[Senate Hearing 114-13]
[From the U.S. Government Publishing Office]
S. Hrg. 114-13
NOMINATION OF JONODEV OSCEOLA CHAUDHURI TO BE CHAIRMAN OF THE NATIONAL
INDIAN GAMING COMMISSION
=======================================================================
HEARING
before the
COMMITTEE ON INDIAN AFFAIRS
UNITED STATES SENATE
ONE HUNDRED FOURTEENTH CONGRESS
FIRST SESSION
__________
MARCH 11, 2015
__________
Printed for the use of the Committee on Indian Affairs
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COMMITTEE ON INDIAN AFFAIRS
JOHN BARRASSO, Wyoming, Chairman
JON TESTER, Montana, Vice Chairman
JOHN McCAIN, Arizona MARIA CANTWELL, Washington
LISA MURKOWSKI, Alaska TOM UDALL, New Mexico
JOHN HOEVEN, North Dakota AL FRANKEN, Minnesota
JAMES LANKFORD, Oklahoma BRIAN SCHATZ, Hawaii
STEVE DAINES, Montana HEIDI HEITKAMP, North Dakota
MIKE CRAPO, Idaho
JERRY MORAN, Kansas
T. Michael Andrews, Majority Staff Director and Chief Counsel
Anthony Walters, Minority Staff Director and Chief Counsel
(II)
C O N T E N T S
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Page
Hearing held on March 11, 2015................................... 1
Statement of Senator Barrasso.................................... 1
Statement of Senator Franken..................................... 18
Statement of Senator Heitkamp.................................... 21
Statement of Senator Tester...................................... 2
Statement of Senator Udall....................................... 19
Witnesses
Chaudhuri, Jonodev Osceola, Nominee to be Chairman of the
National Indian Gaming Commission.............................. 2
Biographical information..................................... 6
Prepared statement........................................... 4
Appendix
Letters and resolutions in support of Jonodev Osceola Chaudhuri
from:
Arizona Indian Gaming Association (AIGA)..................... 28
Hon. John L. Berrey, Chairman, Quapaw Tribe.................. 26
Hon. Stacy Dixon, Tribal Chairman, Susanville Indian
Rancheria.................................................. 26
Ho-Chunk Nation.............................................. 29
Hon. Robert Pinto, Sr., Tribal Chairman, Ewiiaapaayp Band of
Kumeyaay Indians........................................... 25
Hon. Richard J. Peterson, President, Central Council Tlingit
Haida Indian Tribes of Alaska.............................. 26
Hon. Ty Vicenti, President, Jicarilla Apache Nation.......... 25
Response to written questions submitted by Hon. John Barrasso to
Jonodev Osceola Chaudhuri...................................... 30
NOMINATION OF JONODEV OSCEOLA CHAUDHURI TO BE CHAIRMAN OF THE
NATIONAL INDIAN GAMING COMMISSION
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WEDNESDAY, MARCH 11, 2015
U.S. Senate,
Committee on Indian Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 2:30 p.m. in room
628, Dirksen Senate Office Building, Hon. John Barrasso,
Chairman of the Committee, presiding.
OPENING STATEMENT OF HON. JOHN BARRASSO,
U.S. SENATOR FROM WYOMING
The Chairman. Good afternoon. I call this nomination
hearing to order.
The Committee will consider the President's nominee,
Jonodev Chaudhuri, to serve as the Chairman of the National
Indian Gaming Commission. Last Congress, he was nominated to
serve as the National Indian Gaming Commission Chairman, on
July 22, 2014. The Committee held a hearing on the nomination
November 12, 2014. The nomination was returned to the President
on December 17th.
The President once again nominated Mr. Chaudhuri on January
8th of this year. Early consideration of this nomination, I
believe, is important for a number of reasons. The position has
been vacant since September 2013, which is far too long. It is
an important position charged by Congress with significant
regulatory responsibilities in the Indian Gaming Regulatory
Act.
This law established by the National Indian Gaming
Commission as an independent agency within the Department of
the Interior. The full Commission is comprised of the chairman
and two commissioners.
According to the most recent data from the National Indian
Gaming Commission, Indian gaming has grown to a $28 billion
industry. An industry with this amount of money flow requires
the commission to be appropriately staffed.
The commission must also promote integrity and
accountability through regulation and enforcement. I have met
personally with Mr. Chaudhuri. I am confident that he intends
to ensure these principles are carried out by the commission
and this industry.
I have called this hearing so that all our members have the
opportunity to hear from and ask questions of Mr. Chaudhuri. I
intend to work with the Vice Chairman on moving this nomination
expeditiously.
Mr. Chaudhuri, congratulations on your nomination. Welcome
back to the Committee. We look forward to your testimony.
First, Senator Tester, do you have any opening statement?
STATEMENT OF HON. JON TESTER,
U.S. SENATOR FROM MONTANA
Senator Tester. I have a brief one, thank you, Mr.
Chairman.
I too want to welcome Jonodev here to the hearing today. I
appreciate you being here. And I do look forward to working
with you, Mr. Chairman, to move Mr. Chaudhuri out as quickly as
possible for confirmation. Hopefully we can get you permanently
into this position, because Indian gaming is incredibly
important to Indian country. We have seen tremendous growth
since 1988, providing jobs, providing funding for essential
services, infrastructure across Indian country. And this
Commission that you will oversee on a permanent basis hopefully
is crucial to the oversight to protect the tribes and their
members and maintain the highest integrity in their gaming
industry.
The purpose of this hearing is to hear how you plan, Mr.
Chaudhuri, to carry out the Commission's oversight role while
supporting tribal self-sufficiency and ensuring the tribes are
the primary beneficiaries of the gaming operations. We need a
good person in this position, someone who exhibits good
leadership. And you have already provided good leadership in
this position, albeit on a temporary basis.
You also have an extensive background in Indian affairs,
and you are highly respected in Indian law and Indian gaming
communities. So I want to thank you for your service so far. I
look forward to your testimony. I appreciate you putting
yourself up for this position. I think you will do a great job
and be able to continue doing a great job once you are
confirmed.
It is good to see your family here. I also note not only a
wife and two kids, but Legislative Affairs, which is probably
feeling like he's part of the family too, right?
Anyway, thank you very much, Mr. Chairman.
The Chairman. Thank you very much, Mr. Vice Chairman.
Mr. Chaudhuri, please proceed.
STATEMENT OF JONODEV OSCEOLA CHAUDHURI, NOMINEE TO BE CHAIRMAN
OF THE NATIONAL INDIAN GAMING
COMMISSION
Mr. Chaudhuri. Thank you, Mr. Chairman, Mr. Vice Chairman.
Hensci, or hello, greetings in the Muscogee Creek Language.
Thank you for providing me this opportunity to discuss my
interest and willingness to serve as Chairman of the National
Indian Gaming Commission. I am deeply humbled that the
President has resubmitted my nomination to you.
If confirmed, I intend to honor the President's confidence
and your support by serving the NIGC and the general public to
the best of my abilities.
As you are aware, as you mentioned, I appeared before this
Committee in a prior nomination hearing four months ago during
the last Congress. I want to personally thank you, Chairman, as
well as you, Vice Chairman, for the courtesy meetings that you
afforded me that provided me an opportunity to sit down with
you and discuss my personal philosophy when it comes to
regulation. I am excited to expand on my statements from last
year and introduce myself to those members of the Committee who
are new to this Congress.
With me today are my wife, Marissa Chaudhuri, and my sons
Kanuux and Hamati. Hamati is the little one and Kanuux is the
big one. I am so very grateful for their continued inspiration,
perseverance and support. Kanuux, who is almost 8, is here
despite his criticism that the previous hearing did not include
snacks.
[Laughter.]
The Chairman. We note that Grandpop stayed home.
Mr. Chaudhuri. Well, unfortunately.
Hamati, who just turned 5, is here with me today, but he
was not here with me last year. The last four months have had a
slightly beneficial impact on Marissa's and my trust in him to
come out in public. We will see how that goes.
I was ecstatic that my father was able to accompany me to
the last hearing. Unfortunately, due to the heavy toll that
travel takes on him at this age, he is not here today. But he
is watching at home on the internet in support of his son.
In my testimony last year, I provided you with an overview
of my personal and professional background and the role that my
family, both on my Muscogee Creek side and my Indian-American
side have played in shaping my commitment to public service.
Rather than re-stating all of that background, let me simply
say that commitment to service continues to drive me in my role
as Acting Chairman of the NIGC, and it is the basis for my
continued interest in formal confirmation as Chairman. Please
consider my testimony today to be an expansion of my November
testimony, which I would appreciate being incorporated into
this statement by reference.
It has been my profound privilege to work with and lead the
highly skilled and committed team at the NIGC. I am proud of
the work that we have done together during my time at the
agency to maintain stability in operations and services, while
actively strengthening the regulatory structure of the Indian
gaming industry. Much work remains, however.
As I mention at every opportunity, I am a firm believer in
the sound regulation of the Indian gaming industry. Sound
regulation preserves public confidence, supports tribal self-
sufficiency and self-determination, protects tribal assets, and
promotes a safe and fair environment for all people who
interact with the industry.
In various settings, I have repeatedly laid out priorities
that I believe are well-targeted to ensure the sound regulation
of Indian gaming. These priorities include the continued
performance of all oversight duties, ongoing commitment to
training, technical assistance and meaningful tribal
consultation, staying ahead of the technological curve,
supporting a strong regulatory workforce, both at the NIGC and
among our regulatory partners, and strengthening dialogue and
relationships with all relevant stakeholders.
In implementing these priorities, I recognize the
importance of adherence to an independent, principled vision of
regulation consistent with IGRA. In the performance of my
chairman-specific duties, whether approving gaming ordinances,
management agreements or ensuring compliance and issuing
appropriate enforcement actions, I have relied on some key
guiding principles. They include the need to address and
mitigate activities that jeopardize the integrity of Indian
gaming and the valuable self-determination tool that it
represents; swiftly act on anything that jeopardizes the health
and safety of the public at gaming establishments, including
employees and patrons; engage in sound regulation without
unnecessarily stymieing the entrepreneurial spirit of tribes;
and protect against anything that amounts to gamesmanship on
the backs of tribes.
In the year and a half since I joined the NIGC, I have been
guided by these priorities and principles in my efforts to
faithfully implement IGRA. During this period, I have been
motivated by my family's belief in public service and the
opportunity it provides to honor one's responsibility to the
greater community. I believe my perspective continues to be an
extremely strong asset to the NIGC and the sound regulation of
Indian gaming.
