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.
US Code:
25
USC 2701 Name of Law: Indian Gaming Regulatory Act
Updated burden estimates are
based on consultations with stakeholders and it should be cautioned
at the outset that tribal gaming operations and their business
practices are unique to each gaming Tribe and influenced by a
variety of local, state, and regional factors. Tribal gaming
facilities vary in size and complexity and range from small truck
stops and lotteries to world-class casino mega-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, time and cost estimates
provided by a statistically insignificant group of rotating tribal
consultants has limited value and it would be improper to
extrapolate from these estimates any definitive trends. Overall,
this collection cycle shows an increase in the number of responses
and this increase in management contracting activity is
understandably reflected in the increase of time and cost
expenditures. In general, a certain amount of the cost increases
would be due to the fact that this collection cycle coincided with
a period of higher than average price increases. Also, in general,
as the gaming industry matures, business contracts grow in
complexity and require greater expertise and cost to assemble and
review. And there are other factors that appear to have contributed
to additional increases in these estimates. The increase in the
Burden Hour Wage Cost estimate under part 537.1 is partly caused by
the attempt that was made this cycle to capture in greater detail
the full wage costs of the information collections upon high-level
management executives. For example, although individual fingerprint
submissions by management executives were previously overlooked
and, although it may require only 2-3 hours of time per individual,
because it is calculated at the wage rate of approximately
$300/hour, it caused aggregate burden estimates to increase
significantly. It also should be understood that, although the
estimates for this cycle are higher than that of the last cycle in
2022, in looking at the broader picture, they are actually in line
with – and in many cases, lower than –the estimates submitted in
the 2018 cycle. For example, in comparison to the 2022 cycle, the
Non-Burden Hour Cost rose 540%, however, in comparison to the 2018
cycle, this cost actually decreased 67% (from $379,480 in 2018 to
the current $125,271). Finally, it should be kept in mind, as
stated at the outset, that burden estimates invariably fluctuate
due to the different burden experiences of the limited number of
stakeholder that are consulted. For example, it may be reasonable
to generalize that executives who are relatively new to gaming will
often contract services to assist them through the process of
collecting and submitting information for a background
investigation. In contrast, seasoned executives will have already
prepared such information and are familiar with the process and,
therefore, may incur lower expenditures. This is to simply
reiterate the observation that costs can significantly vary
depending on the particular experience of the consulted
individuals.
$513,900
No
Yes
Yes
No
No
No
No
Tim Osumi 202 632-7054
tim_osumi@nigc.gov
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:
(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;
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.
2025.11.28 Fed Reg Notice 30-day 2025-21500.pdf
2025_SS_3141-0004_FINAL.docx
Indian Gaming Management Contract Provisions 535.2