August 12, 2021

Mr. E. Sequoyah Simermeyer, Chairperson

National Indian Gaming Commission

U.S. Department of the Interior 

1849 C Street, NW – Mailstop #1621

Washington, DC 20040

Submitted electronically to NIGC.outreach@nigc.gov

Re: Consultation A Series

Dear Chairman Simermeyer,

On behalf of the Oneida Nation, I am submitting comments to the National Indian Gaming 

Commission’s Consultation A Series. 

NIGC Consultation Policy

The Oneida Nation is pleased with the outreach to Tribes under the current NIGC leadership. 

With the tremendous responsibilities the NIGC has, it is Important that the NIGC engage with 

Tribes on a consistent basis. 

In addition, the NIGC requested Tribes to answer the following questions. Answers are

provided below. 

How can technology be used to broaden the impact of the NIGC’s consultation efforts? 

• Although the use of technology cannot replace the face-to-face dialogue that occurs 

during consultation, the Nation appreciated the use of technology to host virtual 

consultations and trainings throughout the pandemic. The use of technology allowed 

greater participation by our elected and organizational leadership. In the future, the 

Nation would support in-person consultation coupled with the ability to attend virtually. 

• With many federal agencies hosting consultation sessions, it would be helpful if 

consultations can be done in conjunction with other federal agencies. 

What procedures or practices impede a robust exchange of information during a consultation 

process and how might the Agency address its protocols in order to maximize tribal 

governments’ participation in NIGC hosted consultations? 
• Tribal Nations in Indian Country experience similar issues in our tribal gaming facilities. 

Allowing for written responses prior to the actual consultation would allow the Tribes 

and NIGC to identify similar issues of concern so the issues can be addressed at the 

consultation. 

• Notice of consultations continues to be an issue. With email being the primary means 

of timely communication, we would suggest a listserv designating two to four points of 

contact to be notified of upcoming consultations and events. 

• During consultation sessions, we respectfully request time limits for speakers and 

comments/questions. 

NIGC Strategic Plan

To enhance the NIGC’s Strategic Plan, the Nation would like the NIGC to enhance its efforts to 

advocate for Tribal Gaming. The Tribal Gaming industry is an industry that brings about 

economic opportunities for employment, regional economic impact, and revenue for Tribes. 

However, the Tribal Gaming Industry is also one of the most regulated industries in the United 

States and, and we would like NIGC to continue to promote that aspect of Tribal Gaming. 

25 C.F.R. § 514.4(c) – Fees 

The Nation supports the deduction of free play from the calculation of assessable gross revenue, as we 

consider free play is a promotional expense. The proposed language is unclear and we would 

recommend the following language;

“For purposes of computing fees, assessable gross revenues for each gaming operation 

are the total amount of money wagered on class II and III games, plus entry fees 

(including table or card fees), less any amounts paid out as prizes or paid for prizes 

awarded, less any promotional credits, and less an allowance for capital expenditures 

for structures as reflected in the gaming operation's audited financial statements.”

The Oneida Nation appreciates the opportunity to participate in the NIGC consultation. If you 

should have any questions please contact me at thill7@oneidanation.org. 

Sincerely,

Tehassi tasi Hill, Chairman

Oneida Nation

Cc: Oneida Nation Gaming Commission

Louise Cornelius, Gaming General Manager