Federal Register Notice

Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321), the Service prepared an
environmental assessment (EA) that
evaluated two alternatives and their
potential impacts on the project area.
The Service released the draft
environmental assessment (EA) and LPP
on June 20, 2011, for a 30-day public
review period. The draft documents
were made available to Federal elected
officials and agencies, State elected
officials and agencies, 32 Native
American tribes with aboriginal or tribal
interests, local media, and other
members of the public that were
identified during the scoping process.
In addition, two public meetings were
held, in Bismarck, North Dakota, and in
Miller, South Dakota, on June 28 and 29,
2011, respectively. These meetings were
announced in advance in local media.
Approximately 50 landowners, citizens,
and elected representatives attended the
meetings. The Service received 10
letters from agencies, organizations, and
other entities, and 347 general public
comments. After all comments were
received, they were reviewed, added to
the administrative record, and
incorporated into the environmental
assessment (EA) if substantial.
Based on the documentation
contained in the environmental
assessment (EA), a Finding of No
Significant Impact was signed on
September 1, 2011, for the
establishment of the Dakota Grassland
Conservation Area.
Dated: December 2, 2011.
Matt Hogan,
Acting, Deputy Regional Director, MountainPrairie Region, U.S. Fish and Wildlife Service.
[FR Doc. 2012–3650 Filed 2–15–12; 8:45 am]
BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Submission of Information Collection
Under the Paperwork Reduction Act;
Reinstatement

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 activities: (1) Compliance and
enforcement under the Indian Gaming
Regulatory Act (‘‘IGRA’’ or ‘‘the Act’’);
(2) approval of Class II background

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I. Request for Comments
You are invited to comment on the
following items:
(a) Whether the collections of
information are 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 burdens (including the
hours and cost) of the proposed
collections of information, including the
validity of the methodologies and
assumptions used;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burdens of
the collections 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.
II. Data

National Indian Gaming
Commission, Interior.
ACTION: Notice.
AGENCY:

SUMMARY:

investigation and tribal licenses;
(3) management contract regulations;
(4) National Environmental Policy Act
procedures; (5) annual fees payable by
Indian gaming operations; (6) issuance
of certificates of self regulation to tribes
for Class II gaming; (7) minimum
internal control standards; and
(8) facility license review. These
information collections have expired.
DATES: Submit comments on or before
April 16, 2012.
ADDRESSES: Comments can be mailed,
faxed, or emailed to the attention of
Michael Hoenig, 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 [email protected],
subject: PRA reinstatements.
FOR FURTHER INFORMATION CONTACT:
Michael Hoenig at (202) 632–7003; fax
(202) 632–7066 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:

Title: Compliance and Enforcement.
OMB Control Number: 3141–0001.
Background: IGRA governs the
regulation of gaming on Indian lands.
Although IGRA places primary
responsibility with the tribes for
regulating their gaming activity,
§ 2706(b) directs the NIGC to monitor
Class II gaming conducted on Indian
lands on a continuing basis. IGRA
authorizes the NIGC to access and
inspect all papers, books and records
relating to gross revenues of Class II

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gaming conducted on Indian lands and
any other matters necessary to carry out
the duties of the Commission. 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, NIGC regulations, 25
CFR 571.7, requires Indian gaming
operations to keep permanent financial
records. NIGC regulations, 25 CFR
571.12 and 571.13, require tribes to
annually submit an independent audit
of their gaming operations to NIGC. The
NIGC uses this information to fulfill its
statutory responsibilities under IGRA.
Additionally, IGRA, 25 U.S.C. 2713,
authorizes the NIGC Chair to issue
notices of violation, 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:
422.
Estimated Annual Responses: 1,395.
Estimated Time per Response: The
range of time can vary from no
additional burden hours to 50 burden
hours for one item.
Frequency of Responses: Varies.
Estimated Total Annual Burden on
Respondents: 6,752.
Title: Approval of Class II and Class
III Ordinances, Background
Investigations, and Gaming Licenses.
OMB Control Number: 3141–0003.
Background: The Act sets standards
for the regulation of gaming, including
requirements for approval or
disapproval of tribal gaming ordinances.
IGRA, § 2705(a)(3), requires the NIGC
Chair to review all class II and class III
tribal gaming ordinances.
In accordance with this provision,
NIGC regulations, 25 CFR 522.2, require
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

