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S. HRG. 111–697 

NOMINATION OF TRACIE L. STEVENS TO BE 

CHAIRMAN OF THE NATIONAL INDIAN GAMING 

COMMISSION 

HEARING 

BEFORE THE

COMMITTEE ON INDIAN AFFAIRS 

UNITED STATES SENATE 

ONE HUNDRED ELEVENTH CONGRESS 

SECOND SESSION 

MAY 26, 2010 

Printed for the use of the Committee on Indian Affairs 

( 

(II) 

COMMITTEE ON INDIAN AFFAIRS 

BYRON L. DORGAN, North Dakota, Chairman 

JOHN BARRASSO, Wyoming, Vice Chairman 

DANIEL K. INOUYE, Hawaii 

KENT CONRAD, North Dakota 

DANIEL K. AKAKA, Hawaii 

TIM JOHNSON, South Dakota 

MARIA CANTWELL, Washington 

JON TESTER, Montana 

TOM UDALL, New Mexico 

AL FRANKEN, Minnesota 

JOHN MCCAIN, Arizona 

LISA MURKOWSKI, Alaska 

TOM COBURN, M.D., Oklahoma 

MIKE CRAPO, Idaho 

MIKE JOHANNS, Nebraska 

ALLISON C. BINNEY, Majority Staff Director and Chief Counsel 

DAVID A. MULLON JR., Minority Staff Director and Chief Counsel 

(III) 

C O N T E N T S 

Page 

Hearing held on May 26, 2010 ............................................................................... 1 

Statement of Senator Cantwell .............................................................................. 4 

Statement of Senator Dorgan ................................................................................. 1 

Statement of Senator Franken ............................................................................... 31 

Statement of Senator Murray ................................................................................. 3 

Statement of Senator Tester ................................................................................... 5 

WITNESSES

Cladoosby, Hon. Brian, Chairman, Swinomish Indian Tribal Community ........ 6 

Prepared statement .......................................................................................... 9 

Stevens, Tracie L., Nominee to be Chairman of the National Indian Gaming 

Commission ........................................................................................................... 11 

Prepared statement .......................................................................................... 13 

Biographical information ................................................................................. 15 

APPENDIX

Response to written questions submitted to Tracie L. Stevens by: 

Hon. John Barrasso .......................................................................................... 36 

Hon. Tom Coburn ............................................................................................. 39 

Hon. Byron L. Dorgan ...................................................................................... 35 

Hon. John McCain ............................................................................................ 38 

Hon. Jon Tester ................................................................................................ 40 

(1) 

NOMINATION OF TRACIE L. STEVENS TO BE 

CHAIRMAN OF THE NATIONAL INDIAN 

GAMING COMMISSION 

WEDNESDAY, MAY 26, 2010 

U.S. SENATE, 

COMMITTEE ON INDIAN AFFAIRS, 

Washington, DC. 

The Committee met, pursuant to notice, at 10:00 a.m. in room 

628, Dirksen Senate Office Building, Hon. Byron L. Dorgan, 

Chairman of the Committee, presiding. 

OPENING STATEMENT OF HON. BYRON L. DORGAN, 

U.S. SENATOR FROM NORTH DAKOTA 

The CHAIRMAN. We are going to begin the hearing today. This is 

a hearing of the Senate Indian Affairs Committee. We meet today 

to examine President Obama’s nomination of Ms. Tracie Stevens to 

serve as Chairman of the National Indian Gaming Commission. 

Congress enacted the Indian Gaming Regulatory Act, now nearly 

22 years ago, in large part to establish the Commission itself. That 

Act acknowledges the inherent right of Indian tribes to conduct 

gaming and balances that right with the need to provide a regulatory framework for Indian gaming. 

The mission of the agency is to regulate gaming activities, to 

shield it from crime and ensure that the games are conducted fairly 

and honestly, as they are authorized by the various Indian tribes. 

The Chairman of the National Indian Gaming Commission is specifically tasked with conducting investigations and audits, reviewing tribal gaming ordinances, taking enforcement actions, issuing 

fines and conducting background investigations. 

The Chairman, along with two commissioners, oversees 115 employees who work at seven regional offices and four satellite offices. 

The Commission’s annual budget is about $16 million. The Commission also works to provide technical assistance to approximately 

3,400 tribal and State gaming regulators that conduct day to day 

oversight of tribal gaming operations. 

Now, over the past 22 years, the Commission, acting under authority provided in the Indian Gaming Regulatory Act, has succeeded in protecting and fostering Indian gaming as a means of 

generating revenue for many tribes. Today there are 242 Indian 

tribes conducting gaming, and the industry generated about $27 

billion in gross revenues in 2008. 

2 

Indian gaming has brought some tribal communities from desperate poverty to wealth. Many tribes use Indian gaming revenue 

to improve health care and tribal schools, care for tribal elders, 

provide fire and police protection, diversify tribal economies, rebuild infrastructure and for many other purposes. 

For many other tribes, gaming creates sorely-needed jobs for reservation residents. While I mentioned that it brings wealth to some 

tribes, by and large, most of the tribes are benefitted by Indian 

gaming, but it does not bring what I would call wealth. It brings 

an added income stream with which to help members of the tribe. 

Despite the relative success of these gaming facilities, a number 

of outstanding issues and questions remain in Indian gaming, including gaps in regulation and definitions of certain terms in the 

Act. We are here today to highlight a number of these concerns and 

to get Ms. Stevens’ views on how she will confront them. 

As we will hear today, Ms. Stevens has a strong background in 

Indian Affairs policy, Indian gaming management and operations 

and Federal and State and tribal relations. The job of Chairman of 

the National Indian Gaming Commission is a big job. I am confident that she will provide the needed leadership and oversight to 

ensure that Indian gaming continues to flourish in our Country. 

I am glad to express my support for her nomination. Before I recognize others, I want to clarify the process for moving forward with 

this nomination. 

This morning, Committee members will ask questions of Ms. Stevens, and more will be submitted in writing tomorrow. Once the 

Committee has received the full responses to these questions, we 

will seek to report the nomination at our next scheduled business 

meeting. 

Let me just finally say with respect to Indian gaming, there have 

been questions remaining since the Colorado River decision, and 

issues that remain unresolved. And the Committee will likely want 

to hold future hearings on that, on the question of the ability of the 

National Indian Gaming Commission to regulate Class III gaming, 

as an example. Some say that, well, we don’t want three levels of 

regulatory authority, the State, the tribe, National Indian Gaming 

Commission. 

And yet, I recognize that while there are some States in the 

Country that have a very sophisticated State level of regulatory authority that comes with the State’s responsibilities under the compact with the tribes for Indian gaming, there are other States that 

would say they have regulatory authority but really do not. States 

that perhaps have a half-time person or one or one and a half people whose job it is to take a look at Indian gaming. That is really 

not effective regulation. 

So I know that there are people who say, well, we don’t want the 

Congress to do anything about the Colorado River decision. And 

yet, it remains out there as something that has to be discussed, at 

least in terms of those States in which compacts exist and Indian 

gaming exists and there is no effective State regulatory authority. 

There is then a tribal responsibility, should there not also be a responsibility for Class III gaming on the part of the National Indian 

Regulatory Commission? 

3 

Those are very important issues. All of us want Indian gaming 

to go well, to be successful, to be beneficial to the tribes and the 

members of the tribes. We think that has been the case. There is 

much to be said that is positive about it. 

I am pleased, however, that we now have a nominee to chair the 

Commission. It has been a rather lengthy period of time, and it is 

necessary to protect this area of Indian gaming with effective regulatory authority. That is the reason we will move with some dispatch with this nominee. 

Let me call on my two colleagues from the State of Washington 

who wished to be present to introduce. Senator Murray, would you 

like to come up and introduce from here? Then I will call on Senator Cantwell. 

STATEMENT OF HON. PATTY MURRAY, 

U.S. SENATOR FROM WASHINGTON 

Senator MURRAY. Thank you very much, Mr. Chairman. It really 

is a pleasure and an honor for me to be here. Thank you for allowing me to join your Committee for a moment today to introduce 

Tracie Stevens, who has been nominated to chair the National Indian Gaming Commission. 

Tracie has spent over a decade developing the skills to excel as 

the Chair of the NIGC, starting with her work in operations at the 

Tulalip Casino. She has practical, on the ground knowledge of this 

industry. She is a proven leader in this field and has developed 

strong relationships at our local, State and national level, as the 

Northwest delegate and executive board member of the National 

Indian Gaming Association, Chair of the Gaming Subcommittee of 

the Affiliated Tribes of Northwest Indians and the Secretary of the 

Board of Directors of the Washington Indian Gaming Association. 

Mr. Chairman, I have really appreciated Tracie’s work in her 

current position at the Bureau of Indian Affairs. She has been a 

very effective leader and has demonstrated knowledge of very complex policy issues and really knows how to communicate those and 

their importance, both to Washington State and the entire Country. 

I also have to say that I am personally excited for Tracie’s nomination, because she is an enrolled member of the Tulalip Tribes of 

Washington State, and understands all of the diverse communities 

in my State and across the Country. 

Mr. Chairman, I am delighted to be here today and honored to 

give her my highest recommendation, because I really believe she 

is going to excel as Chair of the NIGC. She has developed the relationships and the trusts that are really necessary to be an effective 

leader. So I am proud to be here today and join with my colleague, 

Senator Cantwell, and friends and family of Tracie as well, to support her nomination. 

The CHAIRMAN. Senator Murray, thank you very much for being 

with us and for that statement. 

Senator Cantwell? 

4 

STATEMENT OF HON. MARIA CANTWELL, 

U.S. SENATOR FROM WASHINGTON 

Senator CANTWELL. Thank you, Mr. Chairman, and thank you 

for holding this important hearing this morning, and doing so so 

quickly. The need for permanent leadership at the National Indian 

Gaming Commission is very great. 

I am pleased to be here to introduce Tracie Stevens, President 

Obama’s nominee for the chairmanship of the National Indian 

Gaming Commission. I have known Tracie for many years, and I 

am glad to see that her husband, Kyle Allen, and her daughter, 

Cierra Joy, are also with her today, as well as State Representative 

John McCoy, a member of Washington State legislature and a 

member of the Tulalip Tribe. He is one of the few Native Americans who have been elected to our Washington State legislature in 

the history of our State. And he is here to support Tracie as one 

of her key mentors. 

Mr. Chairman, the nomination of Tracie Stevens to be Chair of 

the National Indian Gaming Commission is an important nomination. Because the job provides crucial oversight and regulation of 

tribal gaming. We all know that since this Commission was created 

in 1988, tribal gaming has grown dramatically, providing jobs and 

economic resources to Indian Country. 

What we need in this position, Mr. Chairman, is someone who 

understands and can balance the many unique and complicated 

issues that arise between tribal sovereignty and Federal law. 

