Wichita and Affiliated Tribes

Terri Parton

Shirley Davilla
President

Committee Member

Jesse E, Jones

Karen Thompson
Vice President

Committee Member

Myles Stephenson Jr.

Gladys Walker
Secretary

Committee Member

S. Robert White Jr.
Treasurer Tribal Administration
P.O. Box 729 -Anadarko, OK 73005
Telephone (405) 247.2425 Fax (405) 247.2430
www.wichitatribe.com

June 22, 2015

Via Email to vannice_mccoy@nige.gov

Mr. Jonodev Chaudhuri, Chairman
National Indian Gaming Commission
1849 C Street NW., SM-1621
Washington, D.C. 20240

Attn: Vannice McCoy

Re: Wichita and Affiliated Tribes
Comments on Updates to Class III MICS, NIGC Privacy Act Regulations, NIGC NEPA
Procedures, and NIGC Buy Indian Policy

Dear Chairman Chaudhuri;

The Wichita and Affiliated Tribes (the "Tribe") offers the following comments in response to the
National Indian Gaming Commission's ("NIGC") February 26, 2015 Dear Tribal Leader Letter ("DTLL")
concerning NIGC's proposals to: (1) issue guidance for Class III minimum internal control standards
("MICS"); (2) update the NIGC's Privacy Act regulations; (3) update the NIGC's proposed National
Environmental Policy Act ("NEPA") manual, and (4) develop regulations to give preference in NIGC
purchasing to Indian-owned businesses.

Guidance for Class III MICS

The Tribe welcomes the NIGC's proposal to issue non-binding guidance that tribal regulators may
use in developing Class III internal controls. Although the decision in Colorado River Indian Tribes v.
NIGC, 466 F.3d 134 (D.C.Cir.2006), held that the NIGC lacks authority to enforce Class III MICS
regulations, the NIGC plays an important role in setting industry standards. Updated, non-binding
guidance regarding the best industry standard Class III internal controls would be useful to tribes,

The NIGC recently updated its Class II MICS. There is a need for guidance regarding Class III
internal controls that can be implemented by tribes in a manner that takes into account changes in the
industry and which are consistent with the Class II MICS. In developing the Class III MICS guidance,
the Tribe suggests that the NIGC establish a tribal advisory committee or a tribal coordinating committee.


The Tribal Advisory Committee played an important role in reviewing and updating the Class II MICS,
and a similar body would be useful in moving forward with Class III guidance.

Although the Tribe supports the issuance of non-binding guidance regarding Class III internal
controls, they urge the NIGC to leave in place the current Class III MICS regulations at 25 C.F.R. Part
542, Even though these regulations are not enforceable by the NIGC and have not been updated, they
should nonetheless be left in place. The existing Part 542 regulations are referenced by tribal codes as
well as by numerous tribal-state gaming compacts, and removing the regulations could cause substantial
confusion or disruption to tribes, states, and tribal gaming enterprises.

Privacy Act Regulations Updates

The Tribe supports the NIGC’s proposal to revise its Privacy Act regulations at 25 C.F.R. Part
515. These regulations have not been updated in over 20 years, and the Tribe supports bringing the NIGC
into full compliance with the Privacy Act and implementing a records system for background
investigations.

NEPA Manual Updates

The Tribe also supports the NIGC's proposal to update its policies and procedures to provide a
Categorical Exclusion ("CATEX") for the approval of management contracts for the operation of gaming
under the Indian Gaming Regulatory Act ("IGRA"). This proposal would conserve tribal resources by
allowing tribes to submit management contracts for review and approval without having to prepare
environmental assessments and environmental impact statements unless some extraordinary
circumstances existed. The Tribe supports this proposal because management contracts do not involve
significant environmental effects and their review and approval does not involve assessment of any
environmental impacts or concerns. The Tribe also supports the categorical exclusions in the proposed
draft manual for administrative and routine office activities and for the regulation, monitoring, and
oversight of Indian gaming activities.

"Buy Indian" Policy and Regulations

The NIGC's proposed "Buy Indian Good and Services" policy would give preference to Indian-
owned firms for the acquisition and procurement of goods and services at fair market price. The Tribe
supports the NIGC's proposed regulations to implement this policy, which will help promote Native
businesses and strengthen Native economies.

Conclusion

The Wichita and Affiliated Tribes appreciates this opportunity to provide comments in response
to the NIGC's February 26, 2015, DILL. The Tribe looks forward to working with the NIGC as these
proposals are developed further. Please contact me at (405) 247-2425 ext. 101 or William Norman, tribal
attorney at Hobbs, Straus, Dean & Walker, LLP (405) 602-9425 if you have any questions concerning the
comments or if we can provide any additional information.

ichita and Affiliated Tribes