| National Indian Gaming Commission                                                                                                                                                                                              |                                                                                                                      |                                                                                                                                      |
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| 2009 Annual FOIA Report                                                                                                                                                                                                        |                                                                                                                      |                                                                                                                                      |
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| I.                                                                                                                                                                                                                             | Basic Information Regarding Report                                                                                   |                                                                                                                                      |
|                                                                                                                                                                                                                                | Any questions concerning this report should be directed to:                                                          |                                                                                                                                      |
|                                                                                                                                                                                                                                |                                                                                                                      | Laura L Corbman                                                                                                                      |
|                                                                                                                                                                                                                                |                                                                                                                      | FOIA/PA Officer                                                                                                                      |
|                                                                                                                                                                                                                                |                                                                                                                      | National Indian Gaming Commission                                                                                                    |
|                                                                                                                                                                                                                                |                                                                                                                      | 1441 L Street, N.W., Suite 9100                                                                                                      |
|                                                                                                                                                                                                                                |                                                                                                                      | Washington, D.C. 20005                                                                                                               |
|                                                                                                                                                                                                                                |                                                                                                                      | Telephone number:  (202) 632-7003                                                                                                    |
|                                                                                                                                                                                                                                |                                                                                                                      | Fax number:  (202) 632-7066                                                                                                          |
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|                                                                                                                                                                                                                                | This report is available on the NIGC Web site:                                                                       |                                                                                                                                      |
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| http://www.nigc.gov/FreedomofinformationAct/FOIAAnnualReports/tabid/129/Default.aspx                                                                                                                                           |                                                                                                                      |                                                                                                                                      |
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|                                                                                                                                                                                                                                | To obtain a copy of the report in paper form contact:                                                                |                                                                                                                                      |
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|                                                                                                                                                                                                                                |                                                                                                                      | Laura L Corbman                                                                                                                      |
|                                                                                                                                                                                                                                |                                                                                                                      | FOIA/PA Officer                                                                                                                      |
|                                                                                                                                                                                                                                |                                                                                                                      | National Indian Gaming Commission                                                                                                    |
|                                                                                                                                                                                                                                |                                                                                                                      | 1441 L Street, N.W., Suite 9100                                                                                                      |
|                                                                                                                                                                                                                                |                                                                                                                      | Washington, D.C. 20005                                                                                                               |
|                                                                                                                                                                                                                                |                                                                                                                      | Telephone number:  (202) 632-7003                                                                                                    |
|                                                                                                                                                                                                                                |                                                                                                                      | Fax number:  (202) 632-7066                                                                                                          |
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| II.                                                                                                                                                                                                                            | Making a FOIA Request                                                                                                |                                                                                                                                      |
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|                                                                                                                                                                                                                                | For basic information on how to make a FOIA request, visit our Web site at:                                          |                                                                                                                                      |
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| http://www.nigc.gov/FreedomofinformationAct/FOIAAnnualReports/tabid/535/Default.aspx#MR                                                                                                                                        |                                                                                                                      |                                                                                                                                      |