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Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices

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 NIGC regulations, 25 CFR
522.3, tribes must submit any
amendment to the ordinance or
resolution for approval by the NIGC
Chair. 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 the Act requires tribes
to conduct background investigations on
key employees and primary
management officials involved in class
II and class III gaming. NIGC
regulations, 25 CFR 522.4(b)(4), require
a tribe’s ordinance to provide that the
tribe will perform background
investigations and issue licenses for key
employees and primary management
officials according to requirements that
are at least as stringent as those in NIGC
regulations, 25 CFR parts 556 and 558.
25 CFR parts 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. 25 CFR
556.4. 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. 25 CFR 556.5. The
NIGC uses this information to review
the eligibility and 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.

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Respondents: Indian tribal gaming
operations.
Estimated Number of Respondents:
282.
Estimated Annual Responses:
112,677.
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: Up to 36,973
hours.
Title: Management Contract
Regulations.
OMB Control Number: 3141–0004.
Background: Subject to the approval
of the NIGC Chair, an Indian tribe may
enter into a gaming management
contract for the operation and
management of tribal gaming activity.
25 U.S.C. 2710(e) and 2711. In
approving a management contract, the
Chair 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. 25 CFR 533.3; 25 CFR 537.1(b).
Under NIGC regulations, 25 CFR part
533, the Chair 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, 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 NIGC regulations, 25 CFR part
535, the Chair 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. Part 535
also specifies that the Chair may void a
previous management contract approval
and allows the parties the opportunity

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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 Chair 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:
183 (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 50 burden hours for one
item.
Frequency of Response: Usually no
more than once a year.
Estimated Total Annual Hourly
Burden to Respondents: Up to 3,890.
Title: NEPA Procedures.
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 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.
Respondents: Tribal governing bodies,
management companies, and
environmental consultants.
Estimated Number of Respondents: 6
per year.

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Federal Register / Vol. 77, No. 32 / Thursday, February 16, 2012 / Notices
Estimated Time per Response: The
range of time can vary from 1300 to
4500 hours per response. This variation
depends on whether the response is an
EA or an EIS.
Frequency of Response: Annually.
Estimated Total Annual Burden on
Respondents: 12,300 (6 EAs at 1300
hours + 1 EIS at 4500 hours).
Title: Annual Fees Payable by Indian
Gaming Operations.
OMB Control Number: 3141–0007.
Background: IGRA 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 NIGC regulations, 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. When the Office of
Management and Budget last approved
the collection of information for annual
fees, the NIGC required quarterly
submissions of fees and worksheets.
Although the Commission later changed
part 514 to require biannual
submissions of fees and fee worksheets,
the Agency has published a final rule in
the Federal Register restoring the
submission requirements to quarterly.
That rule goes into effect on October 1,
2012, and the implementation date for
quarterly submissions is January 1,
2013. The final rule can be found at 77
FR 5178 and on the NIGC’s Web site.
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:
446.
Estimated Annual Respondents: 892.
Estimated Annual Burden Hours per
Respondent: 2 (number of annual
responses) × 2 (hours per response) = 4.
Estimated Total Annual Burden on
Respondents: 892 (number of responses)
× 2 (average hourly burden per
response) = 1,784 total annual hours of
burden.
Title: Issuance of Certificates of SelfRegulation to Tribes for Class II Gaming.