Should I be confirmed to serve as Chairman, I commit to you
that I will continue to utilize my experience and perspective
to perform my duties in the most fair, principled and practical
manner possible.
Thank you for your time today. I am happy to answer any
questions you may have.
[The prepared statement and biographical information of Mr.
Chaudhuri follow:]
Prepared Statement of Jonodev Osceola Chaudhuri, Nominee to be Chairman
of the National Indian Gaming Commission
Mr. Chairman, Mr. Vice Chairman, Members of the Committee, Hensci,
or ``greetings/hello'' in the Mvskoke (Creek) language. Thank you for
providing me this opportunity to discuss my interest and willingness to
serve as Chairman of the National Indian Gaming Commission (NIGC). I am
deeply humbled that the President has resubmitted my nomination to you.
If confirmed, I intend to honor the President's confidence and your
support by serving the NIGC and the general public to the best of my
abilities.
As you are aware, I appeared before this committee in a prior
nomination hearing four months ago during the last Congress. I am
excited to expand on my statements from last year and introduce myself
to those of you who have recently joined the Committee.
With me today are my wife, Marissa Chaudhuri, and my sons Kanuux
and Hamati. I am so very grateful for their continued inspiration,
perseverance, and support. Kanuux, who is almost 8, is here despite his
criticism that the previous hearing did not include snacks. Hamati, who
just turned 5, is here as the last four months have had a marginally
beneficial impact on his trustworthiness to behave in public.
Unfortunately, my father is unable to attend today due to the heavy
toll that any travel takes on him now. I was ecstatic that he was able
to come to the Committee's November hearing, and I know that he is at
home in Arizona watching this hearing on the Internet in support of his
son.
In my testimony from last year's hearing, I provided you with an
overview of my personal and professional backgrounds and the role that
my family's values and experiences have played in shaping my commitment
to public service. Rather than restating all of that background, it is
sufficient for me to say that that commitment to service continues to
drive me in my role as Acting Chairman of the NIGC, and it is the basis
for my continued interest in formal confirmation as Chairman. Please
consider my testimony today to be an expansion of my November
testimony, which I would appreciate being incorporated into this
statement by reference. \1\
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\1\ see the November 12, 2014 Indian Affairs Committee hearing.
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It has been a profound privilege to work with and lead the highly
skilled and committed team at the NIGC. I am proud of the work that we
have done together to maintain stability in our operations and services
during a period of significant transition. Beyond simply keeping the
agency running smoothly, however, we have actively worked to strengthen
the regulatory structure of the Indian gaming industry during my time
at the agency. Much work remains, however.
As I mention at every opportunity, I am a firm believer in sound,
sensible regulation of the Indian gaming industry. In addition to being
consistent with the mandates of the Indian Gaming Regulatory Act
(IGRA), I believe sound regulation is an essential pillar of support
for the critical avenue to self-sufficiency and self-determination that
Indian gaming has proven to be for many tribal nations. Sound
regulation preserves public confidence, protects tribal assets, and
promotes a safe and fair environment for all people who interact with
the industry. I am committed to ceaselessly working to identify and
employ all practical methods to support industry compliance with IGRA.
In order to soundly regulate, we need to have the internal
capabilities to track and adjust to an ever-changing technological
landscape. I have taken active steps to ensure that the NIGC stay ahead
of technological developments in Indian gaming and general operations
management. Last summer, I worked with my fellow Commissioner, Dan
Little, and our senior leadership to use our recent headquarters move
as an opportunity to virtualize our server environment and upgrade much
of our hardware and audio-visual components. Additionally, we recently
offered tribes the option of submitting fees through Pay.gov. These
improvements have already improved our ability to coordinate with our
regulatory partners and safeguard information we receive from them.
Soon, we will be able to expand our training and technical assistance
capabilities to remote locations through the use of targeted webinars
and online trainings.
During my time as Acting Chairman, the Commission has engaged in
formal tribal consultations on technology in Indian gaming. Further, in
the performance of my Chairman-specific regulatory authorities, and as
an ongoing matter, I regularly work with our compliance and legal
professionals to assess whether various proposals and operations that
employ unique and innovative technical approaches comply with IGRA.
Through input received in our consultations as well as information
gleaned in our day-to-day regulatory work, I have become increasingly
mindful of the need to elevate and institutionalize our emphasis on
staying abreast of technological developments.
To this end, we are actively working to develop a comprehensive
approach to staying on top of technology developments in the field and
utilizing the most up-to-date knowledge available in the performance of
all agency functions, including our oversight functions, our training
and technical assistance, and our internal operations. Over the last
several months, we have assessed various avenues to implement a
cohesive technology vision that cuts across all agency functions. Most
recently, the Commission announced its intent to develop a technology
division that will further these efforts. Without significantly
altering the overall staffing of the agency, adding the voice of a
technology director to our senior leadership team will elevate the role
of technology internally and help inform future agency actions.
Although we already count among our numbers leading experts on
gaming technology, the formation of this division is consistent with my
philosophy that the preservation of critical agency expertise needs to
be reflected in our agency structure and not be solely tied to the good
fortune of having outstanding individuals on the team.
At the same time, I believe that it is imperative that we continue
to attract and retain the most capable and committed professionals that
we can. For this reason, I am proud that our last federal employee
viewpoint survey showed improved results for the agency in 78 percent
of the survey's questions, many of the most significant gains being
made in leadership categories. While significant work remains to be
done, I believe the agency is on the right track in doing what it can
to attract the most capable individuals to support its mission.
Identifying all practical methods to enhance industry compliance
with IGRA requires an openness to work with and listen to relevant
stakeholders. I have previously discussed my commitment to continued
consultation and cooperation with tribes who, per IGRA, are the primary
regulators of Indian gaming. In addition to being solidly grounded in
the law and consistent with longstanding federal Indian policy,
executive orders, and our agency's strategic plan, continued emphasis
on consultation with tribes and cooperation with the over 5,400 tribal
gaming regulators in the field is simply the most efficient and
practical way for the NIGC to fulfill its statutory responsibilities.
I was proud that the Commission engaged in targeted consultations
last year on topics that included technology in Indian gaming, and we
are actively working to implement many of the helpful recommendations
received through that dialogue. Additionally, the Commission recently
announced a robust slate of additional consultations to take place this
spring that will help us to further improve our regulatory and
operational functions.
In addition to formal tribal consultation, the NIGC must work
closely with other agencies within the Federal Government as well as
state regulators. While the NIGC may not always agree with its fellow
federal, state, and tribal regulators, it is essential that we have
open and frank communication. I am committed to improving those working
relationships.
While I absolutely will continue to listen to all relevant
stakeholders, I recognize the importance of adherence to an independent
internal vision of regulation consistent with the principles of IGRA.
In the performance of my Chairman-specific duties, whether approving
gaming ordinances and management agreements or ensuring compliance and
issuing appropriate enforcement actions, I have relied on some key
guiding principles. They include the need to:
Act within appropriate agency authority to address and
mitigate activity that jeopardizes the integrity of Indian
gaming and, by extension, the valuable self-determination tool
that it represents;
Swiftly act on anything that jeopardizes the health and
safety of the public at gaming establishments, including
employees and patrons;
Engage in sound regulation without unnecessarily stymieing
lawful economic development activities; and
Protect against anything that amounts to gamesmanship on the
backs of tribes.
As someone who has witnessed the undeniable benefits the Indian
gaming industry has provided to many Native communities, I know the
importance of protecting it. It is not the job of the NIGC to
artificially inhibit growth or the entrepreneurial spirit of tribes,
however, it is our job to ensure that a strong regulatory structure is
maintained so that the public continues to have confidence in the
industry. An efficient, well-functioning, and effective regulatory
structure protects the industry and promotes its integrity and health.
Keeping these principles in mind has been quite critical for me in
making the challenging decisions that I have already made as Acting
Chairman, and I am comfortable that they will provide appropriate
guidance to me should I be formally confirmed as Chair. These
principles directly flow from the mandates of IGRA, and I believe
adherence to them provides a clear path to sound regulation.
In conclusion, my personal and professional background has provided
me with a deep appreciation for the transformative impact that gaming
has had for many tribal nations and their efforts to pursue self-
determination and economic self-sufficiency. I am honored by the
opportunity I have been provided to assist in preserving the integrity
of the Indian gaming industry.
In the performance of my regulatory duties, I am constantly
reminded of the core values that my mother and father shared and
championed, primary among them a conviction that public service is an
expression of a person's fundamental responsibility to the greater
community good. Last November, I discussed specific family experiences,
both on my Mvskoke (Creek) side and my Indian-American side that
contributed to these values. In the year and a half since I joined the
NIGC, I have done my best to be faithful to these values, and I believe
my personal and professional perspective continues to be an extremely
strong asset to the agency and the regulation of Indian gaming. Should
I be confirmed to serve as Chairman, I commit to you that I will
continue to rely on these values to perform my duties in the most fair,
principled, and practical manner possible.
Thank you for your time today. I am happy to answer any questions
you may have.
______
a. biographical information
1. Name: (Include any former names or nicknames used.) Full Name:
Jonodev Osceola Chaudhuri Nickname: Jon
2. Position to which nominated: Chairman, National Indian Gaming
Commission
3. Date of nomination: January 8, 2015
4. Address: (List current place of residence and office addresses.)
Residence: Not released to the public
Office: 90 K Street N.E., Suite 200, Washington D.C. 20005
5. Date and place of birth: January 13, 1972 Tallahassee, Florida
6. Marital status: (Include maiden name of wife or husband's name.)
Wife's Name: Marissa Janelle Chaudhuri; Wife's Maiden Name: Merculieff
7. Names and ages of children: (Include stepchildren and children
from previous marriages.) Oldest son: Kanuux Auwa Chaudhuri, 7 years
old; Youngest Son: Hamati Tanagaax Chaudhuri, 4 years old
8. Education: (List secondary and higher education institutions,
dates attended, degree received, and date degree granted.)
Law School: Cornell Law School, Ithaca, NY, Fall 1996-Spring
1999, Juris Doctorate, 1999
College: Dartmouth College, Hanover, NH, Fall 1989-Spring
1993, Bachelor of Arts, 1993
High School: Tempe High School, Tempe, AZ, Fall 1985-Spring
1989, High School Degree, 1989
Summer Programs: Pre-Law Summer Institute, American Indian Law
Center, Albuquerque, NM, PLSI Certificate, 1996
Arizona State University Summer Math and Science Program,
Tempe, AZ, 1989, Summer math curriculum
Additional Course Work: Attended ASU College of Law as a
Visiting Student during 3rd year of law school (Fall 1998 and
Spring 1999), and took targeted coursework at ASU after college
graduation (symbolic logic and an American Indian policy
course).
