30-day FR Notice

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separate authorized aquatic survey/
monitoring activities and reporting from
the authorized terrestrial activities.
Newly assigned permit number
TE06447C would allow for the
continuation of presence/absence
surveys for pallid sturgeon in Montana
for the purpose of enhancing the
species’ survival.

comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.

Permit Application Number TE052627

Authority

Applicant: Toledo Zoological
Gardens, Toledo, OH.
The applicant requests a renewal to
propagate and rear Wyoming toad (Bufo
hemiophrys ssp. baxteri) for
reintroduction purposes to enhance the
species’ survival.

We provide this notice under section
10 of the Act (16 U.S.C. 1531 et seq.).
Michael G. Thabault,
Assistant Regional Director, Mountain-Prairie
Region.
[FR Doc. 2016–23231 Filed 9–26–16; 8:45 am]
BILLING CODE 4333–15–P

Permit Application Number TE04585C
Applicant: Fort Belknap Fish and
Wildlife Department, Harlem, MT.
The applicant requests the renewal of
their permit to continue presence/
absence surveys for black-footed ferrets
(Mustela nigripes) in Montana for the
purpose of enhancing the species’
survival.
Permit Application Number TE056003
Applicant: Detroit Zoological Society,
Royal Oak, MI.
The applicant requests a renewal to
propagate and rear Wyoming toad (Bufo
hemiophrys ssp. baxteri) for
reintroduction purposes to enhance the
species’ survival.
Permit Application Number TE06556C
Applicant: Bowen Collins and
Associates, Draper, UT.
The applicant requests a recovery
permit for presence/absence surveys for
Southwestern willow flycatcher
(Empidonax traillii extimus) in Utah to
enhance the species’ survival.
National Environmental Policy Act
The proposed activities in the
requested permits qualify as categorical
exclusions under the National
Environmental Policy Act, as provided
by Department of the Interior
implementing regulations in part 46 of
title 43 of the Code of Federal
Regulations (43 CFR 46.205, 46.210, and
46.215).
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Public Availability of Comments
All comments and materials we
receive in response to these requests
will be available for public inspection,
by appointment, during normal business
hours at the address listed above in
ADDRESSES.
Before including your address, phone
number, email address, or other
personal identifying information in your

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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Submission of Information Collections
Under the Paperwork Reduction Act
National Indian Gaming
Commission, Interior.
ACTION: Second notice and request for
comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, the
National Indian Gaming Commission
(NIGC or Commission) is announcing its
submission, concurrently with the
publication of this notice or soon
thereafter, of the following information
collection requests to the Office of
Management and Budget (OMB) for
review and approval.
The Commission is seeking comments
on the renewal of information
collections for the following activities:
(i) Compliance and enforcement actions
under the Indian Gaming Regulatory Act
as authorized by OMB Control Number
3141–0001; (ii) tribal gaming ordinance
approvals, background investigations,
and issuance of licenses as authorized
by OMB Control Number 3141–0003;
(iii) National Environmental Policy Act
submissions as authorized by OMB
Control Number 3141–0006; and (iv)
issuance to tribes of certificates of selfregulation for class II gaming as
authorized by OMB Control Number
3141–0008. These information
collections all expire on October 31,
2016.

SUMMARY:

The OMB has up to 60 days to
approve or disapprove the information
collection requests, but may respond
after 30 days. Therefore, public
comments should be submitted to OMB
by no later than October 27, 2016 in
order to be assured of consideration.

