Fees

Forms and Documents

Document Name	Status
2022.06.21 30Day.pdf Supplementary Document	2022-06-27
2022.03.29 2022-03 Fed Reg Notice, PRA.pdf Supplementary Document	2022-06-27
2022_3141-0007 SUPPORTING STATEMENT_TO.docx Supporting Statement A	2022-06-27

IC Document Collections

IC ID	Document Title	Status
218605	Fees FY Change Notice 514.7	Modified
204750	Fingerprint Cards 514.15	Modified
204749	Fee Worksheets 514.6	Modified

ICR Details

OMB Control No: 3141-0007	ICR Reference No: 202206-3141-002
Status: Received in OIRA	Previous ICR Reference No: 201809-3141-002
Agency/Subagency: NIGC	Agency Tracking No:
Title: Fees
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/27/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2022
Responses	60,826	74,706
Time Burden (Hours)	33,886	47,498
Cost Burden (Dollars)	1,649,004	1,312,857

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Abstract: The Indian Gaming Regulatory Act (IGRA or the Act), Public Law 100–497, 25 U.S.C. 2701, et seq., was signed into law on October 17, 1988. The Act established the National Indian Gaming Commission (Commission) and set out a comprehensive framework for the regulation of gaming on Indian lands. The Act sets standards for the regulation of Indian gaming, including the requirement that Indian tribes that conduct class II and/or class III gaming activities must pay annual fees to the Commission on the basis of their respective assessable gross gaming revenues, using rates established by the Commission. 25 U.S.C. 2717. These fees are used to fund the Commission’s performance of its statutory duties. 25 U.S.C. 2717a.

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Authorizing Statute(s): US Code: 25 USC 2701 Name of Law: Indian Gaming Regulatory Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 18033	03/03/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 36879	06/21/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Fee Worksheets 514.6
Fees FY Change Notice 514.7
Fingerprint Cards 514.15

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	60,826	74,706	0	0	-13,880	0
Annual Time Burden (Hours)	33,886	47,498	0	0	-13,612	0
Annual Cost Burden (Dollars)	1,649,004	1,312,857	0	0	336,147	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: It should be cautioned 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 different Tribal governance practices and 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 consultants has limited value and it would be improper to extrapolate from these burden estimates any definitive trends. It should also be noted that, in previous years, the NIGC did not break out wage costs in its data. This deficiency was identified in the previous review process and has now been rectified, however, because these costs were previously lumped together, it is not possible to make direct caparisons between costs this review cycle. Overall, this past cycle saw a decrease in burden hours. This would be due to the fact that the gaming industry was substantially affected by the COVID-19 pandemic and the temporary closures of gaming operations for a period of time during the pandemic. The estimated dollar cost for information collection under Section 514.15 of title 25 saw a particularly marked increase this cycle and this was due to two factors: 1) The cost of processing fingerprints for background checks increased and from $18 last cycle to $28 this cycle. 2) Previous estimates calculated the cost of fingerprint submissions as equal to the total fees paid for the submissions, however, the wage cost for the task of submitting the fingerprints should have been included and, in this cycle, they were added in and this has resulted in a substantial increase in the overall cost estimate.

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Annual Cost to Federal Government: $157,564

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 06/27/2022

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