National Indian Gaming Commission 

2007 Annual FOIA Report 

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 

This report is available on the NIGC Web site: 

http://www.nigc.gov/FreedomofInformationAct/FOIAAnnualReports/ta

bid/129/Default.aspx 

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

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 

II. How to Make a FOIA Request 

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

http://www.nigc.gov/ReadingRoom/FOIA/FreedomofInformationActFinal/tabid

/535/Default.aspx#MR

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 

Fax number: (202) 632-7066 

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Type of Agency records responsive to FOIA exemptions: 

Responsive documents include contracts, facility gaming license 

agreements, ordinances, Environmental Public Health and Safety 

(EPHS) certification and notices of violations. 

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. 

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2. FOIA/PA request -- A FOIA request is generally a request for 

access to records concerning a third party, an organization, or 

particular topic of interest. A PA request is a request for records 

concerning oneself; such requests are also treated as FOIA 

requests. (All requests for access to records, regardless of 

which law is cited by the requester, are included in this report.) 

3. Initial Request -- a request to a federal agency for access to 

records under the FOIA. 

4. Appeal -- a request to a federal agency asking that it review at 

a higher administrative level a full denial or partial denial of 

access to records under the FOIA, or any other FOIA 

determination such as a matter pertaining to fees. 

5. Processed Request or Appeal -- a request or appeal for which 

an agency has taken a final action on the request or the appeal 

in all respects. 

6. Multi-track processing -- a system in which simple requests 

requiring relatively minimal review are placed in one processing 

track and more voluminous and complex requests are placed in 

one or more other tracks. Requests in each track are processed 

on a first-in/first out basis. A requester who has an urgent need 

for records may request expedited processing (see below). 

7. Expedited processing -- an agency will process a FOIA request 

on an expedited basis when a requester has shown an 

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exceptional need or urgency for the records which warrants 

prioritization of his or her request over other requests that 

were made earlier. 

8. Simple request -- a FOIA request that an agency using multitrack processing places in its fastest (non-expedited) track 

based on the volume and/or simplicity of records requested. 

9. Complex request -- a FOIA request that an agency using multitrack processing places in a slower track based on the volume 

and/or complexity of records requested. 

10. Full Grant -- an agency decision to disclose all records in full in 

response to a FOIA request. 

11. Partial grant -- an agency decision to disclose a record in part 

in response to a FOIA request, deleting information determined 

to be exempt under one or more of the FOIA's exemptions; or a 

decision to disclose some records in their entirety, but to 

withhold others in whole or in part. 

12. Denial -- an agency decision not to release any part of a record 

or records in response to a FOIA request because all the 

information in the requested records is determined by the 

agency to be exempt under one or more of the FOIA's 

exemptions, or for some procedural reason (such as failure to 

locate responsive records. 

13. Time limits -- the time period specified in the FOIA for an 

agency to respond to a FOIA request (ordinarily 20 working 

days from proper receipt of a "perfected" FOIA request). 

14. "Perfected" request -- a FOIA request for records which 

adequately describes the records sought, which has been 

received by the FOIA office of the agency or agency component 

in possession of the records, and for which there is no 

remaining question about the payment of applicable fees. 

15. Exemption 3 statute -- a separate federal statute prohibiting 

the disclosure of a certain type of information and authorizing 

its withholding under FOIA subsection (b)(3). 

16. Median number -- the middle, not average, number. For 

example, of 3, 7, and 14, the median number is 7. 

17. Average number -- the number obtained by dividing the sum of 

a group of numbers by the quantity of numbers in the group. 

IV. Exemption 3 Statutes 

List of Exemption 3 statutes relied on by agency during current fiscal year. 

Brief description of type(s) of information withheld under each statute. 

Exemption 3 was not cited in any of the requests. 

Statement of whether a court has upheld the use of each statute. If so, then 

cite example. 

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N/A 

V. Initial FOIA Requests 

Numbers of initial requests. 

