30 day Federal Register Notice

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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices

official permitted endurance horseback
riding events.
The BLM will post temporary closure
signs at main entry points to this area.
This event is authorized on public
land under a special recreation permit,
in conformance with the BLM Roswell
Resource Management Plan and the Fort
Stanton-Snowy River Cave National
Conservation Area Management Plan.
Under the authority of section 303(a) of
the Federal Land Policy and
Management Act of 1976 (43 U.S.C.
1733(a)), 43 CFR 8360.0–7, and 43 CFR
8364.1, the BLM will enforce the
following temporary closure and
restrictions within the Rob Jaggers
Campground.
Description of Closed Area
Areas subject to this temporary
closure include all 20 acres of public
lands situated within the interior of the
Rob Jaggers Campground. All areas
within the boundary of the Campground
are closed to public entry during the
temporary closure from July 7 to July 16,
2023.
Exceptions to Closure
The temporary closure does not apply
to Federal, State, and local officers and
employees in the performance of their
official duties; members of organized
rescue or firefighting forces in the
performance of their official duties;
persons with written authorization for
the period of the event from the BLM;
and designated officials, participants,
crews, or persons operating on their
behalf.
Enforcement
Any person who violates the
temporary closure may be tried before a
United States magistrate and fined in
accordance with 18 U.S.C. 3571,
imprisoned no more than 12 months
under 43 U.S.C. 1733(a) and 43 CFR
8360.0–7, or both. In accordance with
43 CFR 8365.1–7, state or local officials
may also impose penalties for violations
of state law.

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Effect of Closure
The entire Rob Jaggers Campground
area as described above, and in the time
period as described above, is
temporarily closed to all public use,
including pedestrian use, campers, and
vehicles, unless affiliated with
American Endurance Ride Conference
use, and as specifically excepted as
described above.

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Authority: 43 CFR 8364.1.
Charles Schmidt,
BLM Roswell Field Manager.
[FR Doc. 2023–11982 Filed 6–5–23; 8:45 am]
BILLING CODE 4331–23–P

DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Submission of Information Collections
Under the Paperwork Reduction Act
National Indian Gaming
Commission, Interior.
ACTION: Second notice and 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: compliance and enforcement
actions under the Indian Gaming
Regulatory Act as authorized by OMB
Control Number 3141–0001; tribal
gaming ordinance approvals,
background investigations, and issuance
of licenses as authorized by OMB
Control Number 3141–0003; National
Environmental Policy Act submissions
as authorized by OMB Control Number
3141–0006; and issuance to tribes of
certificates of self-regulation for class II
gaming as authorized by OMB Control
Number 3141–0008. These information
collections expire on June 30, 2023,
with the exception of OMB Control
Number 3141–000, which expires on
May 31, 2023.
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 no later than July 6, 2023 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 collections of information
SUMMARY:

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and supporting documentation, contact
Tim Osumi by email at tim.osumi@
nigc.gov, or by telephone at (202) 632–
7054; or by at fax (202) 632–7066 (not
toll-free numbers). You may also review
these information collection requests by
going to
(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: 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 class II 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

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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
Federal Regulations, implements these
statutory requirements.
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,
one notification 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, at 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 and 519.2 require a
tribe, management contractor, and a
tribal operator to designate an agent for
service of process, and § 522.2(g)
requires it to be submitted by written
notification to the Commission. 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.

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Section 522.2(b)–(h) requires tribes to
submit to the Commission: (i) A copy of
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

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related to gaming, whether or not such
license or permit was granted; (viii) for
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)

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requires a tribe, after a gaming license
revocation hearing, to notify the
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

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for the accuracy of the information
contained therein. In some cases, this
may be memorialized in a Supplemental
Information Report. In the case of an
EIS, 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 contractors.
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 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

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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Notices
prosecution. 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 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

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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
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: One per
year.
Estimated Total Annual Burden
Hours on Respondents: 257.
Estimated Total Non-Hour Cost
Burden: $203,825.
III. Request for Comments
Regulations at 5 CFR part 1320, which
implement provisions of the Paperwork
Reduction Act, require that interested
members of the public have an
opportunity to comment on an agency’s
information collection and
recordkeeping activities. See 5 CFR
1320.8(d). To comply with the public
consultation process, the Commission
previously published its 60-day notice
of its intent to submit the abovementioned information collection
requests to OMB for approval. See 88 FR
20182 (April 5, 2023). The Commission
did not receive any comments in
response to that notice and request for
comments.
The Commission will submit the
preceding requests to OMB to renew its
approval of the information collections.
The Commission is requesting a threeyear term of approval for each of these
information collection and
recordkeeping activities.
You are again invited to comment on
these collections concerning: (i) whether
the collections of information are
necessary 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 cost) 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.

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37093

If you wish to comment in response
to this notice, you may send your
comments to the office listed under the
ADDRESSES section of this notice by July
6, 2023.
Comments submitted in response to
this second notice will be summarized
and become a matter of public record.
The NIGC will not request nor sponsor
a collection of information, and you
need not respond to such a request, if
there is no valid OMB Control Number.
Dated: May 23, 2023.
Christinia Thomas,
Deputy Chief of Staff.
[FR Doc. 2023–11368 Filed 6–5–23; 8:45 am]
BILLING CODE 7565–01–P

DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–WASO–CR–NPS0035688;
PPWOCRADP3, PCU00RP15.R50000
234P104215 (223); OMB Control Number
1024–0038]

Agency Information Collection
Activities; Procedures for State, Tribal,
and Local Government Historic
Preservation Programs & Management
of Historic Preservation Fund Grants
National Park Service, Interior.
Notice of information collection;
request for comment.

AGENCY:
ACTION:

In accordance with the
Paperwork Reduction Act of 1995, we,
the National Park Service (NPS) are
proposing to revise a currently approved
information collection.
DATES: Interested persons are invited to
submit comments on or before August 7,
2023.
ADDRESSES: Send your comments on
this information collection request (ICR)
by mail to NPS Information Collection
Clearance Officer (ADIR–ICCO),
National Park Service, 12201 Sunrise
Valley Drive, (MS–242) Reston, VA
20191 (mail); or to phadrea_ponds@
nps.gov (email). Please reference Office
of Management and Budget (OMB)
Control Number 1024–0038 in the
subject line of your comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR contact Seth Tinkham, Grants
Management Specialist, State, Tribal,
Local, Plans & Grants Division at
[email protected] (email); or at 202–354–
2020 (phone). Please reference OMB
Control Number 1024–0038 in the
subject line of your comments.
Individuals in the United States who are
deaf, deafblind, hard of hearing, or have
a speech disability may dial 711 (TTY,
SUMMARY:

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