The Indian Gaming Regulatory Act (IGRA or the Act), Public Law 100â497, 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 Commissionâs 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 Commissionâs 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 Commissionâs 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 NIGCâs 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