“ensur[ing] that every tribe has protected homelands where its citizens can maintain their tribal existence and way of life.”
3. § 293.2 – “How are key terms defined in this part?”
While we appreciate the addition of each proposed definition for the sake of clarity and cohesion, we recommend the following changes to those terms included below:
A. In the definition for “gaming activity” or “gaming activities” at § 293.2(d), we recommend that the term “prize” be changed to “reward, which is more consistent with the vernacular used in the tribal gaming industry at large. B. We recommend revising the definition of “gaming facility,” which is defined at § 293.2(e), to read as follows: “Gaming facility means the physical building or space within a building where the gaming activity occurs and the spaces that are necessary for conduct of gaming such as the casino floor, vault, count, surveillance, management, information technology, class III gaming device, supplies storage areas, and other secured areas.”
4. § 293.4 - “Are compacts and amendments subject to review and approval?”
[Tribe/Nation] is in favor of the Department’s proposed addition of a new subsection (b) here, which subsection would create a mechanism through which tribal governments could seek a determination from the Department as to whether a proposed agreement constitutes a compact subject to Department approval under Part 293. We believe that this resource would prove to be a valuable tool for tribal governments by empowering them to seek clarity on their regulatory duties given their specific situations and circumstances. However, we urge the Department that, should this draft revision move forward, it is crucial that this mechanism be crafted: 1) so that tribal governments can submit for a determination without concern that their submission will become the basis of an adverse action; 2) to allow for multiple methods of submission and transmission; and 3) to emphasize the importance of clear and reliable communication.
First, and perhaps most importantly, we encourage the Department to include protections in this subsection against any element of a tribal government’s submission for a determination being used as
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