60 day Federal Register Notice

20182

Federal Register / Vol. 88, No. 65 / Wednesday, April 5, 2023 / Notices

TDD, or TeleBraille) to access
telecommunications relay services for
contacting Mr. Abrams. Individuals
outside the United States should use the
relay services offered within their
country to make international calls to
the point-of-contact in the United
States.
The
Council provides recommendations to
the Secretary of the Interior concerning
the planning and management of the
public land resources located within the
BLM’s Western Montana District and
offers advice on the implementation of
the comprehensive, long-range plan for
management, use, development, and
protection of the public lands within the
District. Agenda topics for the upcoming
meetings include a discussion of RAC
objectives and responsibilities; reports
from the managers of the Butte, Dillon,
and Missoula BLM Field Offices about
activities in their areas; and other
resource management issues the Council
may raise.
All Council meetings are open to the
public and a public comment period
will be offered at 3:30 p.m. While the
meeting is scheduled from 9 a.m. to 4
p.m., it may end earlier or later
depending on the needs of group
members. Therefore, members of the
public interested in a specific agenda
item or discussion should schedule
their arrival accordingly. The BLM will
provide a virtual participation option
via Zoom. A link to the Zoom meeting
will be posted on the RAC’s web page
2 weeks in advance of the meeting.
Individuals who want to participate
virtually must register at least 1 week in
advance of the meeting to allow the
BLM to make appropriate
accommodations.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Meeting Accessibility/Special
Accommodations: Please make requests
in advance for sign language interpreter
services, assistive listening devices, or
other reasonable accommodations. We
ask that you contact the person listed in
the FOR FURTHER INFORMATION CONTACT
section of this notice at least 7 business
days prior to the meeting to give the
Department of the Interior sufficient
time to process your request. All

reasonable accommodation requests are
managed on a case-by-case basis.
(Authority: 43 CFR 1784.4–2.)
Kathryn A. Stevens,
BLM Western Montana District Manager.
[FR Doc. 2023–07051 Filed 4–4–23; 8:45 am]
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SUPPLEMENTARY INFORMATION:

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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Renewals of Information Collections
Under the Paperwork Reduction Act
National Indian Gaming
Commission, Interior.
ACTION: Notice of request for comments.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995, the
National Indian Gaming Commission
(NIGC or Commission) is seeking
comments on the renewal of
information collections. See
SUPPLEMENTARY INFORMATION for the list
of activities. These information
collections expire on June 30, 2023
except for OMB Control Number 3141–
0003, which expires on May 31, 2023.
DATES: Submit comments on or before
June 5, 2023.
ADDRESSES: Comments can be mailed,
faxed, or emailed to the attention of:
Tim Osumi, National Indian Gaming
Commission, 1849 C Street NW, MS
1621, Washington, DC 20240.
Comments may be faxed to (202) 632–
7066, and may be sent electronically to
[email protected], subject: PRA renewals.
FOR FURTHER INFORMATION CONTACT: Tim
Osumi at (202) 264–0676; fax (202) 632–
7066 (not toll-free numbers).
SUPPLEMENTARY INFORMATION: We are
seeking comments on the renewal of
information collections for the following
activities: (i) compliance and
enforcement actions under the Indian
Gaming Regulatory Act, as authorized
by Office of Management and Budget
(OMB) Control Number 3141–0001; (ii)
approval of tribal ordinances, and
background investigation and issuance
of licenses, as authorized by OMB
Control Number 3141–0003; (iii)
National Environmental Policy Act
submissions, as authorized by OMB
Control Number 3141–0006; and (iv)
issuance to tribes of certificates of selfregulation for Class II gaming, as
authorized by OMB Control Number
3141–0008.
SUMMARY:

I. Request for Comments
You are invited to comment on these
collections concerning: (i) whether the
collections of information are necessary

