Aaron A. Payment, 

EdD, EdS,MEd, MPA

Tribal Chairperson

Address:

523 Ashmun St.

Sault Ste. Marie, 

MI 49783

Phone:

906.440.5937

Email

aaronpayment@saulttribe.net

FaceBook

‘Aaron Payment’

October 1, 2021

Dustin Thomas, Chief of Staff 

National Indian Gaming Commission

1849 C Steet, N.W., 

Mail Stop #1621

Washington, D.C. 20240

Dear Mr. Thomas:

Since the pandemic began, the Tribal gaming commission and our Tribal gaming 

enterprises have gained insights that we believe would be helpful to share with 

the NIGC as you work to improve the Agency’s operations and engagement with 

Tribes, Tribal gaming commissions, and Tribal enterprises. One area we would 

like to commend the NIGC on is the NIGC’s continuing effort to work with the 

industry to be safe and secure and compliant with all applicable laws and 

regulations. The philosophy the NIGC has taken is to work with Tribal gaming 

operations and not to be a punitive regulator. This philosophy ensures 

compliance, protecting the integrity of the Tribal gaming industry, but does not 

impose unnecessary penalties on tribal gaming operators. 

One of the lessons learned from the pandemic is that most workplaces, including 

tribal gaming commissions, have adapted to work virtually very successfully. 

However, we have found the continuity of our work has been impacted by the 

NIGC’s continued requirement that documents be received in hard copy, 

including ordinances, audits, and background checks. These documents can be 

provided to the NIGC virtually, and the need to engage and mail/fax documents 

for the Agency to receive hard copies is not necessary. This is especially critical 

in the dynamic gaming industry, where the timing for licenses, background 

checks, approval letters, or declination letters impact the integrity and viability of 

the industry. Thus, we would encourage the Agency to continue to work on the 

appropriate platforms to receive and review data and information, such that this 

can happen in real time and does not have to rely on a person being in the 

physical space. Specifically, regarding background checks, we think creating a 

portal for submission for relevant information is critical to ensuring the continued 

integrity of the Indian gaming industry and would be consistent with industry 

standards in other jurisdictions. 

In this regard, we would suggest a central access portal for all NIGC services 

would be beneficial. This would be like the FBI Law Enforcement Enterprise 

Portal (LEEP), which is a secure platform for all law enforcement entities to 

come together and share information and upload relevant information. We think 

the NIGC’s goals should be to achieve universal continuity in gaming oversight 

and regulation across Indian Country.

The NIGC requested comments about audit standards related to small and 
NIGC Letter

Page 2 of 2

charitable gaming events. Specifically, amendments to 25 C.F.R. § 571.12. to relieve financial and 

temporal burdens imposed on small and charitable gaming operations by reconsidering the 

requirement that they conduct an annual independent audit of the financial statements. 

The Sault Ste. Marie Tribe of Chippewa Indians believe it is important to amend the current 

regulations to relieve the burdens imposed on small and charitable gaming activities. In many 

tribal communities, these activities support important cultural events, or school trips or community 

celebrations. The income generated, while important to community organizers of these events, is 

not substantial, often it is less than $10,000. Many charitable gaming event organizers cannot 

afford the costs associated with securing an independent audit. The regulation should provide 

some flexibility to allow a Tribal gaming commission to govern these activities as “Class I 

Traditional Games.” Thus, an organizer could seek a license from a tribal gaming commission to 

conduct an activity. As part of the license, the applicant would be required to report to the Tribal 

gaming commission the income generated from the activity and if it is less than $50,000, the 

organizers would be exempt from the requirement of an annual independent audit. 

We agree with the proposal that as the NIGC sets its fees it should exclude from the total amount 

wagered, amounts wagered that the gaming operation can demonstrate were issued by the gaming 

operation as promotional credits.

Thank you for the opportunity to comment on this important topic.

Respectfully, 

 

 Aaron A. Payment