3141-0006 Supporting Statement (NEPA)

SUPPORTING STATEMENT FOR RECORDKEEPING
AND REPORTING REQUIREMENTS OF THE NATIONAL INDIAN GAMING
COMMISSION’S NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) COMPLIANCE
ACTIVITIES

A. Justification
1. Explain the circumstances that make the collection of information necessary. Identify
any legal or administrative requirements that necessitate the collection. Attach a copy of
the appropriate section of each statute and regulation mandating or authorizing the
collection of information.
The Indian Gaming Regulatory Act (IGRA) governs the regulation of gaming on Indian
lands. 25 U.S.C. § 2701 et. seq. IGRA established the National Indian Gaming Commission
(NIGC or the Commission) as federal regulatory agency with authority to oversee Indian
gaming. Among the responsibilities of the Chairman is the review and approval of third-party
management contracts that involve the operation of tribal gaming facilities. Under the National
Environmental Policy Act (NEPA), 42 U.S.C. § 4321, et. seq., and the implementing regulations
of the Council on Environmental Quality (CEQ), Federal agencies are required to prepare or
cause to be prepared environmental documents for actions taken by the Commission that may
have significant impacts on the environment.
The NEPA process is triggered when a tribe (or applicant) and management contractor
seek approval of a management contract under 25 U.S.C. § 2711; 25 C.F.R. part 533. Under
NEPA, an Environmental Assessment (EA) must be prepared when the action (approval of a
management contract) cannot be categorically excluded or the environmental consequences of
the action will not result in a significant impact or the environmental impacts are unclear and
need to be further defined. An Environmental Impact Statement (EIS) must be prepared when the
action will likely result in significant impacts to the environment. Normally, an EA or EIS and
its supporting documents are prepared by an environmental consultant and submitted to the
Commission through the applicant. In the case of an EA, the Commission must independently
evaluate the document, verify its content, and assume responsibility for the accuracy of the
information contained therein. In the case of EIS, the Commission directs and is responsible for
the preparation of the document, but the applicant or management contractor is responsible for
paying for the preparation of the document.
2. Indicate how, by whom, and for what purposes the information is to be used. Except for
a new collection, indicate the actual use the agency has made of the information received
from the current collection.
The information contained in a NEPA document (EA or EIS) is used to fulfill the
Commission’s NEPA compliance responsibilities. The Chairman uses a NEPA document to
determine whether there is a significant impact on the environment as a consequence of the
proposed action. The Chairman then uses that determination as part of his/her decision-making
process regarding approval of a management contract.
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3. Describe whether, and to what extent, the collection of information involves the use of
automated, electronic, mechanical, or other technological collection, techniques or other
forms of information technology, e.g. permitting electronic submission of responses, and
the basis for the decision for adopting this means of collections. Also describe any
consideration of using information technology to reduce burden.
The information normally collected includes, but is not limited to, maps, charts, technical
studies, correspondence from other agencies (federal, tribal, state, and local), and comments
from the public. In order to reduce the number of paper copies of NEPA documents prepared, the
Commission posts its final NEPA documents on its website (www.nigc.gov). The Commission
also encourages other agencies and the public to accept the document in electronic form.
However, many agencies specifically request or mandate the documents be in paper form.
Comments on draft NEPA documents may be submitted electronically to an e-mail address
published in the official notice of availability (NOA).
4. Describe efforts to identify duplication. Show specifically why any similar information
already available cannot be used or modified for use for the purposes described in item 2
above.
To the extent that previously submitted information is applicable to another submission,
the Commission will not require resubmission. Furthermore, CEQ regulations encourage the
reuse of information “to reduce duplication and paperwork.” 40 C.F.R. § 1506.4. Due to the
highly individualized nature of the analysis conducted for NEPA compliance, most information
will not be transferable. However, where information in studies, such as regional impact studies
(water, traffic, air), is relevant in another project, the Commission does not require that an
additional study be conducted but will encourage that the appropriate and all readily existing
information be included as part of the NEPA document being prepared.
5. If the collection of information impacts small business or other small entities (Item 5 of
OMB Form 83-I), describe any methods used to minimize the burden.
Not Applicable
6. Describe the consequence to Federal program or policy activities if the collection is not
conducted or is conducted less frequently, as well as any technical or legal obstacles to
reducing burden.
The collection of a NEPA document is required by law. If the information is not
collected, the Commission would be subject to legal challenge under the NEPA and the
Administrative Procedures Act if it were to approve a management contract and did not
document and consider the environmental consequences of that action. Normally, information
collected for a NEPA document is only collected once. Collection of this information a second
time will only occur when the time period between when the information was collected and
Commission action are so great as to render the information stale or unreliable.
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7. Explain any special circumstances that would cause an information collection to be
conducted in a manner:
•
•
•
•
•
•
•

