S.C.
Federal ownership, the lands will be technical standards for class II gaming 2702. The Act established the
subject to any applicable laws, systems and equipment submission and Commission and laid out a
regulations, and policies of the recordkeeping requirements, as comprehensive framework for the
applicable local government for authorized by OMB Control Number regulation of gaming on Indian lands.
proposed future uses. It will be the 3141–0014 (expires on November 30,
II. Data
responsibility of the purchaser to be 2015).
aware of those laws, regulations, and In addition, the Commission is Title: Management Contract
policies, and to seek any required local seeking comments on its request for a Provisions.
approvals for future uses. Bidders new information collection, i.e., OMB Control Number: 3141–0004.
should also make themselves aware of voluntary stakeholder surveys to be Brief Description of Collection:
any Federal or State law or regulation conducted by the NIGC in order to Amongst other actions necessary to
that may affect the future use of the gather tribal stakeholder feedback on carry out the Commission’s statutory
property. Any land lacking access from services, trainings, and/or technical duties, the Act requires the NIGC
a public road or highway will be assistance that the NIGC provides to Chairman to review and approve all
conveyed as such, and future access gaming tribes. management contracts for the operation
acquisition will be the responsibility of DATES: The OMB has up to 60 days to
and management of class II and/or class
the buyer. approve or disapprove the information III gaming activities, and to conduct
background investigations of persons
Authority: 43 CFR 2710 and 2711.1–2 (a) collection requests, but may respond
with direct or indirect financial interests
and (c) after 30 days. Therefore, public
in, and management responsibility for,
comments should be submitted to OMB
James K. Stovall, management contracts. 25 U.S.C. 2710,
by October 13, 2015 in order to be
Acting Deputy State Director, Lands and 2711. The Commission is authorized to
assured of consideration.
Resources. ‘‘promulgate such regulations and
ADDRESSES: Submit comments directly guidelines as it deems appropriate to
[FR Doc. 2015–22797 Filed 9–9–15; 8:45 am]
to OMB’s Office of Information and implement’’ IGRA. 25 U.S.C.
BILLING CODE 4310–FB–P
Regulatory Affairs, Attn: Policy Analyst/ 2706(b)(10). The Commission has
Desk Officer for the National Indian promulgated parts 533, 535, and 537 of
Gaming Commission. Comments can title 25, Code of Federal Regulations, to
DEPARTMENT OF THE INTERIOR
also be emailed to OIRA_Submission@ implement these statutory requirements.
National Indian Gaming Commission omb.eop.gov, include reference to Section 533.2 requires a tribe or
‘‘NIGC PRA Renewals’’ in the subject management contractor to submit a
Submission of Information Collections line. management contract for review within
Under the Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: For 60 days of execution, and to submit all
AGENCY: National Indian Gaming further information, including copies of of the items specified in § 533.3. Section
Commission, Interior. the proposed information collection 535.1 requires a tribe to submit an
requests and supporting documentation, amendment to a management contract
ACTION: Second notice and request for
contact Armando J. Acosta at (202) 632– within 30 days of execution, and to
comments.
7003; fax (202) 632–7066 (not toll-free submit all of the items specified in
SUMMARY: In compliance with the numbers). You may also review these § 535.1(c). Section 535.2 requires a tribe
Paperwork Reduction Act of 1995, the information collection requests by going or a management contractor, upon
National Indian Gaming Commission to http://www.reginfo.gov (Information execution, to submit the assignment by
(NIGC or Commission) is announcing its Collection Review, Currently Under a management contractor of its rights
submission, concurrently with the Review, Agency: National Indian under a previously approved
publication of this notice or soon Gaming Commission). management contract. Section 537.1
thereafter, of the following information SUPPLEMENTARY INFORMATION: requires a management contractor to
collection requests to the Office of submit all of the items specified in
Management and Budget (OMB) for I. Abstract § 537.1(b), (c) in order for the
review and approval. The gathering of this information is in Commission to conduct background
mstockstill on DSK4VPTVN1PROD with NOTICES
The Commission is seeking comments keeping with the purposes of the Indian investigations on: each person with
on the renewal of information Gaming Regulatory Act of 1988 (IGRA or management responsibility for a
collections for the following activities: the Act), Public Law 100–497, 25 U.S.C. management contract; each person who
(i) Indian gaming management contract- 2701, et seq., which include: Providing is a director of a corporation that is a
related submission requirements, as a statutory basis for the operation of party to a management contract; the ten
authorized by OMB Control Number gaming by Indian tribes as a means of persons who have the greatest direct or
3141–0004 (expires on October 31, promoting tribal economic indirect financial interest in a
2015); (ii) Indian gaming fee payment- development, self-sufficiency, and management contract; any entity with a
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financial interest in a management each gaming operation. In addition, the (AUP) report within 120 days of the
contract; and any other person with a voluntary submission of fingerprint gaming operation’s fiscal year end. This
direct or indirect financial interest in a cards allows a tribe to conduct collection is mandatory and allows the
management contract, as otherwise statutorily mandated background NIGC to confirm tribal compliance with
designated by the Commission. This investigations on applicants for key the minimum internal control standards
collection is mandatory, and the benefit employee and primary management in the AUP reports.
