Class II and Class III/Background Investigation Tribal Licenses

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
2023_SS_3141-0003.docx	Supporting Statement A	Uploaded 2023-06-07	Repair queued
2023.06.06 30-day FR.pdf	Supplementary Document	Uploaded 2023-06-07	Repair queued
2023.04.05 60-day FR.pdf	Supplementary Document	Uploaded 2023-06-07	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
208609	Ordinances, Background Investigations, and Licenses 558.4(e)		Modified
208608	Ordinances, Background Investigations, and Licenses 558.3(b),(d)		Modified
208607	Ordinances, Background Investigations, and Licenses 556.6(b)(2)		Modified
208606	Ordinances, Background Investigations, and Licenses 556.6(b)(1)		Modified
208605	Ordinances, Background Investigations, and Licenses 556.6(a), 558.3(e)		Modified
208604	Ordinances, Background Investigations, and Licenses 556.4		Modified
208603	Ordinances, Background Investigations, and Licenses 556.2, 556.3		Modified
208602	Ordinances, Background Investigations, and Licenses 522.13		Modified
208601	Ordinances, Background Investigations, and Licenses 522.2(b)-(h), 522.3(a)		Modified
208600	Ordinances, Background Investigations, and Licenses 522.2(a), 522.3(a), 522.12, 522.11		Modified
208599	Ordinances, Background Investigations, and Licenses 519.1, 522.2(f), 519.2		Modified

ICR Details

OMB Control No: 3141-0003	ICR Reference No: 202306-3141-001
Status: Active	Previous ICR Reference No: 202001-3141-002
Agency/Subagency: NIGC	Agency Tracking No:
Title: Class II and Class III/Background Investigation Tribal Licenses
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 04/29/2026
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/07/2023
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. For the next renewal, OMB requests that the agency describe the input provided from their outside consultations for the ICR. Additionally, to estimate the burden hours in future renewals, NIGC should consider providing ranges in the collection’s 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. OMB notes that this ICR was erroneously submitted as a revision but did not contain any changes from the previously approved collection; thus, OMB approves this information collection as an extension without change only.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2029	36 Months From Approved	04/30/2026
Responses	225,484	0	220,461
Time Burden (Hours)	489,089	0	972,378
Cost Burden (Dollars)	3,264,177	0	1,287,967

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Abstract: 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.

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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:
	88 FR 20182	04/05/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 37090	06/06/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

table that charts list of burden

IC Title	Form No.	Form Name
Ordinances, Background Investigations, and Licenses 519.1, 522.2(f), 519.2
Ordinances, Background Investigations, and Licenses 522.13
Ordinances, Background Investigations, and Licenses 522.2(a), 522.3(a), 522.12, 522.11
Ordinances, Background Investigations, and Licenses 522.2(b)-(h), 522.3(a)
Ordinances, Background Investigations, and Licenses 556.2, 556.3
Ordinances, Background Investigations, and Licenses 556.4
Ordinances, Background Investigations, and Licenses 556.6(a), 558.3(e)
Ordinances, Background Investigations, and Licenses 556.6(b)(1)
Ordinances, Background Investigations, and Licenses 556.6(b)(2)
Ordinances, Background Investigations, and Licenses 558.3(b),(d)
Ordinances, Background Investigations, and Licenses 558.4(e)

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ICR Summary of Burden

table that charts list of burden

	Total Approved	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	225,484	220,461	0	0	5,023	0
Annual Time Burden (Hours)	489,089	972,378	0	0	-483,289	0
Annual Cost Burden (Dollars)	3,264,177	1,287,967	0	0	1,976,210	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 noted at the outset that tribal gaming operations and their business practices are unique to each gaming Tribe and influenced by many local, state, cultural, 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 will necessarily have limited value and it would be improper to claim to be able to extrapolate from this feedback any definitive trends. Nevertheless, the Commission makes the following observations: • The number of respondents appears to have risen, however, this dramatic increase can be attributed to the fact that, in prior cycles, the number of respondents under regulations 556.6(a) and 558.3(e) were quantified at the tribal level (241). In contrast, this cycle, the Commission was able assess at a more granular level - by individual applicants processed by tribes (43,644). When this increase is taken into consideration and accounted for, a comparison with the previous cycle actually shows an overall decrease in respondents this cycle. • The estimated amount of burden hours for this cycle decreased approximately 50% and the estimated amount of wage expenditures also decreased approximately 52%. This would make sense in context of the impact of the COVID-19 pandemic on Indian gaming operations and the temporary closures of Indian gaming operations during the pandemic lock-downs. • Despite the decrease in time and wage burdens, the amount of non-wage costs significantly increased. The primary cause for this increase can be directly attributed to the NIGC fee rate increase for processing applicant fingerprints, from $22 to $45.This increase was necessary in order to upgrade the NIGC fingerprint processing system in compliance with Federal security requirements. There is also anecdotal evidence that Indian gaming operations are also making such security upgrades in tandem with the NIGC..

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Annual Cost to Federal Government: $578,660

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.     Yes

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.     Yes

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: 06/07/2023

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