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|                                                                                                                                                                                                                                | Address of office that receives FOIA requests:                                                                       |                                                                                                                                      |
|                                                                                                                                                                                                                                | FOIA requests are centralized and written requests should be addressed to:                                           |                                                                                                                                      |
|                                                                                                                                                                                                                                |                                                                                                                      | Laura L Corbman                                                                                                                      |
|                                                                                                                                                                                                                                |                                                                                                                      | FOIA/PA Officer                                                                                                                      |
|                                                                                                                                                                                                                                |                                                                                                                      | National Indian Gaming Commission                                                                                                    |
|                                                                                                                                                                                                                                |                                                                                                                      | 1441 L Street, N.W., Suite 9100                                                                                                      |
|                                                                                                                                                                                                                                |                                                                                                                      | Washington, D.C. 20005                                                                                                               |
|                                                                                                                                                                                                                                |                                                                                                                      | Telephone number:  (202) 632-7003                                                                                                    |
|                                                                                                                                                                                                                                |                                                                                                                      | Fax number:  (202) 632-7066                                                                                                          |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Type of Agency records responsive to FOIA exemptions:                                                                |                                                                                                                                      |
|                                                                                                                                                                                                                                |
| Responsive documents include Bulletins, Commission Final Decisions, Management Contracts, Enforcement Actions, Gaming Ordinances, Proprietary Interest Matter, and Game Classification Opinions.                               |                                                                                                                      |                                                                                                                                      |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Brief description of why some requests are not granted:                                                              |                                                                                                                                      |  |
| Requests for information are not granted if the information sought falls within one of the FOIA exemptions; the information requested falls under the jurisdiction of another authority; or no responsive records are located. |                                                                                                                      |                                                                                                                                      |  |
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| III.                                                                                                                                                                                                                           | Acronyms, Definitions, and Exemptions                                                                                |                                                                                                                                      |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Agency-specific acronyms or other terms:                                                                             |                                                                                                                                      |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | FOIA                                                                                                                                 | Freedom of Information Act |
|                                                                                                                                                                                                                                |                                                                                                                      | NIGC                                                                                                                                 | National Indian Gaming Commission |
|                                                                                                                                                                                                                                |                                                                                                                      | PA                                                                                                                                   | Privacy Act |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Basic terms, expressed in common terminology:                                                                        |                                                                                                                                      |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | a.                                                                                                                                   | Administrative Appeal ? a request to a federal agency asking that it review at a higher administrative level a FOIA determination made by the agency at the initial request level. |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | b.                                                                                                                                   | Average Number ? the number obtained by dividing the sum of a group of numbers by the quantity of numbers in the group.  For example, of 3, 7, and 14, the average number is 8. |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | c.                                                                                                                                   | Backlog ? the number of requests or administrative appeals that are pending at an agency at the end of the fiscal year that are beyond the statutory time period for a response |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | d.                                                                                                                                   | Component ? for agencies that process requests on a decentralized basis, a ?component? is an entity, also sometimes referred to as an Office, Division, Bureau, Center, or Directorate, within the agency that processed FOIA requests.  The FOIA now requires that agencies include in their Annual FOIA Report data for both the agency overall and for each principal component of the agency. |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | e.                                                                                                                                   | Consultation ? the procedure whereby the agency responding to a FOIA request first forwards a record to another agency for its review because that other agency has an interest in the document.  Once the agency is receipt of the consultation finishes its review of the record, it responds back to the agency that forwarded it.  That agency, in turn, will then respond to the FOIA requester. |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | f.                                                                                                                                   | Exemption 3 Statute ? a federal statute that exempts information from disclosure and which the agency relies on to withhold information under subsection (b)(3) of the FOIA. |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | g.                                                                                                                                   | FOIA Request ? a FOIA request is generally a request to a federal agency for access to records concerning another person (i.e., a ?third-party? request), or concerning an organization, or a particular topic of interest.  FOIA requests also include requests made by requesters seeking records concerning themselves (i.e., ?first-party? requests) when those requesters are not subject to the Privacy Act, such as non-U.S. citizens.  Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond it Privacy Act ?systems of records? or where a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest possible access.  All requests which require the agency to utilize the FOIA in responding to the requester are included in this Report. |
