Indian Gaming Management Contract Provisions

Forms and Documents

Document Name	Status
2022_SS_3141-0004_TO.docx Supporting Statement A	2022-06-27
2022.06.21 30Day.pdf Supplementary Document	2022-06-27
2022.03.29 2022-03 Fed Reg Notice, PRA.pdf Supplementary Document	2022-06-27

IC Document Collections

IC ID	Document Title	Status
218256	Indian Gaming Management Contract Provisions 535.2	Modified
204367	Indian Gaming Management Contract Provisions 537.1	Modified
204366	Indian Gaming Management Contract Provisions 535.1	Modified
204365	Indian Gaming Management Contract Provisions 533.3	Modified

ICR Details

OMB Control No: 3141-0004	ICR Reference No: 202206-3141-001
Status: Received in OIRA	Previous ICR Reference No: 201809-3141-001
Agency/Subagency: NIGC	Agency Tracking No:
Title: Indian Gaming Management Contract Provisions
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/27/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2022
Responses	41	51
Time Burden (Hours)	401	440
Cost Burden (Dollars)	19,729	379,480

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Abstract: The Indian Gaming Regulatory Act requires the National Indian Gaming Commission Chairman to review and approve all management contracts for the operation and management of class II and/or class III gaming activities, and to conduct background investigations of persons with direct or indirect financial interests in, and management responsibility for, management contracts. The Commission has promulgated parts 533, 535, and 537 of title 25, Code of Federal Regulations, to implement these statutory requirements.

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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:
	87 FR 18033	03/29/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 36879	06/21/2022
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Indian Gaming Management Contract Provisions 533.3
Indian Gaming Management Contract Provisions 535.1
Indian Gaming Management Contract Provisions 535.2
Indian Gaming Management Contract Provisions 537.1

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ICR Summary of Burden

	Total Request	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	41	51	0	0	-10	0
Annual Time Burden (Hours)	401	440	0	0	-39	0
Annual Cost Burden (Dollars)	19,729	379,480	0	0	-359,751	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 cautioned 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 different Tribal governance practices and 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 consultants has limited value and it would be improper to extrapolate from these burden estimates any definitive trends. It should also be noted that, in previous years, the Commission did not break out wage costs in its data. This deficiency was identified in a previous review process and has now been rectified, however, because these costs were previously lumped together, it is not possible to make direct caparisons between costs this review cycle. Overall, this past cycle saw a decrease in burden hours. This would be due to the fact that the gaming industry was substantially affected by the COVID-19 pandemic and the temporary closures of gaming operations for a period of time during the pandemic. The estimated financial cost for information collected under Section 533.3 of title 25 saw a particularly marked drop this cycle. This is due to a change in how the Commission assesses this activity for purposes of the PRA. Previously, the cost of providing the information to the Commission was equated to the cost of performing the related background investigations. It is now understood that providing the information is only a first step in the investigative process and for this cycle, and going forward, the burden is assessed for the production of the information and exclude any subsequent background investigative activities.

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Annual Cost to Federal Government: $310,320

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.     Yes

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.     Yes

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: 06/27/2022

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