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:
3141-0007
ICR Reference No:
201508-3141-004
Status:
Historical Active
Previous ICR Reference No:
201207-3141-008
Agency/Subagency:
NIGC
Agency Tracking No:
Title:
Fees
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 with change
Conclusion Date:
11/23/2015
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/16/2015
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
11/30/2018
36 Months From Approved
11/30/2015
Responses
71,375
0
66,200
Time Burden (Hours)
38,293
0
22,730
Cost Burden (Dollars)
1,467,585
0
0
Abstract:
The Indian Gaming Regulatory Act (IGRA or the Act), Public Law 100–497, 25 U.S.C. 2701, et seq., was signed into law on October 17, 1988. The Act established the National Indian Gaming Commission (Commission) and set out a comprehensive framework for the regulation of gaming on Indian lands. The Act sets standards for the regulation of Indian gaming, including the requirement that Indian tribes that conduct class II and/or class III gaming activities must pay annual fees to the Commission on the basis of their respective assessable gross gaming revenues, using rates established by the Commission. 25 U.S.C. 2717. These fees are used to fund the Commission’s performance of its statutory duties. 25 U.S.C. 2717a.
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:
3
IC Title
Form No.
Form Name
Fee Worksheets 514.6
Fees FY Change Notice 514.7
Fingerprint Cards 514.15
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
71,375
66,200
0
2
5,173
0
Annual Time Burden (Hours)
38,293
22,730
0
2
15,561
0
Annual Cost Burden (Dollars)
1,467,585
0
0
0
1,467,585
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:
No
Burden Reduction Due to:
Short Statement:
The Commission has made one program change. Since 2012 (when the previous burden estimates were approved), the Commission has amended its regulations to require a tribe to submit a notice within 30 days after a gaming operation changes its fiscal year. This program change, however, did not significantly impact the Commission’s estimated burdens, as it only increased the estimated annual responses by two responses, and the estimated burden hours by two hours. The Commission has made the following adjustments to its estimated burdens: (a) the Commission has increased the number of estimated annual responses from 66,200 to 71,375. This current estimate is based on the average number of annual 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 market-driven. Since 2012, Indian gaming revenues in the U.S. have increased by approximately $0.6 billion. This growth in the Indian gaming industry has resulted in more gaming facilities opening throughout the country (e.g., the number of respondents for § 514.6 increased from 422 to 434) and more tribes using the NIGC’s voluntary fingerprint card processing services (e.g., the number of respondents for § 514.15 increased from 192 to 215). The NIGC received an average of 5,125 more fingerprint cards per year than the 2012 estimates; (b) the Commission has increased the number of estimated burden hours from 22,730 to 38,292.5. The biggest factor for this increase was the result of tribal feedback. Although the NIGC has not changed its fingerprint card submission requirements since 2012 (when the previous burden estimates were approved), based on tribal survey responses, the average hours per response for submitting fingerprint cards rose from 0.3 hours to 0.5 hours. Combine that increase with the fact that the NIGC received 5,125 more fingerprint cards than the 2012 estimates, it quickly adds up to 34,818.5 burden hours just for the fingerprint card submissions; and (c) the Commission has increased the estimated annual cost burden from $0 to $1,467,585. The Commission believes that the large increase in annual cost burden is due to estimation errors in the previous request for renewal. While tribes have always paid a fee to the NIGC and FBI to process fingerprint cards, those costs were inadvertently omitted in 2012.
Annual Cost to Federal Government:
$128,501
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:
10/16/2015
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