Mohesan
Tribe "

Mashantucket

Rquot

Tribal Nation

April26,2018
The Honorable Joe Aresimowicz
House of Representatives
Legislative Office Building, Room 4105
Hartford, CT 061 06-1 59 1
Dear Speaker Aresimowrcz:
We are writing as the chief legal officers of the Mashantucket Pequot Tribe and the Mohegan
Tribe of Indians of Connecticut (the "Tribes"), having each represented our respective Tribe
since the 1990s when the historic gaming partnerships between the State of Connecticut and each
of the Tribes began with the mediator selected compact approved as the Mashantucket Pequot
Gaming Procedures and the Mohegan Compact (the "Compacts"), the related Memoranda of
Understanding ("MOUs") and the openings of Foxwoods Resort Casino and Mohegan Sun.
We are writing to follow up on Attorney General Jepsen's letter to you of April17,2018,
specifically the first section of that letter under the heading "Compact Amendments and Public
Act 17-89," and to expound on the alternative approaches to compact amendments alluded to in
that letter.
First, the Tribes and our outside legal team agree wholeheartedly with Attorney General Jepsen
that the State and Tribes position in the pending litigation against the U.S. Department of Interior
("DOI") is strong. We agree that the technical amendments to the Compacts and MOUs signed
and ratified by the General Assembly last year should be treated as deemed approved by
operation of law, and that Federal Register publication of notice of that approval should be
ordered.
Where we disagree is the characteization of the risks identified by the Attorney General's Office
in the April 17 letter and the accompanying April 15, 2015 letter, and whether those risks
outweigh the certain injury of delay and waiting for federal action - the risks to Connecticut jobs
and revenues. As an initial matter, we do not see the risks identified by the Attomey General as
significant risks, and we strongly believe that the risks of a state legislative fix this session,
without waiting for a court order or change in position from the DOI, can be effectively managed
with the State and the Tribes all in agreement.
The Tribes have repeatedly offered assurances to the State that the new commercial casino in
East Windsor to be owned by the Tribes' joint venture pursuant to Public Act 17-89 will not
disrupt the slot contributions made by each of the Tribes from their respective Tribal casino
under the MOUs. With our outside counsel, we developed fuither means to ensure that the
revenue to the State will continue with the authorization of the East Windsor casino, even as the
lawsuit remains undecided or, in the unlikely event, there is a final judgment that the

I

 authorization of the East Windsor casino impacted the obligations under the Compacts and
MOUs.

Similar to the General Assembly's authorization of Keno in 2015, State law (by amendment to
P.A. l7-89) would call fbr new agreements between each of the I'ribes and the State. By
separate agreement between the State and each of the Tribes (not amendments to the Compacts),
the Tribes would commit to maintaining the revenue to the State. The new agreement would be
authorized by State law, would be binding and enforceable in State court, and would be
consistent with federal, state and tribal laws; however, the agreement would not require federal
approval.

This approach works and keeps jobs and revenues in Connecticut that otherwise will be lost to
Massachusetts. It also protects the current revenue to the State and exclusivity arrangement that
has worked so well for both the State and the Tribes that has brought more than $7 billion in
direct Tribal gaming contribution payments to the State.
The adage 'Justice delayed is justice denied" etlbctively characterizes the current situation. In
this case delay will deny the State the opportunity to preserve jobs and revenues. The DOI
buckled to the political influence by MGM to delay the East Windsor project, forcing the State
and the Tribes to file the lawsuit. While that influence is currently the subject of a federal review,
waiting for the outcome of that review and the lawsuit will be costly to the State and to the
Tribes. Our approach continues the strong, productive and groundbreaking partnership and
allows the East Windsor casino the opportunity to compete znd preserve our hard-eamed jobs
and revenues.

We are available to provide fuither information and to meet with you and other legislative
leaders.

Sincerely yours,

Sincerely yours,

M. Woods

Conway

General

General Counsel
Mashantucket Pequot Tribal Nation

Tribe of Indians of Connecticut

cc

Senate President Pro Tempore Martin Looney
Senate Majority Leader Bob Duff
Senate Republican President Pro Tempore Len Fasano
Deputy Senate Republican President Pro Tempore Kevin Witkos

House Majority Leader Matthew Ritter
House Minority Leader Themis Klarides

2