Tracie Stevens has been a leader in her own community on these 

important issues for almost two decades. The Tulalip Enterprise is 

one of the most successful and productive in the State of Washington. The Tulalip’s have leveraged their economic opportunity to 

diversify their own economy. Through these resources, they have 

transformed their tribe and have enabled major investments in 

their people and in natural resources. 

Tracie has been a key part of the Tulalip’s successful transition 

in numerous critical positions. I am enthusiastic about her nomination, because she understands the many aspects of tribal gaming, 

because she has seen them through the many advances of her own 

career. She understands how tribal gaming works on the ground, 

with State compacts, and at a national level. 

Tracie rose to the position of Senior Policy Analyst with the 

Tulalip’s Department where she was the chair of re-writing the 

tribal gaming ordinance. And she led the Tulalip’s negotiation on 

their gaming compact with the State of Washington, a process that 

took two years. 

Because of these experiences at the Tulalip Tribe and her subcommittee chairmanship with the Affiliated Tribes of the Northwest and participating as a delegate to the National Indian Gaming Commission, I know she will bring a new and unique perspective to NIGC. 

She also has already gained a lot of national experience working 

as a key member of the staff of Assistant Secretary Echo Hawk’s 

office in the Bureau of Indian Affairs. She has worked on public 

policy, energy, economic development, land into trust, and budget 

priorities. So her nomination, Mr. Chairman, fills the last vacant 

position on NIGC, and with her confirmation we will be back to full 

5 

strength after one and a half years without a full complement of 

commissioners. This agency will now be able to get back to carrying 

out its core purpose and hopefully put the distractions from the 

past behind it. I am confident that Tracie Stevens is capable of 

leading the NIGC as it deals with these most contentious issues. 

Finally, I would also like to thank Brian Cladoosby, Chair of the 

Swinomish Tribe, and President of the Affiliated Tribes of the Pacific Northwest, for traveling from the Swinomish Reservation to be 

here and introduce Tracie on behalf of Indian Country. 

Thank you, Mr. Chairman. It is a pleasure to be here with my 

colleague, Senator Murray, as we have many Northwest Tribes. We 

are certainly proud of Tracie and the Tulalips today. 

The CHAIRMAN. Senator Cantwell, thank you very much. Those 

are two very strong statements of support from your home Senators, Ms. Stevens. 

Senator Tester? 

STATEMENT OF HON. JON TESTER, 

U.S. SENATOR FROM MONTANA 

Senator TESTER. I want to thank you, Mr. Chairman, and I also 

want to thank the witnesses for being here, especially Tracie Stevens. I think it speaks well of you, Tracie, to have your two home 

State Senators who are great folks in their own right speak so well 

of you. 

This is an important hearing. Indian gaming is important. It is 

also controversial. On one hand, Indian gaming has transformed 

some of the tribal islands of poverty into island of prosperity. Close 

to population centers, we have seen operating successful, diversified business providing health care to the entire membership. In 

other places, it hasn’t been so good. Where we see tribal members 

addicted to something like gaming itself, alcohol, cigarettes, other 

things that go along with it, and thereby neglecting jobs, kids and 

family, it is not healthy. 

As policy makers, we have to decide whether Indian gaming represents a net positive or a net negative. In some places it is a positive and in others, I see it as a negative. We constantly have to ask 

ourselves where and when it is appropriate. 

The purpose of this hearing is to find out whether Ms. Stevens 

understands the competing priorities and how she will address 

them. I want to be sure that we give Indian Country the tools that 

they need to be self-sufficient through self-determination. Sometimes that means gaming. But I also want to make sure that we 

keep our kids and communities safe and clean. 

The National Indian Gaming Commission faces unique challenges. I want to make sure that whoever fills that position knows 

how to reach a fair balance on competing issues. 

Internet gaming, for example, I would like to hear what role you 

think tribes and States have in the growth of that industry. Class 

II gaming is another example, I would like to hear where you draw 

the line between traditional bingo games and full-scale Las Vegas 

slot machines. Off-reservation gaming, when and where do you 

think it is appropriate. 

Finally, I would like to hear your thoughts on using gaming as 

a way to lift the boat in Indian Country. Some tribes have become 

6 

famously wealthy because of it. Others continue to repeat a cycle 

of poverty. How do you think successful gaming tribes can help 

those less fortunate tribes? 

Again, I want to thank you, Mr. Chairman, for holding this hearing. Before I relinquish the mic, I would just like to say, thank you, 

Tracie, for coming to my office and visiting about issues that 

revolve around Indian Country, and gaming in particular. I think 

you are going to do a great job in this position. I look forward to 

supporting your nomination. 

Thank you, Mr. Chairman. 

The CHAIRMAN. Senator Tester, thank you very much. We appreciate that. 

Prior to hearing from Ms. Stevens, we will hear from the Honorable Brian Cladoosby, the Chairman of the Swinomish Tribe of 

Washington, and President of the Affiliated Tribes of the Northwest Indians in Washington State. Mr. Cladoosby, thank you very 

much for being with us. 

STATEMENT OF HON. BRIAN CLADOOSBY, CHAIRMAN, 

SWINOMISH INDIAN TRIBAL COMMUNITY 

Mr. CLADOOSBY. Thank you. Good morning, Chairman Dorgan 

and members of the Committee. 

My traditional name is Speepots. I am Brian Cladoosby, Chairman of the Swinomish Indian Tribal Community. It is my honor to 

appear before you today to introduce Ms. Tracie Stevens as President Barack Obama’s nominee to be the Chair of the National Indian Gaming Commission. 

On behalf of Swinomish and my fellow Washington Tribes, we 

extend our deepest support for Tracie, a respected tribal member, 

who has committed her career to the good of Indian Country and 

the United States of America. We give thanks to her husband, 

Kyle, and daughter, Cierra, for their love and support which is evident throughout her accomplishments as mother, wife and a leader. 

Let me share a little bit about myself. I have served my people 

as Chairman, this is my 14th year. I was just re-elected to our 

Swinomish Senate, starting my 26th year on council. I am also 

privileged to represent my colleagues from Washington State 

Tribes for the past 10 years as President of the Association of 

Washington Tribes, and represent the 57 Pacific Northwest Tribes 

in seven western States, including Alaska, as President of the Affiliated Tribes of Northwest Indians. I am an executive board member of the National Congress of American Indians. Also an executive board member of the Washington Indian Gaming Association, 

as well as a member of the U.S. Environmental Protection Agency’s 

National Environmental Caucus. 

We have some fantastic tribal leaders in Washington State and 

in the Pacific Northwest. I am honored to work with all of them. 

I have had the privilege of knowing Tracie most of my career as 

Chairman, and I hold her in high esteem as a colleague. She is an 

accomplished Native woman who follows the footsteps of many 

strong tribal leaders from her family and community. In her lifetime, there have been challenges that are not uncommon to most 

Indian people, which she has overcome. 

7 

Today she represents the paradigm of a healthy and successful 

Native woman in Indian Country. We are so fortunate to have a 

person of her will and commitment who will embrace the responsibility as Chair of the National Indian Gaming Commission. 

Throughout her career, Ms. Stevens’ many accomplishments have 

benefitted tribes in the Northwest and throughout the Nation. Ms. 

Stevens’ reputation in governmental affairs is well-known and respected by Washington State and our tribes. The 12 years of experience at the various levels of gaming law, policy and in management in Tulalip has provided her the expertise to fulfill the Chair’s 

responsibilities. 

My personal experience working with Ms. Stevens was during 

the time when the Tulalip tribes were negotiating multi-party tribal-State compact amendments. As the lead for Tulalip, she was responsible for not only the oversight and management of the development of policy, but the legislative challenges and the overall protection of tribal interests of all 28 compact tribes. 

During this period of time, working with the tribes, State and 

Federal legislation, she earned the reputation and respect as a 

tough negotiator in critical situations. Tracie was successful in her 

pursuit to make a change in policy that would be acceptable to all 

governing bodies and gained the standing of being trusted by all 

parties. 

Like many of you in leadership positions, our success is often a 

reflection of who we depend upon as colleagues, staff, advisors and 

friends. My predecessor once told me to surround myself with people you can trust and who support you. For governmental affairs 

and Gaming industries, this person was Ms. Stevens. I relied on 

her guidance as an executive board member of the Washington Indian Gaming Association, when she was the Northwest delegate to 

the National Indian Gaming Association, and when she served as 

the Chair of the gaming subcommittee for the Affiliated Tribes of 

Northwest Indians. 

In her role as committee Chair, she was responsible for providing 

the capacity for tribes to address policy and legislative actions, networking and communication and reporting on key local and national issues on gaming. This variety of positions enhanced Ms. 

Stevens’ knowledge on various governmental relationships, agency 

responsibilities, Federal agreements and most importantly, NIGC. 

Tracie’s skills will enhance the NIGC’s ability to make decisions 

that will reflect the stakeholders’ governmental responsibilities and 

provide a cohesive approach in delicate situations. 

We respect the Chair of the National Indian Gaming Commission 

as one of upmost importance. The responsibility of the Chair position will need to not only protect Indian gaming, but will also need 

to ensure gaming regulations are thorough and consistent at all 

levels of the industry. We view the Chair to be one of strong character and have a sound reputation, to ensure that our futures are 

best represented at all times. We cannot afford for a mistake to 

occur as it could be devastating for most tribes. 

For Swinomish, gaming has always been a means to an end, 

rather than an end in itself. Swinomish observes gaming as a sole 

source, in partnership with Federal funding, that supports our governmental services. It is equivalent to your view of taxation. The 

8 

goal of the Swinomish tribal government is to provide the best governmental services it can to its membership. Gaming provides desperately needed funds to support tribal activities and has been the 

answer to many prayers for this community of mine of just about 

900 members living on approximately 10,000 acres of reservation 

land. 

Prior to the advent of gaming, Swinomish leaders struggled to 

provide social services and supported the tribe through Federal 

governmental grants and contracts in a variety of economic endeavors and commercial leases. Funds were limited and the needs were 

great then, as they continue to be now. 

The Swinomish story is heard throughout Indian Country and all 

tribal leaders share a vision for greater things for our people and 

work tirelessly to make a better life for our elders, children and 

grandchildren. I share this with you so you may understand the 

true meaning of what gaming means, not only to our community, 

but to all tribal communities, and how important the role of the 

NIGC Chairman is to the sustainability of our governments. 

With this in mind, let me say this in support of Ms. Stevens. She 

carries the blood line of strong and independent Tulalip women 

who have provided leadership in their lifetimes. I have no doubt in 

my mind that Tracie has the integrity, wisdom and autonomy to 

make strong decisions that respect the responsibilities of the Commission. Her experience and accomplishments in Indian Country 

are vast and widely-known by our governing bodies in the United 

States. 