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for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (ii) the accuracy of the
agency’s estimates of the burdens
(including the hours and dollar costs) of
the proposed collections of information,
including the validity of the
methodologies and assumptions used;
(iii) ways to enhance the quality, utility,
and clarity of the information to be
collected; (iv) ways to minimize the
burdens of the information collections
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other collection techniques or forms of
information technology. Please note that
an agency may not conduct or sponsor,
and an individual need not respond to,
a collection of information unless it has
a valid OMB Control Number.
It is the Commission’s policy to make
all comments available to the public for
review at the location listed in the
ADDRESSES section. Before including
your address, phone number, email
address, or other personally identifiable
information (PII) in your comment, you
should be aware that your entire
comment—including your PII—may be
made publicly available at any time.
While you may ask in your comment
that the Commission withhold your PII
from public review, the Commission
cannot guarantee that it will be able to
do so.
II. Data
Title: Indian Gaming Compliance and
Enforcement.
OMB Control Number: 3141–0001.
Brief Description of Collection:
Although IGRA places primary
responsibility with the tribes for
regulating their gaming activities, 25
U.S.C. 2706(b) directs the Commission
to monitor gaming conducted on Indian
lands on a continuing basis. Amongst
other actions necessary to carry out the
Commission’s statutory duties, the Act
authorizes the Commission to access
and inspect all papers, books, and
records relating to gross revenues of a
gaming operation. The Act also requires
tribes to provide the Commission with
annual independent audits of their
gaming operations, including audits of
all contracts in excess of $25,000. 25
U.S.C. 2710(b)(2)(C), (D);
2710(d)(1)(A)(ii). The Act also
authorizes the Commission to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). Part 571 of title 25, Code of
Federal Regulations, implements these
statutory requirements.

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Section 571.7(a) requires Indian
gaming operations to keep/maintain
permanent books of account and records
sufficient to establish the amount of
gross and net income, deductions and
expenses, receipts and disbursements,
and other relevant financial
information. Section 571.7(c) requires
that these records be kept for at least
five years. Under § 571.7(b), the
Commission may require a gaming
operation to submit statements, reports,
accountings, and specific records that
will enable the NIGC to determine
whether or not such operation is liable
for fees payable to the Commission (and
in what amount). Section 571.7(d)
requires a gaming operation to keep
copies of all enforcement actions that a
tribe or a state has taken against the
operation.
Section 571.12 requires tribes to
prepare comparative financial
statements covering all financial
activities of each class II and class III
gaming operation on the tribe’s Indian
lands, and to engage an independent
certified public accountant to provide
an annual audit of the financial
statements of each gaming operation.
Section 571.13 requires tribes to prepare
and submit to the Commission two
paper copies or one electronic copy of
the financial statements and audits,
together with management letter(s) and
other documented auditor
communications and/or reports as a
result of the audit, setting forth the
results of each fiscal year. The
submission must be sent to the
Commission within 120 days after the
end of the fiscal year of each gaming
operation, including when a gaming
operation changes its fiscal year or
when gaming ceases to operate. Section
571.14 requires tribes to reconcile
quarterly fee reports with audited
financial statements and to keep/
maintain this information to be
available to the NIGC upon request in
order to facilitate the performance of
compliance audits.
This information collection is
mandatory and allows the Commission
to fulfill its statutory responsibilities
under IGRA to regulate gaming on
Indian lands.
Respondents: Indian tribal gaming
operations.
Estimated Number of Respondents:
720.
Estimated Annual Responses: 1,440.
Estimated Time per Response:
Depending on the type of information
collection, the range of time can vary
from 4 burden hours to 476 burden
hours for one item.

