OMAHA TRIBE OF NEBRA: KA

P.O. Box 368
Macy, NE 68039

(402) 837-5391
FAX (402) 837-5308

EXECUTIVE OFFICERS
Michael D. Wolfe, Chairman Jeffrey S. Miller, Member

Orville Cayou, Vice-Chairman Jessica Webster-Valentino, Member
Alan Harlan, Treasurer TRIBAL ADMINISTRATION Rodney Morris, Member

Clifford Wolfe Jr., Secretary

MEMBERS

year of implementation, clarity is critical in ensuring tribes  iderstand their obligations so that
they may properly plan on making an on-time payment.

Please let us know if we are able to assist you in any way wit! regard to these critical issues.

Sincerely,
Mike Wolfe

Chairman
Omaha Tribe of Nebraska

‘Address P.O. Box 368 Macy, Nebraska 58037 * Phone (402) i 37-5391 © Fax (402) 837-5308


OMAHA TRIBE OF NEBRA: KA

P.O. Box 368
Macy, NE 68039

(402) 837-5391
FAX (402) 837-5308

EXECUTIVE OFFICERS
Michael D. Wolfe, Chairman Jeffrey S. Miller, Member

Orville Cayou, Vice-Chairman Jessica Webster-Valentino, Member
Alan Harlan, Treasurer TRIBAL ADMINISTRATION Rodney Morris, Member

Clifford Wolfe Jr., Secretary

MEMBERS

Management Contract Provisions

We support the NIGC’s decision to address in its con’ iltations the management contract
provisions of its regulations. Last updated in 2012, the pr’ isions do not currently satisfy our
Tribe’s need to understand what the NIGC requires out of a su. mitted management contract. This
has led to uncertainties in the process. Additionally, there s no clear timetable for reviewing
submission documents, likely because of the ebbs and flows 0: he NIGC’s resources and workload.

For a more efficient and transparent process, we urg? the NIGC to at least supply tribes
with some kind of timetable for reviewing and responding to { bmissions during the initial review
process detailed in 25 C.F.R. Part 533. We also urge the » [GC to release guidance on how it
scrutinizes management contracts. This would help tres better prepare its submission
documents so as to avoid impermissible provisions and financi ] arrangements. With both of these
changes, tribes would have the information they need to crei compliant management contracts
and possibly even cut down on the time it takes to review th» e arrangements.

Mobile Gaming Device Standards

Because 25 C.F.R. § 542.15 adequately addresses tecli ical standards for wireless security
and communications, we find that the addition of 25 C.F.R. } 542.18 addressing mobile gaming
device standards is unnecessary. Instead, to address the eve’ evolving advances in mobile gaming
technology, we urge the NIGC to issue guidance document: ‘or these devices that may be more
quickly updated and flexible enough to address new innovati as. For example, an NIGC Bulletin
could address current issues with mobile gaming devices. Vi th our mutual interest in providing
safe and secure gaming opportunities to our patrons, the Tr:{ » would ensure that the guidance in
the Bulletin is followed through when applicable. Should c« ‘tain guidance become obsolete, the
NIGC could simply issue new Bulletins rather than go throu! 4 the rulemaking process.

Fees

We generally support the NIGC’s proposed fee sched e which eliminates the preliminary
fee rate at establishes a new final fee rate date of Novembe: 1%t of each year. We note, however,
that the implementation of this new final fee rate date of ! ovember 1* be treated carefully, as
tribes have different fiscal year-end dates and generally wov] | like to plan how and when they will
remit fee payments. For instance, should two different fin fee rates be established in the first


OMAHA TRIBE OF NEBRA! KA
P.O. Box 368
Macy, NE 68039

(402) 837-5391
FAX (402) 837-5308

EXECUTIVE OFFICERS
Michael D. Wolfe, Chairman Jeffrey S. Miller, Member

Orville Cayou, Vice-Chairman Jessica Webster-Valentino, Member
Alan Harlan, Treasurer TRIBAL ADMINISTRATION Rodney Morris, Member

Clifford Wolfe Jr., Secretary

MEMBERS

June 29, 2017

Jonodev Chaudhuri, Chairman
National Indian Gaming Commission
1849 C Street N.W.

Mail Stop #1621

Washington, D.C. 20240

Re: Comments on 2017 NIGC Consultation Topics #1-6
Dear Chairman Chaudhuri:

The Omaha Tribe of Nebraska (“Tribe”) hereby issue: ‘hese official comments in response
to the National Indian Gaming Commission’s (“NIGC”) 117 Tribal Consultation Comment
Submission Notice released on May 4, 2017. The Tribe ap; ‘eciates this opportunity to provide
written comments on six different topics that were part of tl, initial 2017 Notice of Consultation
on November 22, 2016. Active communication between °ribes and the NIGC is critical to
maintaining the unique government-to-government relat nship between tribal and federal
governments.

Below, we address each of the six topics in the ord: given by the NIGC: (1) Class III
Minimum Internal Control Standards (“MICS”) Guidance; () Servicing Rural Gaming Tribes: (8)
Tribal Workforce Training; (4) Management Contract Pr: ‘isions; (5) Mobile Gaming Device
Standards; and (6) Fees.


