BEN SHELLY PRESIDENT

THE NAVAJO NATION REX LEE JIM VICE PRESIDENT

May 24, 2011

National Indian Gaming Commission
ATTN: Kathy Zebell

1441 L Street, NW, Suite 9100
Washington D.C. 20005

RE: Draft National Indian Gaming Commission Government-to-Government
Consultation Policy

Dear Commissioners:

The Navajo Nation is extremely pleased with the draft National Indian Gaming
Commission (“NIGC”) Government-to-Government Consultation Policy. We appreciate
the pro-active role of the NIGC, especially in producing a policy that will maximize
tribal involvement in the Federal decision making. The Nation also concurs’ that
consultation is the “heart” of government to government relations. This Policy. is
exceptional and we hope other federal agencies will adopt similar consultation policies.

The Navajo Nation offers a few comments below:
Il. Consultation General Principles

The Navajo Nation is appreciative of the NIGC truly respecting the sovereignty
of tribes. We fully support Section (F) and (G) which requires the NIGC to defer to
tribes in developing its own standards and consultation with tribes for any Federal

standards.

V. Consultation Process

The Navajo Nation fully supports Section (D) Pre-consultation Event Planning. I
am also appreciative of the NIGC’s understanding of tribe’s limitation in. both resources
and time. Additionally, in Section (E) Consultation Events, we appreciate the NIGC’s: ”
effort to be more transparent.



National Indian Gaming Commission

RE: Draft National Indian Gaming Commission Government-to-Government Consultation Policy
May 24, 2011

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VII. . Communication, Coordination and Collaboration

The Navajo Nation will continue to express concern with NIGC’s proposed
Tribal leader task force or Tribal Advisory group. It has not been clarified in what
circumstances these groups will be utilized and the process for selection of these
individuals. Even in this Consultation Policy the language is very general. The concern
of the Nation is the following language:

“to help inform [NIGC] decision making and gain a better understanding of the
Tribal perspective on a proposed Action”

This means seeking advice from these smaller groups for actions defined in
Section II, B “Action with Tribal Implications”. To have a better understanding of the
“Tribal perspective” is to seek information from all impacted Tribes. I understand these
groups only provide advice. However, NIGC will rely on this advice as a basis in
molding laws, regulations, polices, and legislative actions that will impact tribes. The
Navajo Nation would oppose using smaller groups for certain regulations, rulemaking,
legislation and policy-making.

On the other hand, the Navajo Nation recognizes that while it opposes the Tribal
Advisory group and Tribal Leader Task Force, the NIGC and other tribes find it to be
beneficial. Therefore, the Navajo Nation would strongly recommend that these groups
be used only for technical and complex matters or actions that would require technical
expertise.

Thank you for the opportunity to provide comments. We look forward to
continue to improve our relationship.

Sincerely,

THE NAVAJO NATION

xc: Carleen Chino, Executive Director
Navajo Gaming Regulatory Office