National Tribal Gaming Commissioners / Regulators
A UGUST 2008
E RMATINGER R ECEIVES N ATIONAL T RIBAL R EGULATOR A WARD
Ken Ermatinger, Executive Director of the for the Sault Ste. Marie Tribe of Chippewa Indians Gaming Commission in Michigan, was awarded the “Bruce Longhorn Leadership in Regulation Award” by the National Indian Gaming Association on 22 April 2008. The Award is named after Bruce Longhorn, a member of the Absentee Shawnee Tribe of Oklahoma known for his honesty, integrity, fairness willingness to help others. The award is given each year to a person that exhibits these attributes. Mr. Ermatinger has served the Sault Ste. Marie Tribe of Chippewa Indians for many years. During his tenure with the tribe, he has served in a variety of capacities and currently serves on numerous boards and committees. Whether serving as a member of the tribe’s Enrollment Committee, Health Committee, or Constitutional Committee, Ken can be counted on to answer the call of service to his tribe. In 2003, Ken was selected to serve as a member of a tribal advisory committee to assist the National Indian Gaming Commission in developing technical standards for Class II electronic games. Many times Ken has had to drive four to five hours to reach an airport so that he could attend meetings of the tribal advisory committee. The committee, however, knew it could
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THIS ISSUE :
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NIGC P ROPOSED “B RIGHT L INE ” NTGCR Chairman Jamie Hummingbird and NIGA Chairman Ernie Stevens present Ken Ermatinger with the Bruce Longhorn Award. NTGCR M EMBERL IST
SHIP
S POTLIGHT B ARONA T.G.C. N EW T REASURER T ODD P APINEAU S AVE T HE D ATES !
rely on Ken to make each meeting, if at all possible. “I have had the privilege of working with Ken over the past five years, and through his previous years of service to the NTGCR” said NTGCR Chairman Jamie Hummingbird, “and during that time, he has been an example for us all.” Congratulations Ken!
N ATIVE V OTE 2008
The 2008 Presidential elections will set the stage for changes in federal policy in all areas of government. Tribes will not be free from feeling the impact that will be felt as a result of the vote on November 4th. In addition, voters will also decide the fates of those seeking other elected office, whether at the federal, state, or local levels. Tribes and tribal members should take advantage of this opportunity to make all elected officials know that the votes from Native America count. The important thing is not necessarily who you vote for, but the fact that you let your voice be heard.
Get out the vote on November 4th!
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C ONGRATULATIONS
Congratulations to Lena Hammons on her election as NTGCR Vice-Chair and to Barbara Kyser-Collier on her re-election as NTGCR Secretary. The election was held at the 2007 Fall Conference at the Mystic Lake Casino in Minnesota. Lena Hammons is the Executive Director for the Tulalip Tribal Gaming Commission in Washington. Ms. Hammons has served her tribe for 17 years, with the last 11 years in her current position. Ms. Hammons oversees the
TO
H AMMONS , K YSER -C OLLIER
the Quapaw Tribal Gaming Commission. Mrs. Kyser-Collier oversees the operation of the “Quapaw Casino” in Miami, OK. The Quapaw Tribe is currently expanding their gaming operations to include the “Downstream Casino” that will offer 70,000 square feet of gaming space, 12-story / 226 room hotel (open in October 2008), food & beverage outlets, and entertainment space. Two 18-hole championship golf courses will also accent the casino.
Hammons
activities of the “Tulalip Resort Casino” in Tulalip, WA. This facility is currently undergoing expansion to include over 190,000 square feet of gaming space, a 370 room hotel, and 30,000 convention / meeting space. Eddie Gibson, Mississippi Band of Choctaw Indians, previously held this position. Barbara Kyser Collier, Quapaw Tribe of Oklahoma, won her second term after her initial appointment to the position. Barbara serves as the Executive Director for
Kyser-Collier
NTGCR A NNOUNCES C ONFERENCE L OCATIONS
The NTGCR Board of Directors recently voted on the sites for the next two conferences. The 2008 Fall Conference will be held at the Tulalip Resort Casino in Tulalip, Washington. The casino is owned and operated by the Tulalip Tribe. The two-andone-half day conference will begin on Tuesday,14 October and will end on Thursday, 16 October 2008. The Spring Conference will be held at the Mohegan Sun located in Uncasville, Connecticut. The Mohegan Sun is owned and operated by the Mohegan Tribe. While no conference dates have been announced, the conference is expected to take place in March 2009. “I’m pleased the conference will be held in the northwest this fall and am excited about returning to the east coast in the spring” said Chairman Hummingbird. “ www.tulalipcasino.com www.mohegansun.com
Artists rendering of Tulalip Resort Casino
O FFICER E LECTIONS T O B E H ELD I N F ALL
Pursuant to Article 6, Section 3 of the National Tribal Gaming Commissioners / Regulators Bylaws, elections for the offices of Chairman and Treasurer will be held at the fall conference in October 2008. Jamie Hummingbird, Gaming Commission Director for the Cherokee Nation, currently serves as Chairman and Todd Papineau, Executive Director for the St. Regis Mohawk Gaming Commission, is serving as Treasurer; Mr. Papineau is serving the remainder of the term for the position vacated by Victor Silvas. Scott Sanderson, Chair of the Nominations Committee, will be sending out election materials to all members in advance of the meeting.
