[Federal Register: June 18, 2008 (Volume 73, Number 118)]
[Notices]               
[Page 34794-34797]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn08-126]                         

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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission

 
Submission of Information Collection Under the Paperwork 
Reduction Act; Reinstatement

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Notice.

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SUMMARY: The National Indian Gaming Commission (``NIGC'' or 
``Commission''), in accordance with the Paperwork Reduction Act, is 
seeking reinstatement of the approval for collection of information for 
the following information collection activities: (1) Compliance and 
Enforcement under the Indian Gaming Regulatory Act (IGRA); (2) Privacy 
Act Procedures; (3) Approval of Class II/Background Investigation 
Tribal Licenses; (4) Management Contract Regulations; (5) Freedom of 
Information Act Procedures; (6) National Environmental Policy Act 
Procedures; (7) Annual Fees Payable by Indian Gaming Operations; (8) 
Issuance of Certificates of Self Regulation to Tribes for Class II 
Gaming; (9) Minimum Internal Control Standards. These information 
collections have expired.

DATES: Submit comments on or before July 18, 2008.

ADDRESSES: Comments can be mailed directly to the Office of Information 
and Regulatory Affairs, OMB, Attn: Desk Officer for the National Indian 
Gaming Commission, 725 17th Street, NW., Washington, DC 20503, or 
mailed, faxed, or e-mailed to the attention of Michael Gross or Regina 
McCoy, National Indian Gaming Commission, 1441 L Street, NW., 
Washington, DC 20005. Comments may be faxed to 202-632-7066 (not a 
toll-free number). Comments may be sent electronically to 
info@nigc.gov, subject: pra reinstatements.

FOR FURTHER INFORMATION CONTACT: Michael Gross or Regina McCoy, at 
(202) 632-7003; fax (202) 632-7066 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

I. Request for Comments

    You are invited to comment on the following items to the Desk 
Office at OMB at the citation in the ADDRESSES section.
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information will have practical utility;
    (b) The accuracy of the agency's estimate of the burden (including 
the hours and cost) of the proposed collection of information, 
including the validity of the methodology and assumption used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other collection techniques or 
forms of information technology.
    Comments submitted in response to this notice will be summarized 
and become a matter of public record.
    OMB has up to 60 days to make a decision but may decide after 30 
days; therefore, your comments will receive maximum consideration if 
received during the 30-day period.
    We will not request nor sponsor a collection of information, and 
you need not respond to such a request, if there is no valid Office of 
Management and Budget Control Number.

II. Data

    Title: Compliance and Enforcement.
    OMB Control Number: 3141-0001.
    Background: The Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) (IGRA) governs the regulation of gaming on Indian lands. Although 
the IGRA places primary responsibility with the tribes for regulating 
gaming, Section 2706(b) directs the NIGC to monitor gaming conducted on 
Indian lands on a continuing basis. IGRA authorizes the NIGC to access 
and inspect all papers, books and records relating to gaming conducted 
on Indian lands. IGRA also requires tribes to provide NIGC with annual 
independent audits of gaming, including contracts in excess of 
$25,000.00. 25 U.S.C. 2710(b)(2)(c), (d); 25 U.S.C. 2710(d)(1)(A)(ii). 
In accordance with these statutory responsibilities, 25 CFR 571.7 
requires Indian gaming operations to keep

[[Page 34795]]

permanent financial records. 25 CFR 571.12 and 571.13 require, 
respectively, an annual independent audit of a tribe's gaming 
operations and submission of this audit to the NIGC. The NIGC uses this 
information to fulfill its statutory responsibility to monitor Indian 
gaming. Additionally, Section 2713 of IGRA authorizes the Chairman to 
issue civil fine assessments and closure orders for violations of the 
Act or the Commission's regulations. This authority is implemented 
through 25 CFR part 575. The full Commission reviews these matters on 
appeal under 25 CFR part 577.
    Brief Description of Collection: This collection is mandatory and 
allows the NIGC to conduct its statutory duty to regulate Indian 
gaming. No additional burden is imposed by the requirements to maintain 
customary business records and to allow NIGC personnel access to those 
records.
    Respondents: Indian tribal gaming operations.
    Estimated Number of Respondents: 387.
    Estimated Annual Responses: 1,194.
    Estimated Time per Response: The range of time can vary from no 
additional burden hours to 50 burden hours for one item.
    Frequency of Response: Varies.
    Estimated Total Annual Burden on Respondents: 3,424.

