St. Croix Chippewa Indians of Wisconsin

- 24663 Angeline Avenue * Webster, WI 54893 (715) 349-2195 » Fax (715) 349-5768

May 25, 2011

Kathy Zebell

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

Re: NIGC Consultation Policy

I write on behalf of the St. Croix Chippewa Indians of Wisconsin, concerning
the NIGC’s consultation policy. We commend the NIGC for its revised consultation

policy. The policy as it is written complies with Executive Order 13175,
Consultation‘and Coordination with Tribal Governments. The consultation policy
is a positive step forward to foster respectful and meaningful Government-to-
Government consultation between Tribal Governments and the NIGC.

We remain concerned however that the NIGC, as a commission within the
Department of the Interior, should follow the administrative rules for all, Federal
agencies, including: a

¢ Executive Order 12866, Regulatory Planning and Rulemaking (recently
amended by Executive Order 13497 to restore the Vice President’s
oversight responsibilities);

e The Unfunded Mandates Act;

e The Regulatory Flexibility Act; and
The Federal Advisory Committee Act.

We respectfully request that the draft policy on consultation be amended to
incorporate the requirements of these federal laws and policies. By failing to
adhere to these federal laws impacting tribal consultation, the NIGC’S
RECENT PROCESS ON REGULATORY RULEMAKING WAS
DEFECTIVE. For example, the 2009 Facility Licensing rules were
promulgated with only a 45-day comment period. The facility licensing
regulation should be withdrawn and revised to be consistent with the IGRA
and re-issed for consultation with Indian Tribes. Concerning the Class I
regulations, the NIGC did not provide for tribal gaming regulatory review
and did not make any of the reasonable changes recommended by tribal

governments.
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Lewis Taylor Beverly Benjamin David “Maabin” Merrill — Elmei. Emery \|\V}{_ Jeanne Awonohopay
Tribal Chairman Tribal Vice-Chairwoman Secretary/Treasurer Representative |: Representative

Big Sand Lake Community Danbury Community Round Lake Community Big Sand Lake Community Maple Plain Community


Cont’d: May 25,2011 __Itr Kathy Zebell (NIGC).

In the past when an Indian tribe has identified an operational concern
or regulatory issue, the NIGC has reacted by issuing a Notice of Violation
which inhibits further Tribal cooperation. Instead, the NIGC should send an
initial letter of inquiry detailing their concerns and work with Tribes to
assure tribal regulatory compliance without imposing fines or unnecessary
penalties.

We appreciate the steps you are currently taking with regards to
consultation. The St. Croix Chippewa Indians of Wisconsin believes the
NIGC’s new approach is a reflection of the fact that while the NIGC may
have approximately 100 regulators, Tribal Governments employ more than
3,000 tribal regulators and regulatory staff. Therefore, it is imperative that
the NIGC should act to promote best practices for Indian gaming regulation,
assist tribal governments to build strong tribal regulatory agencies, and
promote voluntary compliance with Indian Gaming Regulations.

Thank you for your thoughtful consideration of this comment.

Sincerely,

Croix Chippewa Indians of Wisconsin

ce: E.Stevens, Jr. NIGA

M.VanNorman, NIGA
J.Giles, NIGA
St.Croix Tribal Council Members
File
ST. CROIX CHIPPEWA G3
JNDIANS OF WISCONSIN Page 2. of 2.
LEWIS TAYLOR
Tribal Chairman
Croix Tribal Center
Cea These 308 “pas Arie ve
Fax: 715-349-7204 Webster,