OCT 8 2009 

Greg Sanis, Chairman 

Federated Indians of Graton Rancheria 

6400 Redwood Drive, Suite 300 

Rohnert Park, CA 94928 

Re: Submission of Gaming Ordinance Amendment for Federated Indians of Graton 

Ranclleria 

Dear Chairman Sarris: 

This letter responds to your request to the National Indiar~ Gaming Corntnission 

(NLGC) to revicw and approvc an amendment to the tribal gaming ordinance of the 

Federated Indians of Graton Rancheria (Tribe). The Tribe fowarded Resolution 09- 1 1 

adopted on September 30,2009, and the NlGC received it on Octobcr 1,2009. 

The ordinance amendment is consistent with the requirements of the Indian 

Gaming Regulatory Act (IGRA) and this agency's regulations, and it is therefore 

approved. 

Thw-lk you for your submission. If you have any questions or require assistance, 

please contact John Hay in the Office of the General Counsel, at 202-632-7003. 

Sincerelv. 

 ewe T. Skibine 

Acting Chainma11 

cc: John Maier, Esq. 

Maier Pfeffer ffim & Geary, LLP 

5 1111 1hth Street, Suite 302 

Oaklancl, CA 946 12 

FAX (5 10) 835-3040 
FEDERATED 1 N DlANS, 

OF qrdtdf~, PW/lCUI'~ut 

FEDERATED INDIANS OF GRATON RANCHERlA 

RESOIIJTION AUTHORIZING THE TRIBE'S LEGAI. COUNSEL TO SUBMIT THE 

TRIBE'S DULY ENACTED GAMING ORDNANCE TO 'I'HE CHAIRMAN OF THE 

NATIONAL INDIAN GAMING COMMISSION FOR APPROVAL. 

TRIBAL COIJNCIL RESOLUTION NO.: 09-c 

DATE APPROVED: September 30,2009 

WHEREAS: The Federated Indians of Graton Rancheria ("Tribe") is a federal1 y 

recognized I tldian tribