The Indian Gaming Regulatory Act requires the National Indian Gaming Commission 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. The Commission has promulgated parts 533, 535, and 537 of title 25, Code of Federal Regulations, to implement these statutory requirements.
US Code:
25 USC 2701
Name of Law: Indian Gaming Regulatory Act
Updated burden estimates are based on consultations with stakeholders and it should be cautioned at the outset that tribal gaming operations and their business practices are unique to each gaming Tribe and influenced by a variety of local, state, and regional factors. Tribal gaming facilities vary in size and complexity and range from small truck stops and lotteries to world-class casino mega-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, time and cost estimates provided by a statistically insignificant group of rotating tribal consultants has limited value and it would be improper to extrapolate from these estimates any definitive trends.
Overall, this collection cycle shows an increase in the number of responses and this increase in management contracting activity is understandably reflected in the increase of time and cost expenditures. In general, a certain amount of the cost increases would be due to the fact that this collection cycle coincided with a period of higher than average price increases. Also, in general, as the gaming industry matures, business contracts grow in complexity and require greater expertise and cost to assemble and review. And there are other factors that appear to have contributed to additional increases in these estimates.
The increase in the Burden Hour Wage Cost estimate under part 537.1 is partly caused by the attempt that was made this cycle to capture in greater detail the full wage costs of the information collections upon high-level management executives. For example, although individual fingerprint submissions by management executives were previously overlooked and, although it may require only 2-3 hours of time per individual, because it is calculated at the wage rate of approximately $300/hour, it caused aggregate burden estimates to increase significantly.
It also should be understood that, although the estimates for this cycle are higher than that of the last cycle in 2022, in looking at the broader picture, they are actually in line with â and in many cases, lower than âthe estimates submitted in the 2018 cycle. For example, in comparison to the 2022 cycle, the Non-Burden Hour Cost rose 540%, however, in comparison to the 2018 cycle, this cost actually decreased 67% (from $379,480 in 2018 to the current $125,271).
Finally, it should be kept in mind, as stated at the outset, that burden estimates invariably fluctuate due to the different burden experiences of the limited number of stakeholder that are consulted. For example, it may be reasonable to generalize that executives who are relatively new to gaming will often contract services to assist them through the process of collecting and submitting information for a background investigation. In contrast, seasoned executives will have already prepared such information and are familiar with the process and, therefore, may incur lower expenditures. This is to simply reiterate the observation that costs can significantly vary depending on the particular experience of the consulted individuals.
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:
(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;
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.
2025.11.28 Fed Reg Notice 30-day 2025-21500.pdf
2025_SS_3141-0004_FINAL.docx
Indian Gaming Management Contract Provisions 535.2