Submission of Information Collections Under the Paperwork Reduction Act, 54586-54589 [2015-22847]
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Federal Register / Vol. 80, No. 175 / Thursday, September 10, 2015 / Notices
The parcel, if not sold by modifiedcompetitive, sealed-bid sale, may be
identified for sale later without further
legal notice.
It is the bidder’s responsibility to be
aware of all applicable Federal, State,
and local government laws, regulations
and policies that may affect the subject
lands, including any required
dedication of lands for public uses. It is
the bidder’s responsibility to be aware
of existing or prospective uses of nearby
properties. When conveyed out of
Federal ownership, the lands will be
subject to any applicable laws,
regulations, and policies of the
applicable local government for
proposed future uses. It will be the
responsibility of the purchaser to be
aware of those laws, regulations, and
policies, and to seek any required local
approvals for future uses. Bidders
should also make themselves aware of
any Federal or State law or regulation
that may affect the future use of the
property. Any land lacking access from
a public road or highway will be
conveyed as such, and future access
acquisition will be the responsibility of
the buyer.
Authority: 43 CFR 2710 and 2711.1–2 (a)
and (c)
James K. Stovall,
Acting Deputy State Director, Lands and
Resources.
[FR Doc. 2015–22797 Filed 9–9–15; 8:45 am]
BILLING CODE 4310–FB–P
DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Submission of Information Collections
Under the Paperwork Reduction Act
National Indian Gaming
Commission, Interior.
ACTION: Second notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995, the
National Indian Gaming Commission
(NIGC or Commission) is announcing its
submission, concurrently with the
publication of this notice or soon
thereafter, of the following information
collection requests to the Office of
Management and Budget (OMB) for
review and approval.
The Commission is seeking comments
on the renewal of information
collections for the following activities:
(i) Indian gaming management contractrelated submission requirements, as
authorized by OMB Control Number
3141–0004 (expires on October 31,
2015); (ii) Indian gaming fee payment-
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related submission requirements, as
authorized by OMB Control Number
3141–0007 (expires on November 30,
2015); (iii) minimum internal control
standards for class II gaming submission
and recordkeeping requirements, as
authorized by OMB Control Number
3141–0009 (expires on October 31,
2015); (iv) facility license-related
submission and recordkeeping
requirements, as authorized by OMB
Control Number 3141–0012 (expires on
October 31, 2015); and (v) minimum
technical standards for class II gaming
systems and equipment submission and
recordkeeping requirements, as
authorized by OMB Control Number
3141–0014 (expires on November 30,
2015).
In addition, the Commission is
seeking comments on its request for a
new information collection, i.e.,
voluntary stakeholder surveys to be
conducted by the NIGC in order to
gather tribal stakeholder feedback on
services, trainings, and/or technical
assistance that the NIGC provides to
gaming tribes.
DATES: The OMB has up to 60 days to
approve or disapprove the information
collection requests, but may respond
after 30 days. Therefore, public
comments should be submitted to OMB
by October 13, 2015 in order to be
assured of consideration.
ADDRESSES: Submit comments directly
to OMB’s Office of Information and
Regulatory Affairs, Attn: Policy Analyst/
Desk Officer for the National Indian
Gaming Commission. Comments can
also be emailed to OIRA_Submission@
omb.eop.gov, include reference to
‘‘NIGC PRA Renewals’’ in the subject
line.
FOR FURTHER INFORMATION CONTACT: For
further information, including copies of
the proposed information collection
requests and supporting documentation,
contact Armando J. Acosta at (202) 632–
7003; fax (202) 632–7066 (not toll-free
numbers). You may also review these
information collection requests by going
to https://www.reginfo.gov (Information
Collection Review, Currently Under
Review, Agency: National Indian
Gaming Commission).
SUPPLEMENTARY INFORMATION:
I. Abstract
The gathering of this information is in
keeping with the purposes of the Indian
Gaming Regulatory Act of 1988 (IGRA or
the Act), Public Law 100–497, 25 U.S.C.
2701, et seq., which include: Providing
a statutory basis for the operation of
gaming by Indian tribes as a means of
promoting tribal economic
development, self-sufficiency, and
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strong tribal governments; ensuring that
the Indian tribe is the primary
beneficiary of the gaming operation; and
declaring that the establishment of
independent federal regulatory
authority for gaming on Indian lands,
the establishment of federal standards
for gaming on Indian lands, and the
establishment of the Commission are
necessary to meet congressional
concerns regarding gaming and to
protect such gaming as a means of
generating tribal revenue. 25 U.S.C.
2702. The Act established the
Commission and laid out a
comprehensive framework for the
regulation of gaming on Indian lands.
II. Data
Title: Management Contract
Provisions.
OMB Control Number: 3141–0004.
Brief Description of Collection:
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the 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. 25 U.S.C. 2710,
2711. The Commission is authorized to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). The Commission has
promulgated parts 533, 535, and 537 of
title 25, Code of Federal Regulations, to
implement these statutory requirements.
