Osage Nation Gaming Commission 

612 Leahy Avenue 

Pawhuska, OK 74056 

Telephone: 918.287.5397 Facsimile: 918.287.3803 

August 16,2013 

COMMENTS OF THE OSAGE NATION ON THE 

NATIONAL INDIAN GAMING COMMISSION'S 

PROPOSED INTERPRETATION OF 25 C.F.R. PART 502 - 

ELECTRONIC ONE TOUCH BINGO SYSTEM JULY 22,2013 

VIA E-mail to reg.review@ni,~c.gov 

Tracie L. Stevens, Chairwoman 

Daniel Little, Associate Commissioner 

National Indian Gaming Commission 

1441 L Street, N.W., Suite 9100 

Washington, D.C. 20005 

Re: Comments on proposed interpretation of 25 C. F.R. Part 502: One Touch Bingo 

Dear Chairwoman Stevens and Commissioner Little: - . . r..--.-. . z . -. .. .. =. - -- -- -- _ ..--. - - -- - .- - -. . -. - 

The Osage Nation ("Nation") submits the following comments to the National Indian Gaming 

Commission (NIGC) 25 C.F.R. Part 502 request for comment on the Electronic One Touch 

Bingo System, which was published in the Federal Register on June 25, 2013. 78 Fed. Reg. 

122, 37998-38000 (June 25, 2013). The Nation appreciates the opportunity to be a part of the 

consultation process and to submit these comments and hopes that the comments from this 

Nation and others result in fair and effective regulation and interpretation of the law. 

History of Electronic One Touch Binno Svstem 

There has long been debate if an electronic one touch bingo machine should be classified 

as a Class I1 or Class IIT gaming system. However, the electronic one touch bingo system is 

nearly identical to other electronic bingo systems. The one touch bingo machine is 

electronically connected to other bingo machines by a computer link, just as other bingo 

systems are. A player then presses a button once to play the game of bingo instead of more 

than once as with other bingo systems. The law is clear -- bingo is bingo, no matter if you 

touch the button once or three times, if you are competing against other bingo players for a 

prize. 

The Metlakalta Indian Comtnunity interpreted the electronic one touch bingo machine as 

a Class 11 system in its 2008 submission of an amendment to its tribal gaming ordinance 

submitted to the NIGC. The Metlakalta specifically defined Class 11 gaming as "an 
electronic, computer, or other technologic aid to the game of bingo that, as part of an 

electronically linked bingo system, assists the player by covering, without further action by 

the player, numbers or other designations on the player's electronic bingo card(s) when the 

numbers or other designations are electronically determined and electronically displayed to 

the player." Phil Hogen, the NIGC chairman at the time, disapproved the Metlakalta's 

amendment to its ordinance by concluding that one touch bingo does not meet the Indian 

Gaming Regulatory Act's definition of Class I1 gaming because it requires a player to cover 

the drawn numbers on a bingo card and that the game be won by the first player to do so. Id. 

at 2703 (7)(A)(i)(II) and (III). Mr. Hogen reasoned that the language of "first person 

covering" is an element in a multi-player competition of bingo to be the first person to cover 

a pattern, and that one touch bingo does not include such competition through player 

participation as required by the statute. Mr. Hogen also found that one touch bingo is not a 

"game similar to bingo" in that it does not "permit players to compete against each other." 

Finally, Mr. Hogen incorrectly determined that because one touch bingo allowed the gaming 

system to "cover" the bingo card and not the player, that such incorporates all bingo game 

characteristics into an electronic system and machine and thus is a Class 111 electronic game 

of chance. 

The Hogen interpretation of the Metlakalta's proposed amendment of its tribal gaming 

ordinance was met with extreme disapproval in Indian Country. It created confusion in the 

industry with regard to classifying similar games. Therefore, the current NIGC's proposal to 

reinterpret the one touch bingo system is vastly supported by Indian Country in general and 

the Osage Nation. 

ReInteqretation of Electronic One Touch Bineo Svstem 

The intent of Congress to promote tribal economic development and self-sufficiency is 

clearly set out in the language of the Indian Gaming Regulatory Act (IGRA) at 25 U.S.C. 

2702(1), which states the goal is "to promote tribal economic development, tribal selfsufficiency, and strong tribal government." Id. Promotion of tribal Class II gaming helps 

tribes meet that goal and strengthens their positions with regard to gaming compact 

negotiation with state governments. The Hogen interpretation of the one touch bingo system 

was a hindrance at best to this stated goal. 

This Commission's proposed re-interpretation reintroduces reasonableness and the advent 

of gaming technology into the definition and finds that one touch bingo meets the three 

elements for Class 11 bingo according to IGRA, 25 U.S.C. 2703 (7)(A)(i)(I)-(III). First, the 

game must be played for prizes, including money, with cards showing numbers or other 

designations. Next, the card holder must cover the numbers or other designations when they 

are drawn or electronically determined. Finally, the first person who covers a previously 

designated arrangement of numbers or designations on the card wins the game. The fact that 

it takes just one touch of the one touch bingo game to cover the numbers as they are drawn 

does not change its classification to Class 11 in this re-interpretation, and the Commission 

correctly finds that requiring an extra step to manually cover the bingo card with second 

touch of a button js not required by IGRA and in fact would be an additional requirement 
not within the statute. Such is also supported by relevant case law. See United States v. 103 

Elec. Gambling Devices, 223 F.3d 1091, 1096 (9th Cir 2000); United States v. 162 

Megamania Gaming Devices, 231 F.3d 713, 719 (10th Cir. 2000). This Commission 

correctly recognizes that active and actual player participation and competition in an 

electronically linked bingo game is occurring, regardless if it is a one touch or two touch 

game. Players do not compete with the machine, as they do in Class III gaming, but rather 

with each other for a prize. The Nation also supports the Commission's finding that 

simultaneous bingos by more than one player is permissible in Class I1 gaming systems, just 

as in traditional bingo where interim prizes and simultaneous winners can occur. 

Finally, the Nation applauds the Commission for recognizing that technological 

advancements in Class I1 bingo systems should not automatically render them as Class III 

games, noting the Senate Select Committee on Indian Affairs' report that supports 

"maximum flexibility" for modem methods of conducting Class 11 play. If Tribes are to 

continue to improve the gaming experience for its players, then such technological aids 

cannot automatically be considered to change a game's status from Class II to III without a 

reasonable analysis. 

CONCLUS ION 

We appreciate your consideration of our comments regarding the proposed interpretation. 

We commend you for understandig the critical need in sustaining the viability of Class 11 

gaming to all tribal nations. 

Respectfully submitted, 

Chairman Douglas C. Revard, 

Osage Nation Gaining Commissioner