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Frequency of Responses: Depending
on the type of information collection, it
can be quarterly or annually.
Estimated Total Annual Burden
Hours on Respondents: 126,720.
Estimated Total Non-hour Cost
Burden: $38,376,960.
Title: Approval of Class II and Class
III Ordinances, Background
Investigations, and Gaming Licenses.
OMB Control Number: 3141–0003.
Brief Description of Collection: The
Act sets standards for the regulation of
gaming on Indian lands, including
requirements for the approval or
disapproval of tribal gaming ordinances.
Specifically, § 2705(a)(3) requires the
NIGC Chair to review all class II and
class III tribal gaming ordinances.
Section 2710 sets forth the specific
requirements for the tribal gaming
ordinances, including the requirement
that there be adequate systems in place:
to cause background investigations to be
conducted on individuals in key
employee and primary management
official (PMO) positions
(§ 2710(b)(2)(F)(i)); and to provide two
prompt notifications to the Commission,
including one containing the results of
the background investigations before the
issuance of any gaming licenses, and the
other one of the issuance of such gaming
licenses to key employees and PMOs
(§ 2710(b)(2)(F)(ii)). In addition,
§ 2710(d)(2)(D)(ii) requires tribes who
have, in their sole discretion, revoked
any prior class III ordinance or
resolution to submit a notice of such
revocation to the NIGC Chair. The Act
also authorizes the Commission to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). Parts 519, 522, 556, and 558
of title 25, Code of Federal Regulations,
implement these statutory requirements.
Sections 519.1, 522.2(f) and 519.2
require a tribe, management contractor,
and a tribal operator to designate an
agent for service of process. Section
522.2(a) requires a tribe to submit a
copy of an ordinance or resolution
certified as authentic, and that meets the
approval requirements in 25 CFR
522.5(b) or 522.7. Sections 522.11 and
522.12 require tribes to submit,
respectively, an ordinance for the
licensing of individually owned gaming
operations other than those operating on
September 1, 1986, and for the licensing
of individually owned gaming
operations operating on September 1,
1986. Section 522.3(a) requires a tribe to
submit an amendment to an ordinance
or resolution within 15 days after
adoption of such amendment.
Section 522.2(b)–(h) requires tribes to
submit to the Commission: (i) A copy of

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the procedures to conduct or cause to be
conducted background investigations on
key employees and primary
management officials and to ensure that
key employees and primary
management officials are notified of
their rights under the Privacy Act; (ii) a
copy of the procedures to issue tribal
licenses to primary management
officials and key employees; (iii) When
an ordinance or resolution concerns
class III gaming, a copy of any approved
tribal-state compact or class III
procedures as prescribed by the
Secretary that are in effect at the time
the ordinance or amendment is passed;
(iv) A copy of the procedures for
resolving disputes between the gaming
public and the tribe or the management
contractor; (v) Identification of the
entity that will take fingerprints and a
copy of the procedures for conducting a
criminal history check. Such a criminal
history check shall include a check of
criminal history records information
maintained by the Federal Bureau of
Investigation; and (vi) Indian lands or
tribal gaming regulations or
environmental and public health and
safety documentation that the Chair may
request in the Chair’s discretion. Section
522.3(a) requires a tribe to submit any
amendment to these submissions within
15 days after adoption of such
amendment. Section 522.13(a) requires
a tribe to submit to the Commission a
copy of an authentic ordinance
revocation or resolution.
Section 556.4 requires tribes to
mandate the submission of the
following information from applicants
for key employee and PMO positions: (i)
full name, other names used (oral or
written), social security number(s), birth
date, place of birth, citizenship, gender,
all languages (spoken or written); (ii)
currently and for the previous five
years: Business and employment
positions held, ownership interests in
those businesses, business and
residence addresses, and driver’s license
numbers; (iii) the names and current
addresses of at least three personal
references; (iv) current business and
personal telephone numbers; (v) a
description of any existing and previous
business relationships with Indian
tribes, including ownership interests in
those businesses; (vi) a description of
any existing and previous business
relationships with the gaming industry
generally, including ownership interests
in those businesses; (vii) the name and
address of any licensing or regulatory
agency with which the person has filed
an application for a license or permit
related to gaming, whether or not such
license or permit was granted; (viii) for