Section 533.2 requires a tribe or
management contractor to submit a
management contract for review within
60 days of execution, and to submit all
of the items specified in § 533.3. Section
535.1 requires a tribe to submit an
amendment to a management contract
within 30 days of execution, and to
submit all of the items specified in
§ 535.1(c). Section 535.2 requires a tribe
or a management contractor, upon
execution, to submit the assignment by
a management contractor of its rights
under a previously approved
management contract. Section 537.1
requires a management contractor to
submit all of the items specified in
§ 537.1(b), (c) in order for the
Commission to conduct background
investigations on: each person with
management responsibility for a
management contract; each person who
is a director of a corporation that is a
party to a management contract; the ten
persons who have the greatest direct or
indirect financial interest in a
management contract; any entity with a
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financial interest in a management
contract; and any other person with a
direct or indirect financial interest in a
management contract, as otherwise
designated by the Commission. This
collection is mandatory, and the benefit
to the respondents is the approval of
Indian gaming management contracts,
and any amendments thereto.
Respondents: Tribal governing bodies
and management contractors.
Estimated Number of Respondents:
20.
Estimated Annual Responses: 43
(submissions of contracts, contract
amendments, contract assignments, and
background investigation material).
Estimated Time per Response:
Depending on the type of collection, the
range of time can vary from 10.0 burden
hours to 20.0 burden hours for one item.
Frequency of Response: Varies;
usually no more than once per year.
Estimated Total Annual Burden
Hours on Respondents: 692.
Estimated Total Non-hour Cost
Burden: $500,000.
Title: Fees.
OMB Control Number: 3141–0007.
Brief Description of Collection:
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the Act requires Indian tribes
that conduct a class II and/or class III
gaming activity to pay annual fees to the
Commission on the basis of the
assessable gross revenues of each
gaming operation using rates established
by the Commission. 25 U.S.C. 2717. The
Commission is authorized to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). The Commission has
promulgated part 514 of title 25, Code
of Federal Regulations, to implement
these statutory requirements.
Section 514.6 requires a tribe to
submit, along with its fee payments,
quarterly fee statements (worksheets)
showing its assessable gross revenues
for the previous fiscal year in order to
support the computation of fees paid by
each gaming operation. Section 514.7
requires a tribe to submit a notice
within 30 days after a gaming operation
changes its fiscal year. Section 514.15
allows a tribe to submit fingerprint
cards to the Commission for processing
by the Federal Bureau of Investigation
(FBI), along with a fee to cover the
NIGC’s and FBI’s costs to process the
fingerprint cards on behalf of the tribes.
Parts of this collection are mandatory
and the other part is voluntary. The
required submission of the fee
worksheets allows the Commission to
both set and adjust fee rates, and to
support the computation of fees paid by
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each gaming operation. In addition, the
voluntary submission of fingerprint
cards allows a tribe to conduct
statutorily mandated background
investigations on applicants for key
employee and primary management
official positions.
Respondents: Indian gaming
operations.
Estimated Number of Respondents:
651.
Estimated Annual Responses: 71,375.
Estimated Time per Response:
Depending on the type of collection, the
range of time can vary from 0.5 burden
hours to 2.0 burden hours for one item.
Frequency of Response: Quarterly (for
fee worksheets); varies (for fingerprint
cards and fiscal year change notices).
Estimated Total Annual Burden on
Respondents: 38,292.5.
Estimated Total Non-hour Cost
Burden: $1,467,585.
Title: Minimum Internal Control
Standards for Class II Gaming.
OMB Control Number: 3141–0009.
Brief Description of Collection:
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the Act directs the Commission
to monitor class II gaming conducted on
Indian lands on a continuing basis in
order to ensure that the Indian tribe is
the primary beneficiary of the gaming
operation and to protect such gaming as
a means of generating tribal revenue,
and to assure that gaming is conducted
fairly and honestly by both the operator
and players. 25 U.S.C. 2702(2),
2706(b)(1). The Commission is also
authorized to ‘‘promulgate such
regulations and guidelines as it deems
appropriate to implement’’ IGRA. 25
U.S.C. 2706(b)(10). The Commission has
promulgated part 543 of title 25, Code
of Federal Regulations, to aid it in
monitoring class II gaming on a
continuing basis.
Section 543.3 requires a tribal gaming
regulatory authority (TGRA) to submit
to the Commission a notice requesting
an extension to the deadline (by an
additional six months) to achieve
compliance with the requirements of the
new tier after a gaming operation has
moved from one tier to another. Section
543.5 requires a TGRA to submit a
detailed report after the TGRA has
approved an alternate standard to any of
the NIGC’s minimum internal control
standards, and the report must contain
all of the items specified in § 543.5(a)(2).
Section 543.23(c) requires a tribe to
maintain internal audit reports and to
make such reports available to the
Commission upon request. Section
543.23(d) requires a tribe to submit two
copies of the agreed-upon procedures
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(AUP) report within 120 days of the
gaming operation’s fiscal year end. This
collection is mandatory and allows the
NIGC to confirm tribal compliance with
the minimum internal control standards
in the AUP reports.
Respondents: Tribal governing bodies.
Estimated Number of Respondents:
466.
Estimated Annual Responses: 834.
Estimated Time per Response:
Depending on the type of collection, the
range of time can vary from 1.0 burden
hours to 108.0 burden hours for one
item.
Frequency of Response: Varies.
Estimated Total Annual Hourly
Burden to Respondents: 11,340.
Estimated Total Non-hour Cost
Burden: $8,736,040.
Title: Facility License Notifications
and Submissions.
