Minimum Internal Control Standards for Class II Gaming

Forms and Documents

Document Name	Status
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
2022_3141-0009 SUPPORTING STATEMENT_TO.docx Supporting Statement A	2022-06-27

IC Document Collections

IC ID	Document Title	Status
218261	MICS 543.23(c)	Modified
218259	MICS 543.5	Modified
218258	MICS 543.3	Modified
204504	MICS 543.23(d)	Modified

ICR Details

OMB Control No: 3141-0009	ICR Reference No: 202206-3141-003
Status: Received in OIRA	Previous ICR Reference No: 201809-3141-003
Agency/Subagency: NIGC	Agency Tracking No:
Title: Minimum Internal Control Standards 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	Date Submitted to OIRA: 06/27/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2022
Responses	842	798
Time Burden (Hours)	1,199	8,467
Cost Burden (Dollars)	3,296,800	8,359,234

---

Abstract: The Indian Gaming Regulatory Act directs the National Indian Gaming Commission to monitor class II gaming conducted on Indian lands on a continuing basis in order to ensure that the Indian tribe is the primary beneficiary of the gaming operation and to protect such gaming as a means of generating tribal revenue, and to assure that gaming is conducted fairly and honestly by both the operator and players. The Commission has established minimum internal control standards to aid it in monitoring class II gaming on a continuing basis.

---

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

Citations for New Statutory Requirements: None

---

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

---

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

---

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

IC Title	Form No.	Form Name
MICS 543.23(c)
MICS 543.23(d)
MICS 543.3
MICS 543.5

---

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	842	798	0	0	44	0
Annual Time Burden (Hours)	1,199	8,467	0	0	-7,268	0
Annual Cost Burden (Dollars)	3,296,800	8,359,234	0	0	-5,062,434	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 NIGC did not break out wage costs in its data. This deficiency was identified in the 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 appears to be due to two factors: 1. 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. 2. The burden hours generated by 25 CFR § 543.23 significantly declined from an average of 18 to .471. The reason for this decline is not clear but upon examination, the estimates that were provided by tribal consultants during the last renewal appear to be unreasonably high. It is possible that these tribal consultants may have misunderstood the requirement to be more than a record-keeping requirement. In any case, it is the Commission’s opinion that the estimates generated for this renewal are more aligned with what would be expected.

---

Annual Cost to Federal Government: $43,541

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

---

Common Form ICR:  No

---

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

---