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.
Inventory as of this Action
Requested
Previously Approved
06/30/2023
36 Months From Approved
06/30/2020
220,461
0
202,509
972,378
0
1,121,341
1,287,967
0
3,070,189
This information is used by the Commission to approve ordinances and regulate licensing under the Indian Gaming Regulatory Act in accordance with its statutory authority.
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 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 five tribal gaming tribal gaming executive directors and/or tribal attorneys. Based on this tribal feedback, the Commission has made adjustments to its estimated burdens.
The estimated total annual burden hours have been revised downward by approximately 17%. This decrease is primarily due to the decrease (across the board) of the average hours per response for complying with the regulation requirements. It is likely that these decreases (in the average hours per response) are due to the maturation of the Indian gaming industry. For example, comparatively few tribes are just now breaking into the gaming industry and seeking approval of a new gaming ordinance. Instead, most tribes are simply submitting amendments to a previously approved ordinance and the process of approving an amending ordinance will generally be far less time intensive and costly than approving one that has been newly created.
The estimated annual total cost estimate has been adjusted downward by almost 60%. This appears to be primarily due to the fact that the previous estimates included large sub-estimate costs associated with the applicant background investigation process. It is suspected that these sub-estimates may have been wage labor costs that are now being captured in that proper (âwage costâ) designated category. Indeed, all the tribes consulted confirmed that they conducted applicant background checks using internal resources and did not sub-contract the investigative labor. In fact, the only category of costs that our consultants flagged (besides outsourcing legal assistance for ordinance submissions) was the cost of submitting applicant fingerprints for criminal history checks.
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.
2019.12.26 Notice.pdf
2019_SS_3141-0003_FINAL_amended.docx
Ordinances, Background Investigations, and Licenses 558.4(e)