1 NATIONAL INDIAN GAMING COMMISSION

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 PORTLAND REGION

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4 REGULATORY REVIEW CONSULTATION

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9 LITTLE CREEK RESORT & CASINO

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11 February 16, 2012

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13 Shelton, Washington

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25 Job No. NJ381812

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1 BE IT REMEMBERED that on Thursday, February

2 16, 2012, at Little Creek Resort & Casino, 91 West State

3 Route 108, Shelton, Washington, at 2:50 p.m., before

4 BARBARA L. BRACE, CCR, RPR, Certified Court Reporter, the

5 following proceedings were had, to wit:

6

7 <<<<<< >>>>>>

8

9 CHAIRWOMAN STEVENS: So now we will

10 need everybody to speak into the microphone. You'll need

11 to state your name and which tribe you're with if you

12 have comments.

13 So what we'll do is move on to Group 4, and that

14 should be next in line in your packet.

15 MR. ROBERTS: We're going to talk

16 about Parts 556 and 558 dealing with the background

17 investigations and then gaming licenses for key employees

18 and primary management officials, and then also Part 537,

19 background investigations for those entities that have a

20 financial interest in or responsibility for a management

21 contract.

22 All of these proposals were published on December

23 22, and so the comment period closes very shortly, next

24 week.

25 So 556 attempts to formalize what the Commission had

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1 been doing with the pilot program for some time, and the

2 Commission circulated a preliminary draft for comments

3 from tribes. Part 556 includes all the procedures before

4 a gaming license is issued.

5 Basically, 556.6 provides for NIGC to receive

6 notification of background results within 60 days of

7 someone starting work. The proposed rule clarifies that

8 tribes with the access to prior investigative materials

9 from a different tribe could use those materials or

10 update those materials if they receive them from another

11 tribe or NIGC.

12 Part 558 includes all the procedures after a gaming

13 license is issued, and so it provides for a notification.

14 After a notification of results, the tribe can license a

15 key employee or primary management official and that the

16 tribe notify NIGC within 30 days of the license. NIGC

17 then has 30 days to request additional information.

18 If a license is issued prior to objection, then the

19 licensee has a right to a notice of hearing. The tribe

20 must suspend the license until the hearing, and then

21 following the hearing the tribe notifies NIGC of its

22 licensing decision.

23 You'll see in here in 558.3, we're asking if a tribe

24 doesn't license a particular applicant that the tribe

25 must notify NIGC and provide NIGC a copy of the

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1 eligibility determination and investigative report if

2 they don't license an applicant.

3 So 556 and 558, the proposed rule is intended to

4 basically formalize what has been the pilot program which

5 most tribes throughout the country are already operating

6 under. So if there are any comments or questions on the

7 proposed rule, I'll be happy to hear those.

8 CHAIRWOMAN STEVENS: If we can get a

9 microphone over here.

10 MR. MATHERLY: Andrew Matherly,

11 Spokane Tribe.

12 Under 556.3, we recommend changing the proposed part

13 to require the tribe to forward information to the NIGC

14 only if the tribe denies the license and not if the tribe

15 simply does not license the applicant.

16 MR. ROBERTS: To clarify --

17 MR. MATHERLY: It's actually 558.3.

18 Sorry.

19 CHAIRWOMAN STEVENS: Just to be clear,

20 only upon denial?

21 MR. MATHERLY: We'll have that in our

22 comments.

23 CHAIRWOMAN STEVENS: Okay. Great.

24 Any other comments on licensing?

25 Okay. Again, this is open until February 21, if you

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1 need to take this back and put together written comments.

2 We welcome them.

3 We'll move on to Part 537.

4 MR. ROBERTS: Okay. So during the

5 regulatory review process, one of the comments that the

6 Commission heard from tribes is providing a mechanism to

7 streamline the process for background investigations for

8 those parties that have a financial interest and are

9 having management responsibility for a management

10 contract for certain entities. And currently under 537,

11 some entities, the Chair already has that discretion.

12 The proposed rule provides further discretion to the

13 Chair to reduce the scope of the background information

14 for tribally-owned entities, for national banks and for

15 other institutional investors that are already either

16 federally regulated or required to undergo background

17 investigations and licensure pursuant to either state law

18 or tribal-state compact.

