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