In accordance with 5 CFR 1320, the information collection is approved for three years. OMB requests that the agency consult with up to nine outside entities once every renewal, even if the collection of information has not changed. To estimate the burden hours in future renewals, NIGC should consider providing ranges in the collectionâs annual burden, historic data from stakeholders to support changes in collection burden, and/or proxies from other federal agencies with similar collections or respondents in the renewal.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
05/31/2023
36 Months From Approved
05/31/2020
723
0
931
127,489
0
406,905
35,033,688
0
34,349,884
The Indian Gaming Regulatory Act governs the regulation of gaming on Indian lands. IGRA created the National Indian Gaming Commission to carry out the Act's goals. This collection allows NIGC to perform its statutory duties.
US Code:
25 USC 2701
Name of Law: Indian Gaming Regulatory Act
It should be noted at the outset that tribal gaming operations and their business practices are unique to each gaming Tribe and influenced by many local, state, and regional factors. Tribal gaming facilities vary in size and complexity and range from small truck stops to world-class casino resorts. The amount of time and resources that gaming tribes expend fulfilling regulatory requirements can vary dramatically and is further complicated by their varying levels of investment in, and adoption of, new technologies and technical expertise. For these reasons, estimates provided by a statistically insignificant group of rotating tribal contacts has limited value and it would be improper to claim to be able to extrapolate from this feedback any definitive trends.
It should also be noted that, in previous years, the NIGC did not calculate and include wage costs in its data but it does so now and will continue doing this in all future renewals.
As mentioned in item number 8 of the Supplementary Statement, the Commission consulted with 6 tribal gaming financial directors and/or tribal gaming commissioners and based on this tribal feedback, the Commission made the adjustments to its estimated burdens:
It should be noted that the method for calculating the total annual responses for §571.12 was changed. In prior years, the NIGC had determined that the number of total annual responses equaled the total number of Indian gaming operations. Because tribes negotiate contracts for an independent audit on a tribal level (and not at the gaming operational level), the number of total annual responses was now set as equal to the number of gaming tribes (241), and not gaming operations. This decrease in the total annual responses was offset by the slight increase in average annual hours as reported by the consulted tribes so that, in sum, there was no dramatic change in estimated annual hours for this specific requirement from the last renewal cycle.
The estimated annual burden hour total has been significantly revised downwards from 406,905 to 127,489. This decrease continues the trend from the last renewal estimate cycle and, as before, is also primarily due to the decrease in the average hours per response for compliance with regulation §571.7. In looking at this trend, it is possible to surmise that, over time, as accounting practices in tribal gaming operations have become more established, tribal financial directors increasingly attribute their operationâs accounting practices less as a response to any one NIGC regulatory requirement and more as simply part of their customary business practices.
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.
NIGC 3141-0001 2019_SS_3141-0001_FINAL_v2.docx
2016.09.27_FedReg.pdf
Indian Gaming Compliance and Enforcement 571.13