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|                                                                                                                                                                                                                                |                                                                                                                      | h.                                                                                                                                   | Full Grant ? an agency decision to disclose all records in full in response to a FOIA request. |
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|                                                                                                                                                                                                                                |                                                                                                                      | i.                                                                                                                                   | Full Denial ? an agency decision not to release any records in response to a FOIA request because the records are exempt in their entireties under one or more of the FOIA exemptions, or because of a procedural reason, such as when no records could be located. |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | j.                                                                                                                                   | Median Number ? the middle, not average, number.  For example, of 3, 7, and 14, the median number is 7. |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | k.                                                                                                                                   | Multi-Track Processing ? a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex request are placed in one or more other tracks.  Requests granted expedited processing are placed in yet another track.  Requests in each track are processed on a first in/first out basis. |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      | i. | Expedited Processing ? an agency will process a FOIA request on a expedited basis when a requester satisfies the requirements for expedited processing as set forth in the statute and in agency regulations. |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      | ii. | Simple Requests ? a FOIA request that an agency using multi-track processing places in its fastest (non-expedited) track based on the low volume and/or simplicity of the records requested. |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      | iii. | Complex Request ? a FOIA request that an agency using multi-track processing places in a slower track based on the high volume and/or complexity of the records requested. |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | l.                                                                                                                                   | Partial Grant/Partial Denial ? in response to a FOIA request, an agency decision to disclose portions of the records and to withhold other portions that are exempt under the FOIA, or to otherwise deny a portion of the request for a procedural reason. |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | m.                                                                                                                                   | Pending Request or Pending Administrative Appeal ? a request or administrative appeal for which an agency has not taken final action in all respects. |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | n.                                                                                                                                   | Perfected Request ? a request for records which reasonably describes such records and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed. |  |
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|                                                                                                                                                                                                                                |                                                                                                                      | o.                                                                                                                                   | Processed Request or Processed Administrative Appeal ? a request or administrative appeal for which an agency has taken final action in all respects. |
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|                                                                                                                                                                                                                                |                                                                                                                      | p.                                                                                                                                   | Range in Number of Days ? the lowest and highest number of days to process requests or administrative appeals. |
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|                                                                                                                                                                                                                                |                                                                                                                      | q.                                                                                                                                   | Time Limits ? the time period in the statute for an agency to respond to a FOIA request (ordinarily twenty working days from receipt of a perfected FOIA request). |
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|                                                                                                                                                                                                                                | Description of nine FOIA exemptions:                                                                                 |                                                                                                                                      |  |
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|                                                                                                                                                                                                                                |                                                                                                                      | a.                                                                                                                                   | Exemption 1 ? classified national defense and foreign relations information. |
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|                                                                                                                                                                                                                                |                                                                                                                      | b.                                                                                                                                   | Exemption 2 ? internal agency rules and practices |
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|                                                                                                                                                                                                                                |                                                                                                                      | c.                                                                                                                                   | Exemption 3 ? information that is prohibited from disclosure by another federal law. |
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|                                                                                                                                                                                                                                |                                                                                                                      | d.                                                                                                                                   | Exemption 4 ? trade secrets and other confidential business information. |
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|                                                                                                                                                                                                                                |                                                                                                                      | e.                                                                                                                                   | Exemption 5 ? inter-agency or intra-agency communications that are protected by legal privileges. |
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|                                                                                                                                                                                                                                |                                                                                                                      | f.                                                                                                                                   | Exemption 6 ? information involving matter of personal privacy. |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | g.                                                                                                                                   | Exemption 7 ? records or information compiled for  law enforcement purposes, to the extent that the production of those records (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose techniques and procedures for  law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individual. |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      |  |
|                                                                                                                                                                                                                                |                                                                                                                      | h.                                                                                                                                   | Exemption 8 ? information relating to the supervision of financial institutions. |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | i.                                                                                                                                   | Exemption 9 ? geological information on wells. |
