Amongst other actions necessary to carry out the National Indian Gaming Commission's (NIGC) statutory duties, the Indian Gaming Regulatory 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. The Commission has promulgated parts 533, 535, and 537 of title 25, Code of Federal Regulations, to implement these statutory requirements.
US Code:
25 USC 2701
Name of Law: Indian Gaming Regulatory Act
The Commission has made one program change. The Commission previously included burden estimates for certain submission requirements (pursuant to former 25 CFR part 539), but has determined that, under 44 U.S.C. 3518(c)(1)(ii), these estimates were erroneously included because tribes, management contractors, and/or persons are not required to make these submissions unless and until the Commission has begun an administrative appeal action with regard to a specific management contract, or amendment thereto. This program change impacted the Commission's estimated burden totals, as it decreased the estimated annual responses by one response, and the estimated burden hours by 40 hours.
The Commission has made the following adjustments to its estimated burdens:
(a) the Commission has decreased the number of estimated annual responses from 183 to 43. This current estimate is based on the annual average number of submissions to the Commission for the past three years, after a review of the Commission's own records. The Commission believes that the large decrease in estimated annual responses is market-driven. A tribe and/or a management contractor does not have to make any submissions unless they enter into a new management contract or modify an existing contract, and/or there is a change in entities or individuals having a direct or indirect financial interest or management responsibility in an existing management contract. When fewer tribes enter into new management contracts or amend fewer approved contracts, the result is that there are fewer management contract-related submissions to the Commission;
(b) the Commission has decreased the number of estimated annual burden hours from 3,840 to 692. The Commission believes that the large decrease in estimated annual burden hours is market-driven, resulting from fewer management contract-related submissions. When there are fewer submissions, there are fewer burden hours required to make those submissions; and
(c) the Commission has increased the estimated annual cost burden from $0 to $500,000. The Commission believes that the large increase in annual cost burden is due to estimation errors in the previous request for renewal. While management contractors have always paid a fee to the NIGC to cover the Commission's costs necessary to perform background investigations on the individuals or entities directly or indirectly involved in the financial or management aspects of a gaming operation, those costs were inadvertently omitted in 2012 (when the previous burden estimates were approved).
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
80 FR 54586.pdf
Indian Gaming Management Contract Provisions 535.2