9. Employment record: (List all jobs held since college, including
the title or description of job, name of employer, location of work,
and dates of employment, including any military service.)
Acting Chairman, National Indian Gaming Commission (NIGC)
Washington, D.C.; October 2013-April 2014; July 2014-Present
Vice Chairman/Associate Commissioner, NIGC Washington, D.C.;
September 2013-Present
Senior Counselor to the Assistant Secretary--Indian Affairs,
U.S. Department of the Interior Washington, D.C.; June 2012-
September 2013
Associate Judge, Puyallup Tribe of Indians Tacoma, WA; April
2011-May 2012
Deputy Public Defender, Maricopa County Public Defender's
Office, Phoenix, AZ; December 2010-April 2011
Managing Attorney, The Chaudhuri Law Office, PLLC, Tempe, AZ;
February 2006-December 2010
Associate, Snell & Wilmer, L.L.P., Phoenix, AZ; August 2001-
February 2006
Chief Justice/Associate Justice, Muscogee (Creek) Nation
Supreme Court, Okmulgee, OK; 2006-2012
Appellate Judge, San Manuel Mission Band of Indians Appeals
Court, Highland, CA; 2009-2012
Appellate Judge, Gila River Indian Community Court of Appeals,
Sacaton, AZ; 2008-2010
Associate Justice, Yavapai-Apache Nation Court of Appeals,
Camp Verde, AZ; 2005-2009
Adjunct/Visiting Faculty--
National Judicial College--Criminal & Civil Jurisdiction,
Full Faith & Credit (2010)
Phoenix College--Navajo Government (Spring, 2011)
South Mountain Community College--American Indian Studies
(Spring, 2010)
Phoenix College--Gaming; Jurisdiction; Practice Court (2000-
2003)
Judicial Clerk--Honorable Noel Fidel, Arizona Court of Appeals
(2000-2001)
Judicial Clerk--Honorable James M. Ackerman, Arizona Court of
Appeals (1999-2000)
Law Clerk--Federal Public Defender's Office (1999)
Law Clerk--Muscogee (Creek) Nation Supreme Court (1998)
Law Clerk--Salt River Pima-Maricopa Indian Community Court
(1997, 1999)
Law Clerk--Maricopa County Superior Court, Honorable James H.
Keppel (1997)
Culture and Enrichment Coordinator, Fort McDowell Yavapai
Nation, Fountain Hills, AZ, Fall of 1993 through Spring of
1996.
Sporting Goods Associate (or similar title), Dartmouth Co-op,
Hanover, NH (summer of 1993)
Dishwasher, Hanover Bakery, Hanover, NH (summer of 1993)
10. Government experience: (List any advisory, consultative,
honorary or other part-time service or positions with Federal, State,
or local governments, other than those listed above.)
U.S. Department of Justice, Office of Justice Programs, Peer
Grant Reviewer (2009, 2012)
State Bar of Arizona, Indian Law Section, Executive Council,
Past Chair (2005-2006) and Executive Committee Member (2003-
2007)
Arizona Federal, State, and Tribal Court Forum (Overseen by
Arizona Supreme Court), State Bar Representative (2004-2007)
11. Business relationships: (List all positions held as an officer,
director, trustee, partner, proprietor, agent, representative, or
consultant of any corporation, company, firm, partnership, or other
business enterprise, educational or other institution.)
Chaudhuri Law Office, PLLC, Manager, Managing Attorney
Law Office of Robert Lyttle, Contract Attorney, sometimes in
Of Counsel Capacity
12. Memberships: (List all memberships and offices held in
professional, fraternal, scholarly, civic, business, charitable and
other organizations.)
State Bar of Arizona (Active)
Washington State Bar Association (Active)
Oklahoma Bar Association (Active)
United States District Court, District of Western Oklahoma
United States District Court, District of Arizona
Muscogee Creek Nation Bar Association (Active)
Dartmouth College Alumni Council, General Council and
Nominating Committee
State Bar of Arizona, Indian Law Section, Executive Council,
Past Chair
Construction in Indian Country (CIIC) Executive Committee
Phoenix Indian Center, Past Member, Board of Directors
Arizona State, Tribal & Federal Court Forum, Past State Bar
Representative
American Bar Association Death Penalty Moratorium
Implementation Project Assessment Team
Arizona Indian Economic Development Breakfast Forum
Phoenix College Tribal Court Advocacy Advisory Committee,
Charter Member
American Indian Veterans Memorial Organization
Native American Heritage Preservation Coalition
Arizona Volunteer Lawyers Program
Native-POLL-ooza!, (non-partisan effort to increase Native
voter participation) Co-Chair/Principal Founder
National Congress of American Indians Native Vote National
Election Protection Program Arizona director (2004)
INDNS List, Past Arizona director of organization created to
identify and support Native American candidates for elected
office.
Native American Community Organizing Project, Community
organizer and pro bono counsel
Cornell Law Students Association
Cornell Journal of Law and Public Policy
Cornell American Indian Graduate Students Association
Cornell American Indian Law Students Association
National Native American Law Students Association
Native Americans at Dartmouth, President, 1992
13. Political affiliations and activities:
(a) List all offices with a political party which you have held or
any public office for which you have been a candidate: None.
(b) List all memberships and offices held in and services rendered
to all political parties or election committees during the last 10
years: None.
(c) Itemize all political contributions to any individual, campaign
organization, political party, political action committee, or similar
entity of $500 or more for the past 10 years:
Contributions to Harry Mitchell for Congress: 3/4/09--$1,000;
9/16/08--$1,000; 6/10/08--$500; 11/29/07 $700; 10/16/06--
$1,000.
Contribution to INDNs List, Indigenous Democratic Network: 10/
23/05--$1,070.
14. Honors and awards: (List all scholarships, fellowships,
honorary degrees, honorary society memberships, military medals and any
other special recognitions for outstanding service or achievements.)
Dartmouth College Tucker Foundation, Community Service
Fellowship Snell & Wilmer Community Leadership Award Muscogee
(Creek) Nation Supreme Court, Recognition of Service State Bar
of Arizona Indian Law Section, Recognition of Service as Past
Chair.
15. Published writings: (List the titles, publishers, and dates of
books, articles, reports, or other published materials which you have
written.)
Re-Creating the Circle: The Renewal of American Indian Self-
Determination, University of New Mexico Press, 2011, LaDonna
Harris, Stephen Sachs, Barbara Morris, et al. Contributing
author.
Fixing a Hole: Commercial Courts as a Tool for Tribal Economic
Development, The Arrow (Arizona State Bar Indian Law Section
Publication), 2002.
The Yavapai of Fort McDowell, An Outline of Their History and
Culture, 4th ed., Mead Publishing, 1995. Chief editor and
contributing author.
A Day In the Life of Tribal Court, The Defender (Public
Defender Publication), 2000.
16. Speeches: Provide the Committee with two copies of any formal
speeches you have delivered during the last 5 years which you have
copies of on topics relevant to the position for which you have been
nominated:
Although I have presented publicly on a number of occasions,
including on behalf of the NIGC, I do not use written scripts and
therefore do not have copies of any formal speeches. I am attaching a
copy of the written testimony I presented at the Committee's July 2014
hearing on the future of Indian gaming, as well as the written
statement presented to the Committee at my November 2014 confirmation
hearing. \1\
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\1\ See the July 23 and November 12, 2014 Indian Affairs Committee
hearings.
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17. Selection:
(a) Do you know why you were selected for the position to which you
have been nominated by the President?
Through my work at the NIGC and the Department of the Interior, I
have a proven track record of working with federal partners, tribal
leadership, and other relevant stakeholders to carry out the agency's
mission and meet relevant goals. My ability to do so has been bolstered
by my qualifications and professional experiences, discussed below.
(b) What in your background or employment experience do you believe
affirmatively qualifies you for this particular appointment?
I have served in a leadership role at the NIGC since September 4,
2013, much of that time spent as Acting Chairman of the agency. I have
developed working relationships with agency personnel, having made a
point to meet with regional staff at every opportunity. Working in this
capacity, I have gained important experience and have become familiar
with the day-to-day workings of the agency and the policy issues before
it. I believe that this proactive, positive approach has contributed to
improved results in a recent employee Viewpoint Survey (2014) for the
period during my tenure as Acting Chairman, when compared to the
previous year. Finally, through the Commission's outreach at
consultations, tribal leadership meetings, and industry functions, I
have expanded on my relationships with industry stakeholders to build
on the agency's goodwill and collaborative relationships.
In addition, my extensive professional experience has proven to be
directly relevant and helpful during my tenure with the agency. My
lengthy service as an attorney and teacher in the field of Indian law
and gaming matters has given me a solid understanding of the
Commission's legal and regulatory issues. My judicial experience has
given me a thoughtful, measured, approach to issue resolution with an
eye toward long-term impacts. My policy background from service at DOI
and a number of community organizations has given me a full picture of
how gaming and gaming decisions impact federal Indian policy and tribal
nation-building on a national scale. Finally, my volunteer service and
my lifetime service to underrepresented communities help me appreciate
how prudent economic development efforts positively impact real lives.
All of these experiences have given me a deep respect for efforts
tribes engage in to improve their communities and an appreciation for
the role that NIGC plays in protecting a critical avenue for tribal
economic development through sound regulation.
If confirmed, I will continue to support efficient and orderly
operations at the NIGC, and will ensure that our agency
responsibilities are fulfilled in the smoothest manner possible.
b. future employment relationships
1. Will you sever all connections with your present employers,
business firms, business associations, or business organizations if you
are confirmed by the Senate? N/A (My current employer is the National
Indian Gaming Commission.)
2. Do you have any plans, commitments, or agreements to pursue
outside employment, with or without compensation, during your service
with the government? If so, please explain: No.
3. Do you have any plans, commitments, or agreements after
completing government service to resume employment, affiliation, or
practice with your previous employer, business firm, association, or
organization? No.
4. Has anybody made a commitment to employ your services in any
capacity after you leave government service? No.
5. If confirmed, do you expect to serve out your full term or until
the next Presidential election, whichever is applicable? Yes.
c. potential conflicts of interest
1. Describe all financial arrangements, deferred compensation
agreements, and other continuing dealings with business associates,
clients, or customers: None.