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| IV.                                                                                                                                                                                                                            | Exemption 3 Statutes                                                                                                 |                                                                                                                                      |  |
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|                                                                                                                                                                                                                                | Exemption 3 Statutes Relied upon to Withhold Information                                                             |                                                                                                                                      |  |
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|                                                                                                                                                                                                                                |                                                                                                                      | List of all Exemption 3 statutes relied upon and the number of times:                                                                |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      | Exemption 3 was not cited in any of the requests. |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | Provide a brief description of the types of information withheld under each statute:                                                 |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      | Not applicable. |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | Indicate whether a court has upheld the use of the statute by providing a citation to a court decision:                              |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      | Not applicable. |  |
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| V.                                                                                                                                                                                                                             | FOIA Requests                                                                                                        |                                                                                                                                      |  |  |
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|                                                                                                                                                                                                                                | A.                                                                                                                   | Received, Processed and Pending FOIA Requests:                                                                                       |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number of Requests Pending as of Start of Fiscal Year                                                                | Number of Requests Received in Fiscal Year                                                                                           | Number of Requests Processed in Fiscal Year | Number of Requests Pending as of End of Fiscal Year |
|                                                                                                                                                                                                                                |
| Agency Overall                                                                                                                                                                                                                 | 6                                                                                                                    | 67                                                                                                                                   | 67 | 6 |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      |  | (four of these pending requests were within the 20 working day time limit for response) |
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|                                                                                                                                                                                                                                | B.                                                                                                                   | -1                                                                                                                                   | Disposition of FOIA Requests ? All Processed Requests: |  |
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|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number of Full Grants                                                                                                | Number of Partial Grants/ Partial Denials                                                                                            | Number of Full Denials Based on Exemptions |  |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      |  | Number of Full Denials Based on Reasons Other than Exemptions |
|                                                                                                                                                                                                                                |
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|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      |  | No Records | All Records Referred to Another Component or Agency | Request Withdrawn | Fee- Related Reason | Records not Reasonably Described | Improper FOIA Request for Other Reason | Not Agency Record | Duplicate  Request | Other | TOTAL |
|                                                                                                                                                                                                                                |
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|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      |  |  |  |  |  |  |  |  |  | *Explain in chart below |  |
| Agency Overall                                                                                                                                                                                                                 |                                                                                                                      |                                                                                                                                      |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                | 14                                                                                                                   | 28                                                                                                                                   | 5 | 12 | 0 | 5 | 2 | 0 | 1 | 0 | 0 | 0 | 67 |
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| B.                                                                                                                                                                                                                             | -2                                                                                                                   | Disposition of FOIA Requests ? ?Other? Reasons for ?Full Denials Based on Reasons                                                    |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |                                                                                                                      | Other than Exemptions? from Section V, B (1) Chart:                                                                                  |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Description of ?Other? Reasons for Denials from Chart B (1) & Numbers of Times Those Reasons Were Relied Upon    |                                                                                                                                      |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
| Component                                                                                                                                                                                                                      |                                                                                                                      | Total                                                                                                                                |  |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
| Agency                                                                                                                                                                                                                         | N/A                                                                                                                  | 0                                                                                                                                    |  |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| B.                                                                                                                                                                                                                             | -3                                                                                                                   | Disposition of FOIA Requests ? Number of Times Exemptions Applied:                                                                   |  |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Ex. 1                                                                                                                | Ex. 2                                                                                                                                | Ex. 3 | Ex. 4 | Ex. 5 | Ex. 6 | Ex. 7(A) | Ex. 7(B) | Ex. 7(C) | Ex. 7(D) | Ex. 7(E) | Ex. 7(F) | Ex. 8 | Ex. 9 |
|                                                                                                                                                                                                                                |
| Agency Overall                                                                                                                                                                                                                 | 0                                                                                                                    | 1                                                                                                                                    | 0 | 23 | 10 | 21 | 5 | 0 | 1 | 0 | 2 | 0 | 0 | 0 |
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|                                                                                                                                                                                                                                |