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OMB Control Number: 3141–0008.
Background: IGRA allows any Indian
tribe that has conducted class II gaming
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 gaming
activity, and an enterprise free of
evidence of criminal or dishonest
activity. The tribe must also have
adopted and implement proper
accounting, licensing, and enforcement
systems and conducted the gaming
operation on a fiscally or economically
sound basis. The implementing
regulation at 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 recordkeeping
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 in
determining 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 518.2 and the
approval requirements of 25 CFR 518.4
and shall include a report with
supporting documentation which
explains how tribal gaming revenues
were used in accordance with the
requirements of IGRA, 25 U.S.C.
2710(b)(2)(B).
Brief Description of Collection: This
collection is voluntary for those tribes
petitioning for a certificate of selfregulation and mandatory for those
tribes who hold a certificate of selfregulation 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.
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.

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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: IGRA governs the
regulation of gaming on Indian lands.
Although the IGRA places primary
responsibility with the tribes for
regulating Class II gaming, Section
2706(b) of IGRA directs the NIGC to
monitor Class II gaming conducted on
Indian lands on a continuing basis.
IGRA authorizes the NIGC to access and
inspect all papers, books and records
relating to gross revenues of Class II
gaming conducted on Indian lands and
any other matters necessary to carry out
the duties of the Commission. In
accordance with these statutory
responsibilities, NIGC regulations
require 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 543,
establishing internal control standards.
NIGC regulations, 25 CFR 543.3 require
each affected gaming operation to
develop and implement an internal
control system that, at a minimum,
complies with the tribal internal control
standards established by the tribal
gaming regulatory authority. Section
543.3(f) requires tribes with gaming
operations to engage a certified public
accountant (CPA) to perform an agreedupon-procedures report to confirm
compliance with the standards
contained therein. The CPA is then
required to report its findings to the
tribe, tribal gaming regulatory authority,
and management.
Brief Description of Collection:
Section 543.3(f) requires tribes to submit
two copies of the required CPA agreedupon-procedures report to the
Commission. This collection is
mandatory for all Class II gaming
operations exceeding $1 million in gross
gaming revenue and many Class III
facilities and smaller gaming operations
choose to submit it voluntarily. Because
the report is outsourced, minimal
additional time burden is imposed by
the requirement.
Estimated Number of Respondents:
422.
Estimated Time per Response: 0.5
hours.
Frequency of Response: Annually.

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Estimated Total Annual Hourly
Burden to Respondents: 211 hours (422
responses × 0.5 hour per response).
Title: Facility License Standards.
OMB Control Number: 3141–0012.
Background: IGRA states that ‘‘a
separate license issued by the Indian
tribe shall be required 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) and
(d)(1)(A)(iii). Further, IGRA requires
‘‘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).
NIGC regulations, part 559 requires
that a tribe submit a notice to the NIGC
that it is considering issuing a facility
license, including applicable Indian
lands information, at least 120 days
before a new class II and/or class III
gaming facility is opened. The amount
of Indian lands information depends, in
part, on whether the Bureau of Indian
Affairs maintains the necessary records.
The Indian lands information will
continue to be utilized by the NIGC to
ensure that its records are complete for
internal purposes, such as assessing the
NIGC’s jurisdiction to regulate the
gaming on the parcel, as well as
responding to inquiries from
government agencies and Congress as to
the statuses of lands where Indian
gaming is proposed or occurring.
Part 559 also requires that tribes
submit copies of each newly issued or
renewed facility license to the NIGC
within 30 days of issuance, as well as
notices of facility closures. This
information will enable the NIGC to
maintain accurate, up-to-date records of
the Indian gaming facilities that are
operating on Indian lands in the United
States at any given point in time.
Currently, facility licenses must be
renewed every three years. With each
new facility license, the Tribe must
submit an attestation that it has
identified and enforces environment
and public health and safety laws and
that the tribe is in compliance with
those laws. Part 559 also requires tribes
to submit a document listing all
environmental and public safety laws,
resolutions, codes, policies and
standards applicable to its gaming
facility. If the submitted laws,
resolutions, etc. do not change, the tribe
need only certify that fact when
submitting a renewed facility license.
Finally, the NIGC Chair has the
discretion to request environmental and
public health and safety documentation
on occasions when there is an
identified, substantial concern. Through

