2120 L Street, NW, Suite 700 T 202.822.8282 HOBBSSTRAUS.COM

Washington, DC 20037 F 202.296.8834

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

June 19, 2015

Via E-mail to vannice_mccoy@nigc.gov

Jonodev Chaudhuri, Chairman

National Indian Gaming Commission

1849 C Street NW, SM-1621

Washington, D.C. 20240

Attn: Vannice McCoy

Re: Seminole Tribe of Florida 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 Seminole Tribe of Florida (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"). As requested by the DTLL, the Tribe provides input 

on the NIGC's proposals to: issue guidance for Class III minimum internal control standards 

("MICS"); update the NIGC's Privacy Act regulations; update the NIGC's proposed National 

Environmental Policy Act ("NEPA") manual; and 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 III 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 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. 
Jonodev Chaudhuri, Chairman

June 19, 2015

Page 2

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

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 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 support 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 Goods 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 Seminole Tribe of Florida, we appreciate this opportunity to provide 

comments in response to the NIGC's February 26, 2015 DTLL. The Tribe looks forward to 
Jonodev Chaudhuri, Chairman

June 19, 2015

Page 3

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

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

 Joseph H. Webster /s/

By: Joseph H. Webster