Fed Reg Notice 30 day

2022.06.21 30Day.pdf

Minimum Internal Control Standards for Class II Gaming

Fed Reg Notice 30 day

OMB: 3141-0009

Document [pdf]
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36878

Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Notices

plat of survey identified in the notice of
protest will be stayed pending
consideration of the protest. A plat of
survey will not be officially filed until
the next business day following
dismissal or resolution of all protests of
the plat.
Before including your address, phone
number, email address, or other
personal identifying information in a
notice of protest or statement of reasons,
you should be aware that the documents
you submit—including your personal
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information from public review, we
cannot guarantee that we will be able to
do so.
(Authority: 43 U.S.C., Chapter 3)
Mary J.M. Hartel,
Chief Cadastral Surveyor of Oregon/
Washington.
[FR Doc. 2022–13196 Filed 6–17–22; 8:45 am]
BILLING CODE 4310–33–P

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Renewals of Information Collections
Under the Paperwork Reduction Act
National Indian Gaming
Commission, Interior.
ACTION: Second notice of 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) Indian gaming
management contract-related
submissions, as authorized by Office of
Management and Budget (OMB) Control
Number 3141–0004 (expires on June 30,
2022); (ii) Indian gaming fee paymentsrelated submissions, as authorized by
OMB Control Number 3141–0007
(expires on June 30, 2022); (iii)
minimum internal control standards for
class II gaming submission and
recordkeeping requirements, as
authorized by OMB Control Number
3141–0009 (expires on June 30, 2022);
(iv) facility license-related submission
and recordkeeping requirements, as
authorized by OMB Control Number

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SUMMARY:

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3141–0012 (expires on June 30, 2022);
and (v) minimum technical standards
for class II gaming systems and
equipment submission and
recordkeeping requirements, as
authorized by OMB Control Number
3141–0014 (expires on June 30, 2022).
DATES: 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 July 21, 2022 in order to be assured
of consideration.
ADDRESSES: 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 information collection
requests and supporting documentation,
contact Tim Osumi at (202) 632–7003;
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:
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: Management Contract
Provisions.

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OMB Control Number: 3141–0004.
Brief Description of Collection: The
Indian Gaming Regulatory Act (IGRA or
the Act), Public Law 100–497, 25 U.S.C.
2701, et seq., established the National
Indian Gaming Commission (NIGC or
Commission) and laid out a
comprehensive framework for the
regulation of gaming on Indian lands.
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the Act requires the NIGC
Chairman to review and approve all
management contracts for the operation
and management of class II and/or class
III gaming activities, and to conduct
background investigations of persons
with direct or indirect financial interests
in, and management responsibility for,
management contracts. 25 U.S.C. 2710,
2711. The Commission is authorized to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). The Commission has
promulgated parts 533, 535, and 537 of
title 25, Code of Federal Regulations, to
implement these statutory requirements.
Section 533.2 requires a tribe or
management contractor to submit a
management contract for review within
60 days of execution, and to submit all
of the items specified in § 533.3. Section
535.1 requires a tribe to submit an
amendment to a management contract
within 30 days of execution, and to
submit all of the items specified in
§ 535.1(c). Section 535.2 requires a tribe
or a management contractor, upon
execution, to submit the assignment by
a management contractor of its rights
under a previously approved
management contract. Section 537.1
requires a management contractor to
submit all of the items specified in
§ 537.1(b),(c) in order for the
Commission to conduct background
investigations on: each person with
management responsibility for a
management contract; each person who
is a director of a corporation that is a
party to a management contract; the ten
persons who have the greatest direct or
indirect financial interest in a
management contract; any entity with a
financial interest in a management
contract; and any other person with a
direct or indirect financial interest in a
management contract, as otherwise
designated by the Commission. This
collection is mandatory, and the benefit
to the respondents is the approval of
Indian gaming management contracts,
and any amendments thereto.
Respondents: Tribal governing bodies
and management contractors.
Estimated Number of Respondents:
29.