    Title: Privacy Act Procedures.
    OMB Control Number: 3141-0002.
    Background: On October 17, 1988, Congress enacted the Indian Gaming 
Regulatory Act (``IGRA'' or ``Act''), 25 U.S.C. 2701-21, creating the 
National Indian Gaming Commission (``NIGC'' or ``Commission'') and 
developing a comprehensive framework for the regulation of gaming on 
Indian lands. 25 U.S.C. 2702. Congress enacted the Privacy Act in 1974. 
Under the Privacy Act, individuals are allowed to request access to 
documents under the control of the NIGC that are maintained under a 
personal identifier unique to the individual. 25 CFR Part 515.3 lists 
the requirements for making Privacy Act requests. 25 CFR Part 515.6 
lists the requirements for appealing an adverse determination on the 
release of information. 25 CFR 515.7 explains how to make a request for 
amendment to a record.
    Brief Description of Collection: This collection is mandatory and 
the benefit to the respondents is processing of their request to view 
records maintained on themselves.
    Respondents: Individuals and submission is mandatory.
    Estimated Number of Respondents: 2.
    Estimated Time per Response: 10 hours.
    Frequency of Response: Varies.
    Estimated Total Annual Hourly Burden to Respondents: 20 total 
annual hours of burden.

    Title: Approval of Class II and Class III Ordinances, Background 
Investigations and Gaming Licenses.
    OMB Control Number: 3141-0003.
    Background: The IGRA establishes the National Indian Gaming 
Commission to oversee Indian gaming. IGRA sets standards for the 
regulation of gaming including requirements for approval or disapproval 
of tribal gaming ordinances. IGRA section 2705(a)(3) requires the 
Chairman to review all class II and class III tribal gaming ordinances.
    In accordance with this provision, 25 CFR 552.2 of the NIGC's 
regulations requires tribes to submit to the NIGC: (1) A copy of the 
gaming ordinance to be approved, including a copy of the authorizing 
resolution by which it was enacted by the tribal government and a 
request for approval of the ordinance or resolution; (2) a description 
of procedures the tribe will employ in conducting background 
investigations on key employees or primary management officials; (3) a 
description of procedures the tribe will use to issue licenses to 
primary management officials and key employees; (4) copies of all 
gaming regulations; (5) a copy of any applicable tribal--state compact; 
(6) a description of dispute resolution procedures for disputes arising 
between the gaming public and the tribe or management contractor; (7) 
identification of the law enforcement agency that will take 
fingerprints and a description of the procedures for conducting 
criminal history checks; and (8) designation of an agent for service of 
process.
    Under 25 CFR 522.3, tribes must submit any amendment to the 
ordinance or resolution for approval by the Chairman. In this instance, 
the tribe must provide a copy of the authorizing resolution. The NIGC 
will use the information collected to approve or disapprove the 
ordinance or amendment.
    Section 2710 of IGRA requires tribes to conduct background 
investigations on key employees and primary management officials 
involved in class II and class III gaming. 25 CFR 556 and 558 require 
tribes to perform each investigation using information such as name, 
address, previous employment records, previous relationships with 
either Indian tribes or the gaming industry, licensing relating to 
those relationships, any convictions, and any other information a tribe 
feels is relevant to the employment of the individuals being 
investigated. Tribes are then required to submit to the NIGC a copy of 
the completed employment applications and investigative reports and 
licensing eligibility determinations on key employees or primary 
management officials before issuing gaming licenses to those persons. 
The NIGC uses this information to review the eligibility/suitability 
determinations tribes make and advises them if it disagrees with any 
particular determination.
    Brief Description of Collection: This collection is mandatory and 
allows the NIGC to carry out its statutory duties and gives the 
respondents standards for compliance.
    Respondents: Indian tribal gaming operations.
    Estimated Number of Respondents: 282.
    Estimated Time per Response: The range of time can vary from .5 
burden hours to 80 burden hours for one item.
    Frequency of Response: Varies.
    Estimated Total Annual Burden Hours on Respondents: 36,973 hours.

    Title: Management Contract Regulations
    OMB Control Number: 3141-0004.
    Background: Under Sections 2710(e) and 2711 of the Indian Gaming 
Regulatory Act (IGRA), subject to the approval of the NIGC Chairman, an 
Indian tribe may enter into a gaming management contract for the 
operation and management of a tribal gaming activity. In approving a 
management contract, by the terms of the statute, the Chairman shall 
require and obtain the following: Name, address, and other pertinent 
background information on each person or entity having a financial 
interest in, or management responsibility for such contract, and in the 
case of a corporation those individuals who serve on the board of 
directors of such corporation and certain stockholders; a description 
of previous experience that each person has had with other Indian 
gaming contracts or with the gaming industry including any gaming 
licenses which the person holds; and a complete financial statement of 
each person listed.
    Under 25 CFR part 533, the Chairman requires the submission of the 
contract to contain the following: Original signatures, any collateral 
agreements to the contract, a tribal ordinance or resolution 
authorizing the submission and supporting documentation, a three-year 
business plan which sets forth the parties' goals, objectives, budgets,

[[Page 34796]]

financial plans, related matters, income statements, sources and use of 
funds statements for the previous three years, and, for any contract 
exceeding five years or which includes a management fee of more than 30 
percent, justification that the capital investment required and income 
projections for the gaming operation require the longer duration or the 
additional fee.
    Under 25 CFR part 535, the Chairman may approve a modification to a 
management contract or an assignment of that management contract based 
on information similar to that required under part 533. The part also 
specifies that the Chairman may void a previous management contract 
approval and allows the parties the opportunity to submit information 
relevant to that determination.
    25 CFR part 537 specifies the requirements for submission of 
background information in amplification of the statutory requirement 
for obtaining information on persons and entities having a direct 
financial interest in or management responsibility for a management 
contract. Finally, 25 CFR part 539 permits appeals to the Commission 
from a decision of the Chairman to disapprove a management contract and 
allows the Indian tribe and the management company an opportunity to 
provide information relevant to that appeal. The NIGC will use the 
information collected to either approve or disapprove the contract or, 
in the case of an appeal, to grant or deny the appeal.
    Brief Description of Collection: This collection is mandatory, and 
the benefit to the respondents is the approval of Indian gaming 
management contracts.
    Respondents: Tribal governing bodies and management contractors.
    Estimated Number of Respondents: 201 (submission of contracts, 
contract amendments, and background investigation submissions).
    Estimated Time per Response: The range of time can vary from no 
added burden hours to 70 burden hours for one item.
    Frequency of Response: Usually no more than once a year.
    Estimated Total Annual Hourly Burden to Respondents: 6,540.

    Title: Freedom of Information Act Procedures.
    OMB Control Number: 3141-0005.
    Background: On October 17, 1988, Congress enacted the Indian Gaming 
Regulatory Act (``IGRA'' or ``Act''), 25 U.S.C. 2701-21, creating the 
National Indian Gaming Commission (``NIGC'' or ``Commission'') and 
developing a comprehensive framework for the regulation of gaming on 
Indian lands. 25 U.S.C. 2702. Congress enacted the FOIA in 1966 and 
last modified it on December 31, 2007. Under the FOIA, individuals are 
allowed to request access to documents under the control of the NIGC. 
25 CFR Part 517.4 lists the requirements for making FOIA requests to 
the NIGC. 25 CFR Part 517.7 explains how the NIGC handles requests for 
information that is confidential commercial information. 25 CFR Part 
517.8 lists the requirements for appealing an adverse determination on 
the release of information.
    Brief Description of Collection: This collection is mandatory and 
the benefit to the respondents is processing of their FOIA requests.
    Respondents: Individuals, businesses, state, local, and Tribal 
governments and submission is mandatory.
    Estimated Number of Respondents: 100.
    Estimated Time per Response: The estimated total time is 6.9 hours.
    Frequency of Response: Varies.
    Estimated Total Annual Hourly Burden to Respondents: 690 hours.

