30 Day Federal Register Notice

Federal Register / Vol. 89, No. 38 / Monday, February 26, 2024 / Notices
(Authority: 40 CFR 1506.6; 43 CFR 1610.5–
1)
Barry R. Bushue,
State Director.
[FR Doc. 2024–03766 Filed 2–23–24; 8:45 am]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Agency Information Collection
Activities; New Collection: Information
Management Standard Assessment
Questionnaires
National Indian Gaming
Commission, Interior.
ACTION: Second Notice of New
Information Collection; request for
comments.
AGENCY:

In accordance with the
Paperwork Reduction Act of 1995
(PRA), the National Indian Gaming
Commission (NIGC or Commission) is
providing notice that it is requesting,
concurrently with the publication of
this notice or soon thereafter, for the
Office of Management and Budget
(OMB) to review and approve a new
information collection.
DATES: The OMB has up to 60 days to
approve or disapprove information
collection requests, but may respond
after 30 days. Therefore, public
comments should be submitted to OMB
by no later than March 27, 2024, in
order to be assured of consideration.
ADDRESSES: Submit comments directly
to OMB’s Office of Information and
Regulatory Affairs, Attn: Policy Analyst/
Desk Officer for the National Indian
Gaming Commission. Comments can
also be emailed to , include reference to
‘‘NIGC PRA New Collection’’ in the
subject line.
FOR FURTHER INFORMATION CONTACT: For
further information, including copies of
the proposed collections of information
and supporting documentation, contact
Tim Osumi by email at tim.osumi@
nigc.gov, or by telephone at (771) 220–
3592; or by fax at (202) 632–7066 (not
toll-free numbers). You may also review
these information collection requests by
going to
(Information Collection Review,
Currently Under Review, Agency:
National Indian Gaming Commission).
SUPPLEMENTARY INFORMATION:

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SUMMARY:

I. Background
The Indian Gaming Regulatory Act
(IGRA), Public Law 100–497, 25 U.S.C.
2701, et seq., was signed into law on

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October 17, 1988. The IGRA established
the National Indian Gaming
Commission (NIGC) and outlined a
comprehensive framework for the
regulation of gaming on Indian lands.
Among the IGRA’s requirements is that
persons who apply for a ‘‘key
employee’’ (KE) or ‘‘primary
management official’’ (PMO) position at
a tribal gaming operation must undergo
a background investigation
((§ 2710(b)(2)(F)(i)). Similarly, the IGRA
requires that persons who have direct or
indirect financial interest in, or
management responsibility for, a tribal
gaming management contract, must
undergo a background investigation and
be evaluated for suitability as part of the
NIGC’s management contract review
process ((§ 2711(a), (e)(1)(D)). In keeping
with these background investigative
statutory requirements, NIGC
regulations 25 CFR 522.2(g), 25 CFR
556.4(a)(14), and 25 CFR 537.1(b)(2)
stipulate that prospective KEs/PMOs
and management contractors must
submit their fingerprints to the Federal
Bureau of Investigations (FBI) and
undergo a criminal history record
information (CHRI) check.
Although CHRI checks are integral to
the tribal KE/PMO applicant licensing
process, tribes do not possess the
necessary statutory authority to directly
access FBI CHRI for this purpose. The
NIGC, as a Federal agency empowered
under the IGRA to access CHRI
(§§ 2706(b)(3) & (7), 2708), accepts tribal
fingerprint submissions and transmits
them to the FBI for this purpose. In
return, the FBI provides CHRI check
results to the NIGC and the NIGC shares
these results with the requesting tribe.
In this process, the NIGC assumes the
role of a CJIS (Criminal Justice
Information Services) Systems Agency
(CSA), a duly authorized agency on the
CJIS network that provides service to
criminal justice users with respect to the
criminal justice information (from the
various systems managed by the Federal
Bureau of Investigations (FBI) CJIS
Division.
The roles and responsibilities under
which the NIGC, FBI, and tribes process
CHRI checks are memorialized in
Memoranda of Understanding between
the FBI and the NIGC and between the
NIGC and each requesting tribe. One
such responsibility is to monitor the
dissemination of CHRI to ensure FBIcompliant privacy and security
standards are followed. This
responsibility is detailed in FBI CJIS
Security Policy, Policy Area 11
(CJISSECPOL 5.11.2) which specifies
that the NIGC, as a CSA, is required to
establish a process to periodically audit
tribes that receive CHRI to ensure

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compliance with applicable statutes,
regulations and policies. To fulfill this
obligation, the NIGC has established a
CJIS Audit Unit (CAU), which is tasked
with coordinating with tribal authorities
to ensure that NIGC-disseminated CHRI
is handled and managed in accordance
with applicable statutes, regulations,
and policies.
In performing its oversight duties, the
CAU will deploy questionnaires to
gather information. This information
will be used to assess and document
tribal compliance with privacy and
security standards and will enable the
CAU to identify information
management risk factors that may
require remediation. Responding to this
information collection is voluntary,
however, failure to collect this
information may impair the NIGC’s
ability to fulfill its obligations under its
MOUs with the FBI and its tribal
partners. Indeed, this information
collection is a vital tool for the NIGC
CAU to perform its function and helps
to ensure that the NIGC can continue to
support the successful tribal operation
of tribal gaming under the IGRA.
II. Data
Title: Information Management
Standard Assessment Questionnaires.
OMB Control Number: 3141–xxxx.
Brief Description of Collection:
The collection involves questions that
seek information about tribal security
and privacy protections governing the
processing, handling, and storing of
NIGC-disseminated CHRI. The questions
closely track the FBI’s standard CJIS
compliance questionnaires but have
been streamlined and adapted to tribal
specific standards. The information
collected is related to information
policies, procedures, and system
configurations and includes some type
and amount of measurable evidence that
confirms their proper implementation.
Respondents: Indian tribal gaming
operations.
Estimated Number of Annual
Respondents: 140.
Estimated Number of Annual
Responses: 140.
Estimated Time per Response: 37.5
minutes.
Frequency of Responses: Annually.
Estimated Total Annual Burden
Hours on Respondents: 87.5.
Estimated Total Non-hour Cost
Burden: $0.
Edward Simermeyer,
Chairman.
[FR Doc. 2024–03773 Filed 2–23–24; 8:45 am]
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