to the respondents is the approval of official positions. Respondents: Tribal governing bodies.
Indian gaming management contracts, Respondents: Indian gaming Estimated Number of Respondents:
and any amendments thereto. operations. 466.
Respondents: Tribal governing bodies Estimated Number of Respondents: Estimated Annual Responses: 834.
and management contractors. 651. Estimated Time per Response:
Estimated Number of Respondents: Estimated Annual Responses: 71,375. Depending on the type of collection, the
20. Estimated Time per Response: range of time can vary from 1.0 burden
Estimated Annual Responses: 43 Depending on the type of collection, the hours to 108.0 burden hours for one
(submissions of contracts, contract range of time can vary from 0.5 burden item.
amendments, contract assignments, and hours to 2.0 burden hours for one item. Frequency of Response: Varies.
background investigation material). Frequency of Response: Quarterly (for Estimated Total Annual Hourly
Estimated Time per Response:
fee worksheets); varies (for fingerprint Burden to Respondents: 11,340.
Depending on the type of collection, the
cards and fiscal year change notices). Estimated Total Non-hour Cost
range of time can vary from 10.0 burden
Estimated Total Annual Burden on Burden: $8,736,040.
hours to 20.0 burden hours for one item.
Frequency of Response: Varies; Respondents: 38,292.5. Title: Facility License Notifications
usually no more than once per year. Estimated Total Non-hour Cost and Submissions.
Estimated Total Annual Burden Burden: $1,467,585. OMB Control Number: 3141–0012.
Hours on Respondents: 692. Title: Minimum Internal Control Brief Description of Collection:
Estimated Total Non-hour Cost Standards for Class II Gaming. Amongst other actions necessary to
Burden: $500,000. OMB Control Number: 3141–0009. carry out the Commission’s statutory
Title: Fees. Brief Description of Collection: duties, the Act requires Indian tribes
OMB Control Number: 3141–0007. Amongst other actions necessary to that conduct class II and/or class III
Brief Description of Collection: carry out the Commission’s statutory gaming to issue ‘‘a separate license . . .
Amongst other actions necessary to duties, the Act directs the Commission for each place, facility, or location on
carry out the Commission’s statutory to monitor class II gaming conducted on Indian lands at which class II [and class
duties, the Act requires Indian tribes Indian lands on a continuing basis in III] gaming is conducted,’’ 25 U.S.C.
that conduct a class II and/or class III order to ensure that the Indian tribe is 2710(b)(1), (d)(1), and to ensure that
gaming activity to pay annual fees to the the primary beneficiary of the gaming ‘‘the construction and maintenance of
Commission on the basis of the operation and to protect such gaming as the gaming facilities, and the operation
assessable gross revenues of each a means of generating tribal revenue, of that gaming is conducted in a manner
gaming operation using rates established and to assure that gaming is conducted which adequately protects the
by the Commission. 25 U.S.C. 2717. The fairly and honestly by both the operator environment and public health and
Commission is authorized to and players. 25 U.S.C. 2702(2), safety.’’ 25 U.S.C. 2710(b)(2)(E). The
‘‘promulgate such regulations and 2706(b)(1). The Commission is also Commission is authorized to
guidelines as it deems appropriate to authorized to ‘‘promulgate such ‘‘promulgate such regulations and
implement’’ IGRA. 25 U.S.C. regulations and guidelines as it deems guidelines as it deems appropriate to
2706(b)(10). The Commission has appropriate to implement’’ IGRA. 25 implement’’ IGRA. 25 U.S.C.
