National Environmental Policy Act Compliance

Forms and Documents

Document Name	Status
2019.12.26 Notice.pdf Supplementary Document	2020-01-16
2019.07.01 Published.pdf Supplementary Document	2020-01-16
2019_SS_3141-0006_FINAL_v2.docx Supporting Statement A	2020-05-26

IC Document Collections

IC ID	Document Title	Status
239234	CATEX / Other	New
208611	Environmental Impact Statement	Modified
208610	Environmental Assessment	Modified

ICR Details

OMB Control No: 3141-0006	ICR Reference No: 202001-3141-003
Status: Active	Previous ICR Reference No: 201609-3141-003
Agency/Subagency: NIGC	Agency Tracking No:
Title: National Environmental Policy Act Compliance
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/01/2020
	Date Received in OIRA: 01/16/2020
Terms of Clearance: In accordance with 5 CFR 1320, the information collection is approved for three years. OMB requests that the agency consult with up to nine outside entities once every renewal, even if the collection of information has not changed. To estimate the burden hours in future renewals, NIGC should consider providing ranges in the collection’s annual burden, historic data from stakeholders to support changes in collection burden, and/or proxies from other federal agencies with similar collections or respondents in the renewal.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2023	36 Months From Approved	05/31/2020
Responses	8	0	3
Time Burden (Hours)	43	0	27
Cost Burden (Dollars)	494,132	0	14,846,686

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Abstract: Pursuant to the National Environmental Policy Act (NEPA), 42 U.S.C. § 4321, et seq., federal agencies are required to prepare (or cause to be prepared) environmental documents for agency actions that may have a significant impact on the environment. The Commission has taken the position that the NEPA process is triggered when a tribe and a potential contractor seek approval of a management contract under 25 U.S.C. 2711.

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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:
	84 FR 31338	07/01/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 70992	12/26/2019
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
CATEX / Other
Environmental Assessment
Environmental Impact Statement

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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	8	3	0	0	5	0
Annual Time Burden (Hours)	43	27	0	0	16	0
Annual Cost Burden (Dollars)	494,132	14,846,686	0	0	-14,352,554	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: It should be noted at the outset that tribal gaming operations and their business practices are unique to each gaming Tribe and influenced by many local, state, and regional factors. Tribal gaming facilities vary in size and complexity and range from small truck stops to world-class casino resorts. The amount of time and resources that gaming tribes expend fulfilling regulatory requirements can vary dramatically and is further complicated by their varying levels of investment in, and adoption of, new technologies and technical expertise. For these reasons, estimates provided by a statistically insignificant group of rotating tribal contacts has limited value and it would be improper to claim to be able to extrapolate from this feedback any definitive trends. It should also be noted that, in previous years, the NIGC did not include wage costs in its data but it does so now and will continue doing this in all future renewals. As mentioned in item number 8 of the Supplementary Statement, the Commission consulted with 2 tribal gaming financial directors and/or tribal gaming commissioners. Based on this tribal feedback, the Commission has made adjustments to its estimated burdens. The estimated annual burden hour total has slightly increased, however, behind these numbers there is marked decline in EA/EIS burden hours and this is mainly due to two reasons: 1) the NEPA process for the construction of a gaming operation is sometimes triggered prior the NIGC action and, therefore, the NIGC is able to incorporate some of the time already invested in the NEPA process, and 2) there is a concomitant rise in handling NEPA requirements under the Categorical Exclusion process which, generally requires less investment of time than an EA or an EIS The estimated annual total cost has been significantly reduced and this is primarily due to the fact that the estimated average cost of an EIS has been reduced from $7,304,277 to $256,000. Add to this, based on information gained since the last renewal cycle, the number of estimated total annual EA/EIS responses has been reduced 3 to 2 per annum.

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Annual Cost to Federal Government: $6,878

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

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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: 01/16/2020

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