OMB Control Number: 3141–0012.
Brief Description of Collection:
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the 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,’’ 25 U.S.C.
2710(b)(1), (d)(1), 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.’’ 25 U.S.C. 2710(b)(2)(E). The
Commission is authorized to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). The Commission has
promulgated part 559 of title 25, Code
of Federal Regulations, to implement
these requirements.
Section 559.2 requires a tribe to
submit a notice (that a facility license is
under consideration for issuance) at
least 120 days before opening any new
facility on Indian lands where class II
and/or class III gaming will occur, with
the notice containing all of the items
specified in § 559.2(b). Section 559.3
requires a tribe to submit a copy of each
newly issued or renewed facility license
within 30 days of issuance. Section
559.4 requires a tribe to submit an
attestation certifying that by issuing the
facility license, the tribe has determined
that the construction, maintenance, and
operation of that gaming facility is
conducted in a manner that adequately
protects the environment and the public
health and safety. Section 559.5 requires
a tribe to submit a notice within 30 days
if a facility license is terminated or
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expires or if a gaming operation closes
or reopens. Section 559.6 requires a
tribe to maintain applicable and
available Indian lands or environmental
and public health and safety
documentation, and provide that
documentation if requested by the
NIGC. This collection is mandatory and
enables the Commission to perform its
statutory duty by ensuring that tribal
gaming facilities on Indian lands are
properly licensed by the tribes.
Respondents: Indian tribal gaming
operations.
Estimated Number of Respondents:
110.
Estimated Annual Responses: 269.
Estimated Time per Response:
Depending on the type of collection, the
range of time can vary from 0.5 burden
hours to 13.0 burden hours for one item.
Frequency of Response: Varies.
Estimated Total Annual Hourly
Burden to Respondents: 2,232.
Estimated Total Non-hour Cost
Burden: $6,663.
Title: Minimum Technical Standards
for Class II Gaming Systems and
Equipment.
OMB Control Number: 3141–0014.
Brief Description of Collection:
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the Act directs the Commission
to monitor class II gaming conducted on
Indian lands on a continuing basis in
order to ensure that the Indian tribe is
the primary beneficiary of the gaming
operation and to protect such gaming as
a means of generating tribal revenue,
and to assure that gaming is conducted
fairly and honestly by both the operator
and players. 25 U.S.C. 2702(2),
2706(b)(1). The Act allows Indian tribes
to use ‘‘electronic, computer, or other
technologic aids’’ to conduct class II
gaming activities. 25 U.S.C. 2703(7)(A).
The Commission is authorized to
‘‘promulgate such regulations and
guidelines as it deems appropriate to
implement’’ IGRA. 25 U.S.C.
2706(b)(10). The Commission has
promulgated part 547 of title 25, Code
of Federal Regulations, to aid it in
monitoring class II gaming facilities that
are using electronic, computer, or other
technologic aids to conduct class II
gaming.
Section 547.5(b)(2) requires a tribal
gaming regulatory authority (TGRA) to
submit a notice regarding a
grandfathered class II gaming system’s
approval. Section 547.5(b)(5) requires a
TGRA to maintain records of approved
modifications that affect the play of a
grandfathered class II gaming system,
and must make the records available to
the Commission upon request. Section
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547.5(d)(3) requires a TGRA to maintain
records of approved emergency
hardware and software modifications to
a class II gaming system (and a copy of
the testing laboratory report) so long as
the gaming system remains available to
the public for play, and must make the
records available to the Commission
upon request. Section 547.5(f) requires a
TGRA to maintain records of its
following determinations: (i) Regarding
a testing laboratory’s (that is owned or
operated or affiliated with a tribe)
independence from the manufacturer
and gaming operator for whom it is
providing the testing, evaluating, and
reporting functions; (ii) regarding a
testing laboratory’s suitability
determination based upon standards no
less stringent than those set out in 25
CFR 533.6(b)(1)(ii) through (v) and
based upon no less information than
that required by 25 CFR 537.1; and/or
(iii) the TGRA’s acceptance of a testing
laboratory’s suitability determination
made by any other gaming regulatory
authority in the United States. The
TGRA must maintain said records for a
minimum of three years and must make
the records available to the Commission
upon request. Section 547.17 requires a
TGRA to submit a detailed report for
each enumerated standard for which the
TGRA approves an alternate standard,
and the report must contain the items
identified in § 547.17(a)(2). This
collection is mandatory and allows the
NIGC to confirm tribal compliance with
NIGC regulations on ‘‘electronic,
computer, or other technologic aids’’ to
conduct class II gaming activities.
Respondents: Tribal governing bodies.
Estimated Number of Respondents:
492.
Estimated Annual Responses: 500.
Estimated Time per Response:
Depending on the type of collection, the
range of time can vary from 2.0 burden
hours to 6.0 burden hours for one item.
Frequency of Response: Annually.
Estimated Total Annual Hourly
Burden to Respondents: 2,456.
Estimated Total Non-hour Cost
Burden: $0.
Title: Voluntary NIGC Stakeholder
Satisfaction Surveys.
OMB Control Number: 3141–ll.
Brief Description of Collection:
Amongst other actions necessary to
carry out the Commission’s statutory
duties, the Act directs the Commission
to provide trainings and technical
assistance to tribal gaming operations
regulated by IGRA. 25 U.S.C. 2706(d)(2).