If confirmed, she will be vigorous in her duties as Chairman of 

the National Indian Gaming Commission, and her actions will ensure that all stakeholders are treated in an equitable manner. 

In conclusion, I would like to read a resolution that was just 

passed at our Affiliated Tribes of Northwest Indians meeting last 

week on Grand Ronde, Oregon: ‘‘Whereas, the Affiliated Tribes of 

Northwest Indians are representatives of and advocates for national, regional and specific tribal concerns, and whereas, ATNI is 

a regional organization comprised of American Indians and Alaska 

Natives in the States of Washington, Idaho, Oregon, Montana, Nevada, Northern California and Alaska, and whereas, the health, 

safety, welfare, education and economic and employment opportunity and preservation of culture and natural resources are primary goals and objectives of ATNI, and whereas, ATNI supports 

the nomination of Tracie Stevens for Chairman of the National Indian Gaming Commission, and whereas, ATNI finds the United 

States and the sovereign nations therein will be well-served by the 

blend of skills and experience Tracie Stevens brings to the position 

of NIGC chairman, and whereas, Tracie Stevens has a record of 

service to Indian Country, beginning as an executive in gaming operations, and later as a senior governmental affairs policy analyst, 

during which time she served her tribe, and whereas, Tracie Stevens served on the board of the Washington Indian Gaming Association from 2002 to 2009 and the National Indian Gaming Association from 2003 to 2009, and whereas, currently Ms. Stevens is senior advisor to the Assistant Secretary of Indian Affairs, and is 

working on an array of issues, such as gaming, law enforcement, 

energy consultation, economic development, land into trust, tribal 

9 

government disputes, budget priorities, treaty and natural resources rights, since her hiring in 2009, and therefore, be it resolved, ATNI unanimously supports President Barack Obama in 

the nomination of Tracie Stevens to serve as the Chairman of the 

NIGC and calls upon the United States Senate for a prompt and 

bipartisan confirmation of that nomination.’’ 

Once again, I thank you for giving me this opportunity to introduce you to Ms. Tracie Stevens, and may the Creator of all bless 

you and your families. Thank you. 

[The prepared statement of Mr. Cladoosby follows:] 

PREPARED STATEMENT OF HON. BRIAN CLADOOSBY, CHAIRMAN, SWINOMISH INDIAN

TRIBAL COMMUNITY

Good Morning Chairman Dorgan and Members of the Committee. My traditional 

name is Speepots, I am Brian Cladoosby, Chairman of the Swinomish Indian Tribal 

Community. It is my honor to appear before you today to introduce Mrs. Tracie Stevens as President Obama’s nominee to be the Chair of the National Indian Gaming 

Commission. On behalf of Swinomish and my fellow Washington Tribes we extend 

our deepest support for Ms. Stevens, a respected tribal member who has committed 

her career to the good of Indian Country and the United States of America. We give 

thanks to her husband Kyle and daughter Cierra, for their love and support which 

is evident throughout her accomplishments as a mother, wife and leader. 

Let me share a little bit about myself. I have served my people as Chairman for 

14 years and have been on our Senate for 26 years. I am also privileged to represent 

my colleagues from Washington tribes for the past 10 years as President of the Association of Washington Tribes and represent the 57 Pacific Northwest Tribes in 

seven western states including Alaska as President of the Affiliated Tribes of Northwest Indians. In my short career I have been an Executive Board member of the 

Washington Indian Gaming Association as well as a member of the US Environmental Protection Agency’s National Environmental Caucus. We have some fantastic tribal leaders in Washington State and in the Pacific Northwest, and I am 

honored to work with all of them. 

I have had the pleasure of knowing Ms. Stevens most of my career as Chairman 

and I hold her in high esteem as a colleague. She is an accomplished native woman 

who follows the footsteps of many strong tribal leaders from her family and community. In her lifetime there have been challenges that are not uncommon to most Indian people, which she has overcome. Today she represents the paradigm of a 

healthy and successful native woman in Indian Country. We are so fortunate to 

have a person of her will and commitment who will embrace the responsibility as 

Chair of the National Indian Gaming Commission. 

Throughout her career, Ms. Stevens’ many accomplishments have benefited tribes 

in the Northwest and throughout the Nation. 

Ms. Stevens’ reputation in governmental affairs is well known and respected by 

Washington State and our Tribes. The 12 years of experience at the various levels 

of gaming law, policy and management in Tulalip has provided her the expertise 

to fulfill the Chair’s responsibilities. My personal experience working with Ms. Stevens was during the time when The Tulalip Tribes were negotiating multi-party 

tribal-state compact amendments. As the lead for Tulalip, she was responsible for 

not only the oversight and management of the development of the policy, but the 

legislative challenges and the overall protection of tribal interests of all 28 compact 

Tribes. During this period of time working with the tribes, state and federal legislation, she earned the reputation and respect as a tough negotiator in critical situations. Ms. Stevens was successful in the pursuit to make a change in policy that 

would be acceptable to all governing bodies and gained the standing of being trusted 

by all parties. 

Like many of you in leadership positions, our success is often a reflection of who 

we depend upon as colleagues, staff, advisors and friends. My successor once told 

me to surround myself by people you can trust and who support you. For governmental affairs and gaming issues, this person was Ms. Stevens. I relied on her guidance when I was Chair of the Washington Indian Gaming Association, when she 

was the Northwest delegate to the National Indian Gaming Association and when 

she served as the Chair of the Gaming Subcommittee for the Affiliated Tribes of 

Northwest Indians. In her role as committee chair, she was responsible for providing the capacity for tribes to address policy and legislative actions, networking 

10 

and communication, and reporting on key local, regional and national issues on 

Gaming. 

This variety of positions enhanced Ms. Stevens’ knowledge on various governmental relationships, agency responsibilities, federal agreements and most importantly, NIGC. Ms. Stevens’ skills will enhance the NIGC’s ability to make decisions 

that will reflect the stakeholder’s governmental responsibilities and provide a cohesive approach in delicate situations. 

We respect the Chair of the National Indian Gaming Commission as one of utmost 

importance. The responsibility of the Chair position will need to not only protect Indian gaming, but will also need to ensure gaming regulations are thorough and consistent at all levels of the industry. We view the Chair to be of a strong character 

and have a sound reputation to ensure that our futures are best represented at all 

times. We cannot afford for a mistake to occur, as it could be devastating for most 

Tribes. 

For Swinomish, gaming has always been a means to an end, rather than an end 

in itself. Swinomish observes gaming as the sole source in partnership with federal 

funding that supports our governmental services; it is equivalent to your views of 

taxation. The goal of the Swinomish tribal government is to provide the best governmental services it can to its membership. Gaming provides desperately needed funds 

to support tribal activities and has been the answer to many prayers for what this 

community of over 800 members living on a 10,000 acre reservation could be. Prior 

to the advent of gaming, Swinomish leaders struggled to provide social services and 

supported the Tribe through Federal government grants and contracts and a variety 

of economic endeavors and commercial leases. Funds were limited and the needs 

were great then, as they continue to be now. The Swinomish story is heard throughout Indian Country and all tribal leaders share a vision for greater things for our 

people and work tirelessly to make a better life for our elders, children and grandchildren. I share this with you so you may understand the true meaning of what 

gaming means not only to our community but to all tribal communities, and how 

important the role of the NIGC Chairman is to the sustainability of our governments. 

With this in mind, let me say this in support of Ms. Stevens. She carries the 

bloodline of strong and independent Tulalip women who have provided leadership 

in their lifetimes. I have no doubt in my mind that Ms. Stevens has the integrity, 

wisdom and autonomy to make strong decisions that respect the responsibilities of 

the Commission. Her experience and accomplishments in Indian Country are vast 

and widely known by our governing bodies in the United States. If confirmed, she 

will be vigorous in her duties as Chairman of the National Indian Gaming Commission and her actions will ensure that all stakeholders are treated in an equitable 

manner. 

Once again I thank you for giving me this opportunity to introduce to you Ms. 

Tracie Stevens. And may the Creator of all bless you and your families. 

The CHAIRMAN. Chairman Cladoosby, thank you very much. 

Now we will hear from Tracie Stevens, who is the nominee. Let 

me just say briefly that she comes from a tribe that has had successful gaming, and the development of a successful resort business 

with a business plan that I know directs revenues toward youth 

programs and programs for members of the tribe and elders. I am 

impressed with what your tribe has done. 

Let me recognize you for an opening statement and if you wish, 

when you begin, you may introduce your family. I have met your 

daughter, I see your daughter behind you there. I had the opportunity to be at a salmon bake, I believe, with Senator Cantwell at 

your tribe, or in the Northwest area. 

Anyway, you may introduce your family. Welcome to you, and 

your entire statement will be made a part of the permanent record. 

You may summarize it. 

11 

STATEMENT OF TRACIE L. STEVENS, NOMINEE TO BE 

CHAIRMAN OF THE NATIONAL INDIAN GAMING COMMISSION 

Ms. STEVENS. Thank you, Chairman Dorgan and members of the 

Committee. I am honored to appear before you today as President 

Obama’s nominee to be the Chairman of the National Indian Gaming Commission. 

With me today are my husband Kyle, to whom I have been happily married for 16 years and our beautiful 11 year old daughter, 

Cierra, who has been a constant source of joy for both of us. 

The CHAIRMAN. Welcome to both of you. 

Ms. STEVENS. It is their never-ending support and sacrifices that 

have made it possible for me to be here today. 

I would also recognize members of my own tribal leadership from 

Tulalip who are here today: Business Committee Chairman Glen 

Gobin and Quil City Village Manager and Washington State 38th 

District House Representative John McCoy. These leaders and so 

many others back home, like Chairman Cladoosby, provided constant encouragement without which I might not be here. So I 

thank them for their continued support today. 

I am a member of the Tulalip Tribes in Washington State, whose 

reservation is located approximately 35 miles north of Seattle. I am 

the youngest of four children. In 1985, I graduated from high 

school in Yakima, Washington. Later, after years of attending college part-time and often at night and while working, I graduated 

from the University of Washington with a bachelor of arts in social 

sciences. I was the first member of my immediate family to graduate from high school and then from college. 

In 1995, I began working in the human resources department in 

my tribe’s gaming facility. In that position, I recruited and hired 

hundreds of employees, not only for the casino but for the tribal 

government as well. My responsibilities expanded later to include 

assisting the 900 plus managers and employees with human resources and personnel matters, like employee training and development, counseling and guidance and disciplinary actions. 

I transferred to the operations side of the casino to work for the 

director of casino operations on management and personnel issues, 

budgeting, regulatory and operational compliance. Eventually, I became the executive director of strategic planning where I worked 

for the chief operations officer and was delegated to work with various department directors on overall regulatory and operational 

compliance, budgeting and current and new facility improvement 

planning. 

