5508249000 P.01/01 

TRANSACTION REPORT 

NOV/15/2017/WED 04:10 PM 

FAX(TX) 

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Quapaw Tribal Gan1ing Agency 

P.O. Box 405 

Quapaw, OK 74363 

Phone: (918) 919.-6020 

Fax: (918) 919-6029 

FAX FORM 

11/15/17 

TO: NIGC - COlVCMENTS FAX#: 202/632 .. 7066 

ATTN: -~C.._O.;;..N.IME _____ N_T_S_to ........... NI ...... G ............. C...... RE_• : ...... P"""""r_op._o_s_ed_R_u_le_o ...... f_2_5 ..... C ...... F ..... i.R~S-=17..;.._. 

(202) 632-7066 Proposed revisions to its FOIA regs 

FROM: Barbara Kyser Collier, Executive Director 

(918) 919-6030 

FAX#: (918) 919-6029 

Quapaw Tribal Gaming Agency 

P.O. Box 405 

Quapaw, OK 74363 

NUMBER OF PAGES (including cover) ___ 4 _________ _ 

REMARKS: We received an email the NIGC is having some technical 

issues with yout email, so we are faxing. Further, we are sending the original 

harclcopy in the mail, just to ensure your office receives a copy of our fax in 

this matter. 

Tht:PORTANT NOTICE: This communication, including any attachments with 

it, is for the designated recipient only and may contain information that may be 

confidential or privileged, and is intended only for the entity or individual to whom 

it is addressed. If you are not the intended recipient, you should delete this 

messai:re and are herebv notified that anv disclosure. convini;r_ or clistrihut.1on of th1~ 
Quapaw Tribal Gaming Agency 

P.O. Box 405 

Quapaw, OK 74363 

Phone: (918) 919-6020 

Fax: (918) 919-6029 

FAX FORM 

TO: NIGC - COMMENTS FAX#: 202/632-7066 

ATTN: COMMENTS to NIGC RE: Proposed Rule of 25 C.F.R 517 

(202) 632-7066 Proposed revisions to its FOIA regs 

FROM: Barbara Kyser Collier, Executive Director 

(918) 919-6030 

FAX#: (918) 919-6029 

Quapaw Tribal Gaming Agency 

P.O. Box 405 

Quapaw, OK 74363 

NUMBER OF PAGES (including cover) __ __..;..4 _________ _ 

REMARKS: We received an email the NIGC is having some technical 

issues with your email, so we are faxing. Further, we are sending the original 

hardcopy in the mail, just to ensure your office receives a copy of our fax in 

this matter. 

IMPORTANT NOTICE: This communication, including any attachments with 

it, is for the designated recipient only and may contain information that may be 

confidential or privileged, and is intended only for the entity or individual to whom 

it is addressed. If you are not the intended recipient, you should delete this 

message and are hereby notified that any disclosure, copying, or distribution of this 

message is strictly prohibited. Nothing in this FAX, including any attachment is 

intended to be a legally binding signature. Thank you. 
November 15, 2017 

Mr. Jonodev Chaudhuri, Chainnan 

National Indian Gaming Commission 

1849 C Street NW 

Mail stop # 1621 

Washington, DC 20240 

QUAPAW TRIBAL GAMING AGENCY 

P. 0. Box 405 •Quapaw, OK 74363 

Phone: 918-919-6020 

Fax: 918-919-6029 

Re: Comments on October 17, 2017 Notice of Proposed Rulemaking Amending 

FOIA 

Procedures in 25 C.F.R. Part 517 

Dear Chairman Chaudhuri: 

On behalf of the Quapaw Tribal Gaming Agency, we hereby submit the following comments on 

the National Indian Gaming Commission's ("NIGC'') Notice of Proposed Rulemaking 

("Proposed Rule") issued on October 17, 2017' containing proposed amendments to 25 C.F .R. 

Part 517 ("Part 517"), Freedom of Information Act ("FOIA") procedures for the NIGC. The 

United States Congress has amended FOIA twice since the last comprehensive revisions to Part 

517 on April 19, 2006.2 We are pleased that the NIGC is now willing to take up the important 

task of updating Part 517 to reflect the latest amendments to FOIA, and we applaud the NIGC's 

efforts to bring greater clarity and transparency to the FOIA process. 

While we generally support the NIGC's efforts to streamline FOIA processing, we are very 

concerned with the proposal to remove the term "record" from the definitions section of the 

regulation. It is unclear to us whether this action was due to an oversight or an intentional 

omission since the Proposed Rule does not provide any explanation for this proposed change. 

Nonetheless, we find the proposed removal of such a critical definition to be deeply troubling. 

The tenn is not only used repeatedly throughout Part 517, but is the very term that describes 

what is being sought in a FOIA request. The te1m, is, therefore, essential to understanding and 

interpreting the NIGC's FOIA process. We note that under FOIA, agencies are given the 

discretion to develop their own definitions of "record," and that most agencies, including the 

U.S. Department of the Interior,3 have adopted specific definitions of "record" in their FOIA 

procedures. 

1 Freedom of Information Act Procedures, 82 Fed. Reg. 48205 (Oct. 17, 2017). 2 Freedom oflnformation Act Procedures, 71 Fed. Reg. 20006 (Apr. 19, 2006). 3 43 C.F.R. § 2.70 (2016). 
We believe the NIGC's current definition of " record" in 25 C.F.R. § 5 l 7.3(h) appropriately 

describes the scope of materials accessible via a FOIA request to the NIGC. We, therefore, urge 

the NIGC to retain the existing definition of "record" in order to ensure that the final rule 

properly defines the scope of information that will be subject to the FOIA processes contained 

therein. 

In closing, we would like to thank you for this opportunity to share our views and comments on 

the proposed changes reflected in the Proposed Rule for Part 517. We respectfully seek your 

favorable consideration of our c01mnents and ask that you carefully consider our views and 

concerns as you move through the rulemaking process. 

Please do not hesitate to contact us if we can provide any additional information. 

Sincerely, 

ddi~U V d,'J{'V Y!U!z;_, 

Barbara Kyser-Collier 

Director, Quapaw Tribal Gaming Agency