ALABAMA-COUSHATTA TRIBE OF TEXAS
(— Tribal Chiels Tribal cm \

Principal Chief Ronnie Thomas, Chairman
Chief Oscola Nita Battise, Vice-Chairperson
Clayton M. Sylestine Melanie Battise, Secretary

Pete Polite, Treasurer
Second Chief Clint Poncho, Member
Chief Colabe III Roland Poncho, Member
Clem F. Sylestine Kyle Williams, Member

August 26, 2013

Via First Class Mail
Separately by email to reg.review@nige.gov

Chairwoman Tracie Stevens
National Indian Gaming Commission
1441 L Street N.W.

Suite 9100

Washington, D.C. 20005

RE: One-Touch Class II Bingo System Comments
Chairwoman Stevens,

The Alabama-Coushatta Tribe of Texas (“Tribe”) appreciates the opportunity to comment on the NIGC’s
proposed reinterpretation of a prior NIGC agency decision regarding the classification of server based
electronic bingo system games that can be played utilizing only one touch of a button (‘‘one touch
bingo’’). The Tribe has reviewed the request for public comment found at 78 Fed Register 37998-38000
and is pleased to see the NIGC take a reasoned and principled approach to the interpretation of the Indian
Gaming Regulatory Act (“IGRA”). The Tribe supports the NIGC’s efforts to act in a manner consistent
with the IGRA, legislative history of the IGRA and related case law.

As noted in the Federal Register request for public comment, the IGRA provides that the Class II game of
bingo — whether or not electronic, computer or technological aids are used in connection therewith - has
three elements: (1) bingo must be played for prizes; (2) the bingo card holder must cover the numbers
when drawn or electronically determined; and (3) the first person covering the numbers wins. 25 U.S.C.
2703(7)(A)(i) see also United States v. 162 MegaMania Gambling Devices, 231 F.3d 713 (10" Cir. 2000)
(holding that the statutory elements of the IGRA are the sole requirements for a game to qualify as bingo)
accord United States v. 103 Electronic Gambling Devices, 223 F.3d (9"" Cir. 2000). We commend the
NIGC for focusing upon the statutory elements of Class II gaming and we support the NIGC in its
straightforward and common sense reading of the IGRA when determining whether a game meets the
IGRA definition of the Class II game of bingo.

As the NIGC is aware, there is no provision within the IGRA that requires a bingo game to include
multiple “touches” or “daubs” in order to meet the definition a Class II game of bingo. Such a
position has the effect of stifling technological advances in gaming. In contrast, when
considering and passing the IGRA, the intent of Congress was that Indian tribes would be able to
take advantage of beneficial changes in technology so as to “have maximum flexibility to utilize



games such as [Class II] bingo ... for tribal economic development.” Senate Report 100-446 at 9
(1998).

The following excerpt of the IGRA legislative history illustrates the foregoing and further
clarifies the position of Congress that advances in technology do not automatically change a
Class II bingo game into an electronic facsimile — provided that the statutory elements of bingo
are satisfied in a game played among multiple players.

Consistent with tribal rights that were recognized and affirmed in the Cabazon
decision, the Committee intends in section 4(8)(A)(i) [of the IGRA] that tribes
have maximum flexibility to utilize games such as [Class II] bingo and lotto for
tribal economic development. The Committee specifically rejects any inference
that tribes should restrict Class II games to existing games sizes, levels of
participation, or current technology. The Committee intends that tribes be given
the opportunity to take advantage of modern methods of conducting Class II
games and the language regarding technology is designed to provide maximum
flexibility. In this regard, the Committee recognizes that tribes may wish to join
with other tribes to coordinate their Class II operations and thereby enhance the
potential of increasing revenues. For example, linking participant players at
various reservations whether in the same or different States, by means of
telephone, cable, television or satellite may be a reasonable approach for tribes to
take. Simultaneous games participation between and among reservations can be
made practical by use of computers and telecommunications technology as long
as the use of such technology does not change the fundamental characteristics of
the bingo or lotto games and as long as such games are otherwise operated in
accordance with applicable Federal communications law. In other words, such
technology would merely broaden the potential participation levels and is readily
distinguishable from the use of electronic facsimiles in which a single participant
plays a game with or against a machine rather than with or against other players.

Id.

The Tribe strongly supports the efforts of the act in a manner consistent with the text and legislative
history of the IGRA. We look forward to continued positive action by the NIGC on this very important
matter.

Sincerely,
pees Som ——
Romhie Thomas

Tribal Council Chairman
Alabama-Coushatta Tribe of Texas