Mashpee Wampanoag Tribe 

483 Great Neck Road, South 

Mashpee, MA 02649 

Phone 508.477.0208 Fax 508.477.1218 

Statement of Chairman Cedric Cromwell 

NIGC Consultation on One Touch Electronic Bingo Systems 

July 18, 2013 

 Chairwoman Stevens and Commissioner Little, thank you so much for convening this 

consultation and proposing to clarify and correct the Commission's formal position on the play of one 

touch electronic bingo systems. I congratulate the Commission on correcting a long standing error that 

has clouded the public perception of class II gaming, and caused tribes to spend too much of their 

scarce resources on defending the play of games that should have been, from day one, unquestionably 

acceptable as within the broad remedial mandate of Congress in the Indian Gaming Regulatory Act. 

("IGRA"). 

 Under the IGRA, tribes cannot conduct class III gaming without navigating the complex and 

politically perilous compact negotiation process. Too often, in recent years, tribes have been 

compelled to negotiate revenue sharing agreements in exchange for the compact agreements that IGRA 

was supposed to protect and ensure. In Massachusetts, we are faced with a legislative initiative that 

has opened the Commonwealth to a broad range of casino gambling, and would permit us limited 

regional exclusivity if we pay a considerable revenue share. And if we can get our initial reservation 

in trust, and our compact approved before our potential competitors can establish a foothold. 

 For us, some leverage is provided by the availability of a viable class II alternative. We know – 

and the legislature knows – that once our land is in trust, we can open a very lucrative class II facility 

and generate funding for our citizens immediately, even if a compact is not in place. If we open such a 

facility, we will not have to pay a revenue share, and we will not be subject to regulation by the 

Commonwealth. IGRA provides us this important power, inherent in tribal sovereignty, and as 

recognized by the Supreme Court, that the state cannot control. We need this leverage, and we are 

glad that the NIGC is taking steps to clarify and protect it. 

 The Commission's proposal, at this time, properly brings the regulatory body back in line with 

both the IGRA and the courts that have construed it. Class II electronic bingo systems, developed in 

Indian Country as a necessary defense against states that would not compact in good faith, have proven 

to be a lifeline in providing economic development where it is most needed. The class II bingo systems 

available today follow the guidelines of the law, passed by Congress to protect class II gaming against 

state infringement. As the IGRA provides, class II Bingo need meet only three criteria, and may be 

played with the use of technological aids. Congress further specified that tribes should have maximum 

flexibility in the use of those aids. The courts have agreed. Fully electronic bingo is fully legal under 

the IGRA. Multiple "touches" are not required, nor are any other add-ons to the statutory 

requirements. The NIGC has, in the past, far exceeded its authority in attempting to impose such 

additional requirements, and in disapproving the Metlakatla Ordinance for permitting one touch play. 

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 The Mashpee Wampanoag Tribe strongly supports the NIGC's proposal to finally approve the 

play of one touch bingo gaming systems. We urge that the NIGC not only approve the Metlakatla 

Ordinance, but also withdraw game classification letters to the extent that they give incorrect and 

harmful guidance as to the requirements of additional features of permissible electronic bingo 

technology. While my Tribe does not currently operate any class II gaming, we fully appreciate the 

value of having that resource available, and unclouded by regulatory confusion. 

 Thank you for your important work and positive efforts to protect Indian Gaming.