NWX-DOI NTL BUSINESS CENTER

Moderator: Jonodev Chaudhuri

10-30-17 / 12:00 pm CT

Confirmation # 5627855

Page 1

NWX-DOI NTL BUSINESS CENTER

Moderator: Jonodev Chaudhuri

October 30, 2017

12:00 pm CT

Coordinator: Welcome, and thank you for standing by. At this time, participants will be on 

a listen-only mode until the question and answer portion. If at that time you 

would like to ask a question press Star one.

Today's conference is also being recorded. If you have any objections, please 

disconnect at this time. And now I would like to turn the call over to your 

host today, to Mr. (Jonodev Chaudhuri), Chair of the NIGC.

(Jonodev Chaudhuri): Thank you. And good afternoon. And good morning as the case may be 

to everybody who's joining us online. My name's (Jonodev). I'm going to 

turn it over to my fellow commissioners here in a moment but I want to thank 

each and every one of you for taking the time out of your day to join us on this 

important consultation.

Today's consultation is the continuation of an ongoing discussion that the 

NIGC has had with Indian Country and Indian Gaming stakeholders dealing 

with our Part 547 Sunset Provisions. Quite a bit of headway has been made 

through the - that ongoing discussion. But today's discussion is part of our 
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Moderator: Jonodev Chaudhuri

10-30-17 / 12:00 pm CT

Confirmation # 5627855

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commitment to formal consultation -- active and meaningful consultation --

and for that we thank you for taking the time to join us today.

At this point I'm going to turn the call over to our Vice Chair, Ms. (Kathryn

Isom-Clause).

(Kathryn Isom-Clause): Thank you. This is (Kathryn Isom-Clause). As Chairman

mentioned, I'm Vice-Chair of the Commission and I am from Taos Pueblo.

Today we'll keep our opening comments a bit more brief than usual because 

we only have the one topic today.

This topic is a continuation of our consultation series from earlier this year.

And from - over quite a bit of time that we've been speaking with tribes over 

the years about this issue. So it's very important to us to continue the 

dialogue. And we hope that making it a telephone conference is a little bit 

easier on folks logistically.

And we really appreciate you being here with us today. I will now turn it over 

to Commissioner (Simermeyer) for some further remarks on consultation.

(Sequoyah Simermeyer): Thanks Vice Chair and Chairman. And thank you everyone who's 

joined today. I'm (Sequoyah Simermeyer), I'm a member of the Coharie tribe 

from North Carolina.

And want to join my fellow Commissioners in saying welcome and thank you 

for participating on this session. We've -- as they have mentioned -- has been 

an ongoing dialogue. And we just want to reiterate that for me -- and I know 

for my colleagues too -- it's an important part of making the decision making 

process to have durable results and to be able to be responsive to all the needs.
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Moderator: Jonodev Chaudhuri

10-30-17 / 12:00 pm CT

Confirmation # 5627855

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So we want to thank you. And appreciate the time and effort that went into 

preparation both with our colleagues here in the - at the Agency and out in 

Indian Country with the leadership and the representatives. 

(Jonodev Chaudhuri): Thank you Commissioner and Vice Chair. So let me provide some 

additional background. At NIGC we always strive to be as respectful of and 

supportive of the primary regulators of Indian Gaming, namely native tribes.

Tribal nations.

Internally, we also recognize that the primary movers and shakers at the 

Agency -- which is the wonderful team that we have from top to bottom at 

NIGC -- and we have some important representatives of that team here with 

us today to assist with this consultation. First and foremost, we have Mr. 

(Mike Honnet) our general counsel. He's joined by an attorney from his 

office, Mr. (Austin Badger) -- otherwise known as The Texas Badger -- to 

assist as a subject matter expert on today's call.

And we're also joined by our Chief of Staff, Ms. (Christina Thomas). So at 

this time I'm going to turn it over to our Chief of Staff -- (Christina Thomas) -

- to provide a few housekeeping items. Or to discuss a few housekeeping 

items. Thanks.

(Christina Thomas): Thank you Chairman. Good afternoon or good morning, depending on 

where you're at. So just a couple of things before we get started on the 

information regarding 547. Today's consultation is scheduled to go till 4 pm.

We may go ahead and finish up early if we conclude all Q and A portion at 

the end of this.

Just so everybody knows, the meeting is transcribed. So if you do ask a 

question we ask that you state your name and the organization that you're with 
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Moderator: Jonodev Chaudhuri

10-30-17 / 12:00 pm CT

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prior to the question. And as a reminder the comment period on the NPRM

for this concludes on November 13, 2017.

So with that I am going to turn it over to (Austin Badger) to give the 

presentation today.

(Austin Badger): All right, thank you (Christina). And just a little background on the technical 

standards. In 2008 the Commission first issued Minimum Technical 

Standards for Class Two gaming systems and equipment.

The technical standards were designed to assist tribal gaming regulatory 

authorities and operators with ensuring the integrity and security of Class Two 

gaming, the accountability of Class Two gaming revenue, and provide 

guidance to equipment manufacturers and distributors of Class Two gaming 

systems.

In - the 2008 Commission understood however that some existing Class Two 

gaming systems might not meet all of the requirements of the technical 

standards immediately. Therefore -- to avoid any potentially significant 

economic and practical consequences of requiring immediate compliance --

the Commission implemented a five-year sunset period, which allowed 

eligible gaming systems manufactured before November 10, 2008 to remain 

on the gaming floor.

