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OMB Control No: 3141-0003	ICR Reference No: 202306-3141-001
Status: Received in OIRA	Previous ICR Reference No: 202001-3141-002
Agency/Subagency: NIGC	Agency Tracking No:
Title: Class II and Class III/Background Investigation Tribal Licenses
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular	Date Submitted to OIRA: 06/07/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	04/30/2024
Responses	225,484	220,461
Time Burden (Hours)	489,089	972,378
Cost Burden (Dollars)	3,264,177	1,287,967

Abstract: This information is used by the Commission to approve ordinances and regulate licensing under the Indian Gaming Regulatory Act in accordance with its statutory authority.

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:
	88 FR 20182	04/05/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 37090	06/06/2023
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	225,484	220,461	5,023
Annual Time Burden (Hours)	489,089	972,378	-483,289
Annual Cost Burden (Dollars)	3,264,177	1,287,967	1,976,210

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 noted at the outset that tribal gaming operations and their business practices are unique to each gaming Tribe and influenced by many local, state, cultural, 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 their 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 contacts will necessarily have limited value and it would be improper to claim to be able to extrapolate from this feedback any definitive trends. Nevertheless, the Commission makes the following observations: • The number of respondents appears to have risen, however, this dramatic increase can be attributed to the fact that, in prior cycles, the number of respondents under regulations 556.6(a) and 558.3(e) were quantified at the tribal level (241). In contrast, this cycle, the Commission was able assess at a more granular level - by individual applicants processed by tribes (43,644). When this increase is taken into consideration and accounted for, a comparison with the previous cycle actually shows an overall decrease in respondents this cycle. • The estimated amount of burden hours for this cycle decreased approximately 50% and the estimated amount of wage expenditures also decreased approximately 52%. This would make sense in context of the impact of the COVID-19 pandemic on Indian gaming operations and the temporary closures of Indian gaming operations during the pandemic lock-downs. • Despite the decrease in time and wage burdens, the amount of non-wage costs significantly increased. The primary cause for this increase can be directly attributed to the NIGC fee rate increase for processing applicant fingerprints, from $22 to $45.This increase was necessary in order to upgrade the NIGC fingerprint processing system in compliance with Federal security requirements. There is also anecdotal evidence that Indian gaming operations are also making such security upgrades in tandem with the NIGC..

Annual Cost to Federal Government: $578,660

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

Agency Contact: Tim Osumi 202 632-7054 tim_osumi@nigc.gov

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