[Federal Register Volume 65, Number 207 (Wednesday, October 25, 2000)]
[Notices]
[Pages 63894-63896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27408]


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NATIONAL INDIAN GAMING COMMISSION


Paperwork Reduction Act

AGENCY: National Indian Gaming Commission.

ACTION: Notice.

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SUMMARY: The National Indian Gaming Commission (NIGC), in accordance 
with the Paperwork Reduction Act of 1995, intends to submit to the 
Office of Management and Budget (OMB) a request to review and extend 
approval for the following information collection activities: (1) 
Compliance and Enforcement under the Indian Gaming Regulatory Act 
(IGRA); (2) Privacy Act regulations; (3) Approval of Class II and Class 
III Gaming Ordinances; and (4) National Environmental Policy Act 
Procedures. The NIGC intends also to submit a request for reinstatement 
of the approval for collection of information related to its review and 
approval of management contracts for the operation of tribal gaming 
facilities. OMB previously approved this information collection 
requirement but the approval has expired. As to each information 
collection activity, the NIGC solicits public comment on: The need for 
the information, the practical utility of the information and whether 
the information is necessary for the proper performance of NIGC 
functions; the accuracy of the burden estimate; and ways that the NIGC 
might minimize this burden including the use of automated collection 
techniques or other forms of information technology. When providing 
comment, a respondent should specify the particular collection activity 
to which the comment pertains.

DATES AND ADDRESSES: Comments for the NIGC's evaluation of the 
information collection activities and its request to OMB to extend or 
approve the information collections must be received by December 30, 
2000. Send comments to Ms. Juanita Mendoza, National Indian Gaming 
Commission, 1441 L Street, NW., Suite 9100, Washington, DC 20005. The 
NIGC regulations to which the information collections pertain are 
available on the NIGC website, www.nigc.gov. A copy of the NEPA 
procedures for the NIGC are available on request by providing a mailing 
address to the point of contact for questions and comments listed on 
the website. Both the regulations and the NEPA procedures are also 
available by written request to the NIGC (Attn: Ms. Juanita Mendoza), 
1441 L Street NW., Suite 9100, Washington, DC, 20005, or by telephone 
request at (202) 632-7003. There are no toll-free numbers. All other 
requests for information should be submitted to Ms. Mendoza at the 
above address for the NIGC.

SUPPLEMENTARY INFORMATION:
    Title: Compliance and Enforcement under the Indian Gaming 
Regulatory Act.
    OMB Number: 3141-0001.
    Abstract: The Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) 
[IGRA] governs the regulation of gaming on Indian lands. Although the 
IGRA places primary responsibility with the tribes for regulating 
gaming, Section 2706 (b) of the Act directs the NIGC to monitor gaming 
conducted on Indian lands on a continuing basis. The IGRA authorizes 
the NIGC to access and inspect all papers, books and records relating 
to gaming conducted on Indian lands. In accordance with this statutory 
responsibility, 25 CFR 571.7 requires Indian gaming operations to keep 
permanent financial records. 25 CFR 571.12 and 571.13 require, 
respectively, an annual independent audit of a tribe's gaming 
operations and submission of this audit to the NIGC. The NIGC uses this 
information to fulfill its statutory responsibility to monitor Indian 
gaming. Section 2710 of the IGRA requires tribes to conduct background 
investigations on key employees and primary management officials 
involved in class II and class III gaming. 25 CFR 556 and 558 require 
tribes to perform each investigation using information such as name, 
address, previous employment records, previous relationships with 
either Indian tribes or the gaming industry, and licensing relating to 
those relationships, any convictions and any other information a tribe 
feels is relevant to the employment of the individuals being 
investigated. Tribes are then required to submit to the NIGC a copy of 
the completed employment applications and investigative reports and 
licensing eligibility determinations on key employees or primary 
management officials before issuing gaming licenses to those persons. 
The NIGC will use this information in conducting its review of the 
suitability determinations and will advise the tribe if it disagrees 
with any particular determination.
    Estimated Burden: The reporting burden for this collection of 
information is estimated to be 40 hours per response for access and 
inspection of records, 100 hours for the preparation and submission of 
an annual audit, and 400 hours annually, on the average, for each tribe 
for submission of matters related to background information and 
licensing.
    Respondents: Indian tribes conducting gaming operations.
    Estimated Number of Respondents: 220.
    Estimated Annual Responses: 30,640.
    Estimated Total Annual Burden on Respondents: 127,800 hours.
    Title: Privacy Act Procedures.
    OMB Number: 3141-0002.
    Abstract: To implement the IGRA, it is necessary for the NIGC to 
collect, maintain and use personal information gathered on certain 
individuals. Under

