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Miami Tribe of Oklahoma’

P.O. Box 526~Miami, Oklahoma 74555
Ph: 918-542-445 Fax: 918-542-7260

Via Telecopier and U.S. Mail
Fax: (202) 632-7066

April 23, 2012

Chairwoman Traci Stevens

National Indian Gaming Commission
1441 L Street NW, Suite 9100
Washington, DC 20005

RE: Comments to NIGC Proposed Regulations 547 and 543

Dear Chairwoman Stevens,

The Miami Tribe of Oklahoma would like to extend its appreciation for working, with the Tribes
to create revised regulations in both Part 547 Technical Standards, and Part 543 Minimum
Internal Control Standards, which work well for Indian Country. It is clear the NIGC bas spent
significant time reviewing the recommendations of the Tribes through thc Poarch Creek
Submission; the work the TAC was able to complete between October 2011 and February 2012;
and from the Mayetta, KS and San Dicgo, CA consultations.

The Miami Tribe submits this letter to support the work and recommendations of the Tribal
Advisory Committee (TAC), specifically the recommendations made by the TAC in their
complcted review of Part 547 Technical Standards. With regard to the grandfather clause, the
Tribe strongly urges the NIGC to remove the submission date required under the grandfather
clause, Part 547. 5(a) in the NIGC proposed regulations, and remove the sunset clause in Part
547.5(b)(1), allowing for continued use of grandfathcred systems.

The imposition of these grandfather clause requirements has created and continues to create
unfair and unnecessary financial hardship on tribes concerning this legacy equipment. These
grandfather clause requirements negatively and severely impacts all Class II Tribes. Specifically
for the Miami Tribe, the grandfather clause negatively impacts our tribally-owned manufacturer,
Rocket Gaming Systems. Rocket maintains a significant number of older Class II systems that
Were not submitted for testing because they were not in use at the time the grandfather clause
regulation was implemented. This regulation imposes unfair and serious financial consequences
on Rocket should these valid Class IT systems become useless.

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In addition to the fact that (hese grandfather clause tequirements invalidate components
previously validated by federal judicial proceedings, the NIGC, in TAC mectings and in
consultation, has never been able to articulate a justification for these arbitrary dates in the
grandfather clause regulations. As such, the Miami Tribe urges the NIGC to adopt the
tecommendations of the Tribes in the Poarch Creek submission and the TAC recommendations.

Additionally, the Miami Tribe concurs with the recommendations of the Poarch Creek and TAC
changes with regard to elimination of the Tequirement for test labs to be Underwriter Laboratory
(UL) certified; elimination of the legally irrelevant requirement of preserving the contents of
entertaining displays; and climination of restrictions on pay tables. The Tribe recognizes that the
NIGC in its proposed draft of 547 eliminated the arbitrary probability standard, however, the

proposed 547.16(c) requires odds notifications that are not required by other gaming industries,
We strongly urge that this be deleted.

With regard to Part 543, the Miami Tribe supports the Poarch Creck submission and TAC
consensus of this approach, which utilized a concept of minimum regulations with safe harbor
guidance documents and checklists. The Tribe acknowledges the NIGC’s work to revise and
reformat the regulations using the Poarch Creek proposal for new sections and use of much of
the Poarch Creck guidance document language. The Tribe feels that overall, the proposed 543 is
a better document, however the Tribe urges the NIGC to revicw the detailed comments from the

Tribal Gaming Working Group (TGWG), which will identify specifics to be revicwed for a
better document.

In closing, the Miami Tribe would like to thank the NIGC again for requesting and considering
Comments from the Tribes in connection with these documents. Under IGRA, Tribes are the
primary regulators of Class Il gaming and we appreciate the NIGC ucknowledging the
experience and expertise of Tribes in tribal gaming,

Best regards,

D-E>L,

Thomas E. Gamble, Chicf

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