National Indian Gaming Commission

2017 Annual FOIA Report

I. Basic Information Regarding Report

Any questions concerning this report should be directed to:

Tim Osumi

FOIA Officer

National Indian Gaming Commission

1849 C Street, N.W.

Mail Stop 1621

Washington, D.C. 20240

Telephone number: (202) 632-7003

Fax number: (202) 632-7066

This report is available on the NIGC Web site:

http://www.nigc.gov/commission/foia-reports

To obtain a copy of the report in paper form contact:

Tim Osumi

FOIA Officer

National Indian Gaming Commission

1849 C Street, N.W.

Mail Stop 1621

Washington, D.C. 20240

Telephone number: (202) 632-7003

Fax number: (202) 632-7066

II. Making a FOIA Request

For basic information on how to make a FOIA request, visit our Web site at:

https://www.nigc.gov/utility/freedom-of-information-act

Address of office that receives FOIA requests:

FOIA requests are centralized and written requests should be addressed to:

Tim Osumi

FOIA Officer

National Indian Gaming Commission

1849 C Street, N.W.

Mail Stop 1621
Washington, D.C. 20240

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.

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 firstparty 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.

h. Full Grant – an agency decision to disclose all records in full in response to a 

FOIA request.

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.

o. Processed Request or Processed Administrative Appeal – a request or 

administrative appeal for which an agency has taken final action in all 

respects.

p. Range in Number of Days – the lowest and highest number of days to process 

requests or administrative appeals.

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).

Description of nine FOIA exemptions:

a. Exemption 1 – classified national defense and foreign relations information.

b. Exemption 2 – internal agency rules and practices

c. Exemption 3 – information that is prohibited from disclosure by another 

federal law.

d. Exemption 4 – trade secrets and other confidential business information.

e. Exemption 5 – inter-agency or intra-agency communications that are 

protected by legal privileges.

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.
IV. EXEMPTION 3 STATUTES 

Statute Type of Information

Withheld Case Citation Agency / Component

Number of 

Times

Relied upon

by Agency / 

Component

Total Number 

of

Times Relied 

upon

by Agency 

Overall

N/A N/A N/A NIGC0

0
V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Agency / Component

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

NIGC 44 51 75 20

0

AGENCY OVERALL 44 51 75 20

After reviewing its database, NIGC adjusted the number of requests pending as of the start of the Fiscal Year.
V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

Agency / 

Component

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

No 

Records

All Records 

Referred to 

Another 

Component 

or Agency

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

FOIA 

Request 

for Other 

Reason

Not 

Agency 

Record

Duplicate 

Request

Other 

*Explain 

in Chart 

Below

TOTAL

NIGC 15 36 2 11 1 10 0 0 0 0 0 0 75

0

AGENCY 

OVERALL 15 36 2 11 1 10 0 0 0 0 0 0 75
V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS 

BASED ON REASONS OTHER THAN EXEMPTIONS"

Agency / 

Component Description of "Other" Reasons for Denials from Chart B(1)

Number of Times 

"Other" Reason 

Was Relied Upon

TOTAL

NIGC N/A 0

0

AGENCY 

OVERALL 0
V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component 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

NIGC 0 0 0 21 17 19 0 0 12 2 8 0 0 0

AGENCY 

OVERALL 0 0 0 21 17 19 0 0 12 2 8 0 0 0
VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS --

RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS

Agency / Component

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

NIGC 1 1 2 0

0

AGENCY OVERALL 1 1 2 0
VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS

Agency / Component 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

NIGC 2 0 0 0 2

0

AGENCY OVERALL 2 0 0 0 2
VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component 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

NIGC 0 0 0 1 0 0 0 0 0 0 1 0 0 0

AGENCY 

OVERALL 0 0 0 1 0 0 0 0 0 0 1 0 0 0
VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS

Agency / 

Component

No 

Records

Records 

Referred at 

Initial 

Request 

Level

Request 

Withdrawn

FeeRelated 

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

NIGC 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0
VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS

Agency / 

Component Description of "Other" Reasons for Denial on Appeal from Chart C(2)

Number of Times 

"Other" Reason 

Was Relied Upon

TOTAL

NIGC N/A 0

0

AGENCY 

OVERALL 0
VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Agency / Component Median Number of Days Average Number of 

Days Lowest Number of Days Highest Number ofDays

AGENCY OVERALL 76.50 97.50 21.00 174.00
VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component

10th 

Oldest 

Appeal

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Appeal

Date of Appeal

Number of Days 

Pending

AGENCY 

OVERALL

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 0
VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

Agency / 

Component

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 85 126.3 1 504 267 289.47 60 663 N/A N/A N/A N/A
VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS 

GRANTED

Agency / 

Component

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 81 122.02 1 503 259 291.11 60 656 N/A N/A N/A N/A
VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

