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June 19, 2015

Via Email to vannice_mccoy@nige.gov

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

Attn: Vannice McCoy

Re: Iowa Tribe of Oklahoma Gaming Commission
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 Iowa Tribe of Oklahoma Gaming Commission (the "Commission"), 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 Commission 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
III 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 Commission 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 Commission 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.

HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK


Privacy Act Regulations Updates

The Commission 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 Commission supports
bringing the NIGC into full compliance with the Privacy Act and implementing a records system for
background investigations.

NEPA Manual Updates

The Commission 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 Commission 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 Commission 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
Commission 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 Iowa Tribe of Oklahoma Gaming Commission, we appreciate this opportunity to
provide comments in response to the NIGC's February 26, 2015, DTLL. The Commission 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,
HOBBS, STRAUS, DEAN & WALKER, LLP

pt l—_kKN ory

William R. Norman ~

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