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 (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 requirement that Indian tribes that conduct class II
and/or class III gaming activities must pay annual fees to the
Commission on the basis of their respective assessable gross gaming
revenues, using rates established by the Commission. 25 U.S.C.
2717. These fees are used to fund the Commission’s performance of
its statutory duties. 25 U.S.C. 2717a.
US Code:
25
USC 2701 Name of Law: Indian Gaming Regulatory Act
The Commission has made one
program change. Since 2012 (when the previous burden estimates were
approved), the Commission has amended its regulations to require a
tribe to submit a notice within 30 days after a gaming operation
changes its fiscal year. This program change, however, did not
significantly impact the Commission’s estimated burdens, as it only
increased the estimated annual responses by two responses, and the
estimated burden hours by two hours. The Commission has made the
following adjustments to its estimated burdens: (a) the Commission
has increased the number of estimated annual responses from 66,200
to 71,375. This current estimate is based on the average number of
annual submissions to the Commission for the past three years,
after a review of the Commission’s own records. The Commission
believes that the large increase in estimated annual responses is
market-driven. Since 2012, Indian gaming revenues in the U.S. have
increased by approximately $0.6 billion. This growth in the Indian
gaming industry has resulted in more gaming facilities opening
throughout the country (e.g., the number of respondents for § 514.6
increased from 422 to 434) and more tribes using the NIGC’s
voluntary fingerprint card processing services (e.g., the number of
respondents for § 514.15 increased from 192 to 215). The NIGC
received an average of 5,125 more fingerprint cards per year than
the 2012 estimates; (b) the Commission has increased the number of
estimated burden hours from 22,730 to 38,292.5. The biggest factor
for this increase was the result of tribal feedback. Although the
NIGC has not changed its fingerprint card submission requirements
since 2012 (when the previous burden estimates were approved),
based on tribal survey responses, the average hours per response
for submitting fingerprint cards rose from 0.3 hours to 0.5 hours.
Combine that increase with the fact that the NIGC received 5,125
more fingerprint cards than the 2012 estimates, it quickly adds up
to 34,818.5 burden hours just for the fingerprint card submissions;
and (c) the Commission has increased the estimated annual cost
burden from $0 to $1,467,585. The Commission believes that the
large increase in annual cost burden is due to estimation errors in
the previous request for renewal. While tribes have always paid a
fee to the NIGC and FBI to process fingerprint cards, those costs
were inadvertently omitted in 2012.
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
Fees FY Change Notice 514.7