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each felony for which there is an
ongoing prosecution or a conviction, the
charge, the name and address of the
court involved, and the date and
disposition if any; (ix) for each
misdemeanor conviction or ongoing
misdemeanor prosecution (excluding
minor traffic violations) within 10 years
of the date of the application, the name
and address of the court involved and
the date and disposition; (x) for each
criminal charge in the past 10 years that
is not otherwise listed, the criminal
charge, the name and address of the
court, and the date and disposition; (xi)
the name and address of any licensing
or regulatory agency with which the
person has filed an application for an
occupational license or permit, whether
or not such license or permit was
granted; (xii) a photograph; and (xiii)
fingerprints. Sections 556.2 and 556.3,
respectively, require tribes to place a
specific Privacy Act notice on their key
employee and PMO applications, and to
warn applicants regarding the penalty
for false statements by also placing a
specific false statement notice on their
applications.
Sections 556.6(a) and 558.3(e) require
tribes to keep/maintain the individuals’
complete application files, investigative
reports, and eligibility determinations
during their employment and for at least
three years after termination of their
employment. Section 556.6(b)(1)
requires tribes to create and maintain an
investigative report on each background
investigation that includes: (i) the steps
taken in conducting a background
investigation; (ii) the results obtained;
(iii) the conclusions reached; and (iv)
the basis for those conclusions. Section
556.6(b)(2) requires tribes to submit, no
later than 60 days after an applicant
begins work, a notice of results of the
applicant’s background investigation
that includes: (i) the applicant’s name,
date of birth, and Social Security
number; (ii) the date on which the
applicant began or will begin work as a
key employee or PMO; (iii) a summary
of the information presented in the
investigative report; and (iv) a copy of
the eligibility determination.
Section 558.3(b) requires a tribe to
notify the Commission of the issuance
of PMO and key employee licenses
within 30 days after such issuance.
Section 558.3(d) requires a tribe to
notify the Commission if the tribe does
not issue a license to an applicant, and
requires it to forward copies of its
eligibility determination and notice of
results to the Commission for inclusion
in the Indian Gaming Individuals
Record System. Section 558.4(e)
requires a tribe, after a gaming license
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Commission of its decision to revoke or
reinstate a gaming license within 45
days of receiving notification from the
Commission that a specific individual
in a PMO or key employee position is
not eligible for continued employment.
These information collections are
mandatory and allow the Commission to
carry out its statutory duties.
Respondents: Indian tribal gaming
operations.
Estimated Number of Respondents:
1,524.
Estimated Annual Responses:
225,484.
Estimated Time per Response:
Depending on the type of information
collection, the range of time can vary
from 0.7 burden hour to 23 burden
hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden
Hours on Respondents: 489,089.
Estimated Total Non-hour Cost
Burden: $3,264,177.
Title: NEPA Compliance.
OMB Control Number: 3141–0006.
Brief Description of Collection: The
National Environmental Policy Act
(NEPA), 42 U.S.C. 4321, et seq., and the
Council on Environmental Quality’s
(CEQ) implementing regulations, require
federal agencies to prepare (or cause to
be prepared) environmental documents
for agency actions that may have a
significant impact on the environment.
Under NEPA, an Environmental
Assessment (EA) must be prepared
when the agency action cannot be
categorically excluded, or the
environmental consequences of the
agency action will not result in a
significant impact or the environmental
impacts are unclear and need to be
further defined. An Environmental
Impact Statement (EIS) must be
prepared when the agency action will
likely result in significant impacts to the
environment.
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the Act requires the NIGC Chair
to review and approve third-party
management contracts that involve the
operation of tribal gaming facilities. 25
U.S.C. 2711. 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. Normally, an EA
or EIS and its supporting documents are
prepared by an environmental
consulting firm and submitted to the
Commission by the tribe. In the case of
an EA, the Commission independently
evaluates the NEPA document, verifies
its content, and assumes responsibility
for the accuracy of the information
contained therein. In the case of an EIS,

