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VES Absentee Shatuee Cribe of Oklahoma

2025 South Gordon Cooper Drive

8 Shatner, Oklahoma 74801
405-275-4030

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Hdwina Butler-Malte

Governor

June 19, 2015

Via Email to vannice_mccoy@nige.gov

Mr. Jonodey Chaudhuri, Chairman
National Indian Gaming Commission
1849 C Street NW., SM-1621
Washington, D.C. 20240

Attn: Vannice McCoy

Re: Absentee Shawnee Tribe of Oklahoma
Comments on Updates to Class III MICS, NIGC Privacy Act Regulations, NIGC NEPA
Procedures, and NIGC Buy Indian Policy

Dear Chairman Chaudhuri;

On behalf of the Absentee Shawnee Tribe of Oklahoma (the "Tribe"), we offer the following
comments in response to the National Indian Gaming Commission's ("NIGC") February 26, 2015 Dear
Tribal Leader Letter ("DTLL") concerning NIGC's proposals to: (1) issue guidance for Class III
minimum internal control standards ("MICS"); (2) update the NIGC's Privacy Act regulations; (3) update
the NIGC's proposed National Environmental Policy Act ("NEPA") manual, and (4) develop regulations
to give preference in NIGC purchasing to Indian-owned businesses.

Guidance for Class III MICS

The Tribe welcomes the NIGC's proposal to issue non-binding guidance that tribal regulators may
use in developing Class III internal controls. Although the decision in Colorado River Indian Tribes v.
NIGC, 466 F.3d 134 (D.C.Cir.2006), held that the NIGC lacks authority to enforce Class III MICS
regulations, the NIGC plays an important role in setting industry standards. Updated, non-binding
guidance regarding the best industry standard Class II internal controls would be useful to tribes.

The NIGC recently updated its Class II MICS, and there is a need for guidance regarding Class
IL internal controls that can be implemented by tribes in a manner that takes into account changes in the
industry and which are consistent with the Class II MICS. In developing the Class III MICS guidance,
the Tribe suggests that the NIGC establish a tribal advisory committee or a tribal coordinating committee.
The Tribal Advisory Committee played an important role in reviewing and updating the Class II MICS,
and a similar body would be useful in moving forward with Class III guidance.

Although the Tribe supports the issuance of non-binding guidance regarding Class III internal
controls, it urges the NIGC to leave in place the current Class III MICS regulations at 25 C.F.R. Part 542.
Even though these regulations are not enforceable by the NIGC and have not been updated, they should
nonetheless be left in place. The existing Part 542 regulations are referenced by tribal codes as well as by


numerous tribal-state gaming compacts, and removing the regulations could cause substantial confusion
or disruption to tribes, states, and tribal gaming enterprises.
Privacy Act Regulations Updates

The Tribe supports the NIGC's proposal to revise its Privacy Act regulations at 25 C.F.R. Part
515. These regulations have not been updated in over 20 years, and the Tribe supports bringing the NIGC
into full compliance with the Privacy Act and implementing a records system for background
investigations.

NEPA Manual Updates

The Tribe also supports the NIGC's proposal to update its policies and procedures to provide a
Categorical Exclusion ("CATEX") for the approval of management contracts for the operation of gaming
under the Indian Gaming Regulatory Act ("IGRA"). This proposal would conserve tribal resources by
allowing tribes to submit management contracts for review and approval without having to prepare
environmental assessments and environmental impact statements unless some extraordinary
circumstances existed. The Tribe supports this proposal because management contracts do not involve
significant environmental effects and their review and approval does not involve assessment of any
environmental impacts or concerns. The Tribe also supports the categorical exclusions in the proposed
draft manual for administrative and routine office activities and for the regulation, monitoring, and
oversight of Indian gaming activities.

"Buy Indian" Policy and Regulations

The NIGC's proposed "Buy Indian Good and Services" policy would give preference to Indian-
owned firms for the acquisition and procurement of goods and services at fair market price. The Tribe
supports the NIGC's proposed regulations to implement this policy, which will help promote Native
businesses and strengthen Native economies.

Conclusion

On behalf of the Absentee Shawnee Tribe of Oklahoma, we appreciate this opportunity to provide
comments in response to the NIGC's February 26, 2015, DILL. The Tribe looks forward to working with
the NIGC as these proposals are developed further. Please do not hesitate to contact us if we can provide
any additional information.

Sincerely,

Eclurin a Lutter Vo4p-

Edwina Butler-Wolfe
Governor

cc: Hobbs, Straus, Dean & Walker, LLP
Leslie Tanyan, Executive Director
Absentee Shawnee Tribe Gaming Commission
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