2. Indicate any investments, obligations, liabilities, or other
relationships which could involve potential conflicts of interest in
the position to which you have been nominated: None.
3. Describe any business relationship, dealing, or financial
transaction Which you have had during the last 10 years, whether for
yourself, on behalf of a client, or acting as an agent, that could in
any way constitute or result in a possible conflict of interest in the
position to which you have been nominated:
In connection with the nomination process, I have consulted with
the Office of Government Ethics and the Department of the Interior's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the Department's designated agency ethics official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
4. Describe any activity during the past 10 years in which you have
engaged for the purpose of directly or indirectly influencing the
passage, defeat, or modification of any legislation or affecting the
administration and execution of law or public policy:
In my capacity as Senior Counselor to the Assistant Secretary--
Indian Affairs at the Department of the Interior and in my role at the
NIGC, I have participated in discussions of the implications of
legislative and budgetary policies that could impact those agencies. I
have at times carried out discussions with congressional committee
staffs on such issues. I have not otherwise engaged in activities to
influence the legislative process.
5. Explain how you will resolve any potential conflict of interest,
including any that may be disclosed by your responses to the above
items: (Please provide a copy of any trust or other agreements.)
As I noted in response to Question 3 above, I have consulted with
the Office of Government Ethics and the Department of the Interior's
designated agency ethics official to identify potential conflicts of
interest. Any potential conflicts of interest will be resolved in
accordance with the terms of an ethics agreement that I have entered
into with the Department's designated agency ethics official and that
has been provided to this Committee. I am not aware of any other
potential conflicts of interest.
6. Do you agree to have written opinions provided to the Committee
by the designated agency ethics officer of the agency to which you are
nominated and by the Office of Government Ethics concerning potential
conflicts of interest or any legal impediments to your serving in this
position? Yes.
d. legal matters
1. Have you ever been disciplined or cited for a breach of ethics
by, or been the subject of a complaint to any court, administrative
agency, professional association, disciplinary committee, or other
professional group? If so, please explain:
I have never been disciplined or cited for any breach of ethics by
any court, administrative agency, professional association,
disciplinary committee, or other professional group. In a previous
judicial position, I was the subject of a complaint to an internal
administrative committee that was subsequently withdrawn.
2. Have you ever been investigated, arrested, charged, or held by
any Federal, State, or other law enforcement authority for violation of
any Federal, State, county, or municipal law, regulation, or ordinance,
other than for a minor traffic offense? If so, please explain:
In January of 2000, I was ticketed for and pleaded no contest to a
charge of driving under the influence.
3. Have you or any entity, partnership or other association,
whether incorporated or unincorporated, of which you are or were an
officer ever been involved as a party in an administrative agency
proceeding or civil litigation? If so, please explain:
In 2011, my wife and I were the prevailing party in a small claims
case involving allegations of non-payment for our wedding photographs.
In 1995 my family filed a civil suit for violation of civil rights,
invasion of privacy, and tortious infliction of emotional distress. The
matter was settled prior to trial.
In 1995, I filed an injunction which was served against the ex-
husband of my then-girlfriend, who threatened us, and he filed, but did
not serve, an injunction against me in retaliation. No formal
prosecution resulted from these actions.
4. Have you ever been convicted (including pleas of guilty or nolo
contendere) of any criminal violation other than a minor traffic
offense? If so, please explain:
Yes, see answer to Question 2, above.
5. Please advise the Committee of any additional information,
favorable or unfavorable, which you feel should be disclosed in
connection with your nomination:
I offer the following additional information to the Committee:
I have always enjoyed games of strategy; in addition to
winning and placing in various chess tournaments, I achieved a
United States Chess Federation title of expert while in high
school. I have played card games, including poker, and have won
poker tournaments in the past. Since working at the NIGC, while
I have played on one occasion at a non-tribal casino, I have
not, and would not, play at casinos regulated by the NIGC. I
have always committed myself to the highest ethical standards
and will continue to do so during my tenure at the agency. In
this spirit of this commitment, I will forego such activity at
any casino during my remaining tenure on the Commission.
Gaming has had a monumental impact on tribes that have been
able to benefit from it, and I appreciate the importance of
sound regulation in the industry. If confirmed, I will do all
that I can to collaborate with tribes and industry stakeholders
to ensure that the NIGC fulfills its statutory
responsibilities.
e. relationship with committee
1. Will you ensure that your department/agency complies with
deadlines for information set by congressional committees? Yes.
2. Will you ensure that your department/agency does whatever it can
to protect congressional witnesses and whistle blowers from reprisal
for their testimony and disclosures? Yes.
3. Will you cooperate in providing the Committee with requested
witnesses, including technical experts and career employees, with
firsthand knowledge of matters of interest to the Committee? Yes.
4. Please explain how if confirmed, you will review regulations
issued by your department/agency, and work closely with Congress, to
ensure that such regulations comply with the spirit of the laws passed
by Congress:
The NIGC's strategic plan requires it to engage in ongoing
regulatory review. Given that the gaming industry is driven by ever-
changing technology and market dynamics, the agency actively consults
with tribes and works with stakeholders to monitor its regulations. I
look forward to a continuing dialogue with Congress regarding industry
regulation, and I intend to continue to work with our Office of General
Counsel and relevant federal partners, such as DOJ, to make sure our
regulations comply with the law.
5. Are you willing to appear and testify before any duly
constituted committee of the Congress on such occasions as you may be
reasonably requested to do so? Yes.
f. general qualifications and views
1. How does your previous professional experiences and education
qualify you for the position for which you have been nominated?
As discussed in response to Question A17, I believe my professional
experiences and education have provided me with a strong foundation for
service as Chairman of the NIGC. My service as Acting Chairman, an
Indian law practitioner and teacher, an appellate and trial court
judge, a senior counselor on numerous policy issues, and a community
volunteer all help me understand how gaming and the NIGC fit into
broader nation-building and self-determination efforts in which tribes
engage. Further, my work with federal, tribal, and state governments
has provided me with a great respect for collaboration and cooperation
among jurisdictions to achieve outcomes of mutual benefit. Finally,
having worked in a number of public trust positions as well as the
private sector--with a large law firm and my own firm--I appreciate the
importance of best practices and fiscal stewardship in management of a
government agency. Together, the above experiences provide me with a
helpful context for the regulatory and administrative work the
Commission performs, and I would be honored to continue to use my
background to serve the agency.
2. Why do you wish to serve in the position for which you have been
nominated?
As an extension of my family's longstanding service to Indian
country and the community as a whole--my father is a retired political
science professor and my late mother was a lifelong volunteer on behalf
of community organizations and projects--I am a staunch believer in
public service.
Further, it is a reality that gaming has had a profound impact for
those communities that have benefited from it. I have seen this
firsthand in my tribe and tribes in which I have worked. Before law
school, from 1993-1996, I worked as an educator (a culture and
enrichment coordinator) for an Arizona tribe whose gaming operation was
in the early stages of flourishing. I was an observer to how that
community used its gaming resources to invest in infrastructure,
community health programs, educational services, and cultural
preservation efforts. Similarly, I saw how my tribe and neighboring
tribes in southeastern Oklahoma began using gaming revenue to transform
opportunities for subsequent generations.
How a given tribe uses gaming and gaming revenue to pursue broader
economic development and nation-building as a whole will depend on the
needs and vision of that community. Respecting tribal sovereignty is a
fundamental value for me. I believe the NIGC, in cooperation with
tribes, tribal regulators, federal partners, and states, plays a
critical role in protecting the gaming industry through sound
regulation and observance of IGRA's mandates. I welcome the opportunity
to do what I can to ensure the NIGC continues to perform that role with
diligence, professionalism, and respect.
3. What goals have you established for your first two years in this
position, if confirmed?
As gaming is a technology-driven industry, a priority of the agency
must be allocating sufficient attention and resources to ensure that
its infrastructure, staffing, regulations, and services (i.e., training
and technical assistance) incorporate relevant and appropriate
technology. I am proud that I have already taken steps toward this goal
as the Commission recently launched a series of consultations intended
to seek tribal input on how the agency may better use emerging
technologies to provide outreach and services to tribes. Similarly, I
am also proud that the NIGC used its recent DC headquarters move as an
opportunity to update its IT and AV infrastructure. Maintaining up-to-
date IT capacity as well as expanding our AV training and technical
assistance capabilities to serve remote communities will be a continued
priority for me. Further, I look forward to helping monitor our
regulations to ensure that they consistently reflect the goals of IGRA
in light of technological and market-driven changes in the industry.
4. What skills do you believe you may be lacking which may be
necessary to successfully carry out this position? What steps can be
taken to obtain those skills?
Through my judicial service, client representation, DOI service,
cultural and familial ties, and living and studying in various locales,
I am familiar with gaming issues and other policy matters facing tribes
in most regions of the country. Despite having been born in Florida, my
exposure to issues facing tribes in the Southeastern United States has
been somewhat limited. I intend to work with appropriate tribal
representatives and stakeholders in that region to expand my knowledge
of area-specific issues. Further, I intend to build on my management
skills and knowledge of the ever-changing gaming industry through
continued dialogue and trainings with relevant experts. An efficiently-
managed regulatory agency necessarily relies on a skilled staff with a
diverse set of expertise--i.e., legal, technological, operational, etc.
Although it is impossible for any agency official, including an agency
head, to be an expert in all things, good leadership requires an
understanding of how various skillsets contribute to achieving an
agency's goals and working to ensure that all agency officials work in
unison toward those goals. From my time on the Commission, bolstered by
my experience prior to joining the Commission, I have a solid
understanding of the importance and relevance of the various NIGC
officials' roles. I will continue to rely on available in-house
expertise as appropriate, support our specialized staff as much as
possible, and enhance our expertise as guided by continued consultation
and operational review.
5. Please discuss your philosophical views on the role of
government. Include a discussion of when you believe the government
should involve itself in the private sector, when society's problems
should be left to the private sector, and what standards should be used
to determine when a government program is no longer necessary:
Overall, I believe the guiding principle of the role of government
should be balance. In most matters, an ideal balance between oversight
and private action is one that at once ensures fundamental fairness and
honest dealing while not creating unnecessary impediments to private
activity. As applied to the NIGC, the agency's ACE initiative seeks to
strike that balance. Through assistance in the form of training and
technical assistance, the agency seeks to work with tribes and
regulators to ensure compliance with IGRA mandates and NIGC
regulations. The idea is that through earnest effort on the front end,
IGRA violations will naturally decline. The NIGC takes its oversight
role extremely seriously, but sees significant benefit and efficiency
in working in a collaborative manner to address issues before they
become serious problems. Similarly, our regulations aim to implement
IGRA in a manner consistent with the statute without creating
unnecessary or arbitrary impediments in the industry.
