Senator Jon Tester Vice-Chairman Senate Committee on Indian Affairs 838 Hart Senate Office Building Washington, D.C. 20510 Senator John Barrasso Chairman Senate Committee on Indian Affairs 838 Senate Hart Office Building Washington, D.C. 20515 June 1, 2016 Dear Senator Barrasso and Senator Tester: It has come to our attention that MGM Resorts International (“MGM”) is currently seeking legislation that would prohibit Indian tribes from pursuing economic development in the form of commercial gaming outside reservation trust lands. We write on behalf of the members of the National Indian Gaming Association (“NIGA”) to adamantly oppose this unprecedented attack on Indian tribes and their ability to pursue economic development opportunities. Our understanding is that MGM is pursuing this legislation in reaction to a joint venture between the Mashantucket Pequot and Mohegan Tribes that would present competition to MGM’s proposed gaming facility in Springfield, Massachusetts. There are numerous examples of tribes engaging in commercial economic development activities in a variety of industries, and there is absolutely no basis to single out tribes and prevent them from continuing to engage in economic development both on and off their reservations lands. It would be unprecedented for Congress to limit these opportunities for tribal governments. We also understand that MGM is arguing that participation by Indian tribes in commercial gaming outside of their reservations somehow conflicts with the goals and purposes of the Indian Gaming Regulatory Act (IGRA). There is simply no basis in the law for such a suggestion. IGRA addresses Indian gaming on reservations as one means of economic development to support strong tribal governments and tribal self-sufficiency. Clearly, commercial gaming is completely separate and distinct from IGRA, and there is no policy or legal basis to suggest tribes should be prohibited from entering into any such commercial activities. We strongly urge you to oppose any legislation that would unfairly single out Indian tribes and in the process violate the United States trust responsibility to Indian tribes by limiting their ability to engage in commercial activities outside of their reservations. Sincerely, Ernest L. Stevens, Jr. Chairman, National Indian Gaming Association cc: Members of the Senate Committee on Indian Affairs Members of the Senate Committee on Appropriations 224 Second Street SE, WashingtonDC20003 • Tel. (202) 546-7711 • Fax (202) 546-1755 • www.indiangaming.org