The Commission is requesting a new
clearance to conduct voluntary
stakeholder surveys in order to: (i)
Determine the stakeholders’ satisfaction
with the level(s) of service, trainings,
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and/or technical assistance provided by
the Commission; (ii) identify any
perceived weaknesses in those services,
trainings, and/or technical assistance;
(iii) seek any other information on the
service, training, and/or technical
assistance received; (iv) seek
suggestions on improving the product or
its format; and (v) seek suggestions for
other services, trainings, and/or
technical assistance. This new
collection will be voluntary and the
information gleaned from these surveys
will be used to help direct service,
training, and/or technical assistance
improvement efforts, and to assist the
Commission in better identifying the
needs of its stakeholders. The
Commission will take precautions to
ensure that the respondents are aware
that they are not under any risk for not
responding or for the content of their
responses.
Respondents: Tribal governing bodies.
Average Expected Annual Number of
Stakeholder Satisfaction Surveys: 2.
Respondents: 242.
Annual Responses: 484.
Frequency of Response: Once per
survey (average of 15 minutes per
response).
Burden Hours: 121.
Estimated Total Non-hour Cost
Burden: $0.
III. Request for Comments
Regulations at 5 CFR part 1320, which
implement provisions of the Paperwork
Reduction Act, require that interested
members of the public have an
opportunity to comment on an agency’s
information collection and
recordkeeping activities. See 5 CFR
1320.8(d)). To comply with the public
consultation process, the Commission
previously published its 60-day notice
and request for comments and of its
intent to submit the above-mentioned
information collection requests to OMB
for approval. See 80 FR 32176 (June 5,
2015). The Commission did not receive
any comments in response to that notice
and request for comments.
The Commission will submit the
preceding requests to OMB to renew its
approval of the information collections
and to approve its request for a new
information collection to conduct
voluntary stakeholder satisfaction
surveys. The Commission is requesting
a three-year term of approval for each of
these information collection and
recordkeeping activities.
You are again invited to comment on
these collections in order for the
Commission to: (i) Evaluate whether the
proposed information collection is
necessary for the agency to perform its
duties, including whether the
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information is useful; (ii) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed information
collection; (iii) enhance the quality,
usefulness, and clarity of the
information to be collected; and (iv)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
It should be noted that as a result of the
Commission reviewing its own records
that track the number of tribal and/or
management contractor submissions
and after surveying tribal gaming
operators, TGRAs, and management
contractors regarding the Commission’s
submission and recordkeeping
requirements, many of the previously
published burden estimates have
changed since the publication of the
Commission’s 60-day notice on June 5,
2015. If you wish to comment in
response to this notice, you may send
your comments to the office listed under
the ADDRESSES section of this notice by
October 13, 2015.
Comments submitted in response to
this second notice will be summarized
and become a matter of public record.
The NIGC will not request nor sponsor
a collection of information, and you
need not respond to such a request, if
there is no valid OMB Control Number.
Dated: September 4, 2015.
Shannon O’Loughlin,
Chief of Staff.
[FR Doc. 2015–22847 Filed 9–9–15; 8:45 am]
BILLING CODE 7565–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR02054000, 15XR0680A1,
RX.02148943.3320900]
Notice of Availability for the Final
Environmental Impact Statement for
the Central Valley Project Municipal
and Industrial Water Shortage Policy,
Central Valley, California
Bureau of Reclamation,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Reclamation
has prepared a Final Environmental
Impact Statement (EIS) for the Central
Valley Project Municipal and Industrial
Water Shortage Policy. The Final EIS
addresses updating the Central Valley
Project Municipal and Industrial Water
Shortage Policy and implementation
guidelines. The Central Valley Project
Municipal and Industrial Water
Shortage Policy would be used by
Reclamation to: (1) Define water
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shortage terms and conditions for
applicable Central Valley Project water
service contractors, as appropriate; (2)
establish Central Valley Project water
supply allocations that, together with
the municipal and industrial water
service contractors’ drought water
conservation measures and other water
supplies, would assist the municipal
and industrial water service contractors
in their efforts to protect public health
and safety during severe or continuing
droughts; and (3) provide information to
water service contractors for their use in
water supply planning and development
of drought contingency plans.
DATES: The Bureau of Reclamation will
not issue a final decision on the
proposal for a minimum of 30 days after
the date that the Environmental
Protection Agency releases the Final
EIS. After the 30-day period, the Bureau
of Reclamation will complete a Record
of Decision. The Record of Decision will
state the action that will be
implemented and will discuss all factors
leading to the decision.
ADDRESSES: Send written
correspondence or requests for copies of
the Final EIS to Mr. Tim Rust, Bureau
of Reclamation, Resources Management
Division, 2800 Cottage Way,
Sacramento, CA 95825, or via email to
trust@usbr.gov. To request a compact
disc of the Final EIS, please contact Mr.
Tim Rust as indicated above, or call
(916) 978–5516.
The Final EIS may be viewed at the
Bureau of Reclamation’s Web site at
https://www.usbr.gov/mp/cvp/mandi/
index.html. See the SUPPLEMENTARY
INFORMATION section for locations where
copies of the Final EIS are available for
public review.
FOR FURTHER INFORMATION CONTACT: Mr.