In 2002, I transferred to the tribal government to work with the 

Office of Governmental Affairs, where I acted as the intergovernmental liaison, ensuring that the positions of the tribe regarding 

local, State and Federal policy reached the appropriate legislative 

and regulatory officials and bodies. 

I advanced to senior policy analyst, where I was responsible for 

the governmental affairs department personnel, budget and practices. As part of my work in this department, I headed the tribe’s 

initiative to rewrite our gaming ordinance. In this capacity, I directed policy as the legal staff rewrote the tribe’s gaming ordinance 

line by line. 

12 

This effort included working with our gaming regulators and operators, as well as using the NIGC’s ordinance checklist to ensure 

that we produced a comprehensive ordinance that protected and 

safeguarded the operation thoroughly and complied with all applicable requirements. 

I also represented my tribe in a 28-tribe compact amendment negotiation with the State of Washington. I worked with my council 

to develop policy direction and asserted those positions in the negotiation. I also directed legal staff to ensure that the final compact 

language represented the tribe’s interest. Part of this negotiation 

included writing Class III internal control standards, in collaboration with State and tribal regulators, testing labs, manufacturers, 

other small and large tribal operators and their attorneys. 

This was no small task. It took two years from start to finish, 

from the first tribal discussion among all Washington tribes to the 

final Interior approval. 

Another aspect of my work on behalf of Tulalip was serving on 

various regional and national organizations. I served on the board 

of the Washington Indian Gaming Association, was the Northwest 

delegate to the National Indian Gaming Association and served as 

the Chair of the Gaming Subcommittee for the Affiliated Tribes of 

Northwest Indians. These experiences with various organizations 

allowed me to establish working relationships with tribes across 

the Country, helping me to understand the larger impact of policies 

upon tribes outside my own. 

But more importantly, serving on these organizations furthered 

my experience in working with tribes with varying and often differing cultures, traditions, priorities and positions. My experience 

working in one of the three largest tribal gaming operations in the 

Northwest, as well as for our tribal government, has afforded me 

the opportunity to learn where and how policy intersects with realtime practices. 

The work I did for my tribe required me to become knowledgeable of the application of the full range of Federal, State and tribal 

laws and regulations that apply to Indian gaming and Indian tribes 

in general. Further, as a result of my experience working with 

large stakeholder groups, I have developed skills at working collaboratively to find the best solution, even when there are competing interests. 

The Tulalip Council has and continues to praise me for walking 

in both words, for which I am grateful. Walking in both worlds is 

a phrase that is used in Indian Country to refer to the ability to 

not only work in a tribal context, but to function in the broader 

non-Indian world. I think this phrase could also be used in a different way that is relevant to the position for which I am nominated, to describe an ability to cross the divide between gaming operations and broader policy. I think this ability has served me well. 

Most recently, I have served as advisor to the Assistant Secretary for Indian Affairs at the Department of Interior, and if confirmed, I will bring all of these experiences and skills to the position of Chairman. Working at my tribe’s gaming facility, and also 

for my tribal government and at the Department of Interior has reinforced my commitment to safeguarding Indian gaming. Tribes as 

13 

primary regulators are doing a good job. And if confirmed, I look 

forward to working with them. 

While I have a history and background in working with tribes, 

and I bring with me my tribe’s tradition of collaboration first, let 

me be clear. I commit to upholding the statutory authority and responsibilities of this position to oversee the regulation of Indian 

gaming, and where appropriate, take enforcement action. If confirmed, I will work to ensure that tribes achieve and maintain compliance with all applicable statutes and regulations under the 

NIGC’s authority. 

Indian gaming has provided a much-needed economic boost, as 

Chairman Dorgan demonstrated, whether in the form of revenue 

for services or simply in jobs, it has made a difference. And that 

is why thorough and consistent regulation at all levels of this industry is so vitally important. If confirmed, I commit to you, Mr. 

Chairman and members of this Committee, I will work to make 

that happen. 

It is truly an honor and a privilege to be considered for this position. Thank you again, Mr. Chairman, for the opportunity to testify 

before you today. I would be happy to answer any of your questions. 

[The prepared statement and biographical information of Ms. 

Stevens follow:] 

PREPARED STATEMENT OF TRACIE L. STEVENS, NOMINEE TO BE CHAIRMAN OF THE

NATIONAL INDIAN GAMING COMMISSION

Thank you, Chairman Dorgan and Members of the Committee. I am honored to 

appear before you today as President Obama’s nominee to be the Chairman of the 

National Indian Gaming Commission. With me today are my husband Kyle, to 

whom I have been happily married for 16 years, and our beautiful 11 year old 

daughter, Cierra, who has been a constant source of joy for both of us. It is their 

never-ending support and sacrifices that have made it possible for me to be here 

today. 

I would also like to recognize members of my own tribal leadership from Tulalip 

who are here today: Business Committee Chairman Glen Gobin and Quil Ceda Village Manager and Washington State 38th District House Representative John 

McCoy. These leaders and so many others back home, like Chairman Cladoosby, 

provided constant encouragement without which I might not be here. So I thank 

them for their continued support today. 

I am member of the Tulalip Tribes in Washington State, whose reservation is located approximately 35 miles north of Seattle, Washington. The Tulalips are the 

people of the salmon and successors in interest to the Snohomish, Snoqualmie, 

Skykomish and other allied tribes and bands signatory to the 1855 Treaty of Point 

Elliott. My family is Snohomish. My great-grandmother was Sara Charlie-Sheldon, 

my grandmother is Katie Gates, who is going strong at a mere 97 years old, and 

my mother is Vi who instilled in me a very strong work ethic. I am proud to say 

that I come from a long line of strong, independent women who committed their 

lives to serving their families and their communities, and I am grateful to them all 

for their teachings that have led me here to stand before you today. 

I am the youngest of four children. I was born in Los Angeles, California, shortly 

after my father left the military. Eventually, my mother, my three siblings and I 

returned to Tulalip. I attended public school at and near Tulalip in early childhood 

and then later, we moved to areas where employment opportunities for my mother 

were more plentiful. In 1985, I graduated from high school in Yakima, Washington. 

I was the first member of my immediate family to graduate from high school. 

Shortly thereafter, I returned to the Tulalip area where I attended community college but as for many young people, the need for an income prevented me from pursuing full-time studies. After years of attending college part-time, often at night and 

while working, I graduated from the University of Washington with a Bachelor of 

Arts in Social Sciences. I was the first member of my immediate family to graduate 

from college. 

14 

In 1995, I began working in the Human Resources department at my tribe’s gaming facility. In that position, I recruited and hired hundreds of employees not only 

for the Casino but for the tribal government as well. My responsibilities expanded 

later to include assisting the 900+ managers and employees with human resource 

and personnel matters like employee training and development, counseling and 

guidance, and disciplinary actions. 

I transferred to the Operations side of the Casino to work for the Director of Casino Operations on management and personnel issues, budgeting, regulatory and 

operational compliance. Eventually I became the Executive Director of Strategic 

Planning where I worked for the Chief Operations Officer and was delegated to 

work with various department directors on overall regulatory and operational compliance, budgeting, and current and new facility improvement planning. 

In 2002, I transferred to the Tribal Government to work in the office of Governmental Affairs where I acted as an intergovernmental liaison, ensuring that the positions of the Tribe regarding local, state and federal policy reached the appropriate 

legislative and regulatory officials and bodies. I advanced to Senior Legislative Policy Analyst where I was responsible for the Governmental Affairs department personnel, budget and practices. As part of my work in this department, I headed the 

tribe’s initiative to rewrite our gaming ordinance. In this capacity, I directed policy 

as the legal staff rewrote the tribe’s gaming ordinance line by line. This effort included working with our gaming operators and regulators as well as using the 

NIGC’s ordinance checklist to ensure that we produced a comprehensive ordinance 

that protected and safeguarded the operation thoroughly and complied with all applicable requirements. 

I also represented my tribe in a 28 tribe compact amendment negotiation with the 

State of Washington. I worked with my council to develop policy direction and asserted those positions in the negotiation. I also directed legal staff to ensure that 

the final compact language represented the tribe’s interest. Part of this negotiation 

included writing Class III internal control standards in collaboration with State and 

tribal regulators, testing labs, manufacturers, other small and large tribal operators 

and their attorneys. This was no small task. It took 2 years from start to finish: 

from the first tribal discussion among all Washington tribes to final Interior approval. 

Another aspect of my work on behalf of Tulalip was serving on the various regional and national tribal organizations. I served on board of the Washington Indian 

Gaming Association, was the Northwest delegate to the National Indian Gaming Association and served as the Chair of the Gaming Subcommittee for the Affiliated 

Tribes of Northwest Indians. These experiences with various organizations allowed 

me to establish working relationships with tribes across the country, helping me to 

understand the larger impact of policies upon tribes outside my own. But more importantly, serving on these organizations furthered my experience in working with 

tribes with varying and often differing cultures, traditions, priorities, and positions. 

It helped to bolster my skills in consensus building and bridging differences. 

My experience working in one of the three largest tribal gaming operations in the 

Northwest, as well as for a tribal government, has afforded me the opportunity to 

learn where and how policy intersects with real-time practice. The work I did for 

my tribe required me to become knowledgeable of the application of the full range 

of Federal, State, and tribal laws and regulations that apply to Indian gaming and 

Indian tribes in general. Further, as a result of my experience working with large 

stakeholder groups, I have developed skills at working collaboratively to find the 

best solution even where there are competing interests. 

In addition to having worked since 1995 as a professional at various levels of Indian gaming operations, working at the intersection of the regulatory world, as I 

have just described, I would tell you that there is no better preparation for a grueling position in which an individual is caught between competing interests than 

standing before of the Tulalip council. I have on occasion been required to justify 

my opinions before the Council with careful reasons and strong arguments. The 

Tulalip council can be a tough audience, but they have and continue to praise me 

for walking in both worlds, for which I am grateful. 

Walking in both worlds is a phrase that is used in Indian country to refer to the 

ability to work not only in the tribal context but to function as well in the broader, 

non-Indian world. I think this phrase could also be used in a different way that is 

relevant to the position for which I am nominated, to describe an ability to cross 

the divide between gaming operations and broader policy. I think that this ability 

has served me well. Most recently I have served as an advisor to the Assistant Secretary for Indian Affairs at the Department of the Interior. If confirmed, I will bring 

all these experiences and skills to the position of Chairman. 

