Amongst other actions necessary to carry out the National Indian Gaming Commission's (NIGC) statutory duties, the Indian Gaming Regulatory Act requires Indian tribes that conduct class II and/or class III gaming to issue "a separate license ⦠for each place, facility, or location on Indian lands at which class II [and class III] gaming is conducted," and to ensure that "the construction and maintenance of the gaming facilities, and the operation of that gaming is conducted in a manner which adequately protects the environment and public health and safety." The Commission has promulgated part 559 of title 25, Code of Federal Regulations, to implement these requirements.
US Code:
25 USC 2701
Name of Law: Indian Gaming Regulatory Act
The Commission has made one program change. In 2012 (when the previous burden estimates were approved), the Commission had just completed making wholesale amendments to 25 CFR part 559. Because certain of these information collection activities are intertwined, the Commission counted all of the following submission and recordkeeping requirements as one total response: (i) a submission of a copy of each newly issued or renewed facility license
(§ 559.3); (ii) a submission of an EPHS attestation (§ 559.4); and (iii) recordkeeping of applicable Indian lands or EPHS documentation (§ 559.6). Since 2012, the Commission has determined that these submission and recordkeeping activities are separate requirements and should each count as a separate annual response.
The Commission has made the following adjustments to its estimated burdens:
(a) the Commission has increased the number of estimated annual responses from 143 to 269. 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 increase in estimated annual responses is due to the above program change. For example, the number of annual responses that resulted from the program change for just these three requirements rose from 111 to 243;
(b) the Commission has increased the number of estimated burden hours from 452 to 2,232. Although the NIGC has not changed its submission requirements since 2012 (when the previous burden estimates were approved), based on tribal survey responses, the average review hours per response rose as follows: (i) for submitting new facility opening notices, the burden rose from 10.0 hours to 13.0 hours; and (ii) for submitting a copy of each newly issued or renewed facility license, an EPHS attestation, and the recordkeeping of applicable Indian lands or EPHS documentation, the burden rose from 2.0 hours for all three requirements to 24.0 total hours. The Commission believes that the large increase in burden hours is due to estimation errors in the previous request for renewal, as well as the result of recent tribal feedback; and
(c) the Commission has increased the estimated annual cost burden from $0 to $6,663. The biggest factor for this increase was the result of tribal feedback, with many tribes specifying that their charges were commercial shipping charges.
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
Facility License Recordkeeping 559.6