Tim Rust, Program Manager, Bureau of
Reclamation, via email at trust@
usbr.gov, or at (916) 978–5516.
SUPPLEMENTARY INFORMATION: The
Central Valley Project is operated under
Federal statutes authorizing the Central
Valley Project, and by the terms and
conditions of water rights acquired
pursuant to California law. During any
year, constraints may occur on the
availability of Central Valley Project
water for municipal and industrial
water service contractors. The cause of
the water shortage may be drought,
unavoidable causes, or restricted
operations resulting from legal and
environmental obligations or mandates.
Those legal and environmental
obligations include, but are not limited
to, the Endangered Species Act, the
Central Valley Project Improvement Act
(CVPIA), and conditions imposed on
Central Valley Project water rights by
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54589
the California State Water Resources
Control Board. The 2001 draft Central
Valley Project Municipal & Industrial
Water Shortage Policy, as modified by
Alternative 1 B of the 2005 draft
environmental assessment (EA),
establishes the terms and conditions
regarding the constraints on availability
of water supply for the Central Valley
Project municipal and industrial water
service contracts.
Allocation of Central Valley Project
water supplies for any given water year
is based upon forecasted reservoir
inflows and Central Valley hydrologic
conditions, amounts of storage in
Central Valley Project reservoirs,
regulatory requirements, and
management of Section 3406(b)(2)
resources and refuge water supplies in
accordance with CVPIA. In some cases,
municipal and industrial allocations in
water shortage years may differ between
Central Valley Project divisions due to
regional Central Valley Project water
supply availability, system capacity, or
other operational constraints.
The purpose of the update to the 2001
Central Valley Project Municipal &
Industrial Water Shortage Policy, as
modified by Alternative 1 B of the 2005
draft EA, is to provide detailed, clear,
and objective guidelines for the
distribution of Central Valley Project
water supplies during water shortage
conditions, thereby allowing Central
Valley Project water users to know
when, and by how much, water
deliveries may be reduced in drought
and other low water supply conditions.
The increased level of clarity and
understanding that will be provided by
the update to the 2001 draft Central
Valley Project Municipal & Industrial
Water Shortage Policy is needed by
water managers and the entities that
receive Central Valley Project water to
better plan for and manage available
Central Valley Project water supplies,
and to better integrate the use of Central
Valley Project water with other available
non-Central Valley Project water
supplies. The update to the 2001 draft
Central Valley Project Municipal &
Industrial Water Shortage Policy is also
needed to clarify certain terms and
conditions with regard to its
applicability and implementation. The
proposed action is the adoption of an
updated Central Valley Project
Municipal & Industrial Water Shortage
Policy and its implementation
guidelines.
The EIS analyzes five alternative
actions. Alternative 1 is No Action, and
represents the current 2001 draft Central
Valley Project Municipal & Industrial
Water Shortage Policy, as modified by
Alternative 1 B of the 2005 EA, which
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]]>Agencies
[Federal Register Volume 80, Number 175 (Thursday, September 10, 2015)]
[Notices]
[Pages 54586-54589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22847]
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DEPARTMENT OF THE INTERIOR
National Indian Gaming Commission
Submission of Information Collections Under the Paperwork
Reduction Act
AGENCY: National Indian Gaming Commission, Interior.
ACTION: Second notice and request for comments.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
National Indian Gaming Commission (NIGC or Commission) is announcing
its submission, concurrently with the publication of this notice or
soon thereafter, of the following information collection requests to
the Office of Management and Budget (OMB) for review and approval.
The Commission is seeking comments on the renewal of information
collections for the following activities: (i) Indian gaming management
contract-related submission requirements, as authorized by OMB Control
Number 3141-0004 (expires on October 31, 2015); (ii) Indian gaming fee
payment-related submission requirements, as authorized by OMB Control
Number 3141-0007 (expires on November 30, 2015); (iii) minimum internal
control standards for class II gaming submission and recordkeeping
requirements, as authorized by OMB Control Number 3141-0009 (expires on
October 31, 2015); (iv) facility license-related submission and
recordkeeping requirements, as authorized by OMB Control Number 3141-
0012 (expires on October 31, 2015); and (v) minimum technical standards
for class II gaming systems and equipment submission and recordkeeping
requirements, as authorized by OMB Control Number 3141-0014 (expires on
November 30, 2015).
In addition, the Commission is seeking comments on its request for
a new information collection, i.e., voluntary stakeholder surveys to be
conducted by the NIGC in order to gather tribal stakeholder feedback on
services, trainings, and/or technical assistance that the NIGC provides
to gaming tribes.
DATES: The OMB has up to 60 days to approve or disapprove the
information collection requests, but may respond after 30 days.
Therefore, public comments should be submitted to OMB by October 13,
2015 in order to be assured of consideration.
ADDRESSES: Submit comments directly to OMB's Office of Information and
Regulatory Affairs, Attn: Policy Analyst/Desk Officer for the National
Indian Gaming Commission. Comments can also be emailed to
OIRA_Submission@omb.eop.gov, include reference to ``NIGC PRA Renewals''
in the subject line.