OMAHA TRIBE OF NEBRA: KA

P.O. Box 368
Macy, NE 68039

(402) 837-5391
FAX (402) 837-5308

EXECUTIVE OFFICERS
Michael D. Wolfe, Chairman Jeffrey S. Miller, Member

Orville Cayou, Vice-Chairman Jessica Webster-Valentino, Member
Alan Harlan, Treasurer TRIBAL ADMINISTRATION Rodney Morris, Member

Clifford Wolfe Jr., Secretary

MEMBERS

Class IIT MICS Guidance

As emphasized in the CRIT v. NIGC decision, trib:: gaming regulators should be the
primary actors in charge of developing and enforcing Class | [ gaming operations. As such, the
Tribe is encouraged that the NIGC is proposing to suspend t 1e Class III MICS under 25 C.F.R.
Part 542 and in its place issue guidance on Class III gaming |: ternal controls.

While the draft guidance released generally accomplisk ; j the goal of handing over the power
to tribal regulators to create Class III internal controls for tl, ir own tribe, there are at least two
major flaws that are apparent in the language released: (1) Ht v the guidance squares with Tribal-
State Compacts and (2) How the guidance would impact ann, 1] audits.

The Tribe maintains a Tribal-State Compact with the £\| ite of lowa in order to conduct Class
III gaming in its Blackbird Bend Casino (“BBC”). In Section 4: fthe Compact, the Tribe is required
to “conduct all Class III] gaming pursuant to... minimu internal control standards.” The
Compact therefore requires the Tribe to continue following 1! e Class II] MICS in 25 C.F.R. Part
542. While leaving Part 542 suspended and not withdrawir; it is prudent in order for the Tribe
to comply with its own Compact, at least one provision, § 54}! 4, is still called into question. This
provision settles conflicts between compacts and the Class II: MICS. If this provision is rendered
non-binding, and there is nothing in the draft guidance that v" uld take its place, then tribes would
be left to guess which standard is to be followed in the event : !a conflict.

When the BBC undergoes its annual audit checks, |: »th Class II and Class IIT gaming
devices are studied for their compliance with the Indian Gami 1g Regulatory Act, the Compact, the
Gaming Ordinance, Regulations, other applicable laws, an«| the MICS, Audits typically do not
distinguish between different classes of games, however. Thi s, by converting the Class III MICS
into non-binding guidance, there would be the potential or difficulty in determining what
machines would be scrutinized in an audit when certain m1 hines on the gaming floor are only
subject to the voluntary Class III guidance only.

We believe these flaws would be best fixed through aj ointing a tribal advisory committee
featuring people from the regulated community with experien e and knowledge of Class ITI gaming
and who are on the front lines of regulation, While we under tand that the NIGC’s use of subject
matter experts allowed it to create the draft guidance di) ument, input from an established


OMAHA TRIBE OF NEBRA! KA
(402) 837-5391
FAX (402) 837-5308

P.O. Box 368

Macy, NE 68039
EXECUTIVE OFFICERS MEMBERS

Michael D. Wolfe, Chairman Jeffrey S. Miller, Member

Orville Cayou, Vice-Chairman Jessica Webster-Valentino, Member

Alan Harlan, Treasurer TRIBAL ADMINISTRATION Rodney Morris, Member
Clifford Wolfe Jr., Secretary

committee to address these difficult issues would help make ¢ us draft guidance document better
suited for those who will rely on it the most: tribal regulators n the ground at gaming operations
nationwide.

Servicing Rural Gaming Tribes

As a Tribe with a gaming operation in rural northwesi owa, we are pleased that the NIGC
would like to focus on outreach to rural Indian Country. Ai, he same time, we would hope that
the NIGC places its resources into the programs best suited 1; help rural Indian Country directly.
The main proposal relating to rural outreach offered by the Dl GC, the establishment of a regional
office in Rapid City, South Dakota, is not the most effective ase of NIGC resources to aid rural
outreach.

As a Tribe that is serviced by the St. Paul, Minnesota ‘3 gional Office, the entity that would
be affected by the creation of the Rapid City Regional Office, ‘i » do not support the creation of such
an office that would do little to help with rural outreach. \'e have not experienced any issues
under the current organizational structure and do not feel hat a problem exists here. Before
further action is taken, we urge the NIGC to consult further", th the tribes within the 9-state area
the St. Paul Regional Office covers to determine a plan thi : would more directly benefit rural
gaming tribes.

Tribal Workforce Training

We strongly support the NIGC’s commitment to buil:| ag an ever-stronger workforce. We
only wish to comment that, moving forward, the NIGC cox ders the depth and breadth of its
training offerings. For instance, trainings should be tailorer to the resources available to a tribe
and personalized as much as possible to fit the needs and i pirations of a tribe. To accomplish
this, we support the creation of a cross-training component t! at would educate the NIGC as to the
day-to-day functions of tribal gaming regulators. This w uld allow stronger communication
between tribal gaming regulators and the NIGC, the latte! of which will benefit from knowing
sooner the kinds of new issues that may arise on the gaming! oor. Better two-way communication
will deepen and broaden the NIGC’s training programs.