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NIGC P ROPOSED “B RIGHT L INE ”
In 2003, the National Indian Gaming Commission (NIGC) formed a Tribal Advisory Committee to assist the NIGC with developing technical standards applicable to Class II games. A process the NIGC thought would take six- (6) months has lasted for over five-(5) years. The process has seen many obstacles throughout its life. The initial timeline proposed by the NIGC was quickly discarded as the development of the standards began to take shape. During this time, the U.S. Department of Justice (DOJ) initiated a similar project and immediately met resistance to a proposal that would have destroyed Class II gaming. The DOJ exited the stage as quickly as they had entered, abandoning their proposed rules. The NIGC process resumed and in September 2006, the NIGC held a hearing on its proposed rules in Washington, D.C. The reason for the hearing can be attributed to the concerns raised by tribes and as a result of the findings of an economic impact study that was commissioned by the NIGC. The study concluded that the rules would reduce tribal gaming revenues by as much as $2 billion. During the hearing, the NIGC listened to a panel of game manufacturers, attorneys, and, most importantly, tribal leaders. The message was clear—the rules as proposed would severely cripple the Class II industry and would negatively impact tribes gaming revenues. NIGC Chairman Phil Hogen stated that the NIGC needed to draw a “bright line” in order to clearly distinguish Class II and Class III gaming to protect both industries. The NIGC soon received a proposal recommending the formation of a work group consisting of the Tribal Advisory Committee, Tribal attorneys, game manufacturers, and NIGC representatives. This work group met numerous times over the course of a year. Also during this time, the NIGC brought in the sitting advisory committee on minimum internal controls, as recommended by the work group. As a result of this combined effort, a set of proposed technical standards and minimum internal controls (MICS) for Class II games was provided to the NIGC in September 2007. The NIGC took these two documents and added two more sets of regulations to a publication in October 2007. The additional regulations were for Class II Classification Standards and a change to the “Facsimile” definition; these proposed regulations did not follow the same development process as the technical standards or MICS. These two proposed regulations received immediate and strong opposition from Indian country. The tribal message was simple and clear - the proposed classification standards and definition change would irreparably harm Class II games to the point that they would not be profitable. The Tribal advisory committees and the work group also added that, if given the opportunity, the technical standards and Class II MICS would provide the NIGC with the “bright line” it was looking for. The NIGC commissioned a second economic impact study based on the new proposed rules, the results of which were released in February 2008. The new report showed a slight decrease in the possible effect the rules would have on Class II games; the new potential effect was reduced to $1.8 billion. As a result of the concerns raised by the tribes, and the release of the second economic impact study, a field hearing of the House Committee on Resources was held in Miami, Oklahoma where Congressmen Cole and Boren listed to panels consisting of the NIGC, Tribal leaders, and local elected officials. The message from the tribal leaders and local officials was the same - if the classification standards and definition rules are enacted, it will devastate tribal and local economies; needed jobs and revenues would be lost and could not be regained. The NIGC “T HE ( ECONOMIC IMPACT ) STUDY
CONCLUDED THAT THE RULES WOULD REDUCE TRIBAL GAMING REVENUES BY AS MUCH AS $2 BILLION .”
continued on page 6
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National Tribal Gaming Commissioners / Regulators Membership May 2008
Barona Band of Mission Indians Cahuilla Band of Mission Indians Cherokee Nation Cheyenne & Arapaho Tribes of Oklahoma Chickasaw Nation Choctaw Nation Citizen Potawatomi Nation Colville Confederated Tribes Confederated Tribes of Salish & Kootenai Confederated Tribes of Coos, Lower Umpua & Siuslaw Confederated Tribes of Siletz Indians Dry Creek Rancheria Eastern-Shawnee Tribe of Oklahoma Gila River Indian Community Little River Band of Ottawa Indians Little Traverse Bay Band of Odawa Indians Lummi Nation Mashantucket Pequot Tribal Nation Middletown Rancheria Mille Lacs Band of Ojibwe Mississippi Band of Choctaw Indians Mohegan Tribe of Indians Muscogee (Creek) Nation Navajo Nation Nez Perce Tribe Nisqually Indian Tribe Oglala Sioux Tribe Oneida Tribe Osage Nation Pascua Yaqui Tribe Peoria Tribe of Oklahoma Pechanga Band of Luiseño Mission Indians Prairie Band of Potawatomi Quapaw Tribe Rincon Band Luiseño Mission Indians Salt River Pima Maricopa Tribe San Carlos Apache Tribe Pueblo of San Felipe Pueblo of Acoma San Pasqual Band of Diegueno Mission Indians Santa Rosa Rancheria Sault Ste. Marie Tribe of Chippewa Seminole Nation of Oklahoma Shakopee Mdewakanton Sioux Tribe Shoshone-Bannock Tribes Skokomish Indian Tribe Soboba Band of Luiseño Mission Indians Squaxin Island Tribe St. Croix Tribe of Chippewa St. Regis Mohawk Suquamish Tribe Swinomish Tribal Community Table Mountain Rancheria Tulalip Tribe Tule River Indian Tribe Tunica-Biloxi Tribe of Louisiana Viejas Band of Kumeyaay Indians Wyandotte Nation Yakama Nation
If you are interested in becoming a member of the NTGC/R, please visit our website at www.ntgcr.com.
