June 21, 2015

Via Email to vannice_mccoy@nigc.gov

Mr. Jonodev Chaudhuri, Chairman

National Indian Gaming Commission

1849 C Street NW., SM-1621

Washington, D.C. 20240

SENT VIA EMAIL ONLY

Attn: Vannice McCoy

Re: Seneca-Cayuga Nation

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 Seneca-Cayuga Nation (the "Nation"), I 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 III MICS

The Nation welcomes 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 Nation suggests 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 Nation supports 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.

Privacy Act Regulations Updates

The Nation supports 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 Nation supports bringing the NIGC into full compliance with the Privacy Act and 

implementing a records system for background investigations.

NEPA Manual Updates

The Nation also supports 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 Nation supports 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 Nation also supports 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 Nation supports the NIGC's proposed regulations 

to implement this policy, which will help promote Native businesses and strengthen 

Native economies.

Conclusion

On behalf of the Seneca-Cayuga Nation, I appreciate this opportunity to 

provide comments in response to the NIGC's February 26, 2015, DTLL. The Nation

looks 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,

William L. Fisher, Chief

 Seneca-Cayuga Nation