19 So what this -- it's a relatively short change, but

20 the change is to -- if those entities already have

21 background -- had their background investigated or have

22 already received a license from another state entity,

23 let's say, or pursuant to a tribal-state compact, that if

24 this -- if this individual comes before the Commission,

25 that the Chair has the discretion to reduce the scope

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1 based on that other information.

2 So in some comments that we've received during

3 consultations, we've received some tribes basically

4 saying that we should provide more detail in here, that

5 we should detail, try to clarify more which particular

6 entities this would apply to. Right now we've tried to

7 identify those that are tribally-owned entities.

8 So if there are any comments on this, I don't know

9 if folks have had problems with the management contract

10 process or the length of time it takes, but the idea is

11 if they've already -- if the entity has already gone

12 through, let's say, licensure by a state on gaming

13 issues, that NIGC could reduce the scope and rely on some

14 of that information from the licensor pursuant to a

15 tribal-state compact.

16 MR. HARJU: Phil Harju from the

17 Cowlitz Tribe.

18 Under 537.3, fees for background investigations, do

19 you have a schedule for that? It just says "as follows,"

20 and then dot, dot, dot.

21 MR. ROBERTS: Yeah. It should already

22 be in our --

23 MR. HARJU: It's not changing any

24 existing fees?

25 MR. ROBERTS: This is the only change.

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1 MR. HARJU: Okay. It would be

2 pursuant to your current fee schedule for backgrounds?

3 MR. ROBERTS: Right.

4 MR. HARJU: Thank you.

5 MR. ROBERTS: Okay. We'll move to

6 Part 518, Self Regulation of Class II Gaming. This is

7 the last part for consultation for today. The proposed

8 rule was issued at the end of January, and the comment

9 period closes beginning of April.

10 The current rule focuses on the gaming operation.

11 The proposed rule attempts to shift the focus not so much

12 from the gaming operation itself but to the tribe's

13 gaming regulatory agency. We've tried to streamline some

14 information. So if we already have that information,

15 tribes don't have to submit it again as part of Part 518

16 if we already have it.

17 We're trying to maintain, obviously, the existing

18 standards but making the process more accessible to all

19 tribes, and how we've done that is with the submission

20 requirements.

21 So in the proposed Rule 518.4, we have a history of

22 gaming operations. We ask for the organizational chart,

23 the employment criteria of the TGRA regulators, funding

24 description, a list of TGRA regulators, a description of

25 the gaming operations accounting system, some of the --

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1 listing the internal controls, the record-keeping system,

2 providing the tribe's current gaming regulations if

3 they're not already included in the approved tribal

4 gaming ordinance.

5 Again, we've tried to remove the requirement to

6 submit the ordinance and the facility license if we

7 already have that information. That's what this proposed

8 draft does.

9 518.5 lists the criteria that must be met to satisfy

10 Part 518 and to receive a self regulation. This is based

11 on the statutory language of IGRA. The criteria that

12 must be met that the tribe has adequate systems for

13 accounting of revenues, investigations, enforcement at

14 prosecution of violations.

15 And then 518.5(b) lists examples of how a tribe can

16 illustrate that it has met those criteria. There is a

17 long list of examples. They're examples only.

18 One of the -- I guess one of the more noteworthy

19 changes in 518.7 is the process for review of those

20 petitions. Basically, the Commission right now --

21 currently the Office of Self Regulation handles most of

22 the process.

23 This would instead provide a process where, within

24 120 days of application, the office provides a

25 recommendation and report to the Commission and to the

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1 tribe.

2 The tribe has 30 days to respond to that report, and

3 then the Commission itself reviews the report and issues

4 preliminary findings, and the tribe can then request a

5 hearing before the Commission after receiving those

6 preliminary findings.

7 The Commission then issues a final decision within

8 30 days after the preliminary findings or a hearing if

9 it's requested, whichever is later. And the regulation

10 makes clear a tribe may withdraw a petition at any time

11 prior to a final decision.

12 We received comments that again the Commission

13 itself should consider the petitions, and so the proposed

14 rule attempts to make that change with the Commission

15 issuing preliminary findings and making final

16 determinations.