6. Describe the current mission, major programs, and major
operational objectives of the department/agency to which you have been
nominated:
As stated in all agency materials:
The Commission's primary mission is to work within the
framework created by the Indian Gaming Regulatory Act (IGRA)
for the regulation of gaming activities conducted by tribes on
Indian lands to fully realize IGRA's goals: (1) promoting
tribal economic development, self-sufficiency and strong tribal
governments; (2) maintaining the integrity of the Indian gaming
industry; and (3) ensuring that tribes are the primary
beneficiaries of their gaming activities.
To achieve these goals, the Commission is to adhere to the
principles of good government, including transparency and
agency accountability; to promote fiscal responsibility; to
operate with consistency and clarity to ensure fairness in the
administration of IGRA; and to respect the capabilities and
responsibilities of each sovereign tribal nation in order to
fully promote tribal economic development, self-sufficiency and
strong tribal governments.
I intend to continue the gains made in recent years in outreach to
tribes and regulators through our agency-wide commitment to the ACE
initiative. Standing for ``Assistance'', ``Compliance'', and, when
necessary, ``Enforcement'', the agency seeks to fulfill its oversight
responsibilities while doing what it can to assist tribal gaming
operations achieve compliance. I believe this initiative is a major
achievement for the Administration and has led to considerable positive
outreach with tribes, as well as many states. I look forward to
continuing the positive trajectory of the agency in this regard.
7. What do you believe to be the top three challenges facing the
department/agency and why? I believe the top three challenges facing
NIGC all relate to staving ahead of the technological curve. They are:
Creating and maintaining up-to-date infrastructure.
Retaining and recruiting skilled experts.
Maintaining current regulations in a technological industry.
Each of these challenges stem from the reality that gaming is
driven by the market, and the gaming market is constantly developing
new technologies for the gaming consumer. The Indian gaming industry is
no stranger to this dynamic as tribal gaming is responsible for many of
the technological improvements in the international gaming industry.
However, the ever-changing face of gaming presents logistical
challenges. As an agency, the NIGC must do what it can to ensure that
in-house expertise is capable of serving all agency needs, including
internal IT and information management, ensuring adequate protection in
information-sharing with gaming facilities and other agencies,
providing meaningful training and technical assistance, and ensuring
that we can sufficiently perform our auditing and enforcement
functions. Attorneys and operational professionals who are capable of
performing these functions have many employment options. The NIGC has
been committed to doing what it can to recruit and retain leaders in
these fields. Similarly, its internal infrastructure and regulations
need to be kept upto-date at all times. Ensuring sufficient staffing
who understand these issues will be fundamental to these efforts. I
look forward to addressing these challenges, if I am confirmed.
8. In reference to question number six, what factors in your
opinion have kept the department/agency from achieving its missions
over the past several years?
Overall, I believe the NIGC has done well in fulfilling its mission
over the last several years, and I am committed to building upon the
agency's positive efforts, if confirmed.
9. Who are the stakeholders in the work of this department/agency?
As stated above, IGRA's express goals are: (1) promoting tribal
economic development, selfsufficiency and strong tribal governments;
(2) maintaining the integrity of the Indian gaming industry; and (3)
ensuring that tribes are the primary beneficiaries of their gaming
activities.
Thus, under IGRA, tribes and tribal regulators are primary
stakeholders in the NIGC's work. States also play an important role in
regulation of class III gaming. The Department of the Interior,
especially DOI-Indian Affairs has a large role in numerous gaming
matters, so maintaining good relationships with DOI is beneficial.
Other federal partners, such as DOJ and the FBI work closely with the
NIGC. Finally, industry operational experts play an important role in
Indian gaming, and the agency does make an effort to be aware of their
perspectives.
10. What is the proper relationship between the position to which
you have been nominated, and the stakeholders identified in question
number nine?
The appropriate relationship is one of collaboration, with
appropriate boundaries.
11. The Chief Financial Officers Act requires all government
departments and agencies to develop sound financial management
practices.
a) What do you believe are your responsibilities, if confirmed, to
ensure that your department/agency has proper management and accounting
controls?
Given that adherence to the principles of good government is key to
achieving the NIGC's mission, proper management and accounting controls
by the agency are very important. If confirmed, my responsibilities
will include working with NIGC staff to ensure that such systems are in
place so that the agency can effectively perform its auditing and
enforcement functions in a transparent and accountable way and in
accordance with NIGC's statutory responsibilities. As a federal agency,
it must be held accountable for compliance with all applicable laws.
b) What experience do you have in managing a large organization?
As mentioned in response to an earlier question, I have enjoyed
serving in a leadership capacity at the NIGC since September 4, 2013.
Much of that time was spent as Acting Chairman. Further, as Chief
Justice of the Muscogee (Creek) Nation, I was not only the
administrative head of the judiciary of the fourth largest tribe in the
country, I oversaw the Supreme Court's management of the tribe's large
bar association. Finally, I have experience working in numerous types
of administrative settings in the private sector as well as within
federal, state, and tribal settings.
12. The Government Performance and Results Act requires all
government departments and agencies to identify measurable performance
goals and to report to Congress on their success in achieving these
goals.
a) What benefits, if any, do you see in identifying performance
goals and reporting on progress in achieving those goals?
I see enormous benefit to having clearly-stated goals from both a
management and a policy perspective. Such goals help set priorities and
motivate all organizational members to work in a collaborative fashion.
Engaging relevant stakeholder in setting goals also produces buy-in and
improves cooperation after the goals are set. I am happy to work with
the appropriate officials to ensure ongoing compliance.
b) What steps should Congress consider taking when a department/
agency fails to achieve its performance goals?
Should these steps include the elimination, privatization,
downsizing, or consolidation of departments and/or programs? There are
many reasons why an agency may fail to achieve performance goals. It is
important that the cause of any failure be identified so that agency
personnel and Congress can better understand the issues and develop
appropriate responses. If confirmed I would ensure that NIGC strives to
meet its performance goals, and I would work with the Committee to
ensure the agency had necessary authority to effectively carry out its
mission.
c) What performance goals do you believe should be applicable to
your personal performance, if confirmed?
Last year the NIGC published its Strategic Plan for the next five
fiscal years. That plan contains 5 strategic goals for the Commission
that identify key areas for performance improvement and reflect the
direction in which the NIGC wants to move in order to realize its
mission. These goals include:
1. Continue the Assistance, Compliance and Enforcement
initiative;
2. Improve technical assistance and training for stakeholders;
3. Improve and update the NIGC's regulations;
4. Improve consultation, communication and relationship
building with tribal regulatory authorities, and federal and
state agencies; and
5. Increase efficiency, transparency and accountability.
If confirmed as Chairman, I believe it is appropriate that I be
held accountable for the NIGC's efforts to meet these performance
goals.
13. Please describe your philosophy of supervisor/employee
relationships. Generally, what supervisory model do you follow? Have
any employee complaints been brought against you?
I am a strong believer in a team-based approach. No employees have
brought complaints against me. I believe that my approach has
contributed to improved results in a recent employee Viewpoint Survey
(2014) for the period during my tenure as Acting Chairman, when
compared to the previous year.
14. Describe your working relationship, if any, with the Congress.
Does your professional experience include working with committees of
Congress? If yes, please explain:
As noted in the response to Question C4, in my capacity as Senior
Counselor to the Assistant Secretary--Indian Affairs at the Department
of the Interior and in my role at the NIGC I have at times carried out
discussions with congressional committee staff on policy and
legislative issues. I believe that through these discussions, I have
developed a positive, but limited working relationship with
congressional staff, including staff for this Committee.
15. Please explain what you believe to be the proper relationship
between yourself, if confirmed, and the Inspector General of your
department/agency:
The NIGC works with the DOI Inspector General's Office on matters
under investigation by that office. I intend to support an open and
responsive relationship with the DOI Inspector General.
16. In the areas under the department/agency's jurisdiction to
which you have been nominated, what legislative action(s) should
Congress consider as priorities?
Please state your personal views: One area where NIGC strives to
adapt to continue to play a relevant role is in meeting the demands of
constant technological change. Currently, several different bills on
Internet gaming have been introduced by members of Congress. Some of
these bills address the NIGC's role and some do not. The NIGC has heard
a variety of viewpoints on the matter from various tribes and
stakeholders, and I believe it is important to continue to hear from
those entities in the future.
17. Within your area of control, will you pledge to develop and
implement a system that allocates discretionary spending in an open
manner through a set of fair and objective established criteria? If
yes, please explain what steps you intend to take and a timeframe for
their implementation. If not, please explain why.
Yes. I fully support fiscal transparency. As the NIGC is funded by
fees paid by tribes engaged in Indian gaming, I am personally committed
to being a good steward of such fees. I-am committed to working with my
colleagues at the agency to regularly review our budgeting process with
an eye toward transparency and compliance with applicable law.
g. financial data
Information not released to the public.
The Chairman. Thank you very much.
Thank you for your testimony. Hello to your father, who is
watching on the internet. We will go first to Senator Tester.
Senator Tester. Thank you, Mr. Chairman.
As your testimony pointed out, you have been in this
position for about a year and a half on an acting basis. Can
you describe the impacts of having not been confirmed and being
in an acting position to the commission?
Mr. Chaudhuri. Thank you, Vice Chairman.
First and foremost, we have had many successes. By and
large, the agency has been operating to the best of its
abilities in a smooth manner for the last year and a half. To
that, I credit the incredible commitment and skill of the
excellent team that we have at the National Indian Gaming
Commission. Many of them are here today, our senior leadership
is here, of their own accord: Our chief of staff and our
general counsel, as well as my fellow commissioner, Dan Little.
The commitment that all of them have is real and it goes to the
core of their belief systems.
But I must say that there is a need to have a confirmed
chairman. IGRA contemplates a confirmed chairman, one nominated
by the President and confirmed by the Senate. It's essentially
a constitutional officer that needs to be running an agency of
the NIGC's importance.
In addition to that, IGRA contemplates a full commission.
We have done what we could despite having two-thirds of a
commission in place. But we need a confirmed chairman for
stability and for the persuasive authority that a
constitutional officer provides in the chair position.
Senator Tester. Could you give me an idea of how many
people work under you?
Mr. Chaudhuri. Numbers-wise, we are a small agency. So we
have 100 employees at this time, approximately 100. I think we
just added one very recently. But we work with and leverage
relationships with well over 5,000, I think over 5,400, tribal
regulators in the field. That is why it is so important for us
to have positive collaborative relationships with regulatory
partners.