[[Page 63895]]

25 CFR Secs. 556 and 558, tribes must submit to the NIGC information 
regarding key employees and management officials employed at a tribal 
gaming operation. The NIGC compiles and stores this information in a 
system of records. Pursuant to the Privacy Act of 1974 [5 U.S.C. 552a] 
agencies must promulgate regulations regarding the collection, 
maintenance, use and dissemination of records within a system. Under 25 
CFR 515.3, individuals can request information on whether they are 
subject to any record. Individuals may also request access to those 
records and may ask the NIGC to make corrections or amendments if the 
information is not accurate. The NIGC will use the information 
submitted by the responder in making this determination.
    Estimated Burden: The reporting burden for this collection of 
information is estimated to be 1 hour per response.
    Respondents: Individuals requesting access to records.
    Estimated Number of Respondents: 5.
    Estimated Annual Responses: 5.
    Estimated Total Annual Burden on Respondents: 5 hours.
    Title: Approval of Class II and Class III Ordinances.
    OMB Number: 3141-000-3.
    Abstract: The IGRA establishes the National Indian Gaming 
Commission as an independent regulatory agency to oversee Indian 
gaming. The Act sets standards for the regulation of gaming including 
requirements for approval or disapproval of tribal gaming ordinances. 
IGRA section 2705(a)(3) requires the Chairman to review all class II 
and class III tribal gaming ordinances. In accordance with this 
provision, 25 CFR 552.2 of the NIGC's regulations requires tribes to 
submit to the NIGC: (1) A copy of the gaming ordinance to be approved, 
a copy of the authorizing resolution by which it was enacted by the 
tribal government and a request for approval of the ordinance or 
resolution; (2) a description of procedures the tribe will employ in 
conducting background investigations on key employees or primary 
management officials; (3) a description of procedures the tribe will 
use to issue licenses to primary management officials and key 
employees; (4) copies of all gaming regulations; (5) a copy of any 
applicable tribal-state compact; (6) a description of dispute 
resolution procedures for disputes arising between the gaming public 
and the tribe or management contractor; (7) identification of the law 
enforcement agent that will take fingerprints and a description of the 
procedures for conducting criminal history checks; and (8) designation 
of an agent for service of process. Under 25 CFR Sec. 522.3, tribes 
must submit any amendment to the ordinance or resolution for approval 
by the Chairman. In this instance, the tribe must provide a copy of the 
authorizing resolution. The NIGC will use the information collected to 
approve or disapprove the ordinance or amendment.
    Estimated Burden: The reporting burden for this collection of 
information is estimated to be 80 hours per response for approval of an 
initial gaming ordinance, and 5 hours per response for an amendment.
    Respondents: Indian tribes conducting gaming operations.
    Estimated Number of Respondents: 220.
    Estimated Annual Responses: Initial ordinance review requests: 10; 
ordinance amendment review requests: 50.
    Estimated Total Annual Burden on Respondents: 1,050 hours.
    Title: National Environmental Policy Act Procedures.
    OMB Number: 3141-006.
    Abstract: The National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) was enacted to encourage a national policy of protecting, 
enhancing, and restoring the quality of the human environment. The 
Council on Environmental Quality (CEQ), established pursuant to the 
National Environmental Policy Act (NEPA), promulgated implementing 
regulations at 40 CFR 1501 et seq. NEPA and CEQ's regulations require 
every Federal agency to establish procedures and strategies that 
consider the environmental consequences of Federal agency actions. 
Under NEPA, Federal agencies are required to prepare or cause to be 
prepared environmental documents relating to actions by the agency that 
may have significant impact on the environment. The NEPA process will 