FOR FURTHER INFORMATION CONTACT: For further information, including
copies of the proposed information collection requests and supporting
documentation, contact Armando J. Acosta at (202) 632-7003; fax (202)
632-7066 (not toll-free numbers). You may also review these information
collection requests by going to https://www.reginfo.gov (Information
Collection Review, Currently Under Review, Agency: National Indian
Gaming Commission).
SUPPLEMENTARY INFORMATION:
I. Abstract
The gathering of this information is in keeping with the purposes
of the Indian Gaming Regulatory Act of 1988 (IGRA or the Act), Public
Law 100-497, 25 U.S.C. 2701, et seq., which include: Providing a
statutory basis for the operation of gaming by Indian tribes as a means
of promoting tribal economic development, self-sufficiency, and strong
tribal governments; ensuring that the Indian tribe is the primary
beneficiary of the gaming operation; and declaring that the
establishment of independent federal regulatory authority for gaming on
Indian lands, the establishment of federal standards for gaming on
Indian lands, and the establishment of the Commission are necessary to
meet congressional concerns regarding gaming and to protect such gaming
as a means of generating tribal revenue. 25 U.S.C. 2702. The Act
established the Commission and laid out a comprehensive framework for
the regulation of gaming on Indian lands.
II. Data
Title: Management Contract Provisions.
OMB Control Number: 3141-0004.
Brief Description of Collection: Amongst other actions necessary to
carry out the Commission's statutory duties, the 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. 25 U.S.C. 2710, 2711. The
Commission is authorized to ``promulgate such regulations and
guidelines as it deems appropriate to implement'' IGRA. 25 U.S.C.
2706(b)(10). The Commission has promulgated parts 533, 535, and 537 of
title 25, Code of Federal Regulations, to implement these statutory
requirements.
Section 533.2 requires a tribe or management contractor to submit a
management contract for review within 60 days of execution, and to
submit all of the items specified in Sec. 533.3. Section 535.1
requires a tribe to submit an amendment to a management contract within
30 days of execution, and to submit all of the items specified in Sec.
535.1(c). Section 535.2 requires a tribe or a management contractor,
upon execution, to submit the assignment by a management contractor of
its rights under a previously approved management contract. Section
537.1 requires a management contractor to submit all of the items
specified in Sec. 537.1(b), (c) in order for the Commission to conduct
background investigations on: each person with management
responsibility for a management contract; each person who is a director
of a corporation that is a party to a management contract; the ten
persons who have the greatest direct or indirect financial interest in
a management contract; any entity with a
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financial interest in a management contract; and any other person with
a direct or indirect financial interest in a management contract, as
otherwise designated by the Commission. This collection is mandatory,
and the benefit to the respondents is the approval of Indian gaming
management contracts, and any amendments thereto.
Respondents: Tribal governing bodies and management contractors.
Estimated Number of Respondents: 20.
Estimated Annual Responses: 43 (submissions of contracts, contract
amendments, contract assignments, and background investigation
material).
Estimated Time per Response: Depending on the type of collection,
the range of time can vary from 10.0 burden hours to 20.0 burden hours
for one item.
Frequency of Response: Varies; usually no more than once per year.
Estimated Total Annual Burden Hours on Respondents: 692.
Estimated Total Non-hour Cost Burden: $500,000.
Title: Fees.
OMB Control Number: 3141-0007.
Brief Description of Collection: Amongst other actions necessary to
carry out the Commission's statutory duties, the Act requires Indian
tribes that conduct a class II and/or class III gaming activity to pay
annual fees to the Commission on the basis of the assessable gross
revenues of each gaming operation using rates established by the
Commission. 25 U.S.C. 2717. The Commission is authorized to
``promulgate such regulations and guidelines as it deems appropriate to
implement'' IGRA. 25 U.S.C. 2706(b)(10). The Commission has promulgated
part 514 of title 25, Code of Federal Regulations, to implement these
statutory requirements.
Section 514.6 requires a tribe to submit, along with its fee
payments, quarterly fee statements (worksheets) showing its assessable
gross revenues for the previous fiscal year in order to support the
computation of fees paid by each gaming operation. Section 514.7
requires a tribe to submit a notice within 30 days after a gaming
operation changes its fiscal year. Section 514.15 allows a tribe to
submit fingerprint cards to the Commission for processing by the
Federal Bureau of Investigation (FBI), along with a fee to cover the
NIGC's and FBI's costs to process the fingerprint cards on behalf of
the tribes. Parts of this collection are mandatory and the other part
is voluntary. The required submission of the fee worksheets allows the
Commission to both set and adjust fee rates, and to support the
computation of fees paid by each gaming operation. In addition, the
voluntary submission of fingerprint cards allows a tribe to conduct
statutorily mandated background investigations on applicants for key
employee and primary management official positions.
Respondents: Indian gaming operations.
Estimated Number of Respondents: 651.
Estimated Annual Responses: 71,375.
Estimated Time per Response: Depending on the type of collection,
the range of time can vary from 0.5 burden hours to 2.0 burden hours
for one item.
Frequency of Response: Quarterly (for fee worksheets); varies (for
fingerprint cards and fiscal year change notices).
Estimated Total Annual Burden on Respondents: 38,292.5.
Estimated Total Non-hour Cost Burden: $1,467,585.
Title: Minimum Internal Control Standards for Class II Gaming.
OMB Control Number: 3141-0009.
