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June 21, 2023 

VIA EMAIL

Tracy Burris, Director 

The Muscogee Creek Nation – Office of Public Gaming 

8330 Riverside Parkway 

tracy.burris@mcn-opg.com 

Re: Submission of alternative standards to 25 C.F.R. Part 547 

Dear Director Burris: 

I am writing with respect to your request received by the National Indian Gaming 

Commission (NIGC) on March 23, 2023, on behalf of the Muscogee Creek Nation, Office of Public 

Gaming (MCNOPG) for the review and approval of Alternate Standards Adopted for Class II Games 

Played Using Mobile Devices approved by your office on February 24, 2023. Pursuant to 25 C.F.R. § 

547.17(b), the Chair of the NIGC may approve or object to alternate standards by a tribal gaming 

regulatory authority.

Thank you for providing the alternate standards for my review. In addition to the alternate 

standards, your submission provided an explanation of how the alternate standard achieves a level of 

security and integrity sufficient to accomplish the purpose of the standard it is to replace as required 

by 25 CFR 547.17(a)(2)(i). The attached chart, titled “Muscogee Creek Nation Office of Public 

Gaming Alternate Standards to 25 C.F.R. Party 547,” enumerates the 25 C.F.R. Part 547 minimum 

technical standards and the proposed alternate standards. 

The attached Alternate Standards to 25 C.F.R. Part 547 are hereby approved as the alternate 

standards appear to achieve a level of security and integrity sufficient to accomplish the purpose of 

the standards they are to replace. If you have any questions concerning this letter, please contact Staff 

Attorney Mandy Cisneros at mandy.cisneros@nigc.gov. 

Sincerely,

E. Sequoyah Simermeyer

Chairman
Item 

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2 

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Muscogee Creek Nation Office Of Public Gaming Alternate Standards to 

25 C.F.R. Part 547 

Part 547 Minimum Technical Standard MCNOPG Alternate Standard 

ZS C.F.R. § 547.2 *547.2

Class II gaming system. All components, whether or Class II Gaming System. All components, whe:her or not 

not technologic aids in electronic, computer, technologic aids in electronic, computer, mechanical, or other 

mechanical, or other technologic form, that function technologic form, such as a Class II Mobile Gaming System, that 

together to aid the play of one or more Class II function together to aid the play of one or more Class II games, 

games, including accounting functions mandated by including accounting functions mandated by these regulations. 

these regulations. 

Player Interface . Any component(s) of a Class II gaming system, 

Player interface . Any component(s) of a Class II including an electronic or technologic aid (not limited to 

gaming system, including an electronic or terminals, player stations, handhelds such as 3 Class II Mobile 

technologic aid (not limited to terminals, player Device, fixed units, etc.), that directly enables player interaction 

stations, handhelds, fixed units, etc.), that directly in a Class II game. 

enables player interaction in a Class II game. 

ZS C.F.R. § 547.4(b) *547.4(b)

Approved gaming equipment and software only. All Approved gaming equipment and software or.ly. All gaming 

gaming equipment and software used with Class II equipment, except for any Class II Mobile De11ice, and software 

gaming systems must be identical in all respects to a used with Class II gaming systems must be identical in all 

prototype reviewed and tested by a testing respects to a prototype reviewed and tested by a testing 

laboratory and approved for use by the TGRA laboratory and approved for use by the TGRA pursuant to 

pursuant to §547.S(a) and (b). §547.S(a) and (b). Any Class II Mobile Device used with a Class II

Mobile Gaming System must comply with the applicable

requirements for such device set by the Federal

Communications Commission. The operation shall ensure that

any Class II Mobile Gaming occurs only on a Class II Mobile

Device utilizing game software that has been reviewed and

approved for use by the TGRA.

