[Federal Register Volume 88, Number 233 (Wednesday, December 6, 2023)]
[Notices]
[Pages 84827-84828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26775]


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DEPARTMENT OF THE INTERIOR

National Indian Gaming Commission


Agency Information Collection Activities; New Collection: 
Information Management Standard Assessment Questionnaires

AGENCY: National Indian Gaming Commission, Interior.

ACTION: Notice of new information collection; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (PRA), 
the National Indian Gaming Commission (NIGC or Commission) is providing 
notice to, and seeking comments from, the general public and other 
Federal agencies about a new information collection, to be administered 
by its CJIS (Criminal Justice Information Services) Audit Unit (CAU).

DATES: Submit comments on or before February 5, 2024.

ADDRESSES: Comments should be directed to the attention of: Tim Osumi, 
National Indian Gaming Commission and may be mailed to 1849 C Street 
NW, MS 1621, Washington, DC 20240; faxed to (202) 632-7066; or, 
electronically transmitted to <a href="/cdn-cgi/l/email-protection#e0898e868fa08e898783ce878f96"><span class="__cf_email__" data-cfemail="4e272028210e2027292d60292138">[email protected]</span></a>, subject: PRA new 
collection.

FOR FURTHER INFORMATION CONTACT: Tim Osumi via email at 
<a href="/cdn-cgi/l/email-protection#dbafb2b6f5b4a8aeb6b29bb5b2bcb8f5bcb4ad"><span class="__cf_email__" data-cfemail="ee9a8783c0819d9b8387ae8087898dc0898198">[email protected]</span></a>; telephone at (202) 264-0676; fax at (202) 632-7066 
(not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

I. Background

    The Indian Gaming Regulatory Act (IGRA), Public Law 100-497, 25 
U.S.C. 2701, et seq., was signed into law on October 17, 1988. The IGRA 
established the National Indian Gaming Commission (NIGC) and outlined a 
comprehensive framework for the regulation of gaming on Indian lands. 
Among the IGRA's requirements is that persons who apply for a ``key 
employee'' (KE) or ``primary management official'' (PMO) position at a 
tribal gaming operation must undergo a background investigation ((Sec.  
2710(b)(2)(F)(i)). Similarly, the IGRA requires that persons who have 
direct or indirect financial interest in, or management responsibility 
for, a tribal gaming management contract, must undergo a background 
investigation and be evaluated for suitability as part of the NIGC's 
management contract review process ((Sec.  2711(a), (e)(1)(D)). In 
keeping with these background investigative statutory requirements, 
NIGC regulations 25 CFR 522.2(g), 25 CFR 556.4(a)(14), and 25 CFR 
537.1(b)(2) stipulate that prospective KEs/PMOs and management 
contractors must submit their fingerprints to the Federal Bureau of 
Investigations (FBI) and undergo a criminal history record information 
(CHRI) check.
    Although CHRI checks are integral to the tribal KE/PMO applicant 
licensing process, tribes do not possess the necessary statutory 
authority to directly access FBI CHRI for this purpose. The NIGC, as a 
Federal agency empowered under the IGRA to access CHRI (Sec. Sec.  
2706(b)(3) & (7), 2708), accepts tribal fingerprint submissions and 
transmits them to the FBI for this purpose. In return, the FBI provides 
CHRI check results to the NIGC and the NIGC shares these results with 
the requesting tribe. In this process, the NIGC assumes the role of a 
CJIS Systems Agency (CSA), a duly authorized agency on the CJIS network 
that provides service to criminal justice users with respect to the 
criminal justice information (CJI) from the various systems managed by 
the Federal Bureau of Investigations (FBI) CJIS Division.
    The roles and responsibilities under which the NIGC, FBI, and 
tribes process CHRI checks are memorialized in Memoranda of 
Understanding between the FBI and the NIGC and between the NIGC and 
each requesting tribe. One such responsibility is to monitor the 
dissemination of CHRI to ensure FBI-compliant privacy and security 
standards are followed. This responsibility is detailed in FBI CJIS 
Security Policy, Policy Area 11 (CJISSECPOL 5.11.2) which specifies 
that the NIGC, as a CSA, is required to establish a process to 
periodically audit tribes that receive CHRI to ensure compliance with 
applicable statutes, regulations and policies. To fulfill this 
obligation, the NIGC has established a CJIS Audit Unit (CAU), which is 
tasked with coordinating with tribal authorities to ensure that NIGC-
disseminated CHRI is handled and managed in accordance with applicable 
statutes, regulations, and policies.
    In performing its oversight duties, the CAU will deploy 
questionnaires to gather information. This information will be used to 
assess and document tribal compliance with privacy and security 
standards and will enable the CAU to identify information management 
risk factors that may require remediation. This information collection 
is a vital tool for the NIGC CAU to be able to perform its function and 
the performance of this function helps to ensure that the NIGC can 
continue to support the successful operation of tribal gaming under 
IGRA.

II. Request for Comments

    The Commission welcomes any comments 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 
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

[[Page 84828]]

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: Information Management Standard Assessment Questionnaires.
    OMB Control Number: 3141-xxxx.
    Brief Description of Collection: The collection involves questions 
that seek information about tribal security and privacy protections 
governing the processing, handling, and storing of NIGC-disseminated 
CHRI. The questions closely track the FBI's standard CJIS compliance 
questionnaires but have been streamlined and adapted to tribal specific 
standards. The information collected is generally policies, procedures, 
system configurations as well as some type and amount of measurable 
evidence that confirms their proper implementation.
    Respondents: Indian tribal gaming operations.
    Estimated Number of Annual Respondents: 140.
    Estimated Number of Annual Responses: 140.
    Estimated Time per Response: 37.5 minutes.
    Frequency of Responses: Annually.
    Estimated Total Annual Burden Hours on Respondents: 87.5.
    Estimated Total Non-hour Cost Burden: $0.

    Dated: November 29, 2023.
Edward Simermeyer,
Chairman.
[FR Doc. 2023-26775 Filed 12-5-23; 8:45 am]
BILLING CODE 7565-01-P


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