DATES:

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Submit comments directly
to OMB’s Office of Information and
Regulatory Affairs, Attn: Policy Analyst/
Desk Officer for the National Indian
Gaming Commission. Comments can
also be emailed to OIRA_Submission@
omb.eop.gov, include reference to
‘‘NIGC PRA Renewals’’ in the subject
line.
FOR FURTHER INFORMATION CONTACT: For
further information, including copies of
the proposed collections of information
and supporting documentation, contact
Tim Osumi at (202) 632–7054; fax (202)
632–7066 (not toll-free numbers). You
may also review these information
collection requests by going to http://
www.reginfo.gov (Information Collection
Review, Currently Under Review,
Agency: National Indian Gaming
Commission).
SUPPLEMENTARY INFORMATION:
ADDRESSES:

I. Abstract
The gathering of this information is in
keeping with the purposes of the Indian
Gaming Regulatory Act of 1988 (IGRA or
the Act), Public Law 100–497, 25 U.S.C.
2701, et seq., which include: Providing
a statutory basis for the operation of
gaming by Indian tribes as a means of
promoting tribal economic
development, self-sufficiency, and
strong tribal governments; ensuring that
the Indian tribe is the primary
beneficiary of the gaming operation; and
declaring that the establishment of
independent federal regulatory
authority for gaming on Indian lands,
the establishment of federal standards
for gaming on Indian lands, and the
establishment of the Commission, are
necessary to meet congressional
concerns regarding gaming and to
protect such gaming as a means of
generating tribal revenue. 25 U.S.C.
2702. The Act established the
Commission and laid out a
comprehensive framework for the
regulation of gaming on Indian lands.
II. Data
Title: Indian Gaming Compliance and
Enforcement.
OMB Control Number: 3141–0001.
Brief Description of Collection:
Although IGRA places primary
responsibility with the tribes for
regulating their gaming activities, 25
U.S.C. 2706(b) directs the Commission
to monitor gaming conducted on Indian
lands on a continuing basis. Amongst
other actions necessary to carry out the
Commission’s statutory duties, the Act
authorizes the Commission to access
and inspect all papers, books, and
records relating to gross revenues of a
gaming operation. The Act also requires

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tribes to provide the Commission with
annual independent audits of their
gaming operations, including audits of
all contracts in excess of $25,000. 25
U.S.C. 2710(b)(2)(C), (D);
2710(d)(1)(A)(ii). The Act also
authorizes the Commission to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). Part 571 of title 25, Code of
Federal Regulations, implements these
statutory requirements.
Section 571.7(a) requires Indian
gaming operations to keep/maintain
permanent books of account and records
sufficient to establish the amount of
gross and net income, deductions and
expenses, receipts and disbursements,
and other relevant financial
information. Section 571.7(c) requires
that these records be kept for at least
five years. Under § 571.7(b), the
Commission may require a gaming
operation to submit statements, reports,
accountings, and specific records that
will enable the NIGC to determine
whether or not such operation is liable
for fees payable to the Commission (and
in what amount). Section 571.7(d)
requires a gaming operation to keep
copies of all enforcement actions that a
tribe or a state has taken against the
operation.
Section 571.12 requires tribes to
prepare comparative financial
statements covering all financial
activities of each class II and class III
gaming operation on the tribe’s Indian
lands, and to engage an independent
certified public accountant to provide
an annual audit of the financial
statements of each gaming operation.
Section 571.13 requires tribes to prepare
and submit to the Commission two
paper copies or one electronic copy of
the financial statements and audits,
together with management letter(s) and
other documented auditor
communications and/or reports as a
result of the audit, setting forth the
results of each fiscal year. The
submission must be sent to the
Commission within 120 days after the
end of the fiscal year of each gaming
operation, including when a gaming
operation changes its fiscal year or
when gaming ceases to operate. Section
571.14 requires tribes to reconcile
quarterly fee reports with audited
financial statements and to keep/
maintain this information to be
available to the NIGC upon request in
order to facilitate the performance of
compliance audits.
This information collection is
mandatory and allows the Commission
to fulfill its statutory responsibilities