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the Commission directs and is
responsible for the preparation of the
NEPA document, but the tribe or
potential contractor is responsible for
paying for the preparation of the
document. The information collected
includes, but is not limited to, maps,
charts, technical studies,
correspondence from other agencies
(federal, tribal, state, and local), and
comments from the public. These
information collections are mandatory
and allow the Commission to carry out
its statutory duties.
Respondents: Tribal governing bodies,
management companies.
Estimated Number of Respondents: 3.
Estimated Annual Responses: 3.
Estimated Time per Response:
Depending on whether the response is
an EA or an EIS, the range of time can
vary from 2 burden hours to 16.0 burden
hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Burden
Hours on Respondents: 20.5.
Estimated Total Non-hour Cost
Burden: $494,132.
Title: Issuance of Certificates of SelfRegulation to Tribes for Class II Gaming.
OMB Control Number: 3141–0008.
Brief Description of Collection: The
Act sets the standards for the regulation
of Indian gaming, including a
framework for the issuance of
certificates of self-regulation for class II
gaming operations to tribes that meet
certain qualifications. Specifically, 25
U.S.C. 2710(c) authorizes the
Commission to issue a certificate of selfregulation if it determines that a tribe
has: (i) conducted its gaming activity in
a manner that has resulted in an
effective and honest accounting of all
revenues and a reputation for safe, fair,
and honest operation of the activity, and
has been generally free of evidence of
criminal or dishonest activity; (ii)
conducted its gaming operation on a
fiscally and economically sound basis;
(iii) conducted its gaming activity in
compliance with the IGRA, NIGC
regulations and the tribe’s gaming
ordinance and gaming regulations; (iv)
adopted and is implementing adequate
systems for the accounting of all
revenues from the gaming activity, for
the investigation, licensing, and
monitoring of all employees of the
gaming activity, for the investigation,
enforcement, and prosecution of
violations of its gaming ordinance and
regulations, and for the prosecution of
criminal or dishonest activity or
referring of such activity for
prosecution. The Act also authorizes the
Commission to ‘‘promulgate such
regulations and guidelines as it deems
appropriate to implement’’ IGRA. 25

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U.S.C. 2706(b)(10). Part 518 of title 25,
Code of Federal Regulations,
implements these statutory
requirements.
Section 518.3(e) requires a tribe’s
gaming operation(s) and the tribal
regulatory body (TRB) to have kept all
records needed to support the petition
for self-regulation for the three years
immediately preceding the date of the
petition submission. Section 518.4
requires a tribe petitioning for a
certificate of self-regulation to submit
the following to the Commission,
accompanied by supporting
documentation: (i) two copies of a
petition for self-regulation approved by
the tribal governing body and certified
as authentic; (ii) a description of how
the tribe meets the eligibility criteria in
§ 518.3; (iii) a brief history of each
gaming operation, including the
opening dates and periods of voluntary
or involuntary closure(s); (iv) a TRB
organizational chart; (v) a brief
description of the criteria that
individuals must meet before being
eligible for employment as a tribal
regulator; (vi) a brief description of the
process by which the TRB is funded,
and the funding level for the three years
immediately preceding the date of the
petition; (vii) a list of the current
regulators and TRB employees, their
complete resumes, their titles, the dates
that they began employment, and if
serving limited terms, the expiration
date of such terms; (viii) a brief
description of the accounting system(s)
at the gaming operation that tracks the
flow of the gaming revenues; (ix) a list
of the gaming activity internal controls
at the gaming operation(s); (x) a
description of the recordkeeping
system(s) for all investigations,
enforcement actions, and prosecutions
of violations of the tribal gaming
ordinance or regulations, for the threeyear period immediately preceding the
date of the petition; and (xi) the tribe’s
current set of gaming regulations, if not
included in the approved tribal gaming
ordinance. Section 518.10 requires each
Indian gaming tribe that has been issued
a certificate of self-regulation to submit
to the Commission the following
information by April 15th of each year
following the first year of selfregulation, or within 120 days after the
end of each gaming operation’s fiscal
year: (i) an annual independent audit;
and (ii) a complete resume for all TRB
employees hired and licensed by the
tribe subsequent to its receipt of a
certificate of self-regulation.
Submission of the petition and
supporting documentation is voluntary.
Once a certificate of self-regulation has