17 And we received general comments that the process

18 should basically facilitate collaboration, so that if a

19 tribe is not able, let's say, at the time of the petition

20 to meet a certain criteria, that the tribe and NIGC are

21 working together through technical assistance to

22 petitioning tribe through the process, so that through

23 that technical assistance they can achieve the criteria.

24 One of the more other significant changes in this is

25 518.10. Right now the regulations require an annual

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1 report to be submitted by the tribe.

2 This has changed a little bit, and what we've -- the

3 proposed change is that an independent audit and then a

4 resume for all employees of the tribal regulatory body --

5 for the tribal regulatory body hired and licensed by the

6 tribe after receiving the notice of self regulation.

7 This tracks more closely to the language of IGRA

8 itself. IGRA doesn't speak to an annual report. It

9 speaks to a license of all employees -- not a license, a

10 resume of all employees. So this proposed draft, the

11 Commission has proposed interpreting the phrase "all

12 employees" to mean all the employees of the tribal

13 regulatory body.

14 So the annual reporting requirement or the annual

15 report itself, while we've removed that, 518.11 makes

16 clear that the tribe has a continuing duty to inform the

17 Commission of any change in circumstances material to the

18 approval. And so given that a tribe already has this

19 duty to notify or inform a change in circumstance, that

20 the annual report itself was removed.

21 We did receive some comments asking the Commission

22 to define "tribal regulator." This proposed rule does

23 not do that. I think one of the issues that the

24 Commission was considering is that every tribe is

25 defining tribal regulator differently, and so we have

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1 not -- the Commission has not made that definition in

2 this proposed rule.

3 We received comments on -- it was unclear and

4 overbroad what powers NIGC has during the period of self

5 regulation. We've provided -- the proposed rule just

6 provides reference to the statutory language of IGRA.

7 Some comments suggested removing the section

8 altogether or just reiterating the statutory language.

9 For the proposed rule, the Commission decided to move

10 forward with a reference to IGRA.

11 And that's a general overview of the Part 518. Are

12 there any comments or questions?

13 CHAIRWOMAN STEVENS: Just for general

14 purposes, currently there are only two tribes across the

15 country that are self regulated for Class II. They're

16 certified to be.

17 What we heard when we came in the office was that

18 there were a number of tribes that were interested in

19 becoming self regulated for Class II but that the

20 submission requirements in the annual report were

21 overburdensome and really not worth it.

22 So in response to this interest and comments we

23 received so far, this reflects some of the thoughts that

24 have -- and ideas that have been given to us by tribes.

25 So comments on this one close on April 2nd, so we

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1 have some time. Please do these. And if you have

2 written submissions, please make them.

3 If there are no -- sort of a last call. Last call.

4 Our next consultation will be in Albuquerque next

5 week, February 22, at the Isleta Hard Rock. We are

6 planning more in March so that we can get to some other

7 areas while we have comment periods open for those parts

8 that are due on April 2nd.

9 MR. BARR: Which tribes are self

10 regulated?

11 CHAIRWOMAN STEVENS: Grand Ronde and

12 Menominee.

13 MR. MATHERLY: Andrew Matherly,

14 Spokane Tribe.

15 What's the status on the Class III MICS? What's

16 NIGC's position, withdrawing them or discussing them?

17 CHAIRWOMAN STEVENS: We don't know

18 yet, we're so busy right now. We're up to here with 547

19 and 543 for Class II.

20 You'll notice on the bottom of your agenda it states

21 that Group 3 -- originally when we started back in April,

22 we had Part 547, Technical Standards. And all Minimum

23 Internal Controls that are now under 543 have been put

24 over into a Tribal Advisory Committee.

25 I can tell you the status of the Tribal Advisory

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1 Committee's work. They started with the Class II

2 portions where there was clear interest from tribes that

3 we address those immediately because Class II Minimum

4 Internal Control Standards have been sort of in abeyance

5 for a number of years, and tribes have expressed a strong

6 desire to have those finished up and done, and 547 as

7 well.

8 So the tribal committee was formed. They started in

9 October or November -- no. October. Sorry. And they

10 have been meeting and reviewing 543 for Class II MICS and

11 547.