Number of requests pending as of end of 

preceding fiscal year 

 10 

Number of requests received during current fiscal 

year 

101 

Number of requests processed during current 

fiscal year 

108 

Number of requests pending as of end of current 

fiscal year (all three pending requests were within 

the 20 working day time limit for response) 

 3 

Disposition of initial requests. 

Number of total grants 23 

Number of partial grants 56 

Number of denials 9 

Number of times each FOIA exemption used (counting each exemption once 

per request) 

Exemption 1 0 

Exemption 2 1 

Exemption 3 0 

Exemption 4 52 

Exemption 5 27 

Exemption 6 44 

Exemption 7A 10 

Exemption 7B 0 

Exemption 7C 13 

Exemption 7D 4 

Exemption 7E 7 

Exemption 7F 0 

Exemption 8 0 

Exemption 9 0 

Other reasons for nondisclosure (total) 20 

No records 16 

Referrals 1 

Request withdrawn 1 

Fee-related reason 0 

Records not reasonably described 0 

Not a proper FOIA request for some other reason 2 

Not an agency record 0 

Duplicate request 0 

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Other (specify) 0 

VI. Appeals of Initial Denials of FOIA Requests 

Number of appeals. 

Number of appeals received during fiscal year 2 

Number of appeals processed during fiscal year 2 

Disposition of appeals. 

Number completely upheld 2 

Number partially reversed 0 

Number completely reversed 0 

Number of times each FOIA exemption used (counting each exemption once 

per appeal) 

Exemption 1 0 

Exemption 2 0 

Exemption 3 0 

Exemption 4 2 

Exemption 5 0 

Exemption 6 1 

Exemption 7A 0 

Exemption 7B 0 

Exemption 7C 0 

Exemption 7D 0 

Exemption 7E 0 

Exemption 7F 0 

Exemption 8 0 

Exemption 9 0 

Other reasons for nondisclosure (total) 0 

No records 0 

Referrals 0 

Request withdrawn 0 

Fee-related reason 0 

Records not reasonable described 0 

Not a proper FOIA request for some other reason 0 

Not an agency record 0 

Duplicate request 0 

Other (specify) 0 

VII. Compliance with Time Limits/Status of Pending 

Requests 

Median processing time for requests processed during the year. 

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Type of Requests Number of request 

processed 

Median number of days 

to process 

Simple Requests 96 28 

Complex Requests 10 55 

Expedited Processing Requests 2 34 

Status of pending requests. 

Number of request pending as of end of current fiscal 

year 

3 

Median number of days requests were pending 6 

VIII. Comparisons with Previous Year(s) (Optional) 

This year the NIGC was able to eliminate the backlog. The three cases listed 

as pending at the close of the fiscal year are still within the 20 days allowed 

by the statute for processing. 

IX. Costs/FOIA Staffing 

Staffing levels. 

Number of full time FOIA personnel 2 

Number of personnel with part-time of occasional 

FOIA duties (in total work years) 

 .10 

Total number of personnel (in work years) 2.10 

Total costs (including staff and all resources). 

FOIA processing (including appeals) $ 158,187.00 

Litigation related activities (estimated) $ 0.00 

Total costs $ 158,187.00 

Statement of additional resources needed for FOIA compliance (optional) 

X. Fees 

Total amount of fees collected by agency for processing requests $ 2743.90 

Percentage of total costs 1.73 % 

XI. FOIA Regulations (Including Fee Schedule) 

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 I(A) of this report) or electronically at: 

http://www.nigc.gov/Portals/0/NIGC%20Uploads/foia/nigcfoiaregs51906.pdf

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XII. Report on FOIA Executive Order Implementation 

A. Description of supplemental/modification of agency improvement plan. 

N/A 

B. Report on agency implementation of its plan, including performance 

meeting milestones, with respect to each improvement area. 

The NIGC focused on improving two components of its FOIA program – 

the FOIA website and backlog reduction. The NIGC redesigned its 

website to include a FOIA reading room. Included in the reading room 

are frequently requested documents to include: copies of enforcement 

actions; game classification opinions; Indian lands determinations; 

bulletins issued by the NIGC; approved management contracts and 

amendments; and approved gaming ordinances and amendments. 