Brief Description of Collection: Amongst other actions necessary to
carry out the Commission's statutory duties, the Act directs the
Commission to monitor class II gaming conducted on Indian lands on a
continuing basis in order to ensure that the Indian tribe is the
primary beneficiary of the gaming operation and to protect such gaming
as a means of generating tribal revenue, and to assure that gaming is
conducted fairly and honestly by both the operator and players. 25
U.S.C. 2702(2), 2706(b)(1). The Commission is also authorized to
``promulgate such regulations and guidelines as it deems appropriate to
implement'' IGRA. 25 U.S.C. 2706(b)(10). The Commission has promulgated
part 543 of title 25, Code of Federal Regulations, to aid it in
monitoring class II gaming on a continuing basis.
Section 543.3 requires a tribal gaming regulatory authority (TGRA)
to submit to the Commission a notice requesting an extension to the
deadline (by an additional six months) to achieve compliance with the
requirements of the new tier after a gaming operation has moved from
one tier to another. Section 543.5 requires a TGRA to submit a detailed
report after the TGRA has approved an alternate standard to any of the
NIGC's minimum internal control standards, and the report must contain
all of the items specified in Sec. 543.5(a)(2). Section 543.23(c)
requires a tribe to maintain internal audit reports and to make such
reports available to the Commission upon request. Section 543.23(d)
requires a tribe to submit two copies of the agreed-upon procedures
(AUP) report within 120 days of the gaming operation's fiscal year end.
This collection is mandatory and allows the NIGC to confirm tribal
compliance with the minimum internal control standards in the AUP
reports.
Respondents: Tribal governing bodies.
Estimated Number of Respondents: 466.
Estimated Annual Responses: 834.
Estimated Time per Response: Depending on the type of collection,
the range of time can vary from 1.0 burden hours to 108.0 burden hours
for one item.
Frequency of Response: Varies.
Estimated Total Annual Hourly Burden to Respondents: 11,340.
Estimated Total Non-hour Cost Burden: $8,736,040.
Title: Facility License Notifications and Submissions.
OMB Control Number: 3141-0012.
Brief Description of Collection: Amongst other actions necessary to
carry out the Commission's statutory duties, the 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,'' 25
U.S.C. 2710(b)(1), (d)(1), 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.'' 25 U.S.C. 2710(b)(2)(E). The Commission is
authorized to ``promulgate such regulations and guidelines as it deems
appropriate to implement'' IGRA. 25 U.S.C. 2706(b)(10). The Commission
has promulgated part 559 of title 25, Code of Federal Regulations, to
implement these requirements.
Section 559.2 requires a tribe to submit a notice (that a facility
license is under consideration for issuance) at least 120 days before
opening any new facility on Indian lands where class II and/or class
III gaming will occur, with the notice containing all of the items
specified in Sec. 559.2(b). Section 559.3 requires a tribe to submit a
copy of each newly issued or renewed facility license within 30 days of
issuance. Section 559.4 requires a tribe to submit an attestation
certifying that by issuing the facility license, the tribe has
determined that the construction, maintenance, and operation of that
gaming facility is conducted in a manner that adequately protects the
environment and the public health and safety. Section 559.5 requires a
tribe to submit a notice within 30 days if a facility license is
terminated or
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expires or if a gaming operation closes or reopens. Section 559.6
requires a tribe to maintain applicable and available Indian lands or
environmental and public health and safety documentation, and provide
that documentation if requested by the NIGC. This collection is
mandatory and enables the Commission to perform its statutory duty by
ensuring that tribal gaming facilities on Indian lands are properly
licensed by the tribes.
Respondents: Indian tribal gaming operations.
Estimated Number of Respondents: 110.
Estimated Annual Responses: 269.
Estimated Time per Response: Depending on the type of collection,
the range of time can vary from 0.5 burden hours to 13.0 burden hours
for one item.
Frequency of Response: Varies.
Estimated Total Annual Hourly Burden to Respondents: 2,232.
Estimated Total Non-hour Cost Burden: $6,663.
Title: Minimum Technical Standards for Class II Gaming Systems and
Equipment.
OMB Control Number: 3141-0014.
Brief Description of Collection: Amongst other actions necessary to
carry out the Commission's statutory duties, the Act directs the
Commission to monitor class II gaming conducted on Indian lands on a
continuing basis in order to ensure that the Indian tribe is the
primary beneficiary of the gaming operation and to protect such gaming
as a means of generating tribal revenue, and to assure that gaming is
conducted fairly and honestly by both the operator and players. 25
U.S.C. 2702(2), 2706(b)(1). The Act allows Indian tribes to use
``electronic, computer, or other technologic aids'' to conduct class II
gaming activities. 25 U.S.C. 2703(7)(A). The Commission is authorized
to ``promulgate such regulations and guidelines as it deems appropriate
to implement'' IGRA. 25 U.S.C. 2706(b)(10). The Commission has
promulgated part 547 of title 25, Code of Federal Regulations, to aid
it in monitoring class II gaming facilities that are using electronic,
computer, or other technologic aids to conduct class II gaming.