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S POTLIGHT - B ARONA T RIBAL G AMING C OMMISSION
Since its inception in October of 1996 the Barona Tribal Gaming Commission has been widely regarded as the most professional gaming commission in California. This is primarily due to the Barona Band of Mission Indians’ respect for its own sovereignty, the sovereignty of other governments and an acute understanding that the gaming industry is unique and requires a higher degree of regulation than most other industries. This was the foundation for the formation of the Barona Tribal Gaming Commission and the process of selecting potential candidates to sit on the commission. The two longest serving commissioners are Kathy Clenney, a well known attorney specializing in Indian law, and Beverly Means, a Barona Tribal Elder known throughout Indian Country for her seriousness, pragmatism and objectivity. Kathy was one of the original appointees when the commission came into existence. And Beverly has served as a commissioner since January of 1997. Their knowledge, insight and professionalism continue to influence and shape this highly respected commission. Their shared approach to gaming regulation on the Barona reservation was best summed up when addressing one of the industry’s major manufacturers and the senior management at the Barona Valley Ranch Resort and Casino. The commissioners were unyielding in their requirement for the casino and its vendors to precisely adhere to gaming commission requirements. “This Tribe struggled for decades to finally sign a Tribal/State Compact with California,” Beverly said, speaking for both. “It is our duty to enforce that agreement in a manner that will never put it in jeopardy. We will never forget that responsibility and our insistence for regulatory perfection will never change, so get used to it.” The Barona Tribe recently held a luncheon to honor Kathy and Beverly for their more than eleven years of service to the Barona Tribal Gaming Commission. We would like to take this opportunity to publicly thank them. The Tribe, the State and the Federal Government could not ask for anything more. “ W E WILL NEVER FORGET THAT RESPONSIBILITY AND OUR INSISTENCE FOR REGULATORY PERFECTION WILL NEVER CHANGE ”
P APINEAU T O S ERVE A S T REASURER
With the departure of Victor Silvas, Jr. (Tule River Tribe) from the Treasurer position, the NTGCR Board voted to confirm the appointment of Todd Papineau to fill the remainder of the term. Silvas was elected to the position in October 2006. Mr. Papineau, a member of the St. Regis Mohawk Tribe and the Executive Director for their Gaming Commission, received the appointment from NTGCR Chairman Jamie Hummingbird.
Papineau
NTGCR Affiliate Members - May 2008
AP-ID, Inc. Gaming Laboratories International, Inc. Lightlearn To learn how to become an affiliate member of the NTGCR, please visit our website at www.ntgcr.com.
Save the Dates!! September 16 - 18, 2008
N ATIONAL T RIBAL G AMING C OMMISSIONERS / R EGULATORS
Tulalip Casino & Resort
Other Dates to Remember:
♦ ♦ ♦ ♦ ♦
Jamie Hummingbird, Chairman jhummingbird@cherokee.org (918) 207-3848 Lena Hammons, Vice-Chair LenaH@tulaliptga.org (360) 651-3002 Barbara Kyser-Collier, Secretary bcollier@quapawtga.com (918) 540-9100 Todd Papineau, Treasurer tpapineau@mohawkcasino.com (518) 358-2946
Oklahoma Indian Gaming Conference & Tradeshow - August 10th 12th, 2008 - Cox Convention Center, Oklahoma City, OK Global Gaming Expo (G2E) - November 17th - 20th, 2008 - Las Vegas Convention Center, Las Vegas, NV 65th Annual Convention of the National Congress of American Indians (NCAI) - October 19th - 24th - Convention Center, Phoenix, AZ Election Day - November 4, 2008 NTGCR Spring 2009 Conference - Mohegan Sun, Uncasville, CT
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NIGC P ROPOSED “B RIGHT L INE ” ( CONTINUED )
maintained that the credibility of Indian gaming is at risk without having the proposed regulations in place. On the heels of the second study and Congressional field hearing, the NIGC announced that a cost-benefit analysis of the proposed regulations has been commissioned, the results of which would impact the agency’s decision on the proposed regulations. Even though the results of the cost-benefit analysis had not yet been received, Chairman Phil Hogen announced on June 5th that the proposed classification standards and definition change would be set aside and that they would proceed with the publication of the technical standards and Class II MICS. To date, no formal withdrawal of the classification standards or definition has been published. The NIGC is expected to publish the technical standards and Class II MICS in late summer / early fall.