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under IGRA to regulate gaming on
Indian lands.
Respondents: Indian tribal gaming
operations.
Estimated Number of Respondents:
931.
Estimated Annual Responses: 931.
Estimated Time per Response:
Depending on the type of information
collection, the range of time can vary
from 40 burden hours to 1,105 burden
hours for one item.
Frequency of Responses: 1 per year.
Estimated Total Annual Burden
Hours on Respondents: 406,905.
Estimated Total Non-hour Cost
Burden: $34,349,884.
Title: Approval of Class II and Class
III Ordinances, Background
Investigations, and Gaming Licenses.
OMB Control Number: 3141–0003.
Brief Description of Collection: The
Act sets standards for the regulation of
gaming on Indian lands, including
requirements for the approval or
disapproval of tribal gaming ordinances.
Specifically, § 2705(a)(3) requires the
NIGC Chair to review all class II and
class III tribal gaming ordinances.
Section 2710 sets forth the specific
requirements for the tribal gaming
ordinances, including the requirement
that there be adequate systems in place:
To cause background investigations to
be conducted on individuals in key
employee and primary management
official (PMO) positions
(§ 2710(b)(2)(F)(i)); and to provide two
prompt notifications to the Commission,
including one containing the results of
the background investigations before the
issuance of any gaming licenses, and the
other one of the issuance of such gaming
licenses to key employees and PMOs
(§ 2710(b)(2)(F)(ii)). In addition,
§ 2710(d)(2)(D)(ii) requires tribes who
have, in their sole discretion, revoked
any prior class III ordinance or
resolution to submit a notice of such
revocation to the NIGC Chair. The Act
also authorizes the Commission to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). Parts 519, 522, 556, and 558
of title 25, Code of Federal Regulations,
implement these statutory requirements.
Sections 519.1 and 519.2 require a
tribe, management contractor, and a
tribal operator to designate an agent for
service of process, and § 522.2(g)
requires it to be submitted by written
notification to the Commission. Section
522.2(a) requires a tribe to submit a
copy of an ordinance or resolution
certified as authentic, and that meets the
approval requirements in 25 CFR
522.4(b) or 522.6. Sections 522.10 and
522.11 require tribes to submit,

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respectively, an ordinance for the
licensing of individually owned gaming
operations other than those operating on
September 1, 1986, and for the licensing
of individually owned gaming
operations operating on September 1,
1986. Section 522.3(a) requires a tribe to
submit an amendment to an ordinance
or resolution within 15 days after
adoption of such amendment.
Section 522.2(b)–(h) requires tribes to
submit to the Commission: (i)
Procedures that the tribe will employ in
conducting background investigations
on key employees and PMOs, and to
ensure that key employees and PMOs
are notified of their rights under the
Privacy Act; (ii) procedures that the
tribe will use to issue licenses to key
employees and PMOs; (iii) copies of all
tribal gaming regulations; (iv) a copy of
any applicable tribal-state compact or
procedures as prescribed by the
Secretary of the Interior; (v) procedures
for resolving disputes between the
gaming public and the tribe or the
management contractor; and (vi) the
identification of the law enforcement
agent that will take fingerprints and the
procedures for conducting criminal
history checks, including a check of
criminal history records information
maintained by the Federal Bureau of
Investigation. Section 522.3(b) requires
a tribe to submit any amendment to
these submissions within 15 days after
adoption of such amendment. Section
522.12(a) requires a tribe to submit to
the Commission a copy of an authentic
ordinance revocation or resolution.
Section 556.4 requires tribes to
mandate the submission of the
following information from applicants
for key employee and PMO positions: (i)
Name(s), Social Security number(s),
date and place of birth, citizenship,
gender, and languages; (ii) present and
past business and employment
positions, ownership interests, business
and residential addresses, and driver’s
license number(s); (iii) the names and
addresses of personal references; (iv)
current business and personal telephone
numbers; (v) a description of any
existing and previous business
relationships with Indian tribes,
including ownership interests; (vi) a
description of any existing and previous
business relationships with the gaming
industry generally, including ownership
interests; (vii) the name and address of
any licensing/regulatory agency with
which the person has filed an
application for a license or permit
related to gaming, even if the license or
permit was not granted; (viii) for each
ongoing felony prosecution or
conviction, the charge, the name and
address of the court, and the date and