promulgated part 514 of title 25, Code U.S.C. 2706(b)(10). The Commission has 2706(b)(10). The Commission has
of Federal Regulations, to implement promulgated part 543 of title 25, Code promulgated part 559 of title 25, Code
these statutory requirements. of Federal Regulations, to aid it in of Federal Regulations, to implement
Section 514.6 requires a tribe to monitoring class II gaming on a these requirements.
submit, along with its fee payments, continuing basis. Section 559.2 requires a tribe to
quarterly fee statements (worksheets) Section 543.3 requires a tribal gaming submit a notice (that a facility license is
showing its assessable gross revenues regulatory authority (TGRA) to submit under consideration for issuance) at
for the previous fiscal year in order to to the Commission a notice requesting least 120 days before opening any new
support the computation of fees paid by an extension to the deadline (by an facility on Indian lands where class II
each gaming operation. Section 514.7 additional six months) to achieve and/or class III gaming will occur, with
requires a tribe to submit a notice compliance with the requirements of the the notice containing all of the items
within 30 days after a gaming operation new tier after a gaming operation has specified in § 559.2(b). Section 559.3
changes its fiscal year. Section 514.15 moved from one tier to another. Section requires a tribe to submit a copy of each
allows a tribe to submit fingerprint 543.5 requires a TGRA to submit a newly issued or renewed facility license
cards to the Commission for processing detailed report after the TGRA has within 30 days of issuance. Section
by the Federal Bureau of Investigation approved an alternate standard to any of 559.4 requires a tribe to submit an
(FBI), along with a fee to cover the the NIGC’s minimum internal control attestation certifying that by issuing the
mstockstill on DSK4VPTVN1PROD with NOTICES
NIGC’s and FBI’s costs to process the standards, and the report must contain facility license, the tribe has determined
fingerprint cards on behalf of the tribes. all of the items specified in § 543.5(a)(2). that the construction, maintenance, and
Parts of this collection are mandatory Section 543.23(c) requires a tribe to operation of that gaming facility is
and the other part is voluntary. The maintain internal audit reports and to conducted in a manner that adequately
required submission of the fee make such reports available to the protects the environment and the public
worksheets allows the Commission to Commission upon request. Section health and safety. Section 559.5 requires
both set and adjust fee rates, and to 543.23(d) requires a tribe to submit two a tribe to submit a notice within 30 days
support the computation of fees paid by copies of the agreed-upon procedures if a facility license is terminated or
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![Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices 54589
information is useful; (ii) evaluate the shortage terms and conditions for the California State Water Resources
accuracy of the agency’s estimate of the applicable Central Valley Project water Control Board. The 2001 draft Central
burden of the proposed information service contractors, as appropriate; (2) Valley Project Municipal & Industrial
collection; (iii) enhance the quality, establish Central Valley Project water Water Shortage Policy, as modified by
usefulness, and clarity of the supply allocations that, together with Alternative 1 B of the 2005 draft
information to be collected; and (iv) the municipal and industrial water environmental assessment (EA),
minimize the burden on the service contractors’ drought water establishes the terms and conditions
respondents, including the use of conservation measures and other water regarding the constraints on availability
automated collection techniques or supplies, would assist the municipal of water supply for the Central Valley
other forms of information technology. and industrial water service contractors Project municipal and industrial water
It should be noted that as a result of the in their efforts to protect public health service contracts.
Commission reviewing its own records and safety during severe or continuing Allocation of Central Valley Project
that track the number of tribal and/or droughts; and (3) provide information to water supplies for any given water year
management contractor submissions water service contractors for their use in is based upon forecasted reservoir
and after surveying tribal gaming water supply planning and development inflows and Central Valley hydrologic
operators, TGRAs, and management of drought contingency plans. conditions, amounts of storage in
contractors regarding the Commission’s DATES: The Bureau of Reclamation will Central Valley Project reservoirs,
submission and recordkeeping not issue a final decision on the regulatory requirements, and
requirements, many of the previously proposal for a minimum of 30 days after management of Section 3406(b)(2)
published burden estimates have the date that the Environmental resources and refuge water supplies in
changed since the publication of the Protection Agency releases the Final accordance with CVPIA. In some cases,
Commission’s 60-day notice on June 5, EIS. After the 30-day period, the Bureau municipal and industrial allocations in
2015. If you wish to comment in of Reclamation will complete a Record water shortage years may differ between
response to this notice, you may send of Decision. The Record of Decision will Central Valley Project divisions due to
your comments to the office listed under state the action that will be regional Central Valley Project water
the ADDRESSES section of this notice by implemented and will discuss all factors supply availability, system capacity, or
October 13, 2015. leading to the decision. other operational constraints.