25 C.F.R. § 547.S(b)(l)(iv) *547.S(b)(l)(iv)

The testing laboratory's written report confirms that The testing laboratory's written report confirms that the 

the operation of a player interface prototype has operation of a player interface prototype, other than a Class II 

been certified that it will not be comprornised or Mobile Device, has been certified that it will rot be 

affected by electrostatic discharge, liquid spills, compromised or affected by electrostatic discharge, liquid spills, 

electromagnetic interference, or any other tests electromagnetic interference, radio frequency interference, or 

required by the TGRA; any other tests required by the TGRA. Any Class II Mobile Device 

Justification 

Integrity stays the same. Class II mobile 

gaming devices/systems are added to the 

list of items included in the Class II gaming 

system and Player Interface definitions to 

further define them. 

With a Class II Mobile Gaming system, it 

would be difficult for an Independent 

Testing Laboratory (ITL) to test player 

owned devices such as cell phones and 

tablets. However, having the devices be 

FCC accredited (or similar) along with 

TGRA approved game software running on 

the device, we retain security and 

integrity of the gaming system. The 

requirement for the game software to be 

identical to a prototype tested by an ITL 

will remain the same. 

Again, an ITL cannot test all player owned 

devices. We rely on the fact that these 

player owned devices have been vetted by 

an accredited organization (FCC or similar) 

to test for this along with other 

requirements being met before being 

offered to the public. 
must comply with the applicable requirements for such device 

set by the Federal Communications Commission; 

25 C.F.R. § 547.7(d) *547.7(d) While most technological devices have a 

serial number, this is something that 

Player interface. The player interface must exhibit a Player Interface would not be able to be recorded for our 

serial number and date of manufacture and include (l)Any player interface, except for a Class II Mobile Device, must records. However, we will require the 

a method or means to: exhibit a serial number and date of manufacture; system to issue a unique identifier to that 

(l)Display information to a player; and (2)At the time of Class II Mobile Gaming software installation player owned account to supplement the 

(2)Allow the player to interact with the Class II and registration, a Class II Mobile Gaming Plaver Account shall physical serial number. The software on 

gaming system. be issued a unique identification number that shall be recorded the player owned device will be required 

4 by the operation. The Class II Mobile Device identification to display information along with allowing 

number shall not be transferable to a different Class II Mobile the player to interact with the system. 

Device; Furthermore, we will require the system 

(3)Any player interface must include a method to: to only allow the player interface to be 

(i)Display information to a player; and restricted to one active log in per session. 

(ii)Allow the player to interact with the Class II gaming system.

(4)Any player interface is restricted to one active log in per

session.

25 C.F.R. § 547 .16(b) *547.16(b) The information required to be presented 

to the player will be available at the 

Disclaimers. The Player Interface must continually Disclaimers. beginning of the Player session. They will 

display: have to acknowledge this information 

(l)"Malfunctions void all prizes and plays" or (l)Except for Class II Mobile Devices, the Player Interface must before being allowed to play on their 

equivalent; and continually display: device. 

5 (2)"Actual Prizes Determined by Bingo (or other (i)"Malfunctions void all prizes and plays" or equivalent; and

applicable Class II game) Play. Other Displays for (ii)"Actual Prizes Determined by Bingo (or ap�licable Class II

Entertainment Only" or equivalent. game) Play. Other Displays for Entertainment Only" or 

equivalent.

(2)For Class II Mobile Devices, the information in subsection

(b)(l)(i)-(ii), must be displayed prior to initiati1g a session.
25 C.F.R. § 547.16(c) *547.16(c) The information required in this section 

will be included at the beginning of play 

Odds notification. If the odds of winning any Odds Notification. and they will acknowledge this before 

advertised top prize exceeds 100 million to one, the their session will begin. 

Player Interface must display: "Odds of winning the (l)lf the odds of winning any advertised top i::rize exceeds 100

6 advertised top prize exceeds 100 million to one" or million to one, the Player Interface (excluding any Class II Mobile

equivalent. Device) must display: "Odds of winning the advertised top prize

exceeds 100 million to one" or equivalent.

(2)For Class II Mobile Devices, the information required by

subsection (c)(I) must be displayed to the player prior to the

start of game play.