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
05/31/2020
8
0
3
43
0
27
494,132
0
14,846,686
Pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321, et seq., federal agencies are required to prepare (or cause to be prepared) environmental documents for agency actions that may have a significant impact on the environment. 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 under 25 U.S.C. 2711.
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 2 tribal gaming financial directors and/or tribal gaming commissioners. Based on this tribal feedback, the Commission has made adjustments to its estimated burdens.
The estimated annual burden hour total has slightly increased, however, behind these numbers there is marked decline in EA/EIS burden hours and this is mainly due to two reasons: 1) the NEPA process for the construction of a gaming operation is sometimes triggered prior the NIGC action and, therefore, the NIGC is able to incorporate some of the time already invested in the NEPA process, and 2) there is a concomitant rise in handling NEPA requirements under the Categorical Exclusion process which, generally requires less investment of time than an EA or an EIS
The estimated annual total cost has been significantly reduced and this is primarily due to the fact that the estimated average cost of an EIS has been reduced from $7,304,277 to $256,000. Add to this, based on information gained since the last renewal cycle, the number of estimated total annual EA/EIS responses has been reduced 3 to 2 per annum.
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_3141-0006_FINAL_v2.docx
CATEX / Other