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Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Notices
Estimated Annual Responses: 41
(submissions of contracts, contract
amendments, contract assignments, and
background investigation material).
Estimated Time per Response:
Depending on the type of submission,
the range of time can vary from 1.0
burden hours to 16.0 burden hours for
one item.
Frequency of Response: Usually no
more than once per year.
Estimated Total Annual Burden
Hours on Respondents: 401.
Estimated Total Non-hour Cost
Burden: $19,729.
Title: Fees.
OMB Control Number: 3141–0007.
Brief Description of Collection: The
Indian Gaming Regulatory Act (IGRA or
the Act), 25 U.S.C. 2701, et seq., laid out
a comprehensive framework for the
regulation of gaming on Indian lands.
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the Act requires Indian tribes
that conduct a class II and/or class III
gaming activity to pay annual fees to the
Commission on the basis of the
assessable gross revenues of each
gaming operation using rates established
by the Commission. 25 U.S.C. 2717. The
Commission is authorized to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). The Commission has
promulgated part 514 of title 25, Code
of Federal Regulations, to implement
these statutory requirements.
Section 514.6 requires a tribe to
submit, along with its fee payments,
quarterly fee statements (worksheets)
showing its assessable gross revenues
for the previous fiscal year in order to
support the computation of fees paid by
each gaming operation. Section 514.7
requires a tribe to submit a notice
within 30 days after a gaming operation
changes its fiscal year. Section 514.15
allows a tribe to submit fingerprint
cards to the Commission for processing
by the Federal Bureau of Investigation
(FBI), along with a fee to cover the
NIGC’s and FBI’s cost to process the
fingerprint cards on behalf of the tribes.
Part of this collection is mandatory and
the other part is voluntary. The required
submission of the fee worksheets allows
the Commission to both set and adjust
fee rates, and to support the
computation of fees paid by each
gaming operation. In addition, the
voluntary submission of fingerprint
cards allows a tribe to conduct
statutorily mandated background
investigations on applicants for key
employee and primary management
official positions.

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Respondents: Indian gaming
operations.
Estimated Number of Respondents:
698.
Estimated Annual Responses: 60,826.
Estimated Time per Response:
Depending on the type of submission,
the range of time can vary from 0.5
burden hours to 2.3 burden hours for
one item.
Frequency of Response: Quarterly (for
fee worksheets); varies (for fingerprint
cards and fiscal year change notices).
Estimated Total Annual Burden on
Respondents: 33,885.
Estimated Total Non-hour Cost
Burden: $ 1,649,004.
Title: Minimum Internal Control
Standards for Class II Gaming.
OMB Control Number: 3141–0009.
Brief Description of Collection: The
Indian Gaming Regulatory Act (IGRA or
the Act), 25 U.S.C. 2701, et seq., laid out
a comprehensive framework for the
regulation of gaming on Indian lands.
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the Act directs the Commission
to monitor class II gaming conducted on
Indian lands on a continuing basis in
order to adequately shield Indian
gaming from organized crime and other
corrupting influences, to ensure that the
Indian tribe is the primary beneficiary of
the gaming operation, and to assure that
gaming is conducted fairly and honestly
by both the operator and players. 25
U.S.C. 2702(2), 2706(b)(1). The
Commission is also authorized to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). The Commission has
promulgated part 543 of title 25, Code
of Federal Regulations, to aid it in
monitoring class II gaming on a
continuing basis.
Section 543.3 requires a tribal gaming
regulatory authority (TGRA) to submit
to the Commission a notice requesting
an extension to the deadline (by an
additional six months) to achieve
compliance with the requirements of the
new tier after a gaming operation has
moved from one tier to another. Section
543.5 requires a TGRA to submit a
detailed report after the TGRA has
approved an alternate standard to any of
the NIGC’s minimum internal control
standards, and the report must contain
all of the items specified in § 543.5(a)(2).
Section 543.23(c) requires a tribe to
maintain internal audit reports and to
make such reports available to the
Commission upon request. Section
543.23(d) requires a tribe to submit two
copies of the agreed-upon procedures
(AUP) report within 120 days of the
gaming operation’s fiscal year end. This

