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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: Cheyenne and Arapaho Tribes
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 Cheyenne and Arapaho Tribes (the "Tribes"), 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 IIT MICS

The Tribes welcome 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 Tribes suggest 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 Tribes support the issuance of non-binding guidance regarding Class III internal
controls, they urge 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 Tribes support 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 Tribes support bringing the NIGC
into full compliance with the Privacy Act and implementing a records system for background
investigations.

NEPA Manual Updates

The Tribes 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 Tribes support 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 Tribes also support 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 Tribes
support the NIGC's proposed regulations to implement this policy, which will help promote Native
businesses and strengthen Native economies.

Conclusion

On behalf of the Cheyenne and Arapaho Tribes, we appreciate this opportunity to provide
comments in response to the NIGC's February 26, 2015, DTLL. The Tribes look 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

oA Ve aan

William R. Norman

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