Supporting Statement For 3141-0006 (10-28-2013)

SUPPORTING STATEMENT
FOR RECORDKEEPING AND REPORTING REQUIREMENTS
NATIONAL ENVIRONMENTAL POLICY ACT
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.  
Pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321, et seq.,
and the Council on Environmental Quality’s (CEQ) implementing regulations, federal agencies
are required to prepare (or cause to be prepared) environmental documents for agency actions
that may have a significant impact on the environment. Under NEPA, an Environmental
Assessment (EA) must be prepared when the agency action cannot be categorically excluded, or
the environmental consequences of the agency 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 agency action will likely result in significant impacts
to the environment. (The EA and EIS, and their supporting documents, will be singularly or
collectively referred to herein as the “NEPA document(s)”.)
The Indian Gaming Regulatory Act (IGRA or the Act), Public Law 100–497, 25 U.S.C.
2701, et seq., was signed into law on October 17, 1988. The Act established the National Indian
Gaming Commission (NIGC or Commission) and set out a comprehensive framework for the
regulation of gaming on Indian lands. The Act sets standards for the regulation of Indian gaming,
including the responsibility of the NIGC Chair to review and approve third-party management
contracts that involve the operation of tribal gaming facilities. The Commission has taken the
position that the NEPA process is triggered when a tribe and a potential contractor seek approval
of a management contract under 25 U.S.C. 2711. Normally, an EA or EIS and its supporting
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documents are prepared by an environmental consulting firm and submitted to the Commission
by the tribe. In the case of an EA, the Commission must independently evaluate the NEPA
document, verify its content, and assume responsibility for the accuracy of the information
contained therein. In the case of an EIS, the Commission directs and is responsible for the
preparation of the NEPA document, but the tribe or potential contractor is responsible for paying
for the preparation of the document. The information 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.
2. Indicate how, by whom, and for what purpose 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 an EA or EIS is used to ensure compliance with NEPA. The
NIGC Chair uses these NEPA documents to determine whether there is a significant impact on
the environment as a consequence of the proposed action.
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 collection. Also describe any
consideration of using information technology to reduce burden.  
While the Commission encourages the public and other agencies to submit the
information under this collection by compatible automated, electronic, and/or mechanical means,
other agencies specifically request or mandate that the NEPA documents be in paper form.
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. 
The CEQ’s NEPA regulations encourage the reuse of information “to reduce duplication
and paperwork.” 40 CFR § 1506.4. However, due to the highly individualized nature of the

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analysis conducted for NEPA compliance, most information will not be transferable. 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 instead
encourages 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 businesses or other small entities (Item 5
of OMB Form 83-I), describe any methods used to minimize 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 Commission has taken the position that the collection of a NEPA document is
required by law. If the information is not collected and the NIGC Chair was to approve a
management contract without documenting and considering the environmental consequences of
that agency action, the Commission could be subject to a legal challenge under NEPA and/or the
Administrative Procedures Act.
As a general matter, a NEPA document is only collected once, unless the initial
information collected becomes stale or unreliable due to the great length of time between when
the initial information was collected and the final agency action is taken.
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
document;
 requiring respondents to retain records, other than health, medical, government
contract, grant-in-aid, or tax records, for more than three years;

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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 carry out its responsibilities, the Commission requires several copies of a prepared

NEPA document – a few for its own use and several copies to be made available to the public in
several locations.
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 CFR 1320.8(d), soliciting
comments on the information collection prior to submission to OMB. Summarize public
comments 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 3 years - even if the
collection of information activity is the same as in prior periods. There may be
circumstances that may preclude consultation in a specific situation. These
circumstances should be explained.
On July 8, 2013, a notice containing the information collection renewals was published in
the Federal Register allowing the public an opportunity to comment on the requirements. (78 FR
40766, July 8, 2013). The public comment period closed on September 6, 2013. No public
comments were received.
The Commission contacted the last four tribes that have submitted either an EA or EIS,
and laid out the submission requirements, but did not provide its own estimates to the tribes. The