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disposition, if any; (ix) for each
misdemeanor conviction or ongoing
prosecution within the past 10 years,
the name and address of the court and
the date and disposition; (x) for each
criminal charge in the past 10 years that
is not otherwise listed, the criminal
charge, the name and address of the
court, and the date and disposition; (xi)
the name and address of any licensing/
regulatory agency with which the
person has filed an application for an
occupational license or permit, even if
the license or permit was not granted;
(xii) a photograph; and (xiii)
fingerprints. Sections 556.2 and 556.3
require tribes to place a specific Privacy
Act notice on their key employee and
PMO applications, and to warn
applicants regarding the penalty for
false statements by also placing a
specific false statement notice on their
applications.
Sections 556.6(a) and 558.3(e) require
tribes to keep/maintain the individuals’
complete application files, investigative
reports, and eligibility determinations
during their employment and for at least
three years after termination of their
employment. Section 556.6(b)(1)
requires tribes to create and maintain an
investigative report on each background
investigation that includes: (i) The steps
taken in conducting a background
investigation; (ii) the results obtained;
(iii) the conclusions reached; and (iv)
the basis for those conclusions. Section
556.6(b)(2) requires tribes to submit, no
later than 60 days after an applicant
begins work, a notice of results of the
applicant’s background investigation
that includes: (i) The applicant’s name,
date of birth, and Social Security
number; (ii) the date on which the
applicant began or will begin work as a
key employee or PMO; (iii) a summary
of the information presented in the
investigative report; and (iv) a copy of
the eligibility determination.
Section 558.3(b) requires a tribe to
notify the Commission of the issuance
of PMO and key employee licenses
within 30 days after such issuance.
Section 558.3(d) requires a tribe to
notify the Commission if the tribe does
not issue a license to an applicant, and
requires it to forward copies of its
eligibility determination and notice of
results to the Commission for inclusion
in the Indian Gaming Individuals
Record System. Section 558.4(e)
requires a tribe, after a gaming license
revocation hearing, to notify the
Commission of its decision to revoke or
reinstate a gaming license within 45
days of receiving notification from the
Commission that a specific individual
in a PMO or key employee position is
not eligible for continued employment.

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These information collections are
mandatory and allow the Commission to
carry out its statutory duties.
Respondents: Indian tribal gaming
operations.
Estimated Number of Respondents:
1,597.
Estimated Annual Responses:
202,509.
Estimated Time per Response:
Depending on the type of information
collection, the range of time can vary
from 1.0 burden hour to 1,483 burden
hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden
Hours on Respondents: 1,121,340.
Estimated Total Non-hour Cost
Burden: $3,070,189.
Title: NEPA Compliance.
OMB Control Number: 3141–0006.
Brief Description of Collection: The
National Environmental Policy Act
(NEPA), 42 U.S.C. 4321, et seq., and the
Council on Environmental Quality’s
(CEQ) implementing regulations, require
federal agencies to prepare (or cause to
be prepared) environmental documents
for agency actions that may have a
significant impact on the environment.
Under NEPA, an Environmental
Assessment (EA) must be prepared
when the agency action cannot be
categorically excluded, or the
environmental consequences of the
agency action will not result in a
significant impact or the environmental
impacts are unclear and need to be
further defined. An Environmental
Impact Statement (EIS) must be
prepared when the agency action will
likely result in significant impacts to the
environment.
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the Act requires the NIGC Chair
to review and approve third-party
management contracts that involve the
operation of tribal gaming facilities. 25
U.S.C. 2711. The Commission has taken
the position that the NEPA process is
triggered when a tribe and a potential
contractor seek approval of a
management contract. Normally, an EA
or EIS and its supporting documents are
prepared by an environmental
consulting firm and submitted to the
Commission by the tribe. In the case of
an EA, the Commission independently
evaluates the NEPA document, verifies
its content, and assumes responsibility
for the accuracy of the information
contained therein. In the case of an EIS,
the Commission directs and is
responsible for the preparation of the
NEPA document, but the tribe or
potential contractor is responsible for
paying for the preparation of the
document. The information collected