Comments submitted in response to The purpose of the update to the 2001
ADDRESSES: Send written
this second notice will be summarized Central Valley Project Municipal &
correspondence or requests for copies of
and become a matter of public record. Industrial Water Shortage Policy, as
the Final EIS to Mr. Tim Rust, Bureau
The NIGC will not request nor sponsor modified by Alternative 1 B of the 2005
of Reclamation, Resources Management
a collection of information, and you draft EA, is to provide detailed, clear,
Division, 2800 Cottage Way,
need not respond to such a request, if and objective guidelines for the
Sacramento, CA 95825, or via email to
there is no valid OMB Control Number. distribution of Central Valley Project
trust@usbr.gov. To request a compact
Dated: September 4, 2015. water supplies during water shortage
disc of the Final EIS, please contact Mr.
conditions, thereby allowing Central
Shannon O’Loughlin, Tim Rust as indicated above, or call
Valley Project water users to know
Chief of Staff. (916) 978–5516. when, and by how much, water
[FR Doc. 2015–22847 Filed 9–9–15; 8:45 am] The Final EIS may be viewed at the
deliveries may be reduced in drought
Bureau of Reclamation’s Web site at
BILLING CODE 7565–01–P and other low water supply conditions.
http://www.usbr.gov/mp/cvp/mandi/ The increased level of clarity and
index.html. See the SUPPLEMENTARY understanding that will be provided by
DEPARTMENT OF THE INTERIOR INFORMATION section for locations where
the update to the 2001 draft Central
copies of the Final EIS are available for Valley Project Municipal & Industrial
Bureau of Reclamation public review. Water Shortage Policy is needed by
[RR02054000, 15XR0680A1, FOR FURTHER INFORMATION CONTACT: Mr. water managers and the entities that
RX.02148943.3320900] Tim Rust, Program Manager, Bureau of receive Central Valley Project water to
Reclamation, via email at trust@ better plan for and manage available
Notice of Availability for the Final usbr.gov, or at (916) 978–5516. Central Valley Project water supplies,
Environmental Impact Statement for SUPPLEMENTARY INFORMATION: The and to better integrate the use of Central
the Central Valley Project Municipal Central Valley Project is operated under Valley Project water with other available
and Industrial Water Shortage Policy, Federal statutes authorizing the Central non-Central Valley Project water
Central Valley, California Valley Project, and by the terms and supplies. The update to the 2001 draft
AGENCY: Bureau of Reclamation, conditions of water rights acquired Central Valley Project Municipal &
Interior. pursuant to California law. During any Industrial Water Shortage Policy is also
ACTION: Notice. year, constraints may occur on the needed to clarify certain terms and
availability of Central Valley Project conditions with regard to its
SUMMARY: The Bureau of Reclamation water for municipal and industrial applicability and implementation. The
has prepared a Final Environmental water service contractors. The cause of proposed action is the adoption of an
Impact Statement (EIS) for the Central the water shortage may be drought, updated Central Valley Project
Valley Project Municipal and Industrial unavoidable causes, or restricted Municipal & Industrial Water Shortage
mstockstill on DSK4VPTVN1PROD with NOTICES
Water Shortage Policy. The Final EIS operations resulting from legal and Policy and its implementation
addresses updating the Central Valley environmental obligations or mandates. guidelines.
Project Municipal and Industrial Water Those legal and environmental The EIS analyzes five alternative
Shortage Policy and implementation obligations include, but are not limited actions. Alternative 1 is No Action, and
guidelines. The Central Valley Project to, the Endangered Species Act, the represents the current 2001 draft Central
Municipal and Industrial Water Central Valley Project Improvement Act Valley Project Municipal & Industrial
Shortage Policy would be used by (CVPIA), and conditions imposed on Water Shortage Policy, as modified by
Reclamation to: (1) Define water Central Valley Project water rights by Alternative 1 B of the 2005 EA, which
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Document Created: 2015-12-15 10:04:09
Document Modified: 2015-12-15 10:04:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Second notice and request for comments. | |
| 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 13, 2015 in order to be assured of consideration. | |
| Contact | For further information, including copies of the proposed information collection requests and supporting documentation, contact Armando J. Acosta 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). | |
| FR Citation | 80 FR 54586 |
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