| VI.                                                                                                                                                                                                                            | Administrative Appeals of Initial Determinations of FOIA Requests                                                    |                                                                                                                                      |  |  |
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|                                                                                                                                                                                                                                | A.                                                                                                                   | Received, Processed and Pending Administrative Appeals:                                                                              |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| Number of Appeals Pending as of Start of Fiscal Year                                                                                                                                                                           | Number of Appeals Received in Fiscal Year                                                                            | Number of Appeals Processed in Fiscal Year                                                                                           | Number of Appeals Pending as of End of Fiscal Year |  |
|                                                                                                                                                                                                                                |
| 0                                                                                                                                                                                                                              | 3                                                                                                                    | 3                                                                                                                                    | 0 |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | B.                                                                                                                   | Disposition of Administrative Appeals ? All Processed Appeals:                                                                       |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| Number Affirmed on Appeal                                                                                                                                                                                                      | Number Partially Affirmed & Partially Reversed / Remanded on Appeal                                              | Number completely Reversed /  Remanded on Appeal                                                                                     | Number of Appeals Closed for Other Reasons | Total |
|                                                                                                                                                                                                                                |
| 1                                                                                                                                                                                                                              | 2                                                                                                                    | 0                                                                                                                                    | 0 | 3 |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| C.                                                                                                                                                                                                                             | -1                                                                                                                   | Reasons for Denial on Appeal ? Number of Times Exemptions Applied:                                                                   |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| Ex. 1                                                                                                                                                                                                                          | Ex. 2                                                                                                                | Ex. 3                                                                                                                                | Ex. 4 | Ex. 5 | Ex. 6 | Ex. 7(A) | Ex. 7(B) | Ex. 7(C) | Ex. 7(D) | Ex. 7(E) | Ex. 7(F) | Ex. 8 | Ex. 9 |
| 0                                                                                                                                                                                                                              | 0                                                                                                                    | 0                                                                                                                                    | 3 | 3 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | C.                                                                                                                                   | -2 | Reasons for Denial on Appeal ? Reasons Other than Exemptions: |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| No Records                                                                                                                                                                                                                     | Records Referred at Initial Request  Level                                                                           | Request Withdrawn                                                                                                                    | Fee ? Related Reason | Records not Reasonably Described | Improper Request for Other Reasons | Not Agency Record | Duplicate Request or Appeal | Request in Litigation | Appeal Based Solely on Denial of Request for Expedited Processing | Other |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      |  |  |  |  |  |  |  | *Explain in Chart below |
| 0                                                                                                                                                                                                                              | 0                                                                                                                    | 0                                                                                                                                    | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
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|                                                                                                                                                                                                                                |                                                                                                                      | C.                                                                                                                                   | -3 | Reasons for Denial on Appeal ? ?Other? Reasons from Section VI, C (2) Chart: |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
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|                                                                                                                                                                                                                                |
| Description of ?Other? Reasons for Denial on Appeal from Chart C (2) & Number of Times Those Reasons Were Relied Upon                                                                                                      |                                                                                                                      |                                                                                                                                      |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                | Total                                                                                                                |                                                                                                                                      |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
| N/A                                                                                                                                                                                                                            | 0                                                                                                                    |                                                                                                                                      |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | C.                                                                                                                                   | -4 | Response Time for Administrative Appeals: |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
| Median Number of Days                                                                                                                                                                                                          | Average Number of Days                                                                                               | Lowest Number of Days                                                                                                                | Highest Number of Days |  |  |  |  |  |  |  |
| 15                                                                                                                                                                                                                             | 15.3                                                                                                                 | 11                                                                                                                                   | 20 |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | C.                                                                                                                                   | -5 | Ten Oldest Pending Administrative Appeals: |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | 10th Oldest Appeal                                                                                                   |                                                                                                                                      |  |  |  |  |  |  |  | Oldest Appeal |
|                                                                                                                                                                                                                                |                                                                                                                      | 9th                                                                                                                                  | 8th | 7th | 6th | 5th | 4th | 3rd | 2nd |  |