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been issued, the submission of certain
other information is mandatory.
Respondents: Tribal governments.
Estimated Number of Respondents:
11.
Estimated Annual Responses: 11.
Estimated Time per Response:
Depending on the information
collection, the range of time can vary
from 1 burden hour to 202 burden hours
for one item.
Frequency of Responses: Annually.
Estimated Total Annual Burden
Hours on Respondents: 257.
Estimated Total Non-hour Cost
Burden: $203,825.
Dated: March 22, 2023.
Christinia Thomas,
Deputy Chief of Staff.
[FR Doc. 2023–06288 Filed 4–4–23; 8:45 am]
BILLING CODE 7565–01–P

DEPARTMENT OF THE INTERIOR

20185

National Park Service before March 25,
2023. Pursuant to Section 60.13 of 36
CFR part 60, comments are being
accepted concerning the significance of
the nominated properties under the
National Register criteria for evaluation.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Nominations submitted by State or
Tribal Historic Preservation Officers
Key: State, County, Property Name,
Multiple Name (if applicable), Address/
Boundary, City, Vicinity, Reference
Number.

National Park Service

ARIZONA

[NPS–WASO–NRNHL–DTS#–35601;
PPWOCRADI0, PCU00RP14.R50000]

Maricopa County
Connor-Harold House, 5729 North Palo Cristi
Rd., Paradise Valley, SG100008908
Ainsworth, Eliza and Charles, House, 9 East
Country Club Dr., Phoenix, SG100008909

National Register of Historic Places;
Notification of Pending Nominations
and Related Actions
National Park Service, Interior.
ACTION: Notice.
AGENCY:

The National Park Service is
soliciting electronic comments on the
significance of properties nominated
before March 25, 2023, for listing or
related actions in the National Register
of Historic Places.
DATES: Comments should be submitted
electronically by April 20, 2023.
ADDRESSES: Comments are encouraged
to be submitted electronically to
National_Register_Submissions@
nps.gov with the subject line ‘‘Public
Comment on .’’ If you
have no access to email, you may send
them via U.S. Postal Service and all
other carriers to the National Register of
Historic Places, National Park Service,
1849 C Street NW, MS 7228,
Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT:
Sherry A. Frear, Chief, National Register
of Historic Places/National Historic
Landmarks Program, 1849 C Street NW,
MS 7228, Washington, DC 20240,
[email protected], 202–913–3763.
SUPPLEMENTARY INFORMATION: The
properties listed in this notice are being
considered for listing or related actions
in the National Register of Historic
Places. Nominations for their
consideration were received by the
SUMMARY:

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CALIFORNIA
Orange County
ELECTRA (motor yacht), 16591 Ensign Ct.,
Huntington Beach, SG100008894
COLORADO
Denver County
655 Broadway Building, Address Restricted,
Denver vicinity, SG100008903
MINNESOTA
Hennepin County
Hiawatha Golf Course, 4553 Longfellow Ave.,
Minneapolis, SG100008905
NEW YORK
Dutchess County
Tioronda Estate-Craig House Historic District,
7 Craig House Ln., 21 Grandview Ave., 636
and 644 Wolcott Ave., Beacon vicinity,
SG100008896
Monroe County
Todd Union, 415 Alumni Rd., Rochester,
SG100008906
Tompkins County
Stewart Park, 1 James L. Gibbs Dr., Ithaca,
SG100008895
Westchester County
Westminster Presbyterian Church, 76
Warburton Ave., Yonkers, SG100008899
OHIO
Franklin County
Ohio Historical Center and Ohio Village, 800
East 17th Ave., Columbus, SG100008897

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