•

requiring respondents to report information to the agency more often than quarterly;
requiring respondents to prepare a written response to a collection of information in
fewer than 30 days after receipt of it;
requiring respondents to submit more than an original and two copies of any documents;
requiring respondents to retain records, other than health, medical, government contract,
grant-in-aid, or tax records for more than three years;
in connection with a statistical survey, that is not designed to produce valid and reliable
results that can be generalized to the universe of study;
requiring the use of a statistical data classification that has not been reviewed and
approved by OMB;
that includes a pledge of confidentiality that is not supported by authority established in
statute or regulation, that is not supported by disclosure and data security policies that are
consistent with the pledge, or which unnecessarily impedes sharing of data with other
agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secrets, or other confidential
information unless the agency can demonstrate that it has instituted procedures to protect
the information's confidentiality to the extent permitted by law.

To satisfy the Commission’s NEPA responsibilities, more than one copy of a prepared
NEPA document is always required. Normally, the Commission requires the document be made
available to the public in several locations. Other agencies that may be required to rely on the
document for their current or future actions will also require at least one copy of the document.
8. If applicable, provide a copy and identify the date and page number of publication in the
Federal Register of the agency's notice, required by 5 C.F.R. § 1320.8(d), soliciting
comments on the information collection prior to submission to OMB.
-Summarize public comment received in response to that notice and describe
actions taken by the agency in response to these comments. Specifically address
comments received on cost and hour burden. Describe efforts to consult with
persons outside the agency to obtain their views on the availability of data,
frequency of collection, the clarity of instructions and recordkeeping, disclosure, or
reporting format, (if any), and on the data elements to be recorded, disclosed, or
reported.
-Consultation with representatives of those from whom information is to be
obtained or those who must compile records should occur at least once every three
years -- even if the collection of information activity is the same as prior periods.
There may be circumstances that may preclude consultation in a specific situation.
These circumstances should be explained.
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On February 16, 2012, a notice containing the information collections requirement was
published in the Federal Register allowing the public an opportunity to comment on the
requirements. The public comment period closed on April 16, 2012. No public comments were
received.
9. Explain any decision to provide any payment or gift to respondents, other than
renumeration of contractors or grantees.
Not Applicable. Payments or gifts to respondents are not provided.
10. Describe any assurance of confidentiality provided to respondents and the basis for the
assurance in statute, regulation, or agency policy.
In accordance with the National Historic Preservation Act (NHPA), some information
collected and used in a NEPA document may be considered confidential and is withheld from
public disclosure. See 36 C.F.R. § 800.11(c).
11. Provide additional justification for any questions of a sensitive nature, such as sexual
behavior and attitudes, religious beliefs, and other matters that are commonly considered
private. This justification should include the reasons why the agency considers the
questions necessary, the specific uses to be made of the information, the explanation to be
given to persons from whom the information is requested, and any steps to be taken to
obtain their consent.
Not Applicable.
12. Provide estimates of the hour burden of the collection of information. The statement
should:
-

-

-

Indicate the number of respondents, frequency of response, annual hour burden,
and an explanation of how the burden was estimated. Unless directed to do so,
agencies should not conduct special surveys to obtain information on which to base
hour burden estimates. Consultation with a sample (fewer than 10) of potential
respondents is desirable. If the hour burden on respondents is expected to vary
widely because of differences in activity, size, or complexity, show the range of
estimated hour burden, and explain the reasons for the variance. Generally,
estimates should not include burden hours for customary and usual business
practices.
If this request for approval covers more than one form, provide separate hour
burden estimates for each form and aggregate the hour burdens on Item 13 of OMB
Form 83-I.
Provide estimates of annualized costs to respondents for the hour burdens for
collections of information, identifying and using appropriate wage rate categories.
The cost of contracting out or paying outside parties for information collection
activities should not be included here. Instead, this cost should be included in Item
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EA
EIS

Frequency of
Reporting
1
1

Total Annual
Responses
6
1

Hours per
Report
1300
4500

Based on an average of submissions during the past seven (7) years, the NIGC estimates
six (6) annual EA responses at 1300 hours per response and one (1) annual EIS response at 4500
hours per response. The total NEPA hour burden for respondents is 12,300.
13. Provide an estimate of the total annual cost burden to respondents or recordkeepers
resulting from the collection of information. (Do not include the cost of any hour burden
shown in Items 12 and 14).
-

