Chairperson: Brett Barnes Secretary: Traci Atkinson

Vice Chairperson: Robin Lash Treasurer: Jon Arrasmith

Sergeant-at-Arms: Wes Pappan

Via e-mail: reg.review@nigc.gov

August 23, 2013

Tracie L. Stevens, Chairwoman

Daniel J. Little, Associate Commissioner

National Indian Gaming Commission

1441 L. Street N.W., Suite 9100

Washington D.C. 20005

RE: Comments on “one touch bingo” system classification. 78 Fed Reg. 37998 

(June 25, 2013)

Dear Chairwoman Stevens and Commissioner Little:

These comments, pertaining to the National Indian Gaming Commission (“Commission”) 

proposal to classify certain server-based electronic bingo games commonly referred to as “one 

touch bingo” (78 Fed. Reg. 37998), are submitted on behalf of the 29 member tribes of the 

Oklahoma Tribal Gaming Regulators Association (OTGRA), a non-profit 501(c)(6) association.

The OTGRA would like to express its appreciation for this opportunity to comment on such an 

important topic, and extends its thanks to the Commission for taking this formal approach 

through publication and consultation to develop a complete administrative record to support the 

Commission’s recent determination concerning one touch bingo as a Class II system. The 

OTGRA is in full support of this determination that Class II server based electronic bingo system 

games can be played utilizing only one touch of a button, and do not, through one touch, 

somehow convert into a Class III facsimile of an electronic game of chance.

The Commission’s proposed reinterpretation is consistent with the Indian Gaming Regulatory 

Act (“IGRA”) and its legislative history. The statutory requirements of Class II bingo set forth 

in IGRA are the sole legal requirements of a game to qualify as bingo. United States v. 

Electronic Gambling Devices, 223 F.3d 1091, 1093 (9th Cir. 2000). One touch bingo meets each 

of these requirements. See, 25 U.S.C. §2703 (7)(A)(i)(I)-(III). 

• The game is played for prizes on a card bearing numbers or other designations. 

• The holder of the card, with the assistance of the computer (or technological aid), 

covers the numbers or other designations when objects similarly numbered or 

designated are sequentially drawn or electronically determined.

• The game is won by the first person to cover the pre-designated winning bingo 

pattern. 
Chairperson: Brett Barnes Secretary: Traci Atkinson

Vice Chairperson: Robin Lash Treasurer: Jon Arrasmith

Sergeant-at-Arms: Wes Pappan

It is vital to note that the one touch feature, whether used or not, has absolutely no impact on the 

game or the outcome of the game. It is clearly in error then, that the former NIGC Chairman, in 

2008, following his review of the Metlakatla Indian Community Gaming Ordinance, determined 

the use of auto-daub (one touch), in lieu of manually covering the numbers in a card (by pushing 

a button), would convert a Class II bingo game to a Class III facsimile of an electronic game of 

chance. It is important to note that this conclusion is not supported by IGRA, and that this

decision, limited in scope to the specific Ordinance under review, constituted only an informal 

decision with no formal agency review and administrative record to substantiate the

interpretation.

As you are aware, Class II gaming systems are very important to Oklahoma gaming 

tribes. You may recall the comments from the OTGRA in August 2012 concerning the proposed 

rule for both 25 CFR 547 and 543, and the very detailed financial information provided by 

Oklahoma Tribes concerning the high number of Class II games on the floor of Oklahoma tribal 

casinos which would be impacted by keeping in place the sunset clause for grandfathered games. 

Twenty OTGRA gaming tribes reported floor space between 35% and 100% filled with Class II 

gaming systems. Many, if not all of the Class II systems reported in that communication are one 

touch Class II systems and substantiate the huge financial investment Oklahoma tribes have 

made in these Class II systems. 

The OTGRA applauds the Commission for its work to clarify this important issue. The 

OTGRA supports the Commission’s determination that one touch bingo is a Class II game 

employing technologic aid, which is provided for under IGRA, and is supported in the legislative 

history of IGRA. The OTGRA again extends its thanks to the Commission for this important 

opportunity to provide remarks on behalf of its member Tribes.

Best regards,