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 TOTAL

NIGC 13 4 3 3 8 2 4 2 0 1 6 5 2 53

0

AGENCY 

OVERALL 13 4 3 3 8 2 4 2 0 1 6 5 2 53
VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

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 TOTAL

NIGC 0 0 1 2 0 1 1 1 1 1 3 3 5 19

0

AGENCY 

OVERALL 0 0 1 2 0 1 1 1 1 1 3 3 5 19
VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS

Agency / 

Component

<1-20

Days

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 TOTAL

NIGC 3 0 0 0 0 0 0 0 0 0 0 0 0 3

0

AGENCY 

OVERALL 3 0 0 0 0 0 0 0 0 0 0 0 0 3
VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS

Agency / Component

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 10 48 50.3 10 198 229.3 0 N/A N/A
VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

Agency / 

Component

10th Oldest 

Request 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Request

Date of Receipt

Number of Days 

Pending

AGENCY 

OVERALL

Date of Receipt 2017-04-262017-04-202017-04-132017-04-122017-04-072016-12-192016-09-072016-04-282016-04-262015-01-15

Number of Days 

Pending 110 114 119 120 123 198 268 359 361 682
VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency / 

Component Number Granted Number Denied

Median Number of 

Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

Number 

Adjudicated 

Within Ten 

Calendar Days

AGENCY 

OVERALL 0 5 7 10.4 3
VIII.B. REQUESTS FOR FEE WAIVER

Agency / 

Component Number Granted Number Denied

Median Number of 

Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

AGENCY 

OVERALL 0 0 N/A N/A
IX. FOIA PERSONNEL AND COSTS

Agency / 

Component

PERSONNEL COSTS

Number of "FullTime FOIA 

Employees"

Number of 

"Equivalent FullTime FOIA 

Employees"

Total Number of 

"Full-Time FOIA 

Staff"

Processing Costs Litigation-Related 

Costs Total Costs

NIGC 1 0.69 1.69 $116,197.62 $0.00 $116,197.62

0 $0.00

AGENCY 

OVERALL 1 0.69 1.69 $116,197.62 $0.00 $116,197.62
X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency / Component Total Amount of Fees 

Collected

Percentage of Total 

Costs

NIGC $1,442.00 1.24%

AGENCY OVERALL $1,442.00 1.24%
XI.A. NUMBER OF TIMES SUBSECTION USED

Agency / Component Number of Times Subsection Used

NIGC 0

AGENCY OVERALL 0
XI.B. NUMBER OF SUBSECTION POSTINGS

Agency / Component

Number of Records 

Posted by the FOIA 

Office

Number of Records 

Posted by Program 

Offices

NIGC 3 0

AGENCY OVERALL 3 0
XII.A. BACKLOGS OF FOIA REQUESTS AND ADMINISTRATIVE APPEALS

Agency / Component

Number of Backlogged 

Requests as of End of 

Fiscal Year

Number of Backlogged 

Appeals as of End of 

Fiscal Year

NIGC 15 0

AGENCY OVERALL 15 0
XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND 

PENDING CONSULTATIONS

Agency / Component

Number of 

Consultations Received 

from Other Agencies 

that were Pending at the 

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 

the Agency During the 

Fiscal Year

Number of 

Consultations Received 

from Other Agencies 

that were Pending at the 

Agency as of End

of the Fiscal Year

NIGC 0 0 0 0

0

AGENCY OVERALL 0 0 0 0
XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES 

AND PENDING AT THE AGENCY

Agency / 

Component

10th Oldest 

Consultation 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation

Date

Number of Days

AGENCY 

OVERALL

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 0 0 0 0 0 0 0 0 0 0
XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT --

REQUESTS RECEIVED AND PROCESSED

Agency / Component

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

NIGC 50 51 26 75

AGENCY OVERALL 50 51 26 75
XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT 

ANNUAL REPORT -- BACKLOGGED REQUESTS

Agency / Component

Number of Backlogged 

Requests as of End of the 

Fiscal Year from Previous 

Annual Report

Number of Backlogged 

Requests as of End of the 

Fiscal Year from Current 

Annual Report

NIGC 39 15

AGENCY OVERALL 39 15
XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL 

REPORT -- APPEALS RECEIVED AND PROCESSED

Agency / Component

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

NIGC 4 1 4 2

AGENCY OVERALL 4 1 4 2

After reviewing its database, NICG updated the number of appeals processed from the previous Fiscal Year.
XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM 

PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS

Agency / Component

Number of Backlogged 

Appeals as of End of the 

Fiscal Year from Previous 

Annual Report

Number of Backlogged 

Appeals as of End of the 

Fiscal Year from Current 

Annual Report

NIGC 0 0

AGENCY OVERALL 0 0