View Information Collection Request (ICR) Package
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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:
3141-0004
ICR Reference No:
201508-3141-001
Status:
Historical Active
Previous ICR Reference No:
201207-3141-004
Agency/Subagency:
NIGC
Agency Tracking No:
Title:
Indian Gaming Management Contract Provisions
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
43
0
183
Time Burden (Hours)
692
0
3,840
Cost Burden (Dollars)
500,000
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 the NIGC 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.
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:
4
IC Title
Form No.
Form Name
Indian Gaming Management Contract Provisions 533.3
Indian Gaming Management Contract Provisions 535.1
Indian Gaming Management Contract Provisions 535.2
Indian Gaming Management Contract Provisions 537.1
Indian Gaming Management Contract Regulations 539
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
43
183
0
-140
0
0
Annual Time Burden (Hours)
692
3,840
0
-3,148
0
0
Annual Cost Burden (Dollars)
500,000
0
0
500,000
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. The Commission previously included burden estimates for certain submission requirements (pursuant to former 25 CFR part 539), but has determined that, under 44 U.S.C. 3518(c)(1)(ii), these estimates were erroneously included because tribes, management contractors, and/or persons are not required to make these submissions unless and until the Commission has begun an administrative appeal action with regard to a specific management contract, or amendment thereto. This program change impacted the Commission's estimated burden totals, as it decreased the estimated annual responses by one response, and the estimated burden hours by 40 hours. The Commission has made the following adjustments to its estimated burdens: (a) the Commission has decreased the number of estimated annual responses from 183 to 43. 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 decrease in estimated annual responses is market-driven. A tribe and/or a management contractor does not have to make any submissions unless they enter into a new management contract or modify an existing contract, and/or there is a change in entities or individuals having a direct or indirect financial interest or management responsibility in an existing management contract. When fewer tribes enter into new management contracts or amend fewer approved contracts, the result is that there are fewer management contract-related submissions to the Commission; (b) the Commission has decreased the number of estimated annual burden hours from 3,840 to 692. The Commission believes that the large decrease in estimated annual burden hours is market-driven, resulting from fewer management contract-related submissions. When there are fewer submissions, there are fewer burden hours required to make those submissions; and (c) the Commission has increased the estimated annual cost burden from $0 to $500,000. The Commission believes that the large increase in annual cost burden is due to estimation errors in the previous request for renewal. While management contractors have always paid a fee to the NIGC to cover the Commission's costs necessary to perform background investigations on the individuals or entities directly or indirectly involved in the financial or management aspects of a gaming operation, those costs were inadvertently omitted in 2012 (when the previous burden estimates were approved).
Annual Cost to Federal Government:
$164,160
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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