| Date of Receipt of Ten Oldest Appeals                                                                                                                                                                                          |                                                                                                                      |                                                                                                                                      |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                | n/a                                                                                                                  | n/a                                                                                                                                  | n/a | n/a | n/a | n/a | n/a | n/a | n/a | n/a |
| Number of Days Pending                                                                                                                                                                                                         |                                                                                                                      |                                                                                                                                      |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                | n/a                                                                                                                  | n/a                                                                                                                                  | n/a | n/a | n/a | n/a | n/a | n/a | n/a | n/a |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| VII.                                                                                                                                                                                                                           | FOIA Request:  Response Time for Processed and Pending Requests                                                      |                                                                                                                                      |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | A.                                                                                                                                   | Processed Requests ? Response Time for All Processed Perfected Requests: |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | SIMPLE                                                                                                               |                                                                                                                                      |  |  | COMPLEX |  |  |  | EXPEDITED PROCESSING |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Median Number of Days                                                                                                | Average Number of Days                                                                                                               | Lowest Number of Days | Highest Number of Days | Median Number of Days | Average Number of Days | Lowest Number of Days | Highest Number of Days | Median Number of Days | Average Number of Days | Lowest Number of Days | Highest Number of Days |
| Agency Overall                                                                                                                                                                                                                 | 12                                                                                                                   | 15.1                                                                                                                                 | 1 | 49 | 43.5 | 48.7 | 14 | 110 | 6 | 6 | 5 | 7 |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | B.                                                                                                                                   | Processed Requests ? Response Time for Perfected Requests in Which Information Was Granted: |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | SIMPLE                                                                                                               |                                                                                                                                      |  |  | COMPLEX |  |  |  | EXPEDITED PROCESSING |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Median Number of Days                                                                                                | Average Number of Days                                                                                                               | Lowest Number of Days | Highest Number of Days | Median Number of Days | Average Number of Days | Lowest Number of Days | Highest Number of Days | Median Number of Days | Average Number of Days | Lowest Number of Days | Highest Number of Days |  |  |
| Agency Overall                                                                                                                                                                                                                 | 16                                                                                                                   | 18.4                                                                                                                                 | 1 | 49 | 65 | 59.3 | 17 | 110 | 6 | 6 | 5 | 7 |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | C.                                                                                                                                   | Processed Requests ? Response Time in Day Increments: |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
| Simple Requests                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      |  |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                | 20-Jan                                                                                                               | 21-40 Days                                                                                                                           | 41-60 Days | 61-80 Days | 81-100 Days | 101-120 Days | 121-140 Days | 141-160 Days | 161-180 Days | 181-200 Days | 201-300 Days | 301-400 Days | 401+ Days |  |
|                                                                                                                                                                                                                                | Days                                                                                                                 |                                                                                                                                      |  |  |  |  |  |  |  |  |  |  |  | Total |
| Agency Overall                                                                                                                                                                                                                 | 35                                                                                                                   | 8                                                                                                                                    | 4 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 47 |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| Complex Requests                                                                                                                                                                                                               |                                                                                                                      |                                                                                                                                      |  |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                | 20-Jan                                                                                                               | 21-40 Days                                                                                                                           | 41-60 Days | 61-80 Days | 81-100 Days | 101-120 Days | 121-140 Days | 141-160 Days | 161-180 Days | 181-200 Days | 201-300 Days | 301-400 Days | 401+ Days |  |
|                                                                                                                                                                                                                                | Days                                                                                                                 |                                                                                                                                      |  |  |  |  |  |  |  |  |  |  |  | Total |
| Agency Overall                                                                                                                                                                                                                 | 5                                                                                                                    | 4                                                                                                                                    | 2 | 5 | 0 | 2 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 18 |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| Requests Granted Expedited Processing                                                                                                                                                                                          |                                                                                                                      |                                                                                                                                      |  |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                | 20-Jan                                                                                                               | 21-40 Days                                                                                                                           | 41-60 Days | 61-80 Days | 81-100 Days | 101-120 Days | 121-140 Days | 141-160 Days | 161-180 Days | 181-200 Days | 201-300 Days | 301-400 Days | 401+ Days |  |
|                                                                                                                                                                                                                                | Days                                                                                                                 |                                                                                                                                      |  |  |  |  |  |  |  |  |  |  |  | Total |