15 

Working at my tribe’s gaming facility and also for my tribal government and at 

the Department of the Interior has reinforced my commitment to safeguarding Indian gaming. Tribes as primary regulators are doing a good job and if confirmed, 

I look forward to working with them. And while I have a history and background 

in working with tribes and I bring with me my tribe’s tradition of collaboration first, 

let me be clear: I commit to upholding the statutory authority and responsibilities 

of this position to oversee the regulation of Indian Gaming and where appropriate, 

to take enforcement action. If confirmed, I will work to ensure that Tribes achieve 

and maintain compliance with all applicable statutes and regulations under the 

NIGC’s authority. Indian gaming has provided a much-needed economic boost 

whether in the form of revenue for services to communities or jobs; it has made a 

difference. And that is why thorough and consistent regulation at all levels of this 

industry is so vitally important. If confirmed, I commit to you, Mr. Chairman and 

Members of the Committee, I will work to make that happen. 

It is truly an honor and privilege to be considered for this position. Thank you, 

Mr. Chairman, for the opportunity to testify before you today. I will be happy to 

respond to your questions. 


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The CHAIRMAN. Ms. Stevens, thank you for your testimony. As I 

indicated at the outset, I intend to support your nomination. I 

think the President has chosen wisely and I would expect and hope 


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27 

that your nomination will be able to clear this Committee and the 

Senate very soon. 

We have operated without a Chairman at the NIGC for some 

while. That doesn’t make much sense to me. We need strong leadership and someone in that position. 

Let me say to you, there are a number of controversial issues. 

Although we on this Committee have not held hearings on them recently, because we have focused especially on getting the Indian 

Health Care Improvement Act done, we have focused especially on 

the issue of tribal law enforcement bill, we are working on a number of those things. Doesn’t mean the other things are not an issue 

and that we will not turn to them. I believe we must at some point. 

When the Indian Gaming Regulatory Act was enacted in 1988, 

Indian gaming was $200 million a year. Two hundred million dollars a year. Now it is $27 billion annually, and 80 percent of the 

revenue is generated through Class III gaming, that is, what people traditionally refer to as Las Vegas style gaming. 

In 2006, as you recall, the Federal Courts in the Colorado River 

Indian Tribes case held that the Commission does not have the authority to issue minimum internal control standards for Class III 

gaming. I know that former Chairman Hogen felt very strongly, we 

held hearings, I have previously supported efforts to give the Commission that authority. We have not yet done that. 

But tell me your assessment of that case and what you believe 

should be the response, if any, by Congress to the Colorado River 

case? 

Ms. STEVENS. Thank you, Chairman Dorgan, for your question. 

First of all, I want to thank you for paying so much attention to 

issues like health care and law enforcement. Those are incredibly 

important issues in Indian Country. I do understand that the Colorado River Indian Tribe decision is very important. And it has 

raised a lot of concerns about Class III regulatory authority of the 

NIGC. 

What I would first say is that it is important to distinguish between tribes and States that have really good, as you mentioned 

earlier, Class III regulatory oversight in their compacts. I come 

from a State, Washington, that has an extremely well-established, 

long-standing Class III framework for regulatory oversight that is 

shared between the tribes and the State. 

However, I do understand that there are tribal-State compacts 

that don’t have as robust a system as we do. I think that it is 

something to be concerned about. We want to make sure that this 

particular industry, as you mentioned, that has been so helpful to 

Indian Country, is protected at all levels. 

In the face of the Colorado River Indian Tribe decision, I think 

what has been happening with the NIGC is that they have been 

reaching out to the tribes and the States in those areas. If I am 

confirmed, I would continue to do that. In the absence of legislation, I think that is what the NIGC has to do. 

I am a believer in working together, as I mentioned in my opening statement. There are ways to work at all three levels and coordinate and collaborate so that we can protect this industry and 

maintain its integrity. 

28 

The CHAIRMAN. Ms. Stevens, what is your notion, if you have 

one, of off-reservation gaming? There is a lot of discussion about 

that. I have fairly strong views about off-reservation gaming. Every 

Indian tribe that is not near a population center would very much 

like to buy some land, take it into trust and put a casino or some 

sort of gaming facility near a major population center. It is called 

off-reservation gaming. 

There have been guidances by the Interior Department, talking 

about a commutable distance test and some historical relationship 

to the land that is sought and so on. Tell me your impression about 

off-reservation gaming. 

Ms. STEVENS. Thank you, Senator Dorgan, for that question. 

It is a contentious issue. Off-reservation gaming, as is my understanding, has occurred in very few numbers, historically, over the 

past 21 plus years. However, I do realize it is a contentious issue. 

I would say that the authorities for land into trust and off-reservation parcels are under the purview of the Secretary of Interior. 

And NIGC’s authority is very limited if it exists at all in this area. 

However, I do realize that it is a contentious issue and there is a 

lot of discussion and has been a lot of discussion about it to date. 

The CHAIRMAN. And there will be more, I am sure. I expect that 

you will be involved in that in some peripheral way. 

So, someone might say, number one, you are not old, number 

two, you don’t have 35 years of experience, 40 years of experience, 

number three, you are not a lawyer, number four, you used to work 

in the Indian gaming industry. So those four things, they would 

say, that is probably not the strongest candidate. Give me your response to that. 

Ms. STEVENS. Thank you, Senator Dorgan. I am actually older 

than I look. 

[Laughter.] 

The CHAIRMAN. By the way, I don’t necessarily think it is an 

asset to be old. 

[Laughter.] 

The CHAIRMAN. I think bringing new blood and reasonably 

young, interesting people with new ideas into these agencies is an 

asset. But I am just saying that some people will look at you and 

say, you are not a lawyer, you don’t have 40 years’ experience and 

background and so how can you do this job. 

Ms. STEVENS. Who are you and how did you get in here? 

The CHAIRMAN. Right. 

Ms. STEVENS. What I would say, and for the reasons that you actually illuminated, I do come from Indian Country and I do come 

from an operational standpoint. I have practical experience where 

I can stand at the intersection of where policy has to be implemented, policies and regulations have to be implemented on the 

ground, from a practical standpoint. I know what it is like to receive regulations and comply. 

I also know what it is like to be a part of that process when regulations and policies are being made. I think that is a unique perspective that I can bring to this. 

And in terms of being an attorney, what I would say in looking 

back, I can understand in the beginning with IGRA first establishing the Commission, historically the chairmen have all been atVerDate Nov 24 2008 13:24 Jan 18, 2011 Jkt 061826 PO 00000 Frm 00032 Fmt 6633 Sfmt 6601 S:\DOCS\61826.TXT JACK PsN: JACKF
29 

torneys. And that was necessary as they were building the framework and the foundation for the Commission and as the industry 

was maturing. 

But 21 plus years later, it is a mature industry, as you demonstrated with the numbers of revenue that is coming in from Indian gaming. Tribes have become experts in operations. They have 

become experts in regulation, as the primary regulators on a day 

to day basis. Consequently, the Commission has become mature 

and has adapted and has really become a robust Commission. And 

what is in need today, I see that we have two new commissioners, 

this is an entirely new Commission right now. 

What this position needs is leadership. The Commission does 

have legal experts that do provide analysis and advice to the Commission and to the Chair. But I think what needs to happen here 

is leadership. And leadership is about managing people, managing 

strategic direction and building relationships. I can do all of those 

things. I come from the areas where that happens. 

The CHAIRMAN. Before I call on Senator Cantwell and Senator 

Franken, let me just mention to you that whether it is an oil spill 

in the Gulf of Mexico that is devastating, or a near-collapse or collapse of the biggest investment banks in the Country, the need for 

effective, tough, no-nonsense regulation in a range of areas is critical. It is also critical in Indian gaming. Because this $27 billion 

industry is very important to Indian tribes. 

But you and I know what will happen if, because there is any 

lax oversight or regulatory response, if we have some areas in Indian gaming that blow up because there wasn’t effective State regulatory authority and because the Commission didn’t have the 

reach on Class III and so on, it is going to tarnish and hurt the 

entire industry. That is why it is so important for us to have effective regulatory authority and for the NIGC to work the way it is 

intended and expected to work. 

Having said that, I am supportive of your nomination. I want you 

to get through the Senate as quickly as we can, get you in that office. And I want you to do a good job, and I am sure you will. 

Senator Cantwell? 

Senator CANTWELL. Thank you, Mr. Chairman, and thank you 

for reminding me that you have been to the Tulalip Reservation, 

or pretty close thereby. So you know the proximity to Seattle, and 

yet the economic development that has occurred in that region. 

Ms. Stevens, I wanted to ask you about, obviously the National 

Indian Gaming Commission’s most recent compliance report that 

indicated confidence that gaming tribes regulated by NIGC are 

maintaining a strong record of compliance. But the report also indicates that some tribes are failing to meet the regulatory deadlines. 

Are you willing to use enforcement authorities you have at your 

disposal in order to ensure the tribes remain, stay on top of this 

process? 

Ms. STEVENS. Thank you, Senator Cantwell, for your question. 

As I said in my statement, I have made it clear that I will take 

enforcement action where appropriate and if necessary. As you 

know, my tribe is a very collaborative tribe and we have a background of collaboration. I hope that we can work through technical 

assistance and try to preempt and prevent some of these late auVerDate Nov 24 2008 13:24 Jan 18, 2011 Jkt 061826 PO 00000 Frm 00033 Fmt 6633 Sfmt 6601 S:\DOCS\61826.TXT JACK PsN: JACKF
30 

dits, some of these findings that came out in that report. But, in 

the face of a willfully non-compliant tribe, I have no problem taking enforcement actions, if confirmed. 

Senator CANTWELL. Thank you. How do you plan to provide leadership? You mentioned the issue of collaboration. Obviously, with 

the departure of Ms. Coleman, it will leave the Commission without a top lawyer and one of your key staff people. I know you said 

you did lots of hiring at the Tulalip, hundreds of people. How do 

you plan on filling key positions in the agency there to make sure 

that we are fully staffed? 

Ms. STEVENS. Thank you, Senator Cantwell. If confirmed, we 

know that Ms. Coleman is retiring. So we will have this position 

to fill. But it has been an acting position for some time now. And 

I would commit to this Committee that the NIGC would hire a permanent, full-time general counsel who has the knowledge, skills 

and experience necessary to fulfill their duties as the attorney for 

the Commission. I think there are plenty of qualified folks out 

there that can fill that job. 

There are other key positions, too, there. As I said, and Chairman Cladoosby said it, too, I have a lot of experience, as you noted, 

in hiring folks and recruiting. This is a new era, this is a great 

time to bring in new blood. It is a good time to bring in out of the 

box thinkers and problem solvers. As Chairman Dorgan said, folks 

basically who roll up their sleeves. I think, if confirmed, we can 

find those folks. 

But also surrounding that, I think the key to good management 

is surrounding yourself with good, qualified people that have the 

same team objective that you do. So I am confident that we could 

find a permanent general counsel and key staff. 