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includes, but is not limited to, maps,
charts, technical studies,
correspondence from other agencies
(federal, tribal, state, and local), and
comments from the public. These
information collections are mandatory
and allow the Commission to carry out
its statutory duties.
Respondents: Tribal governing bodies,
management contractors.
Estimated Number of Respondents: 3.
Estimated Annual Responses: 3.
Estimated Time per Response:
Depending on whether the response is
an EA or an EIS, the range of time can
vary from 2.5 burden hours to 12.0
burden hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden
Hours on Respondents: 26.5.
Estimated Total Non-hour Cost
Burden: $14,846,686.
Title: Issuance of Certificates of SelfRegulation to Tribes for Class II Gaming.
OMB Control Number: 3141–0008.
Brief Description of Collection: The
Act sets the standards for the regulation
of Indian gaming, including a
framework for the issuance of
certificates of self-regulation for class II
gaming operations to tribes that meet
certain qualifications. Specifically, 25
U.S.C. 2710(c) authorizes the
Commission to issue a certificate of selfregulation if it determines that a tribe
has: (i) Conducted its gaming activity in
a manner that has resulted in an
effective and honest accounting of all
revenues, in a reputation for safe, fair,
and honest operation of the activity, and
has been generally free of evidence of
criminal or dishonest activity; (ii)
adopted and is implementing adequate
systems for the accounting of all
revenues from the activity, for the
investigation, licensing, and monitoring
of all employees of the gaming activity,
and for the investigation, enforcement,
and prosecution of violations of its
gaming ordinance and regulations; and
(iii) conducted the operation on a
fiscally and economically sound basis.
The Act also authorizes the Commission
to ‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). Part 518 of title 25, Code of
Federal Regulations, implements these
statutory requirements.
Section 518.3(e) requires a tribe’s
gaming operation(s) and the tribal
regulatory body (TRB) to have kept all
records needed to support the petition
for self-regulation for the three years
immediately preceding the date of the
petition submission. Section 518.4
requires a tribe petitioning for a
certificate of self-regulation to submit
the following to the Commission,

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accompanied by supporting
documentation: (i) Two copies of a
petition for self-regulation approved by
the tribal governing body and certified
as authentic; (ii) a description of how
the tribe meets the eligibility criteria in
§ 518.3; (iii) a brief history of each
gaming operation, including the
opening dates and periods of voluntary
or involuntary closure(s); (iv) a TRB
organizational chart; (v) a brief
description of the criteria that
individuals must meet before being
eligible for employment as a tribal
regulator; (vi) a brief description of the
process by which the TRB is funded,
and the funding level for the three years
immediately preceding the date of the
petition; (vii) a list of the current
regulators and TRB employees, their
complete resumes, their titles, the dates
that they began employment, and if
serving limited terms, the expiration
date of such terms; (viii) a brief
description of the accounting system(s)
at the gaming operation that tracks the
flow of the gaming revenues; (ix) a list
of the gaming activity internal controls
at the gaming operation(s); (x) a
description of the recordkeeping
system(s) for all investigations,
enforcement actions, and prosecutions
of violations of the tribal gaming
ordinance or regulations, for the threeyear period immediately preceding the
date of the petition; and (xi) the tribe’s
current set of gaming regulations, if not
included in the approved tribal gaming
ordinance. Section 518.10 requires each
Indian gaming tribe that has been issued
a certificate of self-regulation to submit
to the Commission the following
information by April 15th of each year
following the first year of selfregulation, or within 120 days after the
end of each gaming operation’s fiscal
year: (i) An annual independent audit;
and (ii) a complete resume for all TRB
employees hired and licensed by the
tribe subsequent to its receipt of a
certificate of self-regulation.
Submission of the petition and
supporting documentation is voluntary.
Once a certificate of self-regulation has
been issued, the submission of certain
other information is mandatory.
Respondents: Tribal governments.
Estimated Number of Respondents: 7.
Estimated Annual Responses: 7.
Estimated Time per Response:
Depending on the information
collection, the range of time can vary
from 3.66 burden hours to 1,940 burden
hours for one item.
Frequency of Responses: One per
year.
Estimated Total Annual Burden
Hours on Respondents: 2,092.