The reading room is currently up to date and will continue to be 

populated as documents become available. 

The agency has also stepped up efforts to be more pro-active by 

publishing information related to current issues on the website. The 

Breaking News section is continually updated, as is the calendar of 

events. A working group meets every two weeks to discuss website 

issues and ensure that the website is current. 

The second component addressed in the implementation plan was to 

reduce the agency backlog by 50% in FY2006 and 10% each 

successive year until the backlog was eliminated. The NIGC has 

exceeded this goal by eliminating the backlog within two years. 

C. Identification and discussion of any deficiency in meeting plan 

milestones. 

N/A 

D. Additional narrative statement regarding other executive order-related 

activities (optional). 

N/A 

E. Concise descriptions of FOIA exemptions. 

The following are the exemptions and explanations used in processing 

FOIA requests: 

(1)(A) specifically authorized under criteria established by an 

Executive order to be kept secret in the interest of national defense or 

foreign policy and (B) are in fact properly classified pursuant to such 

Executive order; 

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(2) related solely to the internal personnel rules and practices of an 

agency; 

(3) specifically exempted from disclosure by statute (other than 

section 552b of this title), provided that such statute (A) requires that 

the matters be withheld from the public in such a manner as to leave 

no discretion on the issue, or (B) establishes particular criteria for 

withholding or refers to particular types of matters to be withheld; 

(4) trade secrets and commercial or financial information obtained 

from a person and privileged or confidential; 

(5) inter-agency or intra-agency memorandums or letters which would 

not be available by law to a party other than an agency in litigation 

with the agency; 

(6) personnel and medical files and similar files the disclosure of which 

would constitute a clearly unwarranted invasion of personal privacy; 

(7) records or information compiled for law enforcement purposes, but 

only to the extent that the production of such law enforcement records 

or information (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, including a State, local, or foreign agency or authority or any 

private institution which furnished information on a confidential basis, 

and, in the case of a record or information compiled by a criminal law 

enforcement authority in the course of a criminal investigation or by 

an agency conducting a lawful national security intelligence 

investigation, information furnished by 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 if such disclosure could reasonably be 

expected to risk circumvention of the law, or (F) could reasonably be 

expected to endanger the life or physical safety of any individual; 

(8) contained in or related to examination, operating, or condition 

reports prepared by, on behalf of, or for the use of an agency 

responsible for the regulation or supervision of financial institutions; or 

(9) geological and geophysical information and data, including maps, 

concerning wells. 

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F. Additional statistics: 

1. Ten Oldest Pending FOIA Requests 

Calendar 

Year 

2000 2001 2002 2003 2004 2005 2006 2007 

Request 

Received 

0 0 0 0 0 0 0 Nov 6 

Nov 8 

Nov 9 

Nov 16 

Nov 27 

Nov 28 

Nov 30 

Nov 30 

Dec 13 

2. Consultations 

A. Number of Consultations Received, Processed, and Pending 

Consultations Received 

from Other Agencies 

During FY07 

Consultations Received 

from Other Agencies that 

were Processed by the 

NIGC During FY07 

(includes those received 

prior to FY07) 

Consultations Received 

from Other Agencies that 

were Pending at the NIGC 

as of October 1, 2007 

(includes those received 

prior to FY07) 

0 0 0 

B. Ten Oldest Pending Consultations Received from Other Agencies 

Calendar 

Year 

1999 2000 2001 2002 2003 2004 2005 2006 2007 

Consults 

Received 

0 0 0 0 0 0 0 0 0 

G. Attachment: Agency improvement plan 

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A paper copy of the improvement plan can be obtained by contacting 

the FOIA Officer (see section I(A) of this report) or electronically at: 

http://www.nigc.gov/Portals/0/NIGC%20Uploads/foia/signedeo13392.

pdf

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