Dry CREEK RANCHERIA
BAND OF Poo INDIANS

February 9, 2011

Ms. Tracie Stevens, Chairwoman
National Indian Gaming Commission
1441 L St. NW, Suite 9100
Washington, DC 20005

Dear Chairwoman Stevens:

We would like to thank the Commission for your efforts in consultations with the tribes and the
opportunity to provide comments to the National Indian Gaming Commission (NIGC) during the Notice
of Inquiry (NOD Consultation Meetings held on January 11, 2011 at the US Grant Hotel in San Diego,
CA. The Dry Creek Rancheria Band of Pomo Indians appreciates the NIGC recognition and respect for
the tribes’ sovereignty in their primary role and regulation of gaming.

The Dry Creek Rancheria Band of Pomo Indians is comprised of the descendants of the Pomo people -
approximately 21 independent communities, all with ties to the area of northern California known as “The
Redwood Empire”. The Dry Creek Rancheria was established in June of 1915, based on the Department
Interior Office of Indian Affairs Land Allotments. Today, Dry Creek Rancheria thrives in Alexander
Valley and benefits greatly from our River Rock Casino facility which has been in operation since 2002.

Please see the areas of concerns in which the Dry Creek Rancheria Band of Pomo Indians would like
addressed listed below in the order of importance:

Part 542 — Class I Minimum Internal Control Standards

The MICS were derived as an industry baseline originally established by the cooperative effort of several
tribal governments in an attempt to validate, regulate, and maintain the integrity of Indian Gaming. The
passing of the Indian Gaming Regulation Act (IGRA) of 1988 provides a thorough system of regulation
of Indian Gaming. The Act divides gaming into three (3) different categories Class I, Class II, Class III in
which we are participants of Class III and regulated by terms set forth in the California-Tribal State
Compact signed in September 1999. Through the State Compact we are charged with being the primary
regulatory gaming authority. We have implemented the MICS as guidelines and in most areas exceed
standards set forth in the MICS with generated Tribal Internal Control Standards (TICS) which is in
compliance with our State Compact.

Through the Colorado River Indian Tribes (CRIT) Decision, it was determined that the NIGC does not
convey and uphold enforcement authority over Class III gaming. However, we welcome collaboration
with the NIGC to maintain MICS as recommended guidelines.

Part 502 — Definitions (2) Management Contracts

We would not welcome any expansion to the definition of “Management Contracts” to include those
contracts which are clearly not Management Contracts such as Slot Leases, Loan and Development

Mailing Address: P.O BOX 607, Geyserville, CA 95441
Office Address: 3250 Highway 128 East, Geyserville, CA 95441
Phone/Fax: 707-735-2000


Contracts, and Non-Gaming Contracts. Given the lengthy process that must be endured in order to receive
approval for Management Contracts, not to mention the number of agreements that pay a fee-based on a
percentage of gaming revenues, this change in definition expansion would be extremely burdensome to
our gaming facility.

Part 502 — Definition (1b) Net Revenues — Allowable Uses

Budgeting matters are an inherent sovereign tribal government function. Any regulation of the tribe’s
determination of Allowable Uses would be a violation of tribal sovereignty and expose tribal governments
to enforcement acts by the NIGC. We would welcome advice or suggestions by the NIGC, however it
would ultimately be the tribal government’ s discretion to prioritize the use and allocation of its cash flow
generated from the gaming operation.

The Dry Creek Rancheria Band of Pomo Indians would strongly recommend and support the
implementation of the following:

Part 556 — Background Investigations for Licensing (2) Fingerprinting for Non-Primary Management
Officials or Key Employees

We are highly satisfied participants in the established pilot program. The pilot program has expedited the
background process within our Licensing Department and has promoted efficiency in meeting the needs
of the casino staffing levels. The program should be formalized into the regulatory process in Part 556.

We support the idea of Tribal Regulatory Authorities submittal of fingerprints on non-employees
(vendors, consultants, and others) at our discretion. This would enhance our ability to ensure that all non-
employees are of good merit and of high integrity. We appreciate the NIGC’s proactive approach in the
tribe’s assistance to achieve this high standard.

Buy Indian Act Regulation

We strongly support any adoption of regulation that would foster and promote tribal preference to
qualified Indian owned and operated businesses when obtaining goods and services. Adoption of this
regulation would send a strong message of support of Indian Country business endeavors.

In closing we would like to thank the Commission for the opportunity to respond to your NOI regarding
comments on existing or contemplated NIGC regulations. We appreciate the hard work and diligence
demonstrated by the Commission during this initial phase for ongoing collaboration and we await the
results that this inquiry yields. We look forward to working with the NIGC as they move towards having
a stronger meaningful government-to-government relationship with all tribes.

Sincerely,

Harvey Hopkins, Chairman i

Dry Creek Rancheria Band of Pomo Indians