COMANCHE NATION GAMING COMMISSION

case Moy 1915 E. GORE BLVD.
LAWTON, OK 73501
ca PHONE: (580) 595-3300 FAX: (580) 595-3394

Via Email Only

National Indian Gaming Commission
Attn: Vannice Doulou

1849 C Street Northwest
Washington, D.C. 20240
vannice_doulou@nige.gov

Re: 25 C.F.R § 547.5; Grandfathered Class II Gaming Systems
Dear Ms. Doulou,

Please consider this letter the official comments of the Comanche Nation Gaming
Commission (the “CNGC”) concerning the Grandfathered Class II Gaming Systems and their
controlling regulations found at 25 C.F.R. § 547.5. In short, the CNGC supports the removal of
the sunset provision contained within 25 C.F.R. Part 547, or at a minimum, extending it for
another substantial period of time.

As you are aware, revenue generated from gaming activities is the primary source of
funding for the essential governmental services offered by tribes. The federal government’s
primary policy position related to the tribes over the last fifty years has been one of self-
determination and economic sufficiency. The Indian Gaming Regulatory Act of 1988 (“IGRA”)
was passed in furtherance of the self-determination policy and has been one of its greatest
success stories. Over the nearly 30 years of tribally regulated gaming in Indian country under
IGRA, tribes have gained the technical knowledge and sophistication to properly regulate the
conduct of Class II and Class III games within their tribal jurisdiction.

As evidenced by the fact that no “mishaps” or “technical breakdowns” have occurred
within Indian country due to the play of grandfathered games, tribal gaming commissions should
be allowed to continue to exercise their right under 25 U.S.C. § 2701(5), which states, “Indian
tribes have the exclusive right to regulate gaming activity on Indian lands...” Clearly, there are
two significant impacts on tribes if the sunset is not removed or substantially extended: economic
hardship for the tribes that rely on the revenue generated by these machines and legal
infringement on the tribal right to regulate gaming within their respective jurisdiction. With all
due respect, IGRA limited the NIGC’s role in regulation of tribal gaming to the power to
“monitor,” “inspect and examine.” 25 U.S.C. § 2706(b)(1)-(2).

Additionally, reasonable legal questions exist as to the NIGC’s authority to overrule
federal court decisions through the promulgation of regulations. The very grandfathered gaming
systems that will be removed from eligible Class II games have been determined to be Class II
games under IGRA by federal courts. See United States v. 103 Electronic Gambling Devices,

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223 F.3d 1091 (9th Cir. 2000); United States v. 162 MegaMania Gambling Devices, 231 F.3d
713 (10th Cir. 2000).

Given the significant economic impact to tribes and the legitimate legal questions
concerning IGRA’s intent, the CNGC respectfully requests that the NIGC remove the sunset
provision contained within 25 C.F.R. Part 547, or at a minimum, extending it for another
substantial period of time.

The CNGC appreciates the opportunity to comment on this important area of tribal
gaming. Please do not hesitate to contact me if you have any questions.

Sincerely,
K Wa We
Lisa Dawsey

Executive Director, Comanche Nation Gaming Commission

cc: Comanche Nation Gaming Commissioners

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