New York for a Class III Gaming Compact. This problem has now
become even worse because, New York has now legalized casino
gaming in a number of locations within the State, leaving little
incentive for the Governor to work with us to reach agreement on a
Compact, as previous Governors have done with the Oneidas, the

Mohawks, and the Senecas.

As a result of this problem, the Cayuga Nation supports any efforts

by the NIGC to expand the use of technology in Class II gaming.

We are particularly interested in the Commission’s proposed re-
interpretation on Electronic One Touch Bingo.

In 2008, the Chairman of the NIGC disapproved an ordinance
amendment on a Class II bingo game that did not require players to
“cover” the numbers on their cards.

In June 2013, the NIGC issued a Request for Public Comments
regarding a possible re-interpretation of this position, so that
players can comply with a bingo number “cover” requirement by
only one touch of a button and with the assistance of the gaming
device.

The Cayuga Nation supports this re-interpretation as being

consistent with the IGRA requirements for Class I] gaming. And


allocates responsibilities and duties for monetary compensation in
operating and managing a facility.

e The approval of a management contract, by itself, has absolutely

/ no significant effect on the human environment. For this reason.

| the NIGC should agree to exclude all management contracts from

any type of environmental review under NEPA.

e Many gaming facilities are approved by the Interior Department
through the trust land process, which triggers a NEPA review. It is
burdensome and duplicative to also require a NEPA review again
for any Tribe or Nation that seeks to use an outside management
company.

Use of Technology

e Let me turn to the second issue you requested comments on in your
press release announcing these consultation sessions. In your
release, you asked about technological advances in Indian gaming
and the importance of the NIGC staying abreast of these advances
in its role as a regulator.

e AsI mentioned before, the Cayuga Nation owns a Class II facility
on our reservation lands. As I am sure you are aware, it has been

very difficult for us to engage in negotiations with the State of


since these games are played on bingo devices that are linked
together electronically, any improvements to the play of these
games broadens player participation, which is one of the Act’s
goals.
The ability to play One Touch Bingo is also consistent with the
legislative history of IGRA, where the Senate Report stated that
tribes should have “maximum flexibility” to take advantage of the
use of technology.

Conclusion
Commissioners, thank you for having this consultation session and
for listening to the views of the Cayuga Nation and other Indian
governments interested in the issues you raised in your press
release.
Again, the Cayuga Nation appreciates the professional relationship
we have with the Commission and its staff and we look forward to
continuing to work together to improve the rules affecting Indian

gaming.


Recered x)>] all
Las Ves Cos eden
S

3/13/2014

Presentation of Tim Twoguns, Chairman, Cayuga Nation Class II Gaming
Commission

© Greetings from the Cayuga Nation of New York. My name is Tim
Twoguns and I am the current Chairman of the Cayuga Nation
Class II Gaming Commission. I also serve on the Cayuga Nation

Council, representing the Turtle Clan of my people.

e The Cayuga Nation operates a Class II gaming facility on our
reservation lands in Union Springs, New York. We have an
excellent relationship with the NIGC and its very capable staff.
We appreciate the Commission organizing this consultation

session with Indian nations engaged in gaming activities.

e The Cayuga Nation has the following comments to make regarding
the two issues raised by the NIGC in its press release announcing

this consultation process:


Management Contract Approvals

e The first issue discussed by the Commission is how it should
ensure that its major decisions comply with the requirements of the
National Environmental Policy Act, or “NEPA.”

e Ina Notice issued in December 2009, the NIGC announced that
only one of the regulatory decisions it has to make requires an
environmental review under NEPA, by being a “major Federal
action.” This major Federal action by the NIGC is the approval of
management contracts for Indian gaming facilities under the Indian
Gaming Regulatory Act.

e Under NEPA, the NIGC typically can use one of three levels of
environmental review of a management contract, in order to satisfy
its responsibilities under NEPA.

e First, it can require the preparation of an Environmental Impact
Statement, which is a very rigorous, lengthy, and expensive
process that can take more than 2 years to complete. To our
knowledge, the NIGC has only required an Environmental Impact
Statement in only 2 management contract approvals over the past

20 years.


e Second, it can require the preparation of an Environmental
Assessment, which is more streamlined environmental review
process. According to the NIGC’s website, this type of
environmental review has been required in 27 management
contract approvals by the Commission.

e A third choice is to decide to exclude a management contract from
any type of environmental review. This is called a “categorical
exclusion” and the NIGC has excluded at least 9 management
contracts from NEPA review, according to the Commission’s
website.

© The NEPA standard for triggering an environmental review of a
Federal decision is whether the action or decision will “have a
significant effect on the human environment.”

e Inthe view of the Cayuga Nation, the approval of a management

contract does NOT have a “significant effect” on the human

environment. As stated in IGRA, a management contract is an
agreement between an Indian tribe and another entity who will
assume the responsibility for the operation and management of a

Class II or Class III gaming facility. It is a simple document that