Senator Tester. Can you tell me where your money comes from
to operate your agency?
Mr. Chaudhuri. Thank you, Vice Chairman. We are not an
appropriated agency. Our funds come directly from fees that
tribes submit.
Senator Tester. Okay. So you are probably not going to be
able to answer this question, so I am going to ask it anyway.
There is a tribe that the NIGC issued a notice of violation
to back in 2009, long before you came on board. That tribe has
appealed that notice but has never received a final decision on
that appeal from NIGC. I understand there are reasons, but it
has been over five years.
Generally speaking, do you have a statutory or regulatory
time frame in which NIGC is supposed to make a decision when
notices get appealed?
Mr. Chaudhuri. We do. And it is a priority for us to
process all appeals as quickly as possible.
Senator Tester. How long is that time frame?
Mr. Chaudhuri. Under our regulations, our time frame for
acting on appeals is currently 90 days. The appeal in question
I think you are referencing was brought well before our new
regulations were in place. With that said, there have been a
number of intervening factors, pleadings and withdrawals of
pleadings in that case at various times. That case is currently
in litigation. We frankly were poised to issue a decision when
litigation was filed.
We remain poised to issue a decision and very well could
make one soon. But at the current moment, we are addressing
where things stand in the litigation.
Senator Tester. So I don't want to put words in your mouth.
Are you saying that there will or will not be a decision while
litigation is going on?
Mr. Chaudhuri. There very well could be. But the last thing
we want to do is foster a perception that we are trying to
influence the litigation. We are very close to being able to
make a decision. But we will do it in a thorough manner based
on an appropriate time frame that is specific to the appeal
itself.
Senator Tester. And in regard to this, as far as Indian
appeals goes, I appreciate the fact that you think they should
be done as quickly as possible. I feel the same way you do. I
do think five years is a bit much, to be honest with you. So
anything you can do to get that squared away would be good.
My last question is this, when you talk to some and they
will tell you that Indian gaming is on the decline and that
they have maxed themselves out, that they have more casinos out
there than what can be supported by the population. I just want
to get your opinion, this will have no impact on your
confirmation, but just your opinion. Do you think we have the
right number of casinos? Do you think we should be encouraging
more casinos to be built? Or do you think that in fact, Indian
gaming quite possibly is on the decline.
Mr. Chaudhuri. Thank you, Mr. Vice Chairman. I will give
you two answers, which are basically the same answer. The first
answer is that while I am wearing my hat as a regulator and the
other answer is my personal opinion. As a regulator, our focus
is solely on the implementation of IGRA. Expansion or
contraction of the industry is not our concern.
On a personal basis, though, I recognize that sound
regulation helps create an environment for successful business
to occur. So I believe ultimately sound regulation leads to
strengthening the agency.
Now, gross gaming revenue is an aggregate number that lumps
in all the numbers from all facilities across the Country. We
all know different tribes are differently situated. Some
operations only pay payroll and only pay for the jobs that are
created by the employees and the folks that work for the
facility. Those operations are profoundly important to the
communities that they serve.
So I am not so much fixated on the actual size of the
industry. As a regulator, I am fixated on doing whatever I can
to assist all operators equally so that everybody has a fair
shot at regulating their operations in a fair manner.
Senator Tester. Thank you, Jonodev. I will just go back
where we started, Mr. Chairman, I am looking forward to getting
this fellow confirmed as quickly as possible. Thank you, Mr.
Chairman.
The Chairman. Thank you, Mr. Vice Chairman.
Senator Franken?
STATEMENT OF HON. AL FRANKEN,
U.S. SENATOR FROM MINNESOTA
Senator Franken. Thank you, Mr. Chaudhuri, for being back
again. Hamati, you are doing great, you are doing really well.
I am proud of you. And your dad is proud of you.
Mr. Chaudhuri. Do you have any snacks?
[Laughter.]
Senator Franken. Exactly.
Mr. Chaudhuri, I have heard some frustration from tribes in
my State about the amount of time it takes to get NIGC to
review applications for gaming ventures. I have also heard that
there has been some improvement recently. So I want to thank
you for that. This certainly isn't an issue that is confined to
the NIGC among Federal agencies. But some of these applications
are very time-sensitive and tribes need your go-ahead to
capitalize on economic development opportunities.
Are delays like that due to a lack of the necessary
resources to do the job? Are there internal processes that you
can improve to speed things up?
Mr. Chaudhuri. Thank you, Senator. If I may, and I mean no
disrespect by this, refer to you by the nickname that your two-
year old grandson refers to you as, from what I understand,
which is Senator.
[Laughter.]
Senator Franken. Yes, correct.
Mr. Chaudhuri. I read that somewhere.
Senator Franken. I see it as more of an homage.
[Laughter.]
Mr. Chaudhuri. Okay. Thank you.
We are very concerned about maintaining positive
relationships with the regulating community. And timeliness is
part of that. We have an emphasis on being responsive at the
agency, and being timely in our responses. That is why in
reference to the last question, timeliness of appeals concerns
me.
Internally, we are looking at all of our processes
collectively to make sure that internally we have benchmarks
associated with the processing of any request, be it a facility
license notification, be it a request for a declination letter,
be it any type of ordinance that is submitted. We want there to
be a uniform approach that imposes some accountability to make
sure that we are responsive in terms of timelines.
If there have been benefits over the last month, regarding
shortening of time periods, I would credit our efforts to look
at all of our processes and have a clear understanding of where
our own internal benchmarks are. But no matter how good we do
things, I always want to make sure we do our best to do them
better.
Senator Franken. Last time you were here, we discussed the
importance of technology. You brought it up again, you are
developing a new office for that. I really am curious, just
what are the new technologies? Where are they being developed?
Is this developing employment opportunities among tribes, and
members of tribes? I am curious as to that whole look at the
overarching thing of this kind of technology. I understand
gaming is an industry. So the same people who are doing
technology, I imagine, in Las Vegas, are doing it in Indian
country. But how does it work and what are we talking about?
Mr. Chaudhuri. Thank you, Senator. That is a huge question,
because technology is a widely encompassing concept. Technology
touches everything we do at the NIGC. We recognize that staying
abreast of technology is important when it comes to the
training and technical assistance we provide. We have to
provide up to date training and technical assistance. Up to
date technology is important in terms of our oversight
responsibilities, in terms of being able to process audit
materials and financial statements that come through, with an
eye towards how the submissions, what they mean given the
various platforms that they were submitted in.
Technology affects our ongoing regulatory responsibilities.
We have a responsibility to make sure that we provide up to
date technical standards when we are requiring compliance in
the industry. And then finally, internally, as an agency, we
have to make sure that our operations are technologically up to
date.
In recognition of the broad, sweeping role that technology
and developments in the Indian gaming industry present to us as
an agency, we've recently elevated the role of technology
within NIGC. We are creating a division of technology to be led
by a director of technology whose voice will contribute to
senior leadership's discussions regarding creating a unified,
consistent philosophy and approach to technology. Part of that,
I recognize, I know my own limitations. I am personally not a
technical expert. But I hope I have enough sense to recognize
the need to elevate the role of technology in the agency and
support the technical experts that we do have.
I don't know if I answered your question, Senator.
Senator Franken. You did. Basically what I am hearing, and
my time is way over, is that this is technology that any
business, of course, would be using. But I was interested in
the gaming technology in particular. But I am way past my time
and Hamati is looking at me like, don't take any more time.
[Laughter.]
The Chairman. And he is not the only one.
[Laughter.]
The Chairman. Senator Udall?
STATEMENT OF HON. TOM UDALL,
U.S. SENATOR FROM NEW MEXICO
Senator Udall. Thank you, Mr. Chairman.
You have very well-behaved kids there. I am really
impressed. They are doing well. They are kind of separated from
each other.
Mr. Chaudhuri. That is the secret.
Senator Udall. That is a good sign, too, mom is in between.
Well, I wanted to ask about your consultation and technical
assistance to tribes. I think it is one of the things that
under IGRA and ensuring IGRA compliance that is really
important that you do. How do you plan to accomplish this
moving forward? Do you believe you have adequate resources,
like technology and staffing, to ensure that the Commission
stays on top of the new regulatory issues? How do you provide
this technical assistance? Are people there working on the
ground with the tribes? Do you see any area of improving in
providing consultation and technical assistance to prevent
violations beforehand, so you get out in front of problems?
Mr. Chaudhuri. Thank you, Senator. The ability to provide
up to date technological information is dependent on your
capacity as an agency. So your question is right on target and
very much appreciated.
Currently, given our current regulatory responsibilities
under IGRA, I do believe we have the resources and the tools
needed to not just perform our oversight roles, but perform
sufficient technical assistance. In terms of consultation, any
moves that we make as an agency, any significant moves we make,
we recognize the obligation and the benefit of doing so hand-
in-hand with voices from the Indian gaming community,
specifically tribes who are the primary regulators of Indian
gaming.
Despite the lack of a confirmed chair over the last year
and a half, we have continued our path toward active
consultation. We held some meaningful consultations last year
regarding technology as well as some aspects of management
agreement approvals. I am personally of the mindset that you
don't want to impose another round of consultations without
doing active work on previous ones. Those last consultations
helped lead us to a decision to create a technology division
within the agency. Further, those consultations have led us to
some specific proposals regarding updating our NEPA handbook at
the agency.
But we anticipate ongoing consultations with tribes
regarding technology, as well as, bringing folks in house. We
already have folks in house who can do this. But maintaining
the right folks in house, who can continue to implement a
cohesive technology vision within Indian Country, within the
Indian gaming industry.
Senator Udall. Do you have the capability to send people
out to a tribe and put people on the ground? Or is more of
this, as you talked about, through conferencing and bringing
people to Washington and that kind of thing?
Mr. Chaudhuri. Thank you, Senator. Both. And we actively
send people out on a regular basis. We have a training manager
within our agency who works with our compliance staff, with our
general counsel's office and other relevant members of our team
to perform subject matter specific trainings, either in terms
of general trainings or on a tribe-specific basis.
So we provide free of cost to a given regulatory body, free
of cost, we provide targeted trainings in addition to general
trainings. If I could just mention, we are on pace this year to
provide more trainings to more people in Indian country than we
ever have before. In 2014, we trained more people at more
trainings than ever before. I have the numbers.
Senator Udall. And please submit the numbers to us, if they
are in your testimony they will already be in. Do you have them
there?
