NTGC

13 Navember 2017

Via Electronic Mail: Vannice Doulou@nigc.qov

Jonodev Chaudhuri, Chairman
National Indian Gaming Commission
1849 C Street NW

Mail Stop #1621

Washington, D.C, 20240

Re: Comments on 25 C.F.R. Part 547.5 Proposed Rule
Dear Chairman Chaudhuri:

The National Tribal Gaming Commissioners & Regulators (NTGCR) welcomes the opportunity to
comment on the 25 C.F.R. Part 547.5 Proposed Rute (Proposed Rule) published in the Federal! Register by
the National indian Gaming Commission (NIGC) on September 28, 2017. As you are aware, the NTGCR is
a non-profit organization representing over seventy (70) tribal gaming regulatory agencies (TGRAs)
across the country, dedicated to the advancement of tribal gaming regulators. As part of its purpose,
the NTGCR promotes the exchange of thoughts, information and ideas which foster regulatory standards
and enforcement that lead to consistent regulatory practices and methods of operations among the
NTGCR members and may act as a gaming regulatory advisory group to tribal gaming organizations and
others. It is under these auspices that the following comments are offered for consideration by the
NIGC prior to implementation of a final rule in these matters.

The NTGCR has provided both oral remarks and written comments throughout the NIGC’s consultation
process on the Proposed Rule and submits the following additional comments for your consideration.

The NTGCR is pleased to see the NIGC has agreed to remove the impending November 10, 2018 sunset
provision for 2008 Class I! gaming systems under the Proposed Rule. Moreover, the NIGC appreciates
other modifications contained in the Proposed Rule which the NIGC made in response to comments
clarifying the specific requirements of annual reviews of 2008 systems by the TGRAs, including the
maintenance of annual review records which will be made available to the NIGC staff upon request
versus annual costly submission requirements. These meaningful changes in the Proposed Rule reflect
significant economic savings to all affected TGRAs an an annual and ongoing basis while eliminating
redundant administrative costs. The NTGCR truly appreciates the efforts of the NIGC in this rule-making

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process which has produced several effective changes to the Class Il technical standards while bolstering
the primary regulatory authority of the TGRAs,

That said, the NTGCR remains concerned in regard to the language contained in Section 547.5(g) -
Records. As previously stated, the language which remains in Section 547.5(g) of the Proposed Rule is
unnecessary and only acts to create a situation of conflict and uncertainty. Specifically, the Indian
Gaming Regulatory Act (IGRA) requirements enabling the NIGC to. have access to Class Il gaming
information that tribes hold to be confidential is sufficiently adequate to enable NIGC verification of
TGRA compliance with the Proposed Rule. Given the effective government-to-government regulatory
interaction and relationships between the TGRAs and the NIGC, confidential Class tl gaming system
information is already adequately available to the NIGC at any time upon request, is not generally made
available to the public and secure from inadvertent or other disclosures to the public. Again, it is
extremely concerning that language is added to the statute to allow for “records or portions of records"
that a tribe may deem sensitivé to be publically disclosed, even after the NIGC exercises its best efforts
to restrict access to such data under the Freedom of Information Act. To safeguard against the
possibility of tribal specific proprietary information being disclosed, the NTGCR urges removing the
second and third sentences of this subsection prior to implementing a final rule.

The NTGRC sincerely appreciates the opportunity to provide comments on the Proposed Rule which will

affect tribes and the Class !1 gaming industry for years to come. Should you have any questions, please
contact me directly at either 918,207.3848 or via e-mail at: jhummingbird@cherokee.org.

Respectfully,

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Jamie Hummingbird
Chairman

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NTGC/

Facsimile Cover Sheet

TO: 547.5 Comments ~ NIGC

FAX #: (202) 632-7066

FROM: Jamie Hummingbird

Date: November 13, 2017 # of pages: 3 including cover

Please see the attached comments on behalf of the National Tribal Gaming
Commissioners/Regulators organization.

Please contact me with any questions, comments or concerns at (918) 822-2576.

National Tribal Gaming Commissioners/Regulators
P.O. Box 454
Oneida, WE 54155
Ph: (920) 737-2814 Fax: (920) 833-0345