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Estimated Total Non-hour Cost
Burden: $821,545.
III. Request for Comments
Regulations at 5 CFR part 1320, which
implement provisions of the Paperwork
Reduction Act, require that interested
members of the public have an
opportunity to comment on an agency’s
information collection and
recordkeeping activities. See 5 CFR
1320.8(d). To comply with the public
consultation process, the Commission
previously published its 60-day notice
of its intent to submit the abovementioned information collection
requests to OMB for approval. See 81 FR
36322 (June 6, 2016). The Commission
did not receive any comments in
response to that notice and request for
comments.
The Commission will submit the
preceding requests to OMB to renew its
approval of the information collections.
The Commission is requesting a threeyear term of approval for each of these
information collection and
recordkeeping activities.
You are again invited to comment on
these collections concerning: (i)
Whether the collections of information
are necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(ii) the accuracy of the agency’s
estimates of the burdens (including the
hours and cost) of the proposed
collections of information, including the
validity of the methodologies and
assumptions used; (iii) ways to enhance
the quality, utility, and clarity of the
information to be collected; (iv) ways to
minimize the burdens of the
information collections on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
collection techniques or forms of
information technology. It should be
noted that as a result of the Commission
reviewing its own records that track the
number of tribal and/or management
contractor submissions and after
surveying tribal gaming operators, tribal
gaming regulatory authorities, and/or
management contractors regarding the
Commission’s submission and
recordkeeping requirements, many of
the previously published burden
estimates have changed since the
publication of the Commission’s 60-day
notice on June 6, 2016. If you wish to
comment in response to this notice, you
may send your comments to the office
listed under the ADDRESSES section of
this notice by October 27, 2016.
Comments submitted in response to
this second notice will be summarized

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and become a matter of public record.
The NIGC will not request nor sponsor
a collection of information, and you
need not respond to such a request, if
there is no valid OMB Control Number.
Dated: September 21, 2016.
Shannon O’Loughlin,
Chief of Staff.
[FR Doc. 2016–23221 Filed 9–26–16; 8:45 am]
BILLING CODE 7565–01–P

DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–NCR–CHOH–21883]; [PPNCCHOHS0–
PPMPSPD1Z.YM0000]

Notice of October 6, 2016, Meeting of
the Chesapeake and Ohio Canal
National Historical Park Commission
National Park Service, Interior.
ACTION: Meeting notice.
AGENCY:

This notice sets forth the
meeting date of the Chesapeake and
Ohio Canal National Historical Park
Commission.

SUMMARY:

The public meeting of the
Chesapeake and Ohio Canal National
Historical Park Commission will be held
on Thursday, October 6, 2016, at 9:00
a.m. (EASTERN).
ADDRESSES: The meeting of the
Commission will be held on Thursday,
October 6, 2016, at 9:00 a.m., in the
second floor conference room at park
headquarters, 1850 Dual Highway, Suite
100, Hagerstown, Maryland 21740.
FOR FURTHER INFORMATION CONTACT:
Kevin D. Brandt, Superintendent and
Designated Federal Officer, Chesapeake
and Ohio Canal National Historical
Park, 1850 Dual Highway, Suite 100,
Hagerstown, Maryland, 21740–6620, or
by email [email protected].
SUPPLEMENTARY INFORMATION: The
Commission is established by Section 6
of the Chesapeake and Ohio Canal
Development Act (16 U.S.C. 410y–4),
Public Law 91–664, 84 Stat. 1978
(1971), as amended, and is regulated by
the Federal Advisory Committee Act, as
amended, 5 U.S.C. Appendix 1–16. The
purpose of the Commission is to consult
with the Secretary of the Interior, or her
designee, with respect to matters
relating to the development of the
Chesapeake and Ohio Canal National
Historical Park, and with respect to
carrying out the provisions of section 6
establishing the Canal.
The agenda for the meeting is as
follows:
1. Welcome and Introductions
DATES:

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