be triggered when a tribe and management contractor seek approval of a 
management contract under 25 CFR 533 which involves the construction of 
or significant modification to a gaming facility. NIGC procedures 
discuss the submission of an environmental assessment for consideration 
incident to that approval process. NIGC will use the environmental 
assessment in determining whether there is significant impact on the 
environment as a result of the construction or significant facility 
modification and may require mitigations described in the assessment to 
minimize any impact.
    Respondents: Indian tribes seeking approval of a management 
contract for tribal gaming operations and/or a management contactor.
    Estimated Number of Respondents: 50.
    Estimated Annual Responses: 15.
    Estimated Annual Burden Hours: 7,500.
    Estimated Burden Hours per Response: 500.
    Title: Approval of Management Contracts.
    OMB Number: 3141-0004 (expired).
    Abstract: Under Sections 2710(e) and 2711 of the IGRA, subject to 
the approval of the NIGC Chairman, an Indian tribe may enter into a 
management contract for the operation and management of a tribal gaming 
activity. In approving a management contract, by the terms of the 
statute, the Chairman shall require and obtain the name, address, and 
other pertinent background information on each person or entity having 
a direct financial interest in, or management responsibility for such 
contract, and in the case of a corporation those individuals who serve 
on the board of directors of such corporation and each of its 
stockholders who hold 10 percent or more of its shares; a description 
of previous experience that each person has had with other Indian 
gaming contracts or with the gaming industry including any gaming 
licenses which the person holds; and a complete financial statement of 
each person listed. Under 25 CFR part 533, the Chairman requires the 
submission of the contract with original signatures, any collateral 
agreements to the contract, a tribal ordinance or resolution 
authorizing the submission and supporting documentation, a three-year 
business plan which sets forth the parties' goals, objectives, budgets, 
financial plans, and related matters and income statements and sources 
and use of funds statements for the previous three years, and, for any 
contract exceeding five years or which includes a management fee of 
more than 30 percent, justification that the capital investment 
required and income projections for the gaming operation require the 
longer duration or the additional fee. Under 25 CFR part 535, the 
Chairman may approve a modification to a management contract or an 
assignment of that management contract based on information similar to 
that required under part 533. The part also specifies that the Chairman 
may void a previous management contract approval and allows the parties 
the opportunity to submit information relevant to that determination. 
25 CFR part 537 specifies the requirements for submission of background 
information

[[Page 63896]]

in amplification of the statutory requirement for obtaining information 
on persons and entities having a direct financial interest in or 
management responsibility for a management contract. Finally, 25 CFR 
part 539 permits appeals to the Commission from a decision of the 
Chairman to disapprove a management contract and allows the Indian 
tribe and the management company an opportunity to provide information 
relevant to that appeal. The NIGC will use the information collected to 
either approve or disapprove the contract or, in the case of an appeal, 
to grant or deny the appeal.
    Estimated Burden: The reporting burden for this collection of 
information is estimated to be 500 hours per response.
    Respondents: Indian tribes conducting gaming and management 
contractors for tribal gaming operations.
    Estimated Number of Respondents: 100.
    Estimated Annual Responses: 15.
    Estimated Total Annual Burden on Respondents: 7,500.

Montie R. Deer,
Chairman, National Indian Gaming Commission.
[FR Doc. 00-27408 Filed 10-24-00; 8:45 am]
BILLING CODE 7565-01-P