| Agency Overall                                                                                                                                                                                                                 | 2                                                                                                                    | 0                                                                                                                                    | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 2 |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | D.                                                                                                                                   | Pending Requests ? All Pending Perfected Requests: |  |  |  |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | SIMPLE                                                                                                               |                                                                                                                                      |  | COMPLEX |  |  | EXPEDITED PROCESSING |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number Pending                                                                                                       | Median Number of Days                                                                                                                | Average Number of Days | Number Pending | Median Number of Days | Average Number of Days | Number Pending | Median Number of Days | Average Number of Days |  |
|                                                                                                                                                                                                                                |
| Agency Overall                                                                                                                                                                                                                 | 0                                                                                                                    | 0                                                                                                                                    | 0 | 6 | 13 | 27 | 0 | 0 | 0 |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      | E. | Pending Requests ? Ten Oldest Pending Perfected Requests: |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | 10th Oldest Request and Number of Days Pending                                                                       |                                                                                                                                      |  |  |  |  |  |  |  | Oldest Request and Number of Days Pending |
|                                                                                                                                                                                                                                |                                                                                                                      | 9th                                                                                                                                  | 8th | 7th | 6th | 5th | 4th | 3rd | 2nd |  |
| Agency Overall                                                                                                                                                                                                                 |                                                                                                                      |                                                                                                                                      |  |  | 9/28/2009 | 9/21/2009 | 9/18/2009 | 9/8/2009 | 8/18/2009 | 5/19/2009 |
|                                                                                                                                                                                                                                | n/a                                                                                                                  | n/a                                                                                                                                  | n/a | n/a | 3 | 8 | 9 | 17 | 31 | 94 |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| VIII.                                                                                                                                                                                                                          | Requests For Expedited Processing and Requests For Fee Waiver                                                        |                                                                                                                                      |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      | A. | Requests for Expedited Processing |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number Granted                                                                                                       | Number Denied                                                                                                                        | Median Number of Days to Adjudicate | Average Number of Days to Adjudicate | Number Adjudicated Within Ten Calendar Days |
| Agency Overall                                                                                                                                                                                                                 | 1                                                                                                                    | 1                                                                                                                                    | 1 | 1 | 2 |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      |                                                                                                                                      | B. | Request for Fee Waiver |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number Granted                                                                                                       | Number Denied                                                                                                                        | Median Number of Days to Adjudicate | Average Number of Days to Adjudicate |  |
| Agency Overall                                                                                                                                                                                                                 | 1                                                                                                                    | 1                                                                                                                                    | 1 | 1 |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| IX.                                                                                                                                                                                                                            | FOIA Personnel and Costs                                                                                             |                                                                                                                                      |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Personnel                                                                                                            |                                                                                                                                      |  | Costs |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number of ?Full-Time FOIA Employees?                                                                                 | Number of ?Equivalent Full-Time FOIA Employees?                                                                                      | Total Number of ?Full-Time FOIA Staff? | Processing Costs | Litigation Related Costs | Total Costs |
| Agency Overall                                                                                                                                                                                                                 |                                                                                                                      |                                                                                                                                      |  |  |  |  |
|                                                                                                                                                                                                                                | 1                                                                                                                    | 0.25                                                                                                                                 | 1.25 | 130,000 | 0 | 130,000 |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| X.                                                                                                                                                                                                                             | Fees Collected For Processing Requests                                                                               |                                                                                                                                      |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Total Amount of Fees Collected                                                                                       | Percentage of Total Costs                                                                                                            |
| Agency Overall                                                                                                                                                                                                                 | 4301.7                                                                                                               | 3.3                                                                                                                                  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| XI.                                                                                                                                                                                                                            | FOIA Regulations                                                                                                     |                                                                                                                                      |
|                                                                                                                                                                                                                                |
| NIGC FOIA regulations and fee schedule can be found in 25 CFR ? 517.  A paper copy of this regulation can be obtained by contacting the FOIA Officer (see section 1 of this report) or electronically at the following:        |                                                                                                                      |                                                                                                                                      |
|                                                                                                                                                                                                                                | http://www.nigc.gov/Portals/0/NIGC%20Uploads/foia/nigcfoiaregs51906.pdf                                              |                                                                                                                                      |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