-

-

The cost estimate should be split into two components: (a) a total capital and startup cost component {annualized over its expected useful life}; and (b) a total
operation and maintenance and purchase of services component. The estimates
should take into account costs associated with generating, maintaining, and
disclosing or providing the information. Include description of methods used to
estimate major cost factors including system and technology acquisition, expected
useful life of capital equipment, the discount rate(s), and the time period over which
costs will be incurred. Capital and start-up costs include, among other items,
preparations for collecting information such as purchasing computers and software;
monitoring, sampling, drilling and testing equipment; and record storage facilities.
If cost estimates are expected to vary widely, agencies should present ranges of cost
burdens and explain the reasons for the variance. The cost of purchasing or
contracting out information collection services should be a part of this cost burden
estimate. In developing cost burden estimates, agencies may consult with a sample
of respondents (fewer than 10), utilize the 60-day, pre-OMB submission public
comment process and use existing economics or regulatory impact analysis
associated with the rulemaking containing the information collection, as
appropriate.
Generally, estimates should not include purchases of equipment or services, or
portions thereof, made: (1) prior to October 1, 1995, (2) to achieve regulatory
compliance with requirements not associated with the information collection, (3) for
reasons other than to provide information or keep records for the government, or
(4) as part of customary and usual business or private practices.

An Indian tribe that submits a gaming management contract for approval will also
typically contract for the preparation of a NEPA document that is submitted to the Commission
as part of the management contract review. Below is the estimated dollar burden for the
preparation of both types of NEPA documents, as incurred with a standard hourly consulting fee.
The cost and time estimates were generated through discussion with contractors that perform
these functions for tribes. The costs are all operational or purchase-of-service in nature.
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The NIGC estimates six (6) annual EA responses at 1300 hours per response/$110 per
hour.
The NIGC estimates one (1) annual EIS response at 4500 hours per response/$110 per
hour.

EA
EIS

Frequency of
Reporting
1
1

Total Annual
Responses
6
1

Hours per
Report
1300
4500

Cost per
Burden Hour
$110
$110

Total Cost per
Respondent
$143,000
$495,000

14. Provide estimate of annualized cost to the Federal Government. Also, provide a
description of the method used to estimate cost, which should include quantification of
hours, operational expenses (such as equipment, overhead, printing and support staff), and
any other expense that would not have been incurred without this collection of information.
Agencies also may aggregate cost estimates from Items 12, 13, and 14 in a single table.
The Commission estimates that 120 and 1000 hours will be needed to review an EA and
EIS, respectively. This will involve discussions with the tribe, contractor(s), other federal, tribal,
state, and local agencies, analysis of submission(s), review and comment on document(s),
involvement in public participation activities, and correspondence with various entities. The cost
estimates reflect direct staffing cost, overhead, and miscellaneous expenses such as travel. The
Commission estimates 6 EA and 1 EIS annual responses to be reviewed.

EA
EIS

Frequency of
Reporting
1
1

Total Annual
Responses
6
1

Hours per
Report
120
1000

Cost per
Burden Hour
$90
$90

Total Cost per
Respondent
$10,800
$90,000

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14
of OMB Form 83-I.
There are no changes.
16. For collections of information whose results will be published, outline plans for
tabulations and publication. Address any complex analytical techniques that will be used.
Provide the time schedule for the entire project, including beginning and ending dates of
the collection of information, completion of report, publication dates, and other actions.
This information is collected and published at the conclusion of the NEPA process. The
publication of information collected for NEPA documents is always done by making the EA or
EIS available to the public by placing paper and electronic versions in places easily accessible to
the public. An EIS and in some cases an EA are also made available on the internet. As NEPA
documents usually contain complex analytical techniques, the Commission uses public
information workshops to explain these techniques. The schedule for an EIS is normally
established during the scoping process which includes consultation with other agencies and the
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public. The schedule for an EA is developed in consultation with the consultant preparing the EA
and the tribe.
17. If seeking approval to not display the expiration date for OMB approval of information
collection, explain the reasons that display would be inappropriate.
Not Applicable.
18. Explain each exception to the certification statement in Item 19, "Certification for
Paperwork Reduction Act Submission," of OMB Form 83-I.
Not Applicable.
19. Collection of Information Employing Statistical Methods.
This section is not applicable. Statistical methods are not employed.

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