Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Notices 14091 

(Authority: 40 CFR 1506.6; 43 CFR 1610.5– 

1) 

Barry R. Bushue, 

State Director. 

[FR Doc. 2024–03766 Filed 2–23–24; 8:45 am] 

BILLING CODE 4331–24–P 

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: Second Notice of New 

Information Collection; request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 

(PRA), the National Indian Gaming 

Commission (NIGC or Commission) is 

providing notice that it is requesting, 

concurrently with the publication of 

this notice or soon thereafter, for the 

Office of Management and Budget 

(OMB) to review and approve a new 

information collection. 

DATES: The OMB has up to 60 days to 

approve or disapprove information 

collection requests, but may respond 

after 30 days. Therefore, public 

comments should be submitted to OMB 

by no later than March 27, 2024, 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 New Collection’’ in the 

subject line. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including copies of 

the proposed collections of information 

and supporting documentation, contact 

Tim Osumi by email at tim.osumi@

nigc.gov, or by telephone at (771) 220– 

3592; or by fax at (202) 632–7066 (not 

toll-free numbers). You may also review 

these information collection requests by 

going to <https://www.reginfo.gov> 

(Information Collection Review, 

Currently Under Review, Agency: 

National Indian Gaming Commission). 

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 

((§ 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 ((§ 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 

(§§ 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 (Criminal Justice 

Information Services) 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 (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 FBIcompliant 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. Responding to this 

information collection is voluntary, 

however, failure to collect this 

information may impair the NIGC’s 

ability to fulfill its obligations under its 

MOUs with the FBI and its tribal 

partners. Indeed, this information 

collection is a vital tool for the NIGC 

CAU to perform its function and helps 

to ensure that the NIGC can continue to 

support the successful tribal operation 

of tribal gaming under the IGRA. 

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 related to information 

policies, procedures, and system 

configurations and includes 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. 

Edward Simermeyer, 

Chairman. 

[FR Doc. 2024–03773 Filed 2–23–24; 8:45 am] 

BILLING CODE 7565–01–P 


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