| XII.                                                                                                                                                                                                                           | Backlogs, Consultations, and Comparisons                                                                             |                                                                                                                                      |
|                                                                                                                                                                                                                                | A.                                                                                                                   | Backlogs of FOIA Requests and Administrative Appeals:                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number of Backlogged Requests as of End of Fiscal Year                                                               | Number of Backlogged Appeals as of End of Fiscal Year                                                                                |
| Agency Overall                                                                                                                                                                                                                 |                                                                                                                      |                                                                                                                                      |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                | 2                                                                                                                    | 0                                                                                                                                    |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | B.                                                                                                                   | Consultations on FOIA Requests ? Received, Processed, and Pending Consultations:                                                     |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number of Consultations Received from Other Agencies that were Pending at Your Agency as of Start of the Fiscal Year | Number of Consultations Received from Other Agencies During the Fiscal Year                                                          | Number of Consultations Received from Other Agencies that were Processed by Your Agency During the Fiscal Year | Number of Consultations Received from Other Agencies that were Pending at Your Agency as of End of the Fiscal Year |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
| Agency Overall                                                                                                                                                                                                                 | 0                                                                                                                    | 0                                                                                                                                    | 0 | 0 |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | C.                                                                                                                   | Consultations on FOIA Requests ? Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency:                   |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | 10th Oldest Consultation and Number of Days Pending                                                                  |                                                                                                                                      |  |  |  |  |  |  |  | Oldest Consultation and Number of Days Pending |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | 9th                                                                                                                                  | 8th | 7th | 6th | 5th | 4th | 3rd | 2nd |  |
|                                                                                                                                                                                                                                |
| Agency Overall                                                                                                                                                                                                                 |                                                                                                                      |                                                                                                                                      |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                | 0                                                                                                                    | 0                                                                                                                                    | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | D.                                                                                                                   | Comparison of Numbers of Requests from Previous and Current Annual Report ? Requests Received, Processed, and Backlogged:            |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number of Requests Received                                                                                          |                                                                                                                                      | Number of Requests Processed |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number Received During Fiscal Year from Last Year?s Annual Report                                                    | Number Received During Fiscal Year from Current Annual Report                                                                        | Number Processed During Fiscal Year from Last Year?s Annual Report | Number Processed During Fiscal Year from Current Annual Report |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
| Agency Overall                                                                                                                                                                                                                 | 107                                                                                                                  | 67                                                                                                                                   | 104 | 67 |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number of Backlogged Requests as of End of Fiscal Year From Previous Annual Report                                   | Number of Backlogged Requests as of End of the Fiscal Year From Current Annual Report                                                |  |  |  |  |  |  |  |  |
|                                                                                                                                                                                                                                |
| Agency Overall                                                                                                                                                                                                                 | 1                                                                                                                    | 2                                                                                                                                    |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | E.                                                                                                                   | Comparison of Number of Administrative Appeals from Previous and Current Annual Report ? Appeals Received, Processed, and Backlogged |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number of Appeals Received                                                                                           |                                                                                                                                      | Number of Appeals Processed |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number Received During Fiscal Year from Last Year?s Annual Report                                                    | Number Received During Fiscal Year from Current Annual Report                                                                        | Number Processed During Fiscal Year from Last Year?s Annual Report | Number Processed During Fiscal Year from Current Annual Report |
|                                                                                                                                                                                                                                |
| Agency Overall                                                                                                                                                                                                                 | 3                                                                                                                    | 3                                                                                                                                    | 3 | 3 |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | Number of Backlogged Appeals as of End of Fiscal Year From Previous Annual Report                                    | Number of Backlogged Appeals as of End of the Fiscal Year From Current Annual Report                                                 |  |  |
|                                                                                                                                                                                                                                |
| Agency Overall                                                                                                                                                                                                                 | 0                                                                                                                    | 0                                                                                                                                    |  |  |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                | F.                                                                                                                   | Discussion of Other FOIA Activities (Optional)                                                                                       |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |
|                                                                                                                                                                                                                                |                                                                                                                      | N/A                                                                                                                                  |