National Indian Gaming Commission

2023 Annual FOIA Report

I. Basic Information Regarding Report

 

 Any questions concerning this report should be directed to:

 

 Tim Osumi

 Chief FOIA Officer

 National Indian Gaming Commission

 1849 C Street, N.W. 

 Mail Stop 1621

 Washington, D.C. 20240

 Telephone number: (202) 632-7003

 Email: foia@nigc.gov

 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

 Chief FOIA Officer

 National Indian Gaming Commission

 1849 C Street, N.W.

 Mail Stop 1621

 Washington, D.C. 20240

 Telephone number: (202) 264-0676

 Email: foia@nigc.gov
II. Making a FOIA Request

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

https://www.ecfr.gov/current/title-25/chapter-III/subchapter-A/part-517

 

Address of office that receives FOIA requests:

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

 

 Tim Osumi

 Chief FOIA Officer

 National Indian Gaming Commission

 1849 C Street, N.W.

 Mail Stop 1621

 Washington, D.C. 20240

 Telephone number: (202) 632-7054

 Email: foia@nigc.gov

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 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.

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 (nonexpedited) 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.
3. Agency Component Abbreviations

Component 

Abbreviation Component Name

NIGC National Indian Gaming Commission

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 NIGC 0 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 3 55 45 13
AGENCY OVERALL 3 55 45 13

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 17 7 3 12 0 6 0 0 0 0 0 0 45

AGENCY 

OVERALL 17 7 3 12 0 6 0 0 0 0 0 0 45

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 0
OVERALL

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 7 3 3 0 0 4 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 7 3 3 0 0 4 0 0 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 0 0 0 0

AGENCY 

OVERALL 0 0 0 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 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0

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 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0 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 

of Days

NIGC N/A N/A N/A N/A

AGENCY 

OVERALL N/A N/A N/A N/A

VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component

10th 

Oldest 

Appeal

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

Appeal

NIGC

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

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 

0 0 0 0 0 0 0 0 0 0
Pending

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

NIGC 4 6 1 22 49 102 31 502 N/A N/A N/A N/A

AGENCY 

OVERALL 4 6 1 22 49 102 31 502 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

NIGC 4 7 1 22 41 154 31 502 N/A N/A N/A N/A

AGENCY 4 7 1 22 41 151 31 502 N/A N/A N/A N/A
OVERALL

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 36 1 0 0 0 0 0 0 0 0 0 0 0 37

AGENCY 

OVERALL 36 1 0 0 0 0 0 0 0 0 0 0 0 37

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 2 5 0 0 0 0 0 0 0 0 0 1 8

AGENCY 

OVERALL 0 2 5 0 0 0 0 0 0 0 0 0 1 8
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 0 0 0 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0 0 0 0

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

NIGC 0 N/A N/A 5 161 189 0 N/A N/A

AGENCY 

OVERALL 0 N/A N/A 5 161 189 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

NIGC

Date of 

Receipt N/A N/A N/A N/A N/A

2023-

07-14

2023-

07-05

2023-

02-10

2022-

08-10

2022-

03-24

Number 

of Days 

Pending 0 0 0 0 0 55 62 161 289 382

AGENCY 

OVERALL

Date of 

Receipt N/A N/A N/A N/A N/A

2023-

07-14

2023-

07-05

2023-

02-10

2022-

08-10

2022-

03-24

Number 

of Days 

Pending 0 0 0 0 0 55 62 161 289 382

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

NIGC 0 0 N/A N/A 0

AGENCY 

OVERALL 0 0 N/A N/A 0
VIII.B. Requests for Fee Waiver

Agency / 

Component

Number 

Granted Number Denied

Median Number 

of Days to 

Adjudicate

Average 

Number of Days 

to Adjudicate

NIGC 1 2 2 4

AGENCY 

OVERALL 1 2 2 4

IX. FOIA Personnel and Costs

Agency / 

Component

PERSONNEL COSTS

Number of 

"Full-Time 

FOIA 

Employees"

Number of 

"Equivalent 

Full-Time 

FOIA 

Employees"

Total 

Number 

of "FullTime FOIA 

Staff"

Processing 

Costs

LitigationRelated 

Costs

Total Costs

NIGC 1 0.00 1.00 150000.00 0.00 150000.00

AGENCY 1 0.00 1.00 150000.00 0.00 150000.00
OVERALL

X. Fees Collected for Processing Requests

Agency / 

Component

Total Amount 

of Fees 

Collected

Percentage of 

Total Costs

NIGC 3804.50 2.5400

AGENCY 

OVERALL 3804.50 2.5400

XI.A. Number of Times Subsection (C) Used

Agency / 

Component Number of Times Subsection Used

NIGC 0

AGENCY OVERALL 0
XI.B. Number of Subsection (A)(2) Postings

Agency / 

Component

Number of 

Records Posted 

by the FOIA 

Office

Number of 

Records Posted 

by Program 

Offices

NIGC 55 0

AGENCY 

OVERALL 55 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 5 0

AGENCY 

OVERALL 5 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

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

NIGC

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

Number 0 0 0 0 0 0 0 0 0 0
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 48 55 49 45

AGENCY 

OVERALL 48 55 49 45

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 3 5

AGENCY 

OVERALL 3 5 

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 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 
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