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

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_3141-0008_FINAL_v2.docx Supporting Statement A	2020-05-26

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: 202001-3141-004
Status: Active	Previous ICR Reference No: 201609-3141-004
Agency/Subagency: NIGC	Agency Tracking No:
Title: Issuance of Certificates of Self Regulation to Tribes for Class II Gaming
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	11	0	7
Time Burden (Hours)	257	0	2,092
Cost Burden (Dollars)	203,825	0	821,545

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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:
	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
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	11	7	0	2	2	0
Annual Time Burden (Hours)	257	2,092	0	0	-1,835	0
Annual Cost Burden (Dollars)	203,825	821,545	0	0	-617,720	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 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 operations that are currently self-regulating and 2 Tribal gaming operations that have recently undergone the approval process. Based on this tribal feedback, the Commission has made adjustments to its estimated burdens. Estimates of the total number of annual respondents for § 518.10(a) and § 518.10(b) have both been changed to 5 (reflecting the fact that there are currently 5 self-regulated tribes). The estimated annual burden hour total has been significantly revised downwards from 2,092 to 257. This decrease continues the trend from the last renewal estimate of this collection and, as before, is also primarily due to the decrease, based on tribal consultation, in the average hours per response for compliance with regulations § 518.3(e) / § 514.4.

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Annual Cost to Federal Government: $17,085

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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