12 They've just yesterday sent us their final

13 recommendations on 543, Minimum Internal Control

14 Standards for Class II, and had previously in January

15 sent us their final recommendations for Technical

16 Standards, 547.

17 So we haven't gotten to that question yet. We

18 wanted to get to the things that we know that were clear

19 to us and were strongly supported by tribes that we make

20 a priority, so we will certainly keep you updated as we

21 address that issue.

22 MR. MATHERLY: I don't see it as a

23 priority. I'm just saying. Just delete it.

24 CHAIRWOMAN STEVENS: So we embarked on

25 a pretty hefty agenda, and you see that in all these

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1 consultations and these regs that are coming out trying

2 to address concerns for tribes, especially for Class II

3 MICS because they have just been in limbo, and you all

4 have just been in limbo for Class II, and we want to

5 address that.

6 MR. DANIELS: Melvin Daniels,

7 Muckleshoot.

8 Are those recommendations that the committee

9 forwarded available?

10 CHAIRWOMAN STEVENS: Yes. They'll be

11 up on the Web site at some point. I'm not sure if

12 they're there yet or not.

13 And just -- it's an advisory committee, and the

14 Commission will review and consider their recommendations

15 and take them under advisement so that we can make a

16 fully informed decision about those regulations, but as

17 we move forward we'll continue to consult when we come up

18 with drafts.

19 So that's why we're going to do more in March, so

20 that if we have anything new at that point we can talk

21 about it.

22 MR. SAMUELS: Ron Samuels, Spokane

23 Tribe.

24 I would just ask that the NIGC, when they get the

25 external audit reports and they make reference to

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1 Class III MICS, that I'm hoping that all tribes have

2 basically commented on, there may be material weaknesses

3 or findings or exceptions.

4 However, in their CPA, the wording they use that

5 they've commented on, especially on the TLS machines that

6 are operative in this state versus any other slot machine

7 that may be operating in Nevada or any other state, that

8 there's a significant difference between the games, so

9 that when you review your reports, your compliance, your

10 auditors, whoever, that they have an understanding that

11 when an external auditor makes reference to a Class III

12 MICS that it may not be binding on us.

13 CHAIRWOMAN STEVENS: Okay. Thank you

14 for your comment.

15 Any other comments? If not -- did you raise your

16 hand back there, Chairman?

17 If not, I want to thank everybody for taking the

18 time. I know it's been a long week for ATNI, and I

19 appreciate you coming all the way out for this

20 consultation.

21 Again, I want to encourage everybody, good or bad,

22 supportive or suggesting changes, to submit comments in

23 writing. I wish you all safe travels back to where

24 you're coming from. Thank you.

25 (Consultation concluded at

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1 3:14 p.m.)

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1 STATE OF WASHINGTON ) I, Barbara L. Brace, CCR, RPR,

 ) ss a certified court reporter

2 County of Mason ) in the State of Washington, do

 hereby certify:

3

4

 That the foregoing proceedings were taken before

5 me and completed on February 16, 2012, and thereafter was

transcribed under my direction; that the foregoing is a

6 full, true and complete transcript of the proceedings;

7 That I am not a relative, employee, attorney or

counsel of any party to this action or relative or employee

8 of any such attorney or counsel and that I am not

financially interested in the said action or the outcome

9 thereof;

10

 IN WITNESS WHEREOF, I have hereunto set my hand

11 and affixed my official seal on the 22nd day of

February, 2012.

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 ____________________________________