Section 547.5(b)(2) requires a tribal gaming regulatory authority
(TGRA) to submit a notice regarding a grandfathered class II gaming
system's approval. Section 547.5(b)(5) requires a TGRA to maintain
records of approved modifications that affect the play of a
grandfathered class II gaming system, and must make the records
available to the Commission upon request. Section 547.5(d)(3) requires
a TGRA to maintain records of approved emergency hardware and software
modifications to a class II gaming system (and a copy of the testing
laboratory report) so long as the gaming system remains available to
the public for play, and must make the records available to the
Commission upon request. Section 547.5(f) requires a TGRA to maintain
records of its following determinations: (i) Regarding a testing
laboratory's (that is owned or operated or affiliated with a tribe)
independence from the manufacturer and gaming operator for whom it is
providing the testing, evaluating, and reporting functions; (ii)
regarding a testing laboratory's suitability determination based upon
standards no less stringent than those set out in 25 CFR
533.6(b)(1)(ii) through (v) and based upon no less information than
that required by 25 CFR 537.1; and/or (iii) the TGRA's acceptance of a
testing laboratory's suitability determination made by any other gaming
regulatory authority in the United States. The TGRA must maintain said
records for a minimum of three years and must make the records
available to the Commission upon request. Section 547.17 requires a
TGRA to submit a detailed report for each enumerated standard for which
the TGRA approves an alternate standard, and the report must contain
the items identified in Sec. 547.17(a)(2). This collection is
mandatory and allows the NIGC to confirm tribal compliance with NIGC
regulations on ``electronic, computer, or other technologic aids'' to
conduct class II gaming activities.
Respondents: Tribal governing bodies.
Estimated Number of Respondents: 492.
Estimated Annual Responses: 500.
Estimated Time per Response: Depending on the type of collection,
the range of time can vary from 2.0 burden hours to 6.0 burden hours
for one item.
Frequency of Response: Annually.
Estimated Total Annual Hourly Burden to Respondents: 2,456.
Estimated Total Non-hour Cost Burden: $0.
Title: Voluntary NIGC Stakeholder Satisfaction Surveys.
OMB Control Number: 3141-__.
Brief Description of Collection: Amongst other actions necessary to
carry out the Commission's statutory duties, the Act directs the
Commission to provide trainings and technical assistance to tribal
gaming operations regulated by IGRA. 25 U.S.C. 2706(d)(2).
The Commission is requesting a new clearance to conduct voluntary
stakeholder surveys in order to: (i) Determine the stakeholders'
satisfaction with the level(s) of service, trainings, and/or technical
assistance provided by the Commission; (ii) identify any perceived
weaknesses in those services, trainings, and/or technical assistance;
(iii) seek any other information on the service, training, and/or
technical assistance received; (iv) seek suggestions on improving the
product or its format; and (v) seek suggestions for other services,
trainings, and/or technical assistance. This new collection will be
voluntary and the information gleaned from these surveys will be used
to help direct service, training, and/or technical assistance
improvement efforts, and to assist the Commission in better identifying
the needs of its stakeholders. The Commission will take precautions to
ensure that the respondents are aware that they are not under any risk
for not responding or for the content of their responses.
Respondents: Tribal governing bodies.
Average Expected Annual Number of Stakeholder Satisfaction Surveys:
2.
Respondents: 242.
Annual Responses: 484.
Frequency of Response: Once per survey (average of 15 minutes per
response).
Burden Hours: 121.
Estimated Total Non-hour Cost Burden: $0.
III. Request for Comments
Regulations at 5 CFR part 1320, which implement provisions of the
Paperwork Reduction Act, require that interested members of the public
have an opportunity to comment on an agency's information collection
and recordkeeping activities. See 5 CFR 1320.8(d)). To comply with the
public consultation process, the Commission previously published its
60-day notice and request for comments and of its intent to submit the
above-mentioned information collection requests to OMB for approval.
See 80 FR 32176 (June 5, 2015). The Commission did not receive any
comments in response to that notice and request for comments.
The Commission will submit the preceding requests to OMB to renew
its approval of the information collections and to approve its request
for a new information collection to conduct voluntary stakeholder
satisfaction surveys. The Commission is requesting a three-year term of
approval for each of these information collection and recordkeeping
activities.
You are again invited to comment on these collections in order for
the Commission to: (i) Evaluate whether the proposed information
collection is necessary for the agency to perform its duties, including
whether the
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information is useful; (ii) evaluate the accuracy of the agency's
estimate of the burden of the proposed information collection; (iii)
enhance the quality, usefulness, and clarity of the information to be
collected; and (iv) minimize the burden on the respondents, including
the use of automated collection techniques or other forms of
information technology. It should be noted that as a result of the
Commission reviewing its own records that track the number of tribal
and/or management contractor submissions and after surveying tribal
gaming operators, TGRAs, and management contractors regarding the
Commission's submission and recordkeeping requirements, many of the
previously published burden estimates have changed since the
publication of the Commission's 60-day notice on June 5, 2015. If you
wish to comment in response to this notice, you may send your comments
to the office listed under the ADDRESSES section of this notice by
October 13, 2015.
Comments submitted in response to this second notice will be
summarized and become a matter of public record. The NIGC will not
request nor sponsor a collection of information, and you need not
respond to such a request, if there is no valid OMB Control Number.
Dated: September 4, 2015.
Shannon O'Loughlin,
Chief of Staff.
[FR Doc. 2015-22847 Filed 9-9-15; 8:45 am]
BILLING CODE 7565-01-P