The Commission subsequently extended its sunset provision until November 

10, 2018. With that date now approaching, the Commission believes it 

appropriate to include the minimum technical standards -- and in particular the 

sunset provision -- as a topic for consultation.
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The Commission issued a discussion draft on June 14, 2017. Significant 

portions - significant highlights of the discussion draft included removal of the 

sunset provision requiring all player interfaces to have a date of manufacture 

before November 10, 2008, providing that TIGRAs would conduct an annual 

review of 2008 systems to determine what component modifications would be 

necessary to approve the system as compliant with the standards for newer 

systems.

(And) providing that all modifications to a Class Two gaming system be 

tested to the standards for newer systems, and providing that TIGRAs 

determine whether -- based on the testing lab report -- the modification could 

be approved as either maintaining or advancing the system's compliance with 

the technical standard.

The proposed rule -- which was issued on September 28, 2017 -- included 

additional changes responsive to the comments received through consultation 

and written comments received. The proposed rule removes the discussion 

draft requirement that all player interfaces for (2008) systems have a date of 

manufacture before November 10, 2008.

This was in recognition that -- between 2008 and the present -- player 

interfaces may have been replaced or upgraded with newer player interfaces.

The proposed rule also clarified that the annual review of 2008 systems is 

intended as a review of existing testing laboratory reports associated with the 

2008 system components.

The proposed rule also clarifies that systems manufactured before November 

10, 2008 -- which has subsequently been approved as fully compliant -- are no 

longer subject to the 2008 system provisions. And again, comments continue 

to be solicited through November 13, 2017.
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Moderator: Jonodev Chaudhuri

10-30-17 / 12:00 pm CT

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(Jonodev Chaudhuri): Thank you (Austin). So I think we'll turn it over to the moderator at this 

point, who will discuss the format of our Q and A today. But before we 

begin, I - oh I mean I recognize that some folks may not be able to stay for the 

entire consultation today.

If anybody needs to get an opening statement on the record, please let the 

moderator know as quickly as possible and we'll try and work that in as 

quickly as possible. So we'll turn it over to the moderator at this time. 

Woman: (Melissa).

(Jonodev Chaudhuri): (Melissa). Thank you.

Coordinator: Yes, sir. Thank you. For Q and A if you would like to ask a question please 

remember to press Star one and record your name clearly. To withdraw your 

questions, you may press Star two.

Again, as reminders to ask a question please press Star one and record your 

name. Thank you. At this time, I'm showing no questions.

(Jonodev Chaudhuri): Well. As we always say at these consultations, there's no crime in 

finishing early. We take the lack of questions as, you know, as part and parcel 

of the fact that we've been discussing these issues with Indian Country for 

better part of two years now.

And we're excited about the draft, we think it's the product of many robust 

discussions. And we look forward to moving on to the next step.

Coordinator: Excuse me sir, we do have one question that just came in.
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Moderator: Jonodev Chaudhuri

10-30-17 / 12:00 pm CT

Confirmation # 5627855

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(Jonodev Chaudhuri): Go ahead (Melissa).

Coordinator: Thank you, one moment. And sir, they did press Star one to ask their question 

however they did not record their name. If you did press Star one, please ask 

your question. Please check your mute button.

(Matthew Morgan): Yes, this is (Matthew Morgan). Sorry for joining you a little bit late. I am 

with the Chickasaw Nation. Also serve as Vice Chair of the Oklahoma Indian 

Gaming Association. And Chair of the NIGA Class Two Sub-Committee.

Mr. Chairman, I have more of a statement than a question, but I just want to 

thank you for your efforts on this issue. And being so open to discussion on 

something that's long been a sticking point to the Class Two industry.

I am actually here at the beautiful River Spirit Casino this morning having an 

OIGA meeting with many of the tribal leaders in Oklahoma. And stepped out 

for a moment to be on this call and to express their thoughts. And everybody 

was in agreement in our executive committee that we look forward to this 

issue moving forward.

It's, you know, Class Two is a very important issue in Oklahoma. And you 

know, it's something that we feel like we do a great job on. And we're -- again 

-- thankful for you being so open to this discussion. And look forward to this 

rule becoming finalized and returning the authority for regulating all of Class 

Two back to the primary regulators, the tribes. 

So thank you again Mr. Chairman.
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Moderator: Jonodev Chaudhuri

10-30-17 / 12:00 pm CT

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(Jonodev Chaudhuri): And thank you Mr. (Morgan). I think I can speak for all of us that we 

absolutely appreciate the involvement of the sub-committee members and all 

tribes who engage in Class Two gaming.

And while we may not always agree on every fine point, I appreciate the 

respect and openness that all parties have engaged in in this important 

discussion. So thank you for that, Mr. (Morgan).

Coordinator: And with that sir, I'm showing no further questions.

(Jonodev Chaudhuri): Well with that we will close at this time. And we thank everybody for 

their ongoing participation. I do want to remind everybody about the NPRM 

comment deadline, which is November 13. And is there a separate deadline 

for the consultation comments? Or no, okay.

Woman: No.

(Jonodev Chaudhuri): Please keep in mind the November 13 NPRM comment deadline. With 

that we'll close, and thank you.

Coordinator: Thank you. And this does conclude today's conference. All parties may 

disconnect.

END