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)

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.

[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]


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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 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

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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