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collection is mandatory and allows the
NIGC to confirm tribal compliance with
the minimum internal control standards
in the AUP reports.
Respondents: Tribal governing bodies.
Estimated Number of Respondents:
398.
Estimated Annual Responses: 842.
Estimated Time per Response:
Depending on the tier level of the
gaming facility, the range of time can
vary from 1.0 burden hour to 10.0
burden hours for one AUP audit report.
Frequency of Response: Annually.
Estimated Total Annual Hourly
Burden to Respondents: 1,199.
Estimated Total Non-hour Cost
Burden: $ 3,296,800.
Title: Facility License Notifications
and Submissions.
OMB Control Number: 3141–0012.
Brief Description of Collection: The
Indian Gaming Regulatory Act (IGRA or
the Act), 25 U.S.C. 2701, et seq., laid out
a comprehensive framework for the
regulation of gaming on Indian lands.
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the Act requires Indian tribes
that conduct class II and/or class III
gaming to issue ‘‘a separate license . . .
for each place, facility, or location on
Indian lands at which class II [and class
III] gaming is conducted,’’ 25 U.S.C.
2710(b)(1), (d)(1), and to ensure that
‘‘the construction and maintenance of
the gaming facilities, and the operation
of that gaming is conducted in a manner
which adequately protects the
environment and public health and
safety.’’ 25 U.S.C. 2710(b)(2)(E). The
Commission is authorized to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). The Commission has
promulgated part 559 of title 25, Code
of Federal Regulations, to implement
these requirements.
Section 559.2 requires a tribe to
submit a notice (that a facility license is
under consideration for issuance) at
least 120 days before opening any new
facility on Indian lands where class II
and/or class III gaming will occur, with
the notice containing all of the items
specified in § 559.2(b). Section 559.3
requires a tribe to submit a copy of each
newly issued or renewed facility license
within 30 days of issuance. Section
559.4 requires a tribe to submit an
attestation certifying that by issuing the
facility license, the tribe has determined
that the construction, maintenance, and
operation of that gaming facility is
conducted in a manner that adequately
protects the environment and the public
health and safety. Section 559.5 requires
a tribe to submit a notice within 30 days

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Federal Register / Vol. 87, No. 118 / Tuesday, June 21, 2022 / Notices

if a facility license is terminated or
expires or if a gaming operation closes
or reopens. Section 559.6 requires a
tribe to maintain and provide applicable
and available Indian lands or
environmental and public health and
safety documentation, if requested by
the NIGC. This collection is mandatory
and enables the Commission to perform
its statutory duty by ensuring that tribal
gaming facilities on Indian lands are
properly licensed by the tribes.
Respondents: Indian tribal gaming
operations.
Estimated Number of Respondents:
462.
Estimated Annual Responses: 500.
Estimated Time per Response:
Depending on the type of submission,
the range of time can vary from 1.0
burden hours to 3.0 burden hours for
one item.
Frequency of Response: Varies.
Estimated Total Annual Hourly
Burden to Respondents: 966.
Estimated Total Non-hour Cost
Burden: $0.
Title: Minimum Technical Standards
for Class II Gaming Systems and
Equipment.
OMB Control Number: 3141–0014.
Brief Description of Collection: The
Indian Gaming Regulatory Act (IGRA or
the Act), 25 U.S.C. 2701, et seq., laid out
a comprehensive framework for the
regulation of gaming on Indian lands.
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the Act directs the Commission
to monitor class II gaming conducted on
Indian lands on a continuing basis in
order to adequately shield Indian
gaming from organized crime and other
corrupting influences, to ensure that the
Indian tribe is the primary beneficiary of
the gaming operation, and to assure that
gaming is conducted fairly and honestly
by both the operator and players. 25
U.S.C. 2702(2), 2706(b)(1). The Act
allows Indian tribes to use ‘‘electronic,
computer, or other technologic aids’’ to
conduct class II gaming activities. 25
U.S.C. 2703(7)(A). The Commission is
authorized to ‘‘promulgate such
regulations and guidelines as it deems
appropriate to implement’’ IGRA. 25
U.S.C. 2706(b)(10). The Commission has
promulgated part 547 of title 25, Code
of Federal Regulations, to aid it in
monitoring class II gaming facilities that
are using electronic, computer, or other
technologic aids to conduct class II
gaming.
Section 547.5(a)(2) requires that, for
any grandfathered class II gaming
system made available for use at any
tribal gaming operation, the tribal
gaming regulatory authority (TGRA):
must retain copies of the gaming

