Issuance of Certificates of Self Regulation to Tribes for Class II Gaming

Forms and Documents

Document Name	Status
2016.09.27_FedReg.pdf Supplementary Document	2016-09-28
2016.06.06 PRA Notice1.pdf Supplementary Document	2016-09-12
SS_3141-0008.docx Supporting Statement A	2016-09-12

IC Document Collections

IC ID	Document Title	Status
208616	Certificate of Self-Regulation 518.10(b)	Modified
208615	Certificate of Self-Regulation 518.10(a)	Modified
208614	Certificate of Self-Regulation 518.3(e), 518.4	Modified

ICR Details

OMB Control No: 3141-0008	ICR Reference No: 201609-3141-004
Status: Historical Active	Previous ICR Reference No: 201309-3141-005
Agency/Subagency: NIGC	Agency Tracking No:
Title: Issuance of Certificates of Self Regulation to Tribes for Class II Gaming
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/12/2017
	Date Received in OIRA: 10/13/2016
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2020	36 Months From Approved	01/31/2017
Responses	7	0	8
Time Burden (Hours)	2,092	0	4,088
Cost Burden (Dollars)	821,545	0	172,450

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Abstract: The Commission is authorized by IGRA to issue certificates of self-regulation to tribes for Class II gaming operations. This information collection requirement is necessary to determine whether a tribe meets the requirements for self-regulation. In addition, those tribes who have received a certificate of self-regulation are required to submit certain information to the NIGC to establish that the tribe continuous to meet the criteria to self-regulate.

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Authorizing Statute(s): US Code: 25 USC 2701 Name of Law: Indian Gaming Regulatory Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 36322	06/06/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 66290	09/27/2016
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title	Form No.	Form Name
Certificate of Self-Regulation 518.10(a)
Certificate of Self-Regulation 518.10(b)
Certificate of Self-Regulation 518.3(e), 518.4

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	7	8	0	0	-1	0
Annual Time Burden (Hours)	2,092	4,088	0	0	-1,996	0
Annual Cost Burden (Dollars)	821,545	172,450	0	0	649,095	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Commission surveyed tribal regulatory authorities from the 3 tribes that are currently self-regulating and, based on this feedback, has made the following adjustments to its estimated burdens: • the estimate of the total number of annual respondents for § 518.3(e) / § 514.4 has been reduced from 2 to 1. Estimates of the total number of annual respondents for § 518.10(a) and § 518.10(b) have both been changed to 3 (reflecting the fact that there are currently only 3 self-regulated tribes). The end result is that the estimated number of annual respondents has been lowered from 8 to 7. • the estimated annual burden hour total has been significantly revised downwards from 4,088 to 2,092. This decrease is consistent with the the fact that, as noted above, the number of respondents for § 518.3(e) / § 514.4 decreased by 50%. • Conversely, the estimated annual cost total significantly increased from $172,450 to $821,545. This increase is due to the fact that in 2014, a tribe with multiple, large gaming operations was approved for self-regulation and its costs to contract an independent auditor (under regulation § 518.10) adds significantly to the total.

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Annual Cost to Federal Government: $13,275

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/28/2016

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