    Title: Proposed NEPA Procedures Manual.
    OMB Control Number: 3141-0006.
    Background: NEPA requires federal agencies to analyze proposed 
major federal actions that significantly affect the quality of the 
human environment. The NIGC has identified one type of action it 
undertakes that requires review under NEPA--approving third-party 
management contracts for the operation of gaming activity under the 
Indian Gaming Regulatory Act (``IGRA''), 25 U.S.C. 2711. Depending on 
the nature of the subject contract and other circumstances, approval of 
such management contracts may be categorically excluded from NEPA, it 
may require the preparation of an Environmental Assessment (``EA''), or 
it may require the preparation of an Environmental Impact Statement 
(``EIS''). In any case, the proponents of a management contract will be 
expected to submit information to the NIGC and assist in the 
development of the required NEPA documentation. Possible respondents 
for this information collection include tribal governing bodies, gaming 
management companies, and environmental consultants.
    Brief Description of Collection: This collection is mandatory 
according to the Proposed NEPA Procedures Manual, the National 
Environmental Policy Act (NEPA), 42 U.S.C. 4321, et seq., and White 
House Council on Environmental Quality regulations, 40 CFR 1500-1508.
    Respondents: Tribal governing bodies, management companies, and 
environmental consultants.
    Estimated Number of Respondents: 7.
    Estimated Time per Response: The range of time can vary from 1,300 
to 4,500 hours per response. This is a change of 2,700 hours per EIS 
response. No change to hours per EA response.
    Frequency of Response: Annually.
    Estimated Total Annual Burden on Respondents: 12,300 hours. 12,300 
(6 EAs x 1,300 hours) + 4,500 hours for EIS.

    Title: Annual Fees Payable by Indian Gaming Operations.
    OMB Control Number: 3141-0007.
    Background: The Indian Gaming Regulatory Act, 25 U.S.C. 2701 et 
seq., requires the NIGC to set an annual funding rate. The annual 
funding rate is the primary mechanism for NIGC funding under 25 U.S.C. 
2717, and 25 CFR part 514 implements the requirement. Fees are computed 
on the basis of the assessable gross revenues of each gaming operation 
using rates set by the NIGC. The total of all fees assessed annually 
cannot exceed 0.08 percent of gross gaming revenue. Under its 
implementing regulation for the fee payment program, 25 CFR part 514, 
the NIGC relies on a quarterly statement of gross gaming revenues 
provided by each gaming operation that is subject to the fee 
requirement. The required information is needed for the NIGC to both 
set and adjust fee rates and to support the computation of fees paid by 
each gaming operation.
    Brief Description of Collection: This collection is mandatory and 
allows the NIGC to both set and adjust fee rates and to support the 
computation of fees paid by each gaming operation.
    Respondents: Indian tribal gaming operations.
    Estimated Number of Respondents: 423.
    Estimated Annual Responses: 1,692.
    Estimated Time per Response: 2 hours.
    Estimated Annual Burden Hours per Respondent: 8.
    Frequency of Response: Quarterly.
    Estimated Total Annual Burden on Respondents: 3,384 annual burden 
hours (1,692 annual responses x 2 hours per response).

