January 21, 2016 

Notice of Telephonic Consultation and Opportunity for Written Comments 

Dear Tribal Leader: 

On behalf of the National Indian Gaming Commission (NJGC or Commission), we invite you 

to participate in a telephonic consultation occurring this February 4, 2016, from 1:00-4:00 p.m. 

Eastern Standard Time and for the opportunity to provide written comments by February 23, 

2016. This will be the fifth and final Tribal Consultation in a series of sessions commenced by the 

NIGC last year to receive comment and discussion on four topics: updates to the NIGC's Privacy Act 

regulations, the NIGC's proposed National Environmental Policy Act (NEPA) manual that includes a 

categorical exclusion for the approval of management contracts, guidance for Class Ill minimum 

internal control standards (MICS), and a proposed regulation through which the NIGC will give 

preference in NlGC purchasing to Indian-owned businesses. 

In the February 26, 2015, letter announcing the consultation scheduled on these topics, the 

Commission stated that it would make available a telephone session for those tribal leaders unable to 

participate in the in-person sessions. Before that telephonic consultation session could be scheduled 

however, the Commission lost its quorum and, as a result, its ability to act on many of the topics 

already discussed at the in-person consultation sessions. As a result, the Commission paused the 

consultation schedule. Now that Commissioner Simermeyer has joined the Commission, we are 

ready to resume our consultation. The Commission looks forward to hearing your comments on the 

topics discussed in more detail below. 

Privacy Act Regulations. The NIGC's regulations implementing the Privacy Act have not 

been updated since 1993. We plan to make changes to bring it into full compliance with the Privacy 

Act, as well as incorporate a system of records for the background investigations we perform 

pursuant to management contract reviews. 

NEPA. The Commission is also seeking feedback on its plans to develop a NEPA manual 

that addresses management contracts. The NIGC has previously determined that approving a 

management contract for the operation of gaming under lGRA is a major Federal action that requires 

NEPA review. The NIGC is now seeking to adopt a policies and procedures manual that includes a 

Categorical Exclusion (CA TEX) for these approvals. The lowest level of NEPA analysis is that given 

to CATEXs. 

By adopting a CA TEX, Tribes would not be required to prepare an Environmental 

Assessment or Environmental Impact Statement except in the case of extraordinary 

circumstances. The draft policies and procedures manual for which we seek comment will define the 

extraordinary circumstances, under which a CA TEX would not be appropriate, and the policies and 

procedures to be followed in such a situation. By adopting the new manual, the Commission hopes to 

end the uncertainty surrounding NEPA review requirements, resulting in the conservation of Tribal 

resources. 

N EW MAILING ADDRESS: NIGC/ DEPARTMENT Of THE INTERIOR 1849 C Street NW, Moil Stop# 1621 Washington, DC 20240 Tel: 202.632.7003 fox: 202.632.7066 

REGIONAL O FFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Poul, MN; Tulsa O K; O klahoma City, OK 

WWW.NIGC.GOV 
CLASS 111 MICS. The Commission also recognizes the importance of Class III MICS to a 

large section of the Tribal gaming industry and is therefore proposing to issue guidance that tribal 

regulators may use in developing their own Class Ill internal controls. At consultation, the 

Commission will continue its discussion of plans to draft updated, non-mandatory Class HI MICS 

guidance. Once drafted, the guidance will be published for comments from the industry stakeholders. 

After all comments are considered, the NIGC will draft final MICS guidance, publish that guidance 

on our website, and, determine whether to withdraw pa1t 542 from our regulations. 

Buy Indian Goods and Services. The Commission wishes to continue its discussion of a 

"Buy Indian Goods and Services" policy. Pursuant to the NIGC's general authority under 25 U.S.C. 

§ 2706(b)(6), (b)(7) to "procure supplies, services, and property by contract in accordance with 

applicable Federal laws and regulations" and to "enter into contracts with Federal, State, tribal and 

private entities for activities necessary to the discharge of the duties of the Commission," the NIGC 

will give preference to fndian-owned firms for the acquisition and procurement of goods and services 

at fair market price. Prior consultation reveals that nearly 80% of all comments (31) received to the 

Notice of Inquiry agreed that the NJGC should implement a Buy Indian policy. 

The NIGC recognizes and respects the sovereignty oflndian tribes and the government-togovernment relationship that exists between the United States and tribal governments. Accordingly, 

the NIGC is committed to implementing the President's November 5, 2009, Executive Memorandum 

on Tribal Consultation with Indian tribes and Executive Order 13175. 

We invite all tribal leaders to share their views with the Commission on these topics during 

the telephonic consultation. Please use this number to call in for the conference call: 

888-566-5903 

Access code: NIGC 

For additional information on the telephonic consultation, please consult the NIGC's web site 

at www.nigc.gov/Tribal_Consultation.aspx. We are also inviting written comments on any of the 

topics discussed. We invite you to submit written comments before February 23, 2016, by e-mail to 

vannice_doulou@nigc.gov or by U.S. mail to: NIGC, Attn: Vannice Doulou, CIO Department of the 

Interior, 1849 C St. NW, Mail Stop# 1621, Washington, DC 20240. 

For planning purposes, and to ensure we have adequate lines available for all who want to 

attend, please notify Rita Homa, Executive Administrator, at (202) 418-9807 or by e-mail at 

consultation .rsvp@nigc.gov. We look forward to our consultation with you. 

Thank you for your interest and participation. 

Sincerely. 

~ Jonodev 0. Chaudhuri 

Chairman 

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E. Sequoyah Simermeyer 

Associate Commissioner