Senator CANTWELL. You spent the last year working with Assistant Secretary Echo Hawk’s office. So I am sure you have become 

not only familiar with the experience you have had in the Northwest, but many tribal operations across the Country. And so that 

will be helpful to you. You have two new commissioners who have 

been appointed, Steffani Cochran from New Mexico and Daniel Little from Massachusetts. 

So you have a pretty new team. How do you plan to reach out 

on those issues of compliance and reaching out to Indian Country, 

so as you say, you have more cooperation in advance, so that you 

don’t have to use the enforcement mechanisms? 

Ms. STEVENS. Thank you, Senator. Actually, I know the two new 

commissioners, and if confirmed, I am looking forward to working 

with them. I think they bring a lot to the table. It is not a dictatorship. To some extent there are powers and authorities that are only 

with the Chairman. But if confirmed, I look forward to working 

with the new commissioners to really just brainstorm on how we 

can tackle some of these issues, like the report, or issues about 

Class III regulatory authority, technical assistance, so that we can 

preempt some of this. 

Steffani and Dan are well-experienced individuals, whose hearts 

are in the right place for Indian Country. I would commit to you 

and to this Committee, if I am confirmed, that it would be a very 

collaborative approach among the commissioners and working with 

31 

tribes to see where we can fill gaps that will ensure the integrity 

of the operations and protect Indian gaming. 

Senator CANTWELL. Thank you. Thank you, Mr. Chairman. 

The CHAIRMAN. Senator Franken? 

STATEMENT OF HON. AL FRANKEN, 

U.S. SENATOR FROM MINNESOTA 

Senator FRANKEN. Thank you, Mr. Chairman. 

Ms. Stevens, we met yesterday in my office. I was very impressed. I don’t have a lot of questions. 

One thing we talked about is I have 11 tribes in my State. All 

of them have gaming in varying degrees. We have major casinos 

like in many States where they are close to population centers, the 

Shakopee, Mille Lacs, Prairie Island. And then the other tribes are 

farther away from population centers and have smaller operations 

and less lucrative operations and tend to be poorer for it. 

These are all sovereign entities. So I know there is nothing that 

can be done on a basis other than voluntarily asking these tribes. 

But do you have any thoughts about sort of the distribution of 

these revenues, where some tribes are located very close to a metropolitan center and they may be a small tribe? So per member of 

a tribe they are doing very well, whereas other tribes in the same 

State really are having tremendous difficulties? 

Ms. STEVENS. Thank you, Senator. I do recognize, and I recall 

talking to you about this yesterday, there are really circumstances, 

due to just the demographics of where a tribe is located, and oftentimes that is not in a very populated area, that change the outcome 

of whether they have a casino or not. You mentioned to me that 

you have a tribe in your area that is very generous, Shakopees, in 

sharing their revenue. And as you stated, the NIGC has limited 

any authority on how tribes can distribute their revenues. 

However, I also come from a State where we built a mechanism 

into our compacting system where the tribes, and I was talking to 

Senator Tester about this yesterday, that the way that we share 

in the state of Washington, we look at examples, like with Minnesota Shakopee, where tribes that are not in a demographically 

favorable area lease machines to the ones that are, like with my 

tribe. And that is one way for tribes to gain from gaming revenue 

and not have to struggle to have an operation that demographically 

would not be successful. 

But I certainly recognizes that there is a divide between tribes 

that have very successful gaming operations and those that don’t. 

Certainly I personally encourage tribes to work with other tribes 

to see how they might be able to assist others. 

Senator FRANKEN. Just as part of the culture. Now, Senator 

Cantwell was talking about some of the tribes who run casinos 

being slow to respond to you. In talking to some of the Minnesota 

tribes, one thing I have heard about the NIGC is that it is very 

slow, the process, decisions. And this makes it challenging for the 

tribes to make time-sensitive business decisions. If confirmed, will 

you expedite response time at NIGC? 

Ms. STEVENS. Senator, thank you for your question. Yes, I would 

look into what are the practices. I think as a manager, when you 

first come in, you take a look around and you see what everybody’s 

32 

doing. And you look at the objectives and see if they are matching 

up. And really, I am not a bureaucrat. I am new to the area. So 

I 

Senator FRANKEN. Shame on you. 

[Laughter.] 

Ms. STEVENS. But I have very little patience, as people who have 

worked with me know. But I certainly will be fair and firm with 

the staff, but I really agree that processes should be expedited. But 

we certainly don’t want to compromise the integrity of the regulatory oversight. But I would commit to you that I would look into 

that and see what we can do about expediting some of the decisions 

that come out of NIGC. 

Senator FRANKEN. Thank you. 

And because my time is running out, just very quickly, you are 

also, if you are not a bureaucrat, you are also not a lawyer, working in a largely lawyer-driven area. Maybe I am biased, I happen 

to think that might be a strength. I am on the Judiciary Committee, I am not a lawyer. 

Can you speak to how your background as someone who really 

operated a casino speaks to your ability to regulate casinos and 

working in the gaming industry? 

Ms. STEVENS. Thank you, Senator. 

It is helpful to have a legal background. I don’t think that it is 

necessary, and I would agree with you. I am inclined to make a 

joke to say that I am smart enough, people like me. 

Senator FRANKEN. I don’t get it. 

[Laughter.] 

Ms. STEVENS. But all joking aside, I come from a background 

where, like I said, it is like building a house. It is one thing to 

make the plans and write them up, it is another thing of the builder to build it. It is another thing for the guy that has to permit to 

permit it, and it is usually someone who has some sort of legal 

background, engineering background. Then someone has to live in 

it. 

I have a very practical sort of experience, I live in the operations. 

I know what it is like to have regulations and policies handed down 

to me and to implement them. I have that perspective, to say, that 

won’t work, we have to find another way to do this. And that is 

what I guess I would say to you in regard to that. While I am not 

an attorney, I would rely on the advice and analysis of the permanent general counsel that I would, if confirmed, would seek and 

hire. 

But I am confident I can do the job. It is more about leadership 

at this point in time than it is about being an attorney. I think that 

for the NIGC, it is a new day. It is time for some new leadership. 

I think I can provide that, if confirmed. 

Senator FRANKEN. I think you can, too. Thank you, Ms. Stevens, 

and congratulations on your confirmation. 

Ms. STEVENS. 

The CHAIRMAN. Senator Cantwell, did you have anything further? 

Senator CANTWELL. No, thank you, Mr. Chairman. 

The CHAIRMAN. All right. 

33 

Ms. Stevens, we will be sending you some additional questions. 

And then it will be my intent to, at the next business meeting, 

have your nomination on the calendar for the business meeting. We 

would hope to see you as Chairman of the National Indian Gaming 

Commission at some future hearing. 

We appreciate your being here today. We thank you for introducing your family to us. And we will, as I said, be sending additional questions and hope to move this nomination very quickly. 

Ms. STEVENS. Thank you, sir. 

The CHAIRMAN. Thank you. 

This hearing is adjourned. 

[Whereupon, at 11:00 a.m., the Committee was adjourned.] 

(35) 

A P P E N D I X 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. BYRON L. DORGAN TO

TRACIE L. STEVENS

Question 1. Commission Regulations and Consultation. In recent years, the Committee has heard from Tribes that consultations with the National Indian Gaming 

Commission were not ‘‘meaningful.’’ In your view, what is ‘‘meaningful’’ consultation 

with tribal governments? If confirmed, how will you consult with tribes while still 

allowing the Commission to fulfill its regulatory obligations? 

Answer. I believe that the National Indian Gaming Commission should carry out 

its mission consistent with President Obama’s commitment to Indian Country to reinvigorate the government-to-government relationship with tribes, which includes a 

commitment to meaningful tribal consultation under Executive Order 13175. Meaningful consultation is rooted in the United States trust responsibility to tribes and 

reflects the attitude that tribes, as sovereigns, have something valuable to contribute and requires good faith on the part of the Commission. Because the Commission also has a role to play in fulfilling this trust responsibility, the Commission 

must seriously consider and address input or concerns when making decisions that 

affect tribes and tribal gaming. Tribal feedback can provide valuable insights regarding how a proposed regulation or policy might function on the ground. 

Meaningful consultation does not mean that the government should ever abandon 

or compromise its important missions or that tribes are given a de facto veto over 

proposed new policies. Instead, through meaningful government-to-government consultation the NIGC will be able to make well-informed, fully considered decisions. 

Question 2. Class II Gaming (Bingo, and games similar to bingo). In recent years, 

the Commission has sought to establish a ‘‘bright line’’ between class II electronic 

bingo games and class III slot machines. The proposed regulations were controversial with mixed reviews from both tribes and states. In 2006, you testified before 

the National Indian Gaming Commission against these regulations. Can you explain 

your testimony in 2006, and discuss whether your position will change if you are 

confirmed as Chairman of the Commission? Do you believe that the NIGC has the 

legal authority to issue regulations that redefine Class II and Class III games? 

Answer. At that NIGC hearing in 2006 I represented my Tribe’s position—and not 

my personal position—by delivering my Chairman’s testimony in his absence. 

Tulalip was opposed to that particular draft of Classification standards due to the 

effects of reclassifying machines in use at that time. The Commission eventually 

withdrew the proposed regulation, in the face of widespread tribal opposition, and 

in favor of Technical Standards. 

The Commission has the authority to regulate Class II gaming, including adopting 

regulations to clearly define Class II gaming. I know that several federal courts 

have interpreted the statutory definition of Class II games under the Indian Gaming 

Regulatory Act, thus it is important that any regulatory definitions be consistent 

with established judicial interpretations of the authority that Congress has provided. 

Question 3. Surplus Budget. We understand that the Commission has run a $10 

million to $12 million surplus in recent years. As you know, the Commission’s budget is funded entirely from fees collected from tribal governments. A number of tribes 

believed that this amount was excessive, and that it should be returned. Do you believe the Commission needs a surplus, and if so, what amount do you think is reasonable? 

Answer. While I am aware that the NIGC’s budget is funded through fees collected from tribal gaming enterprises, I am not sufficiently familiar with the NIGC’s 

budgeting practices or process to assess whether a budget surplus is needed. If confirmed, I would examine this process, and consult with the tribes that pay these 

fees, to assess what actions, if any, might need to be taken. 

36 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN BARRASSO TO

TRACIE L. STEVENS

Question 1. Role of Law Enforcement in Indian Gaming. In 2007, the Department 

of Justice charged 19 defendants related to an alleged racketeering enterprise and 

a scheme to cheat Indian casinos across the country out of millions of dollars. 

I noticed that you did not include law enforcement as a stakeholder in the work 

of the NIGC. What is your position on law enforcement as it pertains to Indian gaming? 