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Commission asked the tribes to provide annual hourly estimates required to perform the task, as
well as any cost estimates. However, the tribal gaming commissions and/or tribal gaming
operators contacted stated that they could not accurately estimate how many hours an
environmental consulting firm might spend completing their NEPA documents. The only
information that they could accurately provide is how much time they spent in preparing to hire
the firms, how much they paid the environmental consulting firms, and how much time they
spent submitting the completed NEPA documents to the Commission. The Commission has
adjusted its previous estimates accordingly.
9. Explain any decision to provide any payment or gift to respondents, other than
reenumeration of contractors or grantees.  
Not applicable. The NIGC does not provide any payment or gift to respondents.
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, 16 U.S.C. 470, et seq., some
of the information collected and used in a NEPA document may be considered confidential and
may be withheld from public disclosure.
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. No sensitive questions are asked.
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
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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 in Item 13 of OMB
Form 83-I.
Provide estimates of annualized cost 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
13.  
The table below shows the Commission’s estimated hourly burdens and the hourly cost

burdens for respondents. The average hours per response and average hourly rates were provided
by the tribal gaming commissions and/or tribal gaming operators.
ESTIMATED ANNUAL BURDEN TOTALS
FREQUENCY
AVERAGE AVERAGE
NUMBER OF
OF
TOTAL
HOURS
HOURLY
CFR CITE/
ANNUAL
RESPONSES ANNUAL
PER
RATE
TOTAL TOTAL
COLLECTION RESPONDENTS PER YEAR RESPONSES RESPONSE
HOURS WAGES

EA
EIS

1

Varies

1

2.5

$150

2.5

$375

2

Varies

2

12

$170

24

$4,080

TOTAL

3

Varies

3

26.5

$4,455

13. Provide an estimate for 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 descriptions 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 collections services should be a part of this cost burden
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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 economic 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.  
The total dollar cost for this information collection is the estimated amount that the tribes

will pay to outside environmental consulting firms to prepare the NEPA documents for
submission to the Commission.
ESTIMATED ANNUAL BURDEN TOTALS
NUMBER OF
ANNUAL
RESPONDENTS

FREQUENCY
OF RESPONSE
PER YEAR

TOTAL
ANNUAL
RESPONSES

AVERAGE
ANNUAL
COSTS

EA
EIS

1
2

Varies
Varies

1
2

$238,132
$7,304,277

TOTAL

3

Varies

3

CFR CITE/
COLLECTION

TOTAL
COSTS

$238,132
$14,608,554
$14,846,686

14. Provide estimates of annualized costs 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 may also aggregate cost estimates from Items 12, 13, and 14 in a
single table.  
The Commission determined its cost and burden hour estimates based on the fact that it is
now contracting with another federal agency for the complete review of the submitted NEPA
documents. The total agency cost is based on the contract price for the review of three
submissions per year.

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ESTIMATED ANNUAL AGENCY BURDEN TOTALS
NUMBER OF
FREQUENCY
TOTAL
REVIEW
CFR CITE/
ANNUAL
OF RESPONSE ANNUAL HOURS PER
COLLECTION RESPONDENTS
PER YEAR
RESPONSES RESPONSE

EA/EIS

3

Varies

3

TOTAL

3

Varies

3

0

TOTAL
HOURS

0
0

HOURLY
RATE

0

TOTAL
AGENCY
COSTS

$45,000
$45,000

15. Explain the reasons for any program changes or adjustments reported in Items 13 or 14
of the OMB Form 83-I.  
The Commission has made one program change i.e., the Commission has changed the
manner in how it reports the burden estimates for this collection. Specifically, the Commission
previously reported how many hours it might take an outside environmental consulting firm to
complete a NEPA document in place of the tribes completing the NEPA documents themselves.
However, even in previous approved requests, the tribal gaming commissions and/or tribal
gaming operators contacted could not accurately estimate how many hours an environmental
consulting firm would spend completing their NEPA documents. The only information that they
could accurately provide is how much time they spent in preparing to hire the firms, how much
they paid the environmental consulting firms, and how much time they spent submitting the
NEPA documents to the Commission. Thus, in order to report more accurate estimates, the
Commission has decided to report the dollar cost to the tribes for the preparation of those NEPA
documents instead of estimating how many hours a firm might spend to complete them. This
program change has resulted in an increase in the cost estimate (from $0 to $14,846,686 total to
hire outside environmental consulting firms), and a decrease in the number of estimated burden
hours (from 12,300 to 27).
After a review of its own records, the Commission has downwardly adjusted its total
annual responses from 7 to 3 based on the average number of NEPA document submissions for
the past three years.
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16. For collections of information whose results will be published, outline plans for
tabulation 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.  
The information collected is published at the conclusion of the NEPA process by making
the EA or EIS available to the public in places easily accessible to the public, including on the
internet. Because NEPA documents usually contain complex analytical techniques, the
Commission uses public information workshops to explain these techniques. These are ongoing
information collections with no ending date.
17. If seeking approval to not display the expiration date for OMB approval of the
information collection, explain the reasons that display would be inappropriate.  
Not applicable.
18. Explain each exception to the certification statement identified in Item 19,
“Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I.  
Not applicable. The NIGC certifies compliance with 5 CFR § 1320.9.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS  
This section is not applicable. Statistical methods are not being employed.

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