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system’s testing laboratory report, the
TGRA’s compliance certificate, and the
TGRA’s approval of its use; and must
maintain records identifying these
grandfathered class II gaming systems
and their components. Section
547.5(b)(2) requires that, for any class II
gaming system generally, the TGRA
must retain a copy of the system’s
testing laboratory report, and maintain
records identifying the system and its
components. As long as a class II
gaming system is available to the public
for play, section 547.5(c)(3) requires a
TGRA to maintain records of any
modification to such gaming system and
a copy of its testing laboratory report.
Section 547.5(d)(3) requires a TGRA to
maintain records of approved
emergency hardware and software
modifications to a class II gaming
system (and a copy of the testing
laboratory report) so long as the gaming
system remains available to the public
for play, and must make the records
available to the Commission upon
request. Section 547.5(f) requires a
TGRA to maintain records of its
following determinations: (i) regarding a
testing laboratory’s (that is owned or
operated or affiliated with a tribe)
independence from the manufacturer
and gaming operator for whom it is
providing the testing, evaluating, and
reporting functions; (ii) regarding a
testing laboratory’s suitability
determination based upon standards no
less stringent than those set out in 25
CFR 533.6(b)(1)(ii) through (v) and
based upon no less information than
that required by 25 CFR 537.1; and/or
(iii) the TGRA’s acceptance of a testing
laboratory’s suitability determination
made by any other gaming regulatory
authority in the United States. The
TGRA must maintain said records for a
minimum of three years and must make
the records available to the Commission
upon request. Section 547.17 requires a
TGRA to submit a detailed report for
each enumerated standard for which the
TGRA approves an alternate standard,
and the report must include: (i) an
explanation of how the alternate
standard achieves a level of security and
integrity sufficient to accomplish the
purpose of the standard it is to replace;
and (ii) the alternate standard as
approved and the record on which the
approval is based. This collection is
mandatory and allows the NIGC to
confirm tribal compliance with NIGC
regulations on ‘‘electronic, computer, or
other technologic aids’’ to conduct class
II gaming activities.
Respondents: Tribal governing bodies.
Estimated Number of Respondents:
431.
Estimated Annual Responses: 431.

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Estimated Time per Response:
Depending on the type of submission,
the range of time can vary from 6
burden hours to 33.5 burden hours for
one item.
Frequency of Response: Annually.
Estimated Total Annual Hourly
Burden to Respondents: 7,666.
Estimated Total Non-hour Cost
Burden: $0.
Dated: June 3, 2022.
Christinia Thomas,
Deputy Chief of Staff.
[FR Doc. 2022–13219 Filed 6–17–22; 8:45 am]
BILLING CODE 7565–01–P

DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
[S1D1S SS08011000 SX064A000
221S180110; S2D2S SS08011000
SX064A000 22XS501520; OMB Control
Number 1029–0030]

State Processes for Designating Areas
Unsuitable for Surface Coal Mining
Operations
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Notice of information collection;
request for comment.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995, we,
the Office of Surface Mining
Reclamation and Enforcement (OSMRE),
are proposing to renew an information
collection.
DATES: Interested persons are invited to
submit comments on or before August
22, 2022.
ADDRESSES: Send your comments on
this information collection request (ICR)
by mail to Mark Gehlhar, Office of
Surface Mining Reclamation and
Enforcement, 1849 C Street NW, Room
4556–MIB, Washington, DC 20240, or by
email to [email protected]. Please
reference OMB Control Number 1029–
0030 in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Mark Gehlhar by email
at [email protected], or by telephone
at 202–208–2716.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) and 5 CFR 1320.8(d)(1), we
provide the general public and other
Federal agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
SUMMARY:

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