Answer. Law enforcement is an essential part of fulfilling Congress’ goal of protecting Indian gaming. The role of the NIGC is to ensure that Indian gaming takes 

place in accordance with applicable civil laws and regulations. IGRA also reconfirms 

the role of the Department of Justice in enforcing criminal laws. Criminal law enforcement ranges from prosecuting individuals who are committing federal crimes 

against a tribal gaming enterprise to bringing action against the tribes for violations 

of federal criminal laws. If the NIGC finds information indicating a violation of federal, state, or tribal law, it provides what it has found to the appropriate law enforcement agencies. 

Question 2. Will you work closely with the Department of Justice to ensure that 

the regulations adopted by the Commission will be enforced? If so, please explain 

how you intend to do that. What will you do to emphasize coordinated efforts between tribal, State, and federal investigators to identify and prosecute violations of 

federal law relating to Indian gaming? 

Answer. I understand the importance of ensuring that tribal gaming remains free 

of criminal activity. Therefore, if confirmed, I will work with the Department of Justice and with other appropriate federal agencies with law enforcement jurisdiction 

in Indian Country, including the Internal Revenue Service; the Federal Bureau of 

Investigation; and the Department of the Treasury. In addition, and as particular 

matters may require, if confirmed, I will ensure that the NIGC is also working with 

the appropriate state and tribal law enforcement agencies. I am aware that NIGC 

maintains close relationships with these agencies through the Indian Gaming Working Group, an inter-agency entity consisting of federal agencies that work in Indian 

country and tribal law enforcement agencies. If confirmed, I will become more familiar with this process to determine if any additional coordination is needed. 

Question 3. Tribal Consultation. In the biographical information submitted to the 

Committee, you mention that tribal consultation is very important and that the previous Commission did not engage in meaningful consultation with tribes while promulgating proposed regulations. 

Explain what steps or processes you intend to use to engage in tribal consultation. 

Please be specific. 

Answer. I believe that the National Indian Gaming Commission should carry out 

its mission consistent with President Obama’s commitment to Indian Country to reinvigorate the government-to-government relationship with tribes, which includes a 

commitment to meaningful tribal consultation under Executive Order 13175. Meaningful consultation reflects an attitude that tribes, as sovereigns, have something 

valuable to contribute and requires good faith on the part of the NIGC. The Commission must seriously consider and address input or concerns when making decisions that affect tribes and tribal gaming. Tribal feedback can provide valuable insights regarding how a proposed regulation or policy might function on the ground. 

Meaningful consultation does not mean that the government should ever abandon 

or compromise its important missions or that tribes are given a de facto veto over 

proposed new policies. Instead, through meaningful government-to-government consultation the NIGC will be able to make well-informed, fully considered decisions. 

If confirmed, I will examine the existing consultation process at the NIGC and ensure that it is aligned with E.O. 13175 

Question 4. What is your view on the relationship between the NIGC and the Department of Justice regarding consultation? 

Answer. I am aware that there have been instances in the past when the NIGC 

and the Department of Justice have coordinated their consultation efforts. Maintaining the integrity of Indian gaming requires close coordination with the Department 

of Justice. If confirmed, I will explore opportunities to collaborate with the Department of Justice. 

Question 5. NIGC Review of Management Contracts. As you know, the NIGC has 

oversight and authority to approve or disapprove tribal management contracts at 

tribal gaming facilities. What is your opinion on the effectiveness of the management contract review process at the NIGC? What if anything, would you do to 

change it? Is legislation needed? 

37 

Answer. IGRA gives the Chairman the authority to review and approve management contracts for tribal gaming operations. Approval of management contracts is 

one area where the Chairman and the Commission exercise its trust responsibility 

to tribes to ensure the contracts are in the best interest of tribes and consistent with 

IGRA. While this process is controlled by regulations, I am not familiar with the 

specifics of the review process. If confirmed, I look forward to understanding the 

management contracts review process in more detail and will enter into consultation 

with tribes to determine what, if any, changes, including legislative changes, may 

be necessary to make the program more effective. 

Question 6. On December 21, 2009, the Federal District Court for the Western 

District of Wisconsin, in the case of Wells Fargo Bank, N.A., v. Lake of the Torches 

Economic Development Corporation, held that the Trust Indenture agreement, 

which binds the Tribe to pay interest and principal on $46,615,000, is a management contract that was executed without prior approval from the National Indian 

Gaming Commission and that the agreement is void. 

In light of this case, what are your plans for the NIGC to prepare to comply with 

this ruling? Will the NIGC implement a policy to review all financial agreements 

with tribes? If not all agreements, what kinds of agreements do you believe should 

be reviewed? 

Answer. While the NIGC has no affirmative authority to review financial agreements under IGRA, given its role in approving management contracts, the Office of 

General Counsel will, upon request, review financial agreements for tribes and lenders or investors and provide a non-binding opinion on whether certain terms or conditions in the agreement might mean it meets the criteria of a management contract. If a financing agreement is considered a management contract, the Chairman 

will have to approve the agreement for it to be valid. 

Question 7. Do you think the NIGC should have a role in ensuring that tribes are 

required to repay debt before paying its per capita payments? If so, what should 

that role be? 

Answer. The NIGC has a statutory obligation to ensure that gaming revenues are 

used for their permissible purposes. Revenue allocation plans which allow for per 

capita payments are approved by the Assistant Secretary for Indian Affairs, but 

compliance under IGRA is also the responsibility of the Commission. If a tribe is 

not in compliance with these provisions in IGRA, then the NIGC may bring an enforcement action against the tribe. Whether or not a particular tribe is in violation 

of its revenue allocation plan, when it does not repay its debt before issuing per capita payments, has to be evaluated on a case by case basis, as each tribe’s plan is 

different. 

Question 8. NIGC Review of Existing Regulations. In the biographical information 

that you have submitted to the Committee, you mention that if confirmed, you will 

conduct a review of NIGC regulations to determine whether they are appropriate 

and consistent with statutory requirements. 

What process or procedure will you use to undertake this review? 

Answer. Due to the scope of such a review, it is my intention that, if confirmed, 

I would confer with the other commissioners and NIGC staff to determine how best 

to move forward with a comprehensive review of the regulations. I expect that this 

review will include consultation with the tribal nations and their gaming commissions to determine the best approach. If confirmed, this would be one of my first 

objectives. 

Question 9. Based on your knowledge of current regulations, do you think any 

should be reworked or amended? If so, which regulations should be reworked or 

amended and why? 

Answer. Rather than speculate at this time, this question is better answered in 

the context of a comprehensive review. If confirmed, such a review will be one of 

my first objectives. 

Question 10. Do you consider tribal compliance with IGRA and IGRA regulations 

to be a top priority facing the NIGC? 

Answer. I do believe that this is a top priority. Two purposes of the IGRA are; 

to ensure that an Indian tribe with gaming operations is the primary beneficiary 

of those operations and to make certain that gaming is conducted fairly and honestly by both operators and players. Compliance with the Act and the regulations 

is necessary to ensure the continued integrity of gaming. 

Question 11. Loan from Tulalip Tribes. The biographical and financial information 

that you submitted to the Committee notes a $1,000 loan made to you by the 

Tulalip Tribes. Although you have indicated that you will recuse yourself from any 

38 

matters pertaining to the Tulalip Tribes, the NIGC continues to regulate the Tribe, 

which is the lender of the $1,000 loan you have agreed to repay. 

Do you plan to pay off that loan prior to assuming your position as Chairman of 

the NIGC? 

Answer. Yes, I do plan to pay off the loan prior to assuming the position as Chairman, if confirmed. 

Question 12. Revenue Allocation Plans. The Indian Gaming Regulatory Act authorizes the Secretary of the Interior to approve an Indian tribe’s Revenue Allocation Plan to ensure that net gaming revenues are not to be used for purposes other 

than to fund tribal government programs, provide for the general welfare of the 

tribe, promote tribal economic development, donate to charitable organizations, or 

help fund operations of local government agencies. 

What efforts will you make to ensure tribal compliance with IGRA regarding Revenue Allocation Plans? 

Answer. Use of net gaming revenues by tribes is an extremely important issue. 

The use of revenues for the purposes delineated in IGRA ensures that the goals of 

the Act are met–to ensure that tribes, as a whole, are the primary beneficiaries of 

their gaming operations; to encourage tribal self-sufficiency; to promote tribal economic development; and to create strong tribal governments. 

If tribes wish to provide per capita payments to their members, they must have 

a revenue allocation plan approved by the Secretary of the Interior. As a supporter 

of tribal sovereignty and strong tribal governments, if confirmed, I will ensure close 

coordination with the Department of the Interior’s Office of Indian Gaming for 

prompt receipt of approved revenue allocation plans; training and technical assistance to tribes regarding IGRA’s requirements for the use of revenues; and, if necessary, enforcement actions to ensure compliance with federal and tribal gaming ordinances. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JOHN MCCAIN TO

TRACIE L. STEVENS

Question 1. For the record, do you support or oppose amending IGRA to expressly 

provide the NIGC with oversight authority in Class III minimum internal control 

standards (MICS)? 

Answer. I come from a state with a very strong Class III regulatory program and 

so I have seen firsthand how it can work. However, I recognize that some states 

need help and, if confirmed, the NIGC under my leadership will look at this problem 

and identifying steps that can be taken to ensure that there are no regulatory weak 

links. If confirmed, I would welcome the opportunity to work with the Congress and 

Committee to find ways to best balance the role of tribes as the primary regulators 

of their gaming operations and existing Class III state compacts with current federal law governing implementation, enforcement, and oversight. 

Question 2. Some say that a ‘‘CRIT fix’’ isn’t necessary because many tribes have 

voluntarily adopted NIGC’s Class III regulations as guidance. Do you believe existing Class III MICS (although unenforceable) should be relaxed? 

Answer. In order to provide a considered answer to this question I would need 

more information, such as whether voluntary adoption of the regulations as guidance has generally worked, or not. I am told, however, that more than a dozen 

tribes in California have adopted the NIGC’s MICS in their gaming ordinances, thus 

making them binding and enforceable by the NIGC, and that the MICS are incorporated into a number of tribal-state compacts, including those in Oklahoma, Arizona, and North Dakota, and in the Northern Arapaho Tribe’s secretarial procedures. If confirmed as NIGC Chairman, I will assess this issue in more detail. 

Question 3. IGRA prohibits Tribes from using gaming revenues for anything other 

than the following: to fund tribal government agencies; to promote the general welfare of its members; to promote tribal economic development; to help fund operations of local governments; and to donate to charitable organizations. Would you 

support amending IGRA to prohibit gaming revenues from being used to hire federal 

lobbyists, particularly those contracted to influence Indian gaming regulation? 