Mr. Chaudhuri. Yes. For 2014, we trained 2,830 regulatory
partners, at 838 compliance reviews and trainings. In 2015,
this is only March 11th, we have already had 91 training
events, training 628 participants. Thank you for the
opportunity to mention that. We are very proud of that, as an
agency.
Senator Udall. And I assume you are trying to get out in
front of violations and be preventive.
Mr. Chaudhuri. Absolutely. That is our whole philosophy.
You work as hard as you can on the front end to avoid
violations; enforcement always being an option and always
available. But not solely putting yourself in an enforcement
box, but putting the work in and doing the job to make sure
that you are working with regulators on a day to day basis to
avoid compliance issues.
Senator Udall. Thank you very much.
Mr. Chaudhuri. Thank you, Senator.
The Chairman. Senator Heitkamp?
STATEMENT OF HON. HEIDI HEITKAMP,
U.S. SENATOR FROM NORTH DAKOTA
Senator Heitkamp. Thank you, Mr. Chairman.
Welcome and congratulations on your nomination. I am going
to come at this a little differently. I think it is really
important, what you said, that the first line of defense are
the tribes themselves. I think way too often we think that this
regulation is imposed on the tribes. Almost every tribe in
North Dakota has kind of a regulatory arm to that that oversees
the operation of tribal gaming.
So we have tribal regulation, we have State regulation
under the compacts, and we have Federal regulation. Obviously I
am concerned about harmonization of all those regulations, so
we don't see a huge kind of regulatory burden, such as we have
to do this to satisfy this guy, this to satisfy her and this to
satisfy those guys at the Indian Gaming Regulatory Commission.
So what I am going to ask is two things. Number one, how do
you see harmonization of all those regulatory bodies? And who
is responsible for making sure that there isn't inconsistent
regulation? Then on the other side, looking at all of these,
are there some places where you have seen in your experience
best practices that a State imposed a technological kind of
solution that Senator Franken was talking about, or whether it
has been an opportunity to learn from other regulators of
Indian gaming?
Mr. Chaudhuri. Thank you, Senator. That shows excellent
insight into our daily work.
Senator Heitkamp. I used to do this for a living.
Mr. Chaudhuri. Thank you so much. So IGRA does create a
multi-tiered system of regulation. Indian gaming is the most
regulated gaming industry in the world. We have, as IGRA points
out, tribes as the primary beneficiaries of Indian gaming, as
you referenced, the front line in Indian gaming. You have the
Federal Government. But based on compacts you have States in
there as well.
In addition to being good policy, it just makes sense from
a practical fiscal perspective to work with your regulatory
partners. So we recognize, if you have 5,400 regulatory
partners in the field, who are the primary regulators of Indian
gaming, why wouldn't you foster positive relationships with
them as possible? You don't want either side to be playing hide
the ball. So avoiding overlap or redundancy is very important
to us. I think you do that through communication, through
meaningful consultation, through not creating redundant
regulations. We try to streamline both things internally
through our operations and externally through our regulations
to ensure maximum cooperation with tribes.
But let me just say one thing just very briefly, Senator.
The communities in your State, the tribal nations in your State
are exactly the type of communities that I want to work harder
to serve. Thos are rural communities, many of them are smaller
tribal gaming operations who I think can benefit the most from
our training and technical assistance.
So back to the previous question about what types of
trainings we do. Part of the reason we are ramping up our
technology is to provide----
Senator Heitkamp. We are kind of running out of time. But I
want to refocus you on what State regulations have you looked
at and said, those are really smart, I wonder if we would think
about deploying those kinds of State techniques in a broader
sense to the national regulatory kind of scheme.
Mr. Chaudhuri. Well, certainly States have been active
voices in many of the regulatory tweaks that we have already
made, through comments, written comments or various
submissions. But as part of our day-to-day work, we regularly
look at State structures. We play very little role, we play no
role in the development of compacts. Our focus on regulation
takes place after a compact is issued.
That said, some of the mechanisms that are often included
in compacts have been very helpful to us as we have refined our
own regulations. I don't know if that helps.
Senator Heitkamp. That is fine. Well, we will have plenty
of time to talk about this.
Thank you, Mr. Chairman.
The Chairman. Thank you, Senator Heitkamp.
Just a couple quick questions. The Indian Gaming Regulatory
Act represents a delicate balance, we have talked about it in
my office, of Federal, tribal and State interests in regulating
gaming. Provided limited opportunities for off-reservation
gaming, which is something we spent time on.
Pursuant to that Act, the National Indian Gaming Commission
has significant regulatory roles that you would have, including
issuing Indian lands opinions, opinions regarding Indian lands.
Expansive interpretations of Indian lands has contributed, I
believe, in part, to inter-tribal as well as inter-governmental
disputes over gaming and trust land acquisitions.
So could you explain how the Commission balances those
interests for determining Indian lands for off-reservation
gaming?
Mr. Chaudhuri. Thank you, Chairman. Off-reservation gaming,
we certainly recognize how important off-reservation gaming
dialogue has been, not just to Federal Indian policy but to
Federal policy in general. That said, our role is largely
limited as an agency with respect to off-reservation gaming.
Off-reservation gaming largely involves the process in which
land is placed into trust. And that land into trust process is
a Department of the Interior function rather than an NIGC
function.
We do play a much more limited role in terms of determining
whether or not, given the parcel, opining on whether or not a
given parcel qualifies as Indian lands eligible for gaming. But
when we do that, we are solely guided by the language of IGRA.
We employ the language of IGRA. So I understand the importance
of off-reservation gaming, but our role is very limited.
The Chairman. You had spoken about the number of people
that you have trained and all the activities, and we talked
about that last time in your hearings and you and I have talked
about that as well. According to the FBI, fiscal year 2016 in
their budget request, that just came out in January of this
year, they said they had 2,982 pending Indian Country
investigations. A portion of those investigation sites
included, I think, 400 Indian gaming facilities.
The FBI further noted that limited internal and external
oversight makes Indian Country an attractive, they say an
attractive, potential target for financial crimes.
Are you aware of and working with the FBI on any of the
investigations occurring in the 400 Indian gaming facilities?
Mr. Chaudhuri. Thank you, Chairman.
Certainly we are aware of and appreciative of the role that
the FBI serves in investigating criminal activities arising out
of gaming operations in Indian country. As a civil regulatory
agency, we don't have any criminal jurisdiction over criminal
acts in Indian country. However, we do have the authority, as
well as the responsibility, to refer to the FBI instances of
criminal activities of which we become aware. And we do that on
a regular basis.
We become aware of such activities through a variety of
means. More often than not, from reporting that the tribe
provides, a given tribe provides.
So when we make referrals, we refer information that we
have to the FBI and the FBI chooses whether or not to conduct a
formal investigation. Once an investigation takes place, our
role is somewhat limited because information regarding an
ongoing criminal investigation is not widely shared.
The Chairman. The concern is that if something is an
attractive, potential target for financial crimes, we would
like to try to get to the point where we eliminate that being
an attractive, potential target. So if confirmed, how will you
work with the FBI to specifically improve the internal and
external oversight, so Indian Country is no longer such an
attractive target for criminal activity?
Mr. Chaudhuri. Well, I think we work with them on both a
regional and headquarters basis. But in terms of communication,
we can always communicate more. So we are open and in the past
there have been some regular calls that the agency would
participate in, and we still participate in regular conference
calls with the FBI, as well as DOJ and at times other relevant
agencies.
But I will say that there is, I think there are some
accomplishments that come out of those same numbers. Whenever
you have a $28 billion industry, folks are going to want some
of that money. I think the real story is how few major, major
poster kids there are for wide-scale theft. For that, I think
you can thank the primary regulators of Indian gaming,
primarily the tribes, but we do our part as well.
The Chairman. Thank you.
Do any other members have additional questions? Hearing no
more questions, members may also submit follow-up written
questions for the record. I would like to move this nomination
as early as next week. So Mr. Chaudhuri, we may send you
written questions this week. You will need a quick turnaround
in response to any member's questions.
I want to thank you all for your time, and for your
testimony. The hearing is adjourned.
[Whereupon, at 3:11 p.m., the hearing was adjourned.]
A P P E N D I X
Letter of Support from Robert Pinto, Sr., Tribal Chairman, Ewiiaapaayp
Band of Kumeyaay Indians
Dear Chairman Tester and Vice Chairman Barrasso:
The Ewiiaapaayp Band of Kumeyaay Indians is a federally recognized
Tribe and Ewiiaapaayp Indian Reservation of 5,470.15 acres in east San
Diego County, California. The Ewiiaapaayp Band writes in support of
President Obama's nomination of Mr. Jonodev Osceola Chaudhuri to be the
chair of the National Indian Gaming Commission, the federal agency
tasked with collaborating with tribes and states to regulate Indian
gaming.
As you are undoubtedly aware, Mr. Chaudhuri enjoys broad experience
and particular success in tribal government, private practice in Indian
law, federal government, and his recent service on the NIGC, currently
as Vice Chair and Associate Commissioner and formerly as Acting
Chairman.
Our experience with Mr. Chaudhuri was primarily during his service
as Senior Counsel to the Assistant Secretary for Indian Affairs at the
Department of the Interior from 2012 to 2013. Mr. Chaudhuri
successfully mediated the interests of the Ewiiaapaayp Band and the
Fish & Wildlife Service regarding a wind energy conversion project
located on the Ewiiaapaayp Indian Reservation that involved tribal
trust responsibility and federal environmental regulations. Mr.
Chaudhuri's expertise in federal Indian law and his mediation skills
proved invaluable, and the Ewiiaapaayp Band honors Mr. Chaudhuri as a
true advocate of collaboration with Indian tribal governments.
Mr. Chaudhuri's professional background and personal experience,
informed by the Ewiiaapaayp Band's direct experience with Mr.
Chaudhuri, is the basis for our opinion that he is uniquely qualified
for the position of NIGC Chair. Mr. Chaudhuri's credentials demonstrate
an understanding of Indian country and federal and state interests and
the ability to reconcile and balance those interests in a manner that
is productive for all involved.
The Ewiiaapaayp Band supports Mr. Chaudhuri as the nominee for NIGC
Chair. The Ewiiaapaayp Band requests that our California Senators, and
all other like-minded Senators, support Mr. Chaudhuri's confirmation.
Thank you for your consideration of the Tribe's views.
______
Letter of Support from Hon. Ty Vicenti, President, Jicarilla Apache
Nation
Dear Chairman Tester:
We are pleased that President Obama has nominated Jonodev Osceola
Chaudhuri to serve as Chairman of the National Indian Gaming
Commission, and we write in full support of his confirmation.
