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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
3141-0012
ICR Reference No:
201508-3141-006
Status:
Historical Active
Previous ICR Reference No:
201207-3141-010
Agency/Subagency:
NIGC
Agency Tracking No:
Title:
Facility License Notifications and Submissions
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 without change
Conclusion Date:
11/13/2015
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/21/2015
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2018
36 Months From Approved
11/30/2015
Responses
269
0
143
Time Burden (Hours)
2,232
0
452
Cost Burden (Dollars)
6,663
0
0
Abstract:
Amongst other actions necessary to carry out the National Indian Gaming Commission's (NIGC) statutory duties, the Indian Gaming Regulatory Act requires Indian tribes that conduct class II and/or class III gaming to issue "a separate license … for each place, facility, or location on Indian lands at which class II [and class III] gaming is conducted," and to ensure that "the construction and maintenance of the gaming facilities, and the operation of that gaming is conducted in a manner which adequately protects the environment and public health and safety." The Commission has promulgated part 559 of title 25, Code of Federal Regulations, to implement these requirements.
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:
80 FR 32176
06/05/2015
30-day Notice:
Federal Register Citation:
Citation Date:
80 FR 54586
09/10/2015
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
5
IC Title
Form No.
Form Name
Facility License Notifications 559.2
Facility License Notifications 559.5
Facility License Recordkeeping 559.6
Facility License Submissions 559.3
Facility License Submissions 559.4
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
269
143
0
126
0
0
Annual Time Burden (Hours)
2,232
452
0
1,780
0
0
Annual Cost Burden (Dollars)
6,663
0
0
6,663
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Miscellaneous Actions
Short Statement:
The Commission has made one program change. In 2012 (when the previous burden estimates were approved), the Commission had just completed making wholesale amendments to 25 CFR part 559. Because certain of these information collection activities are intertwined, the Commission counted all of the following submission and recordkeeping requirements as one total response: (i) a submission of a copy of each newly issued or renewed facility license (§ 559.3); (ii) a submission of an EPHS attestation (§ 559.4); and (iii) recordkeeping of applicable Indian lands or EPHS documentation (§ 559.6). Since 2012, the Commission has determined that these submission and recordkeeping activities are separate requirements and should each count as a separate annual response. The Commission has made the following adjustments to its estimated burdens: (a) the Commission has increased the number of estimated annual responses from 143 to 269. This current estimate is based on the annual average number of submissions to the Commission for the past three years, after a review of the Commission's own records. The Commission believes that the large increase in estimated annual responses is due to the above program change. For example, the number of annual responses that resulted from the program change for just these three requirements rose from 111 to 243; (b) the Commission has increased the number of estimated burden hours from 452 to 2,232. Although the NIGC has not changed its submission requirements since 2012 (when the previous burden estimates were approved), based on tribal survey responses, the average review hours per response rose as follows: (i) for submitting new facility opening notices, the burden rose from 10.0 hours to 13.0 hours; and (ii) for submitting a copy of each newly issued or renewed facility license, an EPHS attestation, and the recordkeeping of applicable Indian lands or EPHS documentation, the burden rose from 2.0 hours for all three requirements to 24.0 total hours. The Commission believes that the large increase in burden hours is due to estimation errors in the previous request for renewal, as well as the result of recent tribal feedback; and (c) the Commission has increased the estimated annual cost burden from $0 to $6,663. The biggest factor for this increase was the result of tribal feedback, with many tribes specifying that their charges were commercial shipping charges.
Annual Cost to Federal Government:
$9,061
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
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?
Uncollected
Agency Contact:
Armando Acosta 202 632-7003 armando_acosta@nigc.gov
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:
09/21/2015
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