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these submissions, the NIGC can ensure
that the tribes have determined that the
construction, maintenance, and
operation of their gaming facilities are
conducted in a manner that adequately
protects the environment and the public
health and safety.
This information collection serves
two purposes: (i) to receive up-to-date
information from tribes regarding the
number of licensed Indian gaming
facilities and the Indian lands status of
the site of each gaming facility; and (ii)
to obtain certifications from the tribes
that the construction, maintenance, and
operation of the gaming facilities are
conducted in a manner that adequately
protects the environment and the public
health and safety.
Brief Description of Collection: This
collection is mandatory and enables the
NIGC to conduct its statutory duty to
regulate Indian gaming by ensuring that
tribal gaming facilities are properly
licensed by the tribes.
Respondents: Indian tribal gaming
operations.
Estimated Number of Respondents:
565.
Estimated Annual Responses: 75.
Estimated Time per Response: The
range of time can vary from 2 burden
hours to 10 burden hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden on
Respondents: $13,125.
Dated: February 13, 2012.
Paxton Myers,
Chief of Staff.
[FR Doc. 2012–3689 Filed 2–15–12; 8:45 am]
BILLING CODE 7565–01–P

DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Agency Information Collection;
Renewal of a Currently Approved
Information Collection
Bureau of Reclamation,
Interior.
ACTION: Notice and request for
comments.
AGENCY:

The Bureau of Reclamation
intends to seek an extension of the
information collection for the Lower
Colorado River Well Inventory (1006–
0014). The current OMB approval
expires on May 31, 2012.
DATES: Submit comments on this notice
by April 16, 2012.
ADDRESSES: Send all written comments
concerning this notice to Paul Matuska,
Water Accounting and Verification
Group Manager, LC–4200, Bureau of
Reclamation, Lower Colorado Regional
SUMMARY:

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Office, P.O. Box 61470, Boulder City,
NV 89006–1470; or by email to
[email protected].
Paul
Matuska, Water Accounting and
Verification Group Manager, Bureau of
Reclamation, Lower Colorado Regional
Office, 702–293–8164.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), this notice announces that the
Bureau of Reclamation is requesting
approval for the collection of data from
well and river-pump owners and
operators along the lower Colorado
River in Arizona, California, and
Nevada.
Title: Lower Colorado River Well
Inventory.
OMB Control Number: 1006–0014.
Abstract: Pursuant to the Boulder
Canyon Project Act (Pub. L. 70–642, 45
Stat. 1057), all diversions of mainstream
Colorado River water must be in
accordance with a Colorado River water
entitlement. The Consolidated Decree of
the United States Supreme Court in
Arizona v. California, 547 U.S. 150
(2006) requires the Secretary of the
Interior to account for all diversions of
mainstream Colorado River water along
the lower Colorado River, including
water drawn from the mainstream by
underground pumping. To meet the
water entitlement and accounting
obligations, an inventory of wells and
river pumps is required along the lower
Colorado River, and the gathering of
specific information concerning these
wells.
Description of respondents: The
respondents will include well and riverpump owners and operators along the
lower Colorado River in Arizona,
California, and Nevada. Each diverter
(including well pumpers) must be
identified and their diversion locations
and water use determined.
Frequency: These data are collected
only once for each well or river-pump
owner or operator as long as changes in
water use, or other changes that would
impact contractual or administrative
requirements, are not made. A
respondent may request that the data for
its well or river pump be updated after
the initial inventory.
Estimated completion time: An
average of 20 minutes is required to
interview individual well and riverpump owners or operators. Reclamation
will use the information collected
during these interviews to complete the
information collection form.
Estimated Total Number of
Respondents: 1,500.
FOR FURTHER INFORMATION CONTACT:

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