Amongst other actions necessary to carry out the National Indian Gaming Commission's (NIGC) statutory duties, the Indian Gaming Regulatory Act directs the Commission to monitor class II gaming conducted on Indian lands on a continuing basis in order to ensure that the Indian tribe is the primary beneficiary of the gaming operation and to protect such gaming as a means of generating tribal revenue, and to assure that gaming is conducted fairly and honestly by both the operator and players. The Commission has established minimum internal control standards to aid it in monitoring class II gaming on a continuing basis.
US Code:
25 USC 2701
Name of Law: Indian Gaming Regulatory Act
The Commission has made several program changes:
(a) since 2012 (when the previous burden estimates were approved), the Commission has amended its regulations to require a TGRA to submit a notice to the Commission that it is extending the deadline (by an additional six months) to achieve compliance with the requirements of the new tier after a gaming operation has moved from one tier to another. This program change, however, did not significantly impact the Commission's estimated burdens, as it only increased the estimated annual responses by one response, and the estimated burden hours by one hour;
(b) since 2012, the Commission has amended its regulations to require a TGRA to submit a detailed report after the TGRA has approved an alternate standard to any of the NIGC MICS. This program change had an impact on the Commission's estimated burdens, as it increased the estimated annual responses by one response, and the estimated burden hours by 108 hours;
(c) the Commission did not previously include the hourly burden estimates for certain recordkeeping functions (§ 543.23(c)), as it previously considered them customary and usual business practices. However, the Commission is now including the burdens for these recordkeeping and administrative functions because, while most gaming operations would probably maintain certain of these records, it is possible that not every operation would do so according to the standards set forth in the NIGC regulations; and
(d) the Commission has changed the manner in how it reports some of the burden estimates for this collection. Specifically, the Commission previously reported how many hours it might take an independent CPA to perform an AUP assessment and complete a report. However, tribes are not allowed to submit AUP assessment reports that they have themselves completed, but are instead required by NIGC regulations to engage outside, independent CPAs. Thus, the Commission is now only reporting the estimated burden hours that it takes a tribe and/or TGRA to submit two copies of the AUP assessment report to the Commission, as well as the estimated annual dollar cost that the tribes will have to pay to engage independent CPAs to perform AUP assessments of approximately 416 gaming operations.
The Commission has made the following adjustments to its estimated burdens:
(a) the Commission has increased the number of estimated annual responses from 368 to 834. This is based on a combination of the above-mentioned program changes;
(b) the Commission has decreased the number of estimated annual burden hours from 40,538 to 11,341. This is based on a combination of the above-mentioned program changes; and
(c) the Commission has increased the estimated annual cost burden from $0 to $8,736,040. This is based on a combination of the above-mentioned program changes.
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
MICS 543.23(c)