The NIGC Chairmanship is a critical position for Indian country.
The position requires a full understanding of the regulatory issues
involved in Indian gaming, but it also requires an understanding of how
Indian gaming fits into broader tribal self-determination efforts. Not
only does Jonodev understand the gaming industry, but his personal and
professional experience with his tribe and other tribal nations gives
him an excellent perspective in carrying out the Commission's
functions. That perspective is invaluable to forging necessary
relationships with industry stakeholders, and it has served him and the
agency well thus far.
Jonodev's leadership since joining the Commission has helped the
agency smoothly navigate a period of transition--both in Commission
membership and agency location--while maintaining regulatory
responsibilities and building upon collaborative relationships with
tribes, federal partners, and states.
Jonodev's commitment to service and his respect for tribal
traditions and culture are genuine. These attributes, coupled with his
solid professional background, make Jonodev an ideal person to lead the
agency. We urge a swift confirmation of Jonodev's nomination to ensure
continued stability in this key position.
______
Letter of Support from Hon. Stacy Dixon, Tribal Chairman, Susanville
Indian Rancheria
Dear Chairman Tester and Vice Chairman Barrasso:
The Susanville Indian Rancheria is a federally recognized Indian
tribe in the State of California. On behalf of the Susanville Indian
Rancheria, I write in support of President Obama's nomination of Mr.
Jonodev Osceola Chaudhuri to be the chair of the National Indian Gaming
Commission, the federal agency tasked with collaborating with tribes
and states to regulate Indian gaming.
As you are undoubtedly aware, Mr. Chaudhuri enjoys broad experience
and particular success in tribal government, private practice in Indian
law, Federal Government, and his recent service on the NIGC, currently
as Vice Chair and Associate Commissioner and formerly as Acting
Chairman.
Mr. Chaudhuri's accomplishments during his service as Senior
Counsel to the Assistant Secretary for Indian Affairs at the Department
of the Interior from 2012 to 2013 speak directly for his confirmation.
Mr. Chaudhuri proved to be an expert in federal Indian law and Federal
Government regulation, and a true advocate of collaboration with Indian
tribal governments.
Mr. Chaudhuri's professional background and personal experience
uniquely qualify him for the position of NIGC Chair. Mr. Chaudhuri's
credentials demonstrate an understanding of Indian country, federal and
state interests, and the ability to reconcile and balance those
interests in a manner that is productive for all involved.
The Susanville Indian Rancheria supports Mr. Chaudhuri as the
nominee for NIGC Chair and requests that our California Senators, and
all other like-minded Senators, support Mr. Chaudhuri's confirmation.
Thank you for your consideration in this matter.
______
Letter of Support from Hon. John L. Berrey, Chairman, Quapaw Tribe
______
Letter of Support from Hon. Richard J. Peterson, President, Central
Council Tlingit Haida Indian Tribes of Alaska
Dear Chairman Tester and Vice Chairman Barrasso:
The Central Council Tlingit Haida Indian Tribes of Alaska (Central
Council) is a federally recognized Indian tribal government with over
29,000 tribal citizens worldwide. Central Council writes in support of
President Obama's nomination of Mr. Jonodev Osceola Chaudhuri to be the
chair of the National Indian Gaming Commission (NIGC), the federal
agency tasked with collaborating with tribes and states to regulate
Indian gaming.
As you are undoubtedly aware, Mr. Chaudhuri enjoys broad experience
and particular success in tribal government, private practice in Indian
law, Federal Government, and his recent service on the NIGC, currently
as Vice Chair and Associate Commissioner and formerly as Acting
Chairman.
Our experience with Mr. Chaudhuri is through our 1st Vice President
who worked with Mr. Chaudhuri during his service as Senior Counsel to
the Assistant Secretary for Indian Affairs at the Department of the
Interior from 2012 to 2013. Mr. Chaudhuri proved he possessed a deep
and insightful understanding of Indian law and federal statute and
regulation, and, importantly, the ability to forge a collaboration
between federal and tribal regulators that forged a common interest
between parties otherwise at odds. His is a rare skill set that merits
his continued service in a position of importance involving federal and
tribal interests.
Mr. Chaudhuri's professional background and personal experience,
informed by the trust be has earned among tribal leaders such as our
own, is the basis for our opinion that he is uniquely qualified for the
position of NIGC Chair. Mr. Chaudhuri's credentials demonstrate an
understanding of Indian country and federal and state interests and the
ability to reconcile and balance those interests in a manner that is
productive for all involved.
Central Council supports Mr. Chaudhuri as the nominee for NIGC
Chair. Central Council requests that our Alaska Senators, and all other
like-minded Senators, support Mr. Chaudhuri's confirmation.
Thank you for your consideration of the Tribe's views.
______
Arizona Indian Gaming Association (AIGA) Support Resolution
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Response to Written Questions Submitted by Hon. John Barrasso to
Jonodev Osceola Chaudhuri
You testified before the Committee on Indian Affairs' Oversight
Hearing entitled ``Indian Gaming: The Next 25 Years'' held on July 23,
2014, that to accomplish the Indian Gaming Regulatory Act's stated
policy goals, the National Indian Gaming Commission (NIGC) continues to
be proactive in several areas, including consultation, ongoing
regulatory and operational review, training and technical assistance
and agency accountability. You noted that successful regulation depends
on a properly trained workforce.
You further testified that the NIGC views training and technical
assistance as a valuable component to the agency's mission. The agency
views the Assistance, Compliance, and Enforcement initiative as a core
of its success over the last few years. You stated that in 2013, the
NIGC trained 2,751 participants in Indian Country on up to date
regulations and best practices and in 2014, the agency trained 2,140
participants. You finally noted that these numbers were a ``great
metric''. However, these numbers do not reveal how well participants
comprehended and retained any of the training nor provide a direct
correlation between technical assistance and an improvement in
compliance and accountability.
Question 1. In what other ways has the NIGC documented or otherwise
determined the effectiveness of its training, including measuring a
participant's level of comprehension and implementation from these
trainings?
Answer. While raw numbers of training events and participants do
provide important data on the breadth of the N1GC training and
technical assistance program, I realize that solely tracking output is
not enough. Therefore, we continue to develop metrics for tracking the
efficacy of trainings. For instance, the NIGC training team is
developing knowledge reviews which will assess the retention and
implementation of training materials not only at the conclusion of
training events but also months later. These reviews will allow us to
continuously evaluate which lessons and training techniques are
effective and which are not by monitoring whether tribal gaming
regulators and gaming operation employees retain and use what they
learn at our trainings.
Training is probably the most critical component of the NIGC's ACE
initiative, which is simply shorthand for the agency's emphasis on
working with tribes and regulatory partners to minimize and mitigate
compliance issues in the field. Although ACE is relatively new, we are
already seeing some encouraging signs regarding its impact on industry
compliance. For example, data gleaned from Agreed Upon Procedures
reports (AUPs) shows a significant decrease in both critical and
overall risk findings between pre-ACE reports from 2009 and those from
2011-2013 after ACE implementation began. AUPs are prepared annually
for each tribal gaming facility by independent auditors, and they
measure compliance with a tribe's internal controls. We intend to track
these reports, as well as other relevant information obtained in the
agency's day-to-day work, to help inform and refine our trainings and
operations.
I am determined to do what I can to ensure that all NIGC functions
are as effective as possible, and I am open to all practical means by
which to improve and measure the effectiveness of our training program.
Associate Commissioner Daniel Little and I have committed ourselves to
regularly review the effectiveness of our training and technical
assistance efforts and to make changes as appropriate.
Question 2. How will you report to Congress on the effectiveness of
the Assistance, Compliance, and Enforcement initiative?
Answer. Transparency is essential to our efforts to effectively
strengthen industry compliance with the Indian Gaming Regulatory Act
through fair and practical approaches, and it is important to both our
stakeholders and to Congress, which created the NIGC. In addition to
being open and responsive to oversight hearings held by the Senate and
House of Representatives, in order to better strengthen the
communication between the NIGC and Congress, I have created and filled
a Legislative and Intergovernmental Affairs Coordinator position. I
believe that this position will enhance the Commission's dedication to
transparency and will ensure that the NIGC is acting in a timely manner
in its responses to Congressional questions and concerns.
At the March 11, 2015 Committee Nomination Hearing to consider
Jonodev Osceola Chaudhuri, of Arizona, to be Chairman of the National
Indian Gaming Commission, you stated that you recognize the importance
the offreservation gaming dialogue has been to Federal Indian policy
and Federal policy in general.
Despite what you view as a limited role for the NIGC with respect
to offreservation gaming, the NIGC does determine whether a particular
parcel, including those located outside the boundaries of an Indian
reservation, constitutes Indian lands eligible for gaming which is a
predicate for gaming pursuant to the Indian Gaming Regulatory Act. You
indicated that the agency is bound by and employs the language of the
Indian Gaming Regulatory Act in making that determination.
Question 3. What is the NIGC's internal process for developing
Indian lands opinions?
Answer. Indian lands opinions are a service provided by the NIGC to
the industry and to our co-regulators of Indian gaming. Requests for
Indian lands opinions are made to the NIGC's Office of General Counsel
(OGC). The opinions typically analyze: (1) whether land is ``Indian
lands'' as that term is defined by the Indian Gaming Regulatory Act
(IGRA) and our regulations; (2) if the land is trust land acquired
after October 17, 1988, whether it is eligible for gaming under IGRA;
and (3) depending on the nature of the lands, whether the land on which
a tribe plans to game is within the Tribe's jurisdiction as required by
IGRA.
In the process of analyzing these issues, OGC coordinates closely
with the Department of the Interior's Office of the Solicitor. The
Solicitor is regularly asked to concur in Indian lands opinions.
Question 4. How do these Indian lands opinions govern the work of
the agency?
Answer. While Indian lands opinions provide the requestor and the
agency with an analysis of the land's status, they are not final agency
action. These opinions provide a measure of clarity as to the status of
particular lands, but the Chair and the Commission may disagree with
the analysis.
Question 5. How do these Indian lands opinions govern the ability
of an Indian tribe to conduct gaming on the parcel at issue in the
opinion?
Answer. Indian lands opinions do not constitute permission for a
tribe to commence gaming on a particular parcel of land, nor do they
preempt states or other concerned parties from bringing legal
challenges to the land status. They are simply opinions issued by the
Office of General Counsel, not the Chair or the Commission.