21 Barbara L. Brace, CCR, RPR

 Certified Court Reporter No. 3010

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&

& 1:9 2:2

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537 2:18 5:3,10

537.3 6:18

543 12:19,23 13:10

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547 12:18,22 13:6

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556 2:16,25 3:3 4:3

556.3 4:12

556.6 3:5

558 2:16 3:12 4:3

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abeyance 13:4

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access 3:8

accessible 7:18

accounting 7:25

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achieve 9:23

action 17:7,8

additional 3:17

address 13:3,21

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adequate 8:12

advisement 14:15

advisory 12:24,25

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affixed 17:11

agency 7:13

agenda 12:20 13:25

albuquerque 12:4

altogether 11:8

andrew 4:10 12:13

annual 9:25 10:8,14

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applicant 3:24 4:2

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application 8:24

apply 6:6

appreciate 15:19

approval 10:18

approved 8:3

april 7:9 11:25 12:8

12:21

areas 12:7

asking 3:23 10:21

assistance 9:21,23

atni 15:18

attempts 2:25 7:11

9:14

attorney 17:7,8

audit 10:3 14:25

auditor 15:11

auditors 15:10

available 14:9

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back 5:1 12:21

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background 2:16,19

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banks 5:14

barbara 2:4 17:1,21

barr 12:9

based 6:1 8:10

basically 3:5 4:4 6:3

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becoming 11:19

beginning 7:9

binding 15:12

bit 10:2

body 10:4,5,13

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brace 2:4 17:1,21

busy 12:18

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call 12:3,3

casino 1:9 2:2

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certain 5:10 9:20

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chair 5:11,13,25

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chart 7:22

circulated 3:2

circumstance 10:19

circumstances

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clarify 4:16 6:5

class 7:6 11:15,19

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clear 4:19 9:10

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close 11:25

closely 10:7

closes 2:23 7:9

collaboration 9:18

come 14:17

comes 5:24

coming 14:1 15:19

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comment 2:23 7:8

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commented 15:2,5

comments 2:12 3:2

4:6,22,24 5:1,5 6:2

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commission 1:1

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committee 12:24

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complete 17:6

completed 17:5

compliance 15:9

concerns 14:2

concluded 15:25

consider 9:13 14:14

considering 10:24

consult 14:17

consultation 1:4 7:7

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copy 3:25

counsel 17:7,8

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county 17:2

court 2:4 17:1,21

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cpa 15:4

creek 1:9 2:2

criteria 7:23 8:9,11

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current 7:2,10 8:2

currently 5:10 8:21

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dealing 2:16

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defining 10:25

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denial 4:20

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description 7:24,24

desire 13:6

detail 6:4,5

determination 4:1

determinations 9:16

difference 15:8

different 3:9

differently 10:25

direction 17:5

discretion 5:11,12

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discussing 12:16

doing 3:1

dot 6:20,20,20

draft 3:2 8:8 10:10

drafts 14:18

due 12:8

duty 10:16,19

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either 5:15,17

eligibility 4:1

embarked 13:24

employee 3:15 17:7

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employees 2:17 10:4

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employment 7:23

encourage 15:21

enforcement 8:13

entities 2:19 5:10,11

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entity 5:22 6:11

especially 14:2 15:5

everybody 2:10

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examples 8:15,17,17

exceptions 15:3

existing 6:24 7:17

expressed 13:5

external 14:25

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facility 8:6

far 11:23

february 1:11 2:1

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federally 5:16

fee 7:2

fees 6:18,24

final 9:7,11,15 13:12

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financial 2:20 5:8

financially 17:8

findings 9:4,6,8,15

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finished 13:6

focus 7:11

focuses 7:10

folks 6:9

following 2:5 3:21

follows 6:19

foregoing 17:4,5

formalize 2:25 4:4

formed 13:8

forward 4:13 11:10

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forwarded 14:9

full 17:6

fully 14:16

funding 7:23

further 5:12

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games 15:8

gaming 1:1 2:17 3:4

3:12 6:12 7:6,10,12

7:13,22,25 8:2,4

general 9:17 11:11

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given 10:18 11:24

going 2:15 14:19

good 15:21

gotten 13:17

grand 12:11

great 4:23

group 2:13 12:21

guess 8:18

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handles 8:21

happy 4:7

hard 12:5

harju 6:16,16,23 7:1

7:4

hear 4:7

heard 5:6 11:17

hearing 3:19,20,21

9:5,8

hefty 13:25

hereunto 17:10

hired 10:5

history 7:21

hoping 15:1

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idea 6:10

ideas 11:24

identify 6:7

igra 8:11 10:7,8

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ii 7:6 11:15,19 12:19

13:1,3,10,14 14:2,4

iii 12:15 15:1,11

illustrate 8:16

immediately 13:3

included 8:3

includes 3:3,12

independent 10:3

indian 1:1

individual 5:24

inform 10:16,19

information 3:17

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intended 4:3

interest 2:20 5:8

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interested 11:18

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