Miami Tribe of Oklahoma

3410 P St. NW, Miami, OK 74354 e P.O. Box 1326, Miami, OK 74355
Ph: (918) 541-1300 e Fax: (918) 542-7260
www.miamination.com

Via Email: 547.5_Comments@nige.gov and U.S. Mail
November 11, 2017

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

MS1621

Washington, D.C. 20240

RE: Comments: Proposed Rule 25 C.F.R. § 547.5 — Technical Standards, 82 Fed
Register 45288 (September 28, 2017)
Amending 25 C.F.R. 547.5
2008 Class Il Gaming Systems

Dear Chairman Chaudhuri,

On behalf of Leadership for the Miami Tribe of Oklahoma and its tribal members I would like to
extend the Tribe’s sincere appreciation for the challenging work you and your staff have
undertaken since July 2016 when the Tribes formally requested that Class II grandfathered gaming
system regulations be formally included in NIGC tribal consultation FY 2017.

As you have heard the Tribes recount through consultation, the 2008 regulation in 25 C.F.R Part
547 unfairly requires legal, lucrative Class II grandfathered gaming systems to be removed from
operation on or before November 10, 2018, or on or before that date, be replaced with Class II
systems in full compliance with provision in the Minimum Internal Control Standards (MICS).
This unfair and unjustified regulation would have cost Indian Country millions of dollars.

As you may recall, the Miami Tribe has been very proactive since 2009 addressing concerns related
to the 2008 Class II gaming systems regulations. The Tribe through its Gaming Commission
participated in the Tribal Gaming Working Group which, following nearly two years of work by
Tribes, Class Il manufacturers and test labs, presented alternative draft regulation related to
grandfathered gaming systems for NIGC consideration. In 2011, the Tribe again participated in
review of the 2008 grandfathered systems regulations in its seat on the NIGC Tribal Advisory
Committee (TAC).


Throughout this time the Miami Tribe requested, among other things, that the sunset provision for
Class II grandfathered systems be rescinded as Class II grandfathered systems present no risk to
the industry and instead were valid, profitable gaming systems with a loyal fan base.

In 2012 the NIGC concurred with Tribes related to risk concerns when it amended the minimum
technical standards to extend the sunset provision to November 2018 conceding “[T]hat the
grandfathered machines...operate with relatively few problems to the patron or the gaming
operations.” 77 Federal Register 58473, 58475 (Sept. 21, 2012). The Miami, as a sovereign tribal
government, and as the primary regulator of Class II gaming systems on its tribal lands strongly
believes that the MICS and Tribal Internal Control Standards (TICS) provide for controls which
protect the integrity of Class II gaming.

The Miami Tribe recognizes that this Commission did not promulgate Part 547 with the sunset
provision which cites an arbitrary date to trigger the end of play of safe, legal Class II gaming
systems. Instead this Commission, thorough the proposed rule, appropriately removes the unfair
and unsubstantiated sunset provision. The important work of this NIGC through the proposed rule
will save Indian Country tens of millions of dollars and allow for the continued operation of legal,
lucrative Class II gaming systems which will allow for continued valuable gaming revenues for
the Tribes and tribal people.

Again, mihSineewe for your work and for correcting a past wrong through this proposed rule.

Sincerely,

Douglas G. Lankford, Chief

Miami Tribe of Oklahoma