Answer. The IGRA, at present, allows gaming revenue to be used for tribal governmental operations and those operations may include governmental affairs agencies that interact with other sovereigns, including states, other tribes, and the federal government If confirmed, I will review proposed legislation regarding the usage 

of gaming revenues by tribes, keeping in mind that tribes, like states, are sovereign 

entities. 

39 

Question 4. As a current Interior Department policy advisor, what level of say do 

you think local communities should have in the siting of casinos in their community? Do you support making the process of casino approval more transparent than 

it is today? 

Answer. While the NIGC has no real role in the siting process, I am aware that 

under the Department of the Interior’s trust acquisition regulations the public and 

local communities are notified of such acquisitions and are given an opportunity to 

express their views. In addition, the Department must comply with other federal 

laws, such as the National Environmental Policy Act, which may provide additional 

opportunities for the public and state and local communities to provide input into 

the process. 

Question 5. ‘‘CRIT fix’’ opponents have argued that a Class III MICS aren’t necessary because the Commission still has the authority to approve/disapprove Class 

III management contracts. Unfortunately, IGRA doesn’t clearly define ‘‘management 

contracts.’’ This leaves contracts with ‘‘vendors’’ or so-called ‘‘gaming consultants’’ 

without sufficient federal oversight. Take for example a 2007 case involving Mr. Ivy 

Ong, a man with a prior criminal record who was contracted by the Seminole Nation 

as a gaming consultant and later convicted of bribing tribal gaming officials to increase his cut of gaming revenues. Because Mr. Ong negotiated with the tribe as 

machine vendor, rather than a gaming manager, his contract was not reviewed by 

the NIGC, and Ong did not undergo a background check. The NIGC ultimately fined 

the Nation $11 million in penalties while Ong was only fined $5 million, making 

tribal members the losers here. Would you support amending IGRA to define term 

‘‘management contract’’ ? If not, how would you address this vulnerability and under 

what authority? 

Answer. As I mentioned at the hearing and in the information I submitted to the 

Committee, one of my first objectives, if confirmed, would be to carry out a comprehensive review of the NIGC’s regulations. It is through this process that I would 

gain the information needed to determine what, if any, changes may be necessary 

to make the program more effective. 

Question 6. In your questionnaire, you support using technical assistance in lieu 

of a CRIT Fix to help tribes implement minimum internal control standards (MICS). 

How would you justify spending taxpayer dollars for technical assistance in an area 

that the CRIT decision says NIGC has no business regulating? 

Answer. While the CRIT decision held the NIGC does not have the authority to 

enforce Class III MICS and thus may not use funds to do so; technical assistance 

is a different matter. NIGC has an obligation to ensure Indian gaming is being conducted fairly and training and technical assistance are necessary tools used by the 

Commission. The NIGC is required by statute to provide technical assistance to tribal gaming operations. I believe technical assistance is an appropriate and well spent 

use of NIGC funding, which is derived from fees collected from Indian gaming operations, so long as tribes seek technical assistance in implementing internal controls 

in their gaming operations to protect their revenue. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. TOM COBURN TO

TRACIE L. STEVENS

Question 1. Do you believe that accountability within Indian gaming begins with 

an informed tribal citizenry? If so, do you believe that tribal citizens should be given 

access to some or all data reported to the National Indian Gaming Commission from 

tribal gaming? 

Answer. I strongly believe that transparency is desirable for the operation of any 

public enterprise. Under the IGRA there is no provision requiring transparency by 

tribal members, and by law the NIGC must keep proprietary commercial or financial information confidential and may release such information only to appropriate 

law enforcement agencies. The question of how much information to make available 

to the public is a decision left to the individual tribes. Tribes, as sovereigns, have 

many ways in which they communicate information relating to governmental functions and accountability to their members. 

Question 2. Do you believe that the line between Class II and Class III gaming 

has been appropriately drawn? 

Answer. I believe it is very important that the regulatory environment for Indian 

gaming be as secure as possible. If confirmed, I will review this issue as part of our 

comprehensive review of the regulations. 

Question 3. President Obama promised to conduct ‘‘an immediate and periodic 

public inventory of administrative offices and functions and require agency leaders 

40 

to work together to root out redundancy.’’ When do you plan to start this within 

the National Indian Gaming Commission, and when can we expect you to complete 

it? 

Answer. I am aware of the President’s commitment to put our Nation on a sustainable fiscal path and if confirmed, I will continue to support this objective, keeping in mind that NIGC is self-financing due to fees paid by the gaming industry. 

Question 4. Which programs or initiatives within the National Indian Gaming 

Commission, if any, do you think can be eliminated because they are ineffective, duplicative, unnecessary or have outlived their purpose? 

Answer. I agree that ineffective, duplicative, or unnecessary programs should be 

eliminated. If confirmed, ensuring that the NIGC’s efforts are focused where they 

are needed will be one my first efforts and this will be informed by the review of 

existing regulations that I will carry out, and will include tribal consultation. 

RESPONSE TO WRITTEN QUESTIONS SUBMITTED BY HON. JON TESTER TO

TRACIE L. STEVENS

Question 1. Internet Gaming. Internet gaming is getting a lot of attention lately. 

Where do you stand? Support it? If so, where should tax revenues go? Tribes? 

States? Federal Government? 

Answer. There are any number of reasons to support or to oppose Internet gaming, just as there are with any expansion of gaming. I am aware that several bills 

have been introduced that would legalize Internet gaming. If confirmed, I would 

work with the Office of General Counsel to analyze the legislation and determine 

how it would interact with all other applicable laws and how it could affect NIGC’s 

authorities. 

Question 2. Class II Regulations. For the past few years, regulations on Class II 

gaming have been controversial. Some want to tighten them up. Others want to expand them. What are your thoughts? 

Answer. I believe it is very important that the regulatory environment for Indian 

gaming be as secure as possible. If confirmed, I will include the Class II regulations 

in our comprehensive review of the regulations. 

Question 3. Off-reservation gaming. Some oppose tribal governments purchasing 

land off-reservation, having DOI place it in trust, and then building a casino on it. 

When and where is it appropriate? 

Answer. The Department of the Interior’s Section 151 regulations on trust status 

for off-reservation land are implemented by the Secretary of the Interior. If confirmed as Chairman of the NIGC, I would not be involved in determining when such 

acquisitions might be appropriate. 

Question 4. Indian hiring preference. To what extent has NIGC used an Indian 

preference policy in the past? Do you support? Will you expand its use? 

Answer. If confirmed, I intend to support this policy. I believe it is beneficial in 

fulfilling the purposes of the IGRA. I am aware that the NIGC is in the process of 

developing an Indian preference policy and, if confirmed, I look forward to being 

part of that process. 

Question 5. Consultation. Every issue between the government and Indian Country requires active communication. What are your plans for consultation and communication with tribal leaders as you make decisions at NIGC? 

Answer. I believe that the National Indian Gaming Commission should carry out 

its mission consistent with President Obama’s commitment to Indian Country to reinvigorate the government-to-government relationship with tribes, which includes a 

commitment to meaningful tribal consultation under Executive Order 13175. Meaningful consultation reflects an attitude that tribes, as sovereigns, have something 

valuable to contribute and requires good faith on the part of the NIGC. The Commission must seriously consider and address input or concerns when making decisions that affect tribes and tribal gaming. Tribal feedback can provide valuable insights regarding how a proposed regulation or policy might function on the ground. 

Meaningful consultation does not mean that the government should ever abandon 

or compromise its important missions or that tribes are given a de facto veto over 

proposed new policies. Instead, through meaningful government-to-government consultation the NIGC will be able to make well-informed, fully considered decisions. 

Question 6. Economic Development. What role do you think Indian gaming should 

play in economic development? Particularly on isolated, rural reservations? Does it 

really help, or create more problems associated with addiction? 

Answer. One of the five specific purposes in the IGRA for which gaming revenue 

is to be used is to provide a statutory basis ‘‘for the operation of gaming by Indian 

41 

tribes as a means of promoting tribal economic development, self-sufficiency, and 

strong tribal governments.’’ As I noted in my statement at my confirmation hearing, 

Indian gaming has provided a much-needed economic boost—in the form of revenue 

for community services and jobs—for many tribes. It has allowed some tribes to diversify economically into other industries and businesses. This source of employment is particularly important in isolated, rural reservations, and the revenue generated from Indian gaming operations is used to benefit tribal members through 

governmental programs that provide for the general welfare of Indian tribes and 

their members. 

Question 7. Tribal Revenue Sharing. In my office, we talked about machine allotment/rent. For example, each tribe is entitled to operate X machines. They can either put them in their casino or rent them to other tribes. It sets up the situation 

where rich, urban tribes pay poor, rural tribes to rent the machines they can’t use. 

Please explain how NIGC could make such a program work nationwide. 

Answer. I understand that these types of agreements are possible only through 

the mechanism of tribal-state compacts. NIGC’s ability to implement such a program nationwide is limited by IGRA’s statutory regulatory structure, and would require the active participation and acceptance of each of the individual states where 

Class III slot machine gaming now occurs. 

Question 8. Role as Chairman. Some say this is one of the most thankless jobs 

in DC (and it certainly has stiff competition!). Why do you want it? How do you see 

your role in this job? Reigning in Indian gaming? Expanding it? What do you think 

the past Chairman did right? What did he do wrong? How/why will you do a better 

job? 

Answer. I see a unique opportunity to serve in this Administration working in collaboration with tribes and states to oversee and protect Indian gaming. I believe 

this must be a collective effort among these three regulatory groups. My background 

gives me a unique perspective, informed by an intersection between operations and 

policy. I have on-the-ground experience inside an operation, so I know what it is like 

to implement regulations and policies. I also know the process in which policies and 

regulations are made. In addition, because I come from Indian Country and I have 

experience in a tribal gaming operation, I am committed to the regulation and oversight of Indian Gaming and will be a strong enforcer of the law. In the past, the 

NIGC’s relations with tribes have become strained, which ultimately may have been 

at the cost of effective oversight and efficient regulation. If confirmed, I hope to rebuild these relationships in order to strengthen both the NIGC’s, and the tribes’, 

ability to protect these initiatives that have made a difference for so many Indian 

people and communities. 

Question 9. Experience. Some are concerned about your ‘‘lack of experience’’, because you are not a lawyer. Do you think they have good reason for that concern? 

What is your weak point? Strong point? 

Answer. As I stated at my confirmation hearing, the NIGC has a staff of legal 

experts, and I believe what is needed most is leadership–in managing people, in 

strategic direction, and in building relationships. I believe my background, which 

gives me a unique perspective informed by both operational and practical experience, has prepared me for this opportunity. If confirmed, I will appoint a knowledgeable and experienced individual to be the General Counsel and would consult with 

that individual to advise me and other members of the Commission on the NIGC’s 

legal responsibilities and to ensure compliance with statutes, regulations, executive 

orders and court decisions. 

Æ