    Title: Issuance of Certificates of Self Regulation to Tribe for 
Class II Gaming, 25 CFR part 518.
    OMB Control Number: 3141-0008

Background:

    The Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq., allows 
any Indian tribe that has conducted class II gaming

[[Page 34797]]

for at least three years to petition the NIGC for a certificate of 
self-regulation for its class II gaming operations. The NIGC will issue 
the certificate if it determines from available information that the 
tribe has conducted its gaming activity in a manner which has resulted 
in an effective and honest accounting of all revenues, a reputation for 
safe, fair, and honest operation of the activity, and an enterprise 
free of evidence of criminal or dishonest activity. The tribe must also 
have adopted and implemented proper accounting, licensing, and 
enforcement systems and conducted the gaming operation on a fiscally or 
economically sound basis. The implementing regulation of the NIGC, 25 
CFR part 518, requires a tribe interested in receiving the certificate 
to file a petition with the NIGC describing, generally, the tribe's 
gaming operations, its regulatory process, its uses of net gaming 
revenue, and its accounting and record keeping systems for the gaming 
operation. The tribe must also provide copies of various documents in 
support of the petition. Submission of the petition and supporting 
documentation is voluntary. The NIGC will use the information submitted 
by the respondent tribe determining on whether to issue the certificate 
of self-regulation.
    Those tribes who have been issued a certificate of self-regulation 
are required to submit annually a report to the NIGC. Such report shall 
set forth information to establish that the tribe has continuously met 
the eligibility requirements of 25 CFR part 518.2 and the approval 
requirements of 25 CFR part 518.4 and shall include a report with 
supporting documentation which explains how tribal gaming revenues were 
used in accordance with the requirements of 25 U.S.C. 2710(b)(2)(B).
    Brief Description of Collection: This collection is voluntary for 
those tribes petitioning for a certificate of self-regulation and 
mandatory for those tribes who hold a certificate of self-regulation 
according to statutory regulations, and the benefit to the respondents 
is a reduction of the amount of fees assessed on class II gaming 
revenue by the NIGC.
    Respondents: Tribal governments; tribes who hold certificates of 
self-regulation; petition submission is voluntary; annual report 
submission is mandatory.
    Estimated Number of Voluntary Respondents: 0.
    Estimated Time per Voluntary Response: 0.
    Frequency of Response: At will.
    Estimated Total Annual Hourly Burden to Voluntary Respondents: 0.
    Number of Mandatory Respondents: 2.
    Estimated Time per Mandatory Response: 50.
    Frequency of Mandatory Response: Annual.
    Estimated Total Annual Hourly Burden to Mandatory Respondents: 100.
    Title: Minimum Internal Control Standards
    OMB Control Number: 3141-0009
    Background: The Indian Gaming Regulatory Act (25 U.S.C. 2701 et 
seq.) (IGRA) governs the regulation of gaming on Indian lands. Although 
the IGRA places primary responsibility with the tribes for regulating 
gaming, Section 2706(b) directs the NIGC to monitor gaming conducted on 
Indian lands on a continuing basis. IGRA authorizes the NIGC to access 
and inspect all papers, books and records relating to gaming conducted 
on Indian lands. In accordance with these statutory responsibilities, 
25 CFR 542.3(c) requires Class II and limited Class III Indian tribal 
gaming regulatory authorities to establish and implement tribal 
internal control standards that provide a level of control that equals 
or exceeds those set out in part 542, establishing internal control 
standards. 25 CFR 542.3(d) requires each affected gaming operation to 
develop and implement internal control standards that, at a minimum, 
comply with the tribal internal control standards established by the 
tribal gaming regulatory authority.
    Brief Description of Collection: This collection is mandatory 
according to statutory regulations, and allows the NIGC to confirm 
tribal compliance with the standards contained in the Agreed-Upon-
Procedures report.
    Respondents: Tribal governing bodies
    Estimated Number of Respondents: 387
    Estimated Time per Response: 1 hour
    Frequency of Response: Annually
    Estimated Total Annual Hourly Burden to Respondents: 387 hours

    Dated: June 12, 2008.
Philip N. Hogen,
Chairman.
Norman H. DesRosiers,
Commissioner.
[FR Doc. E8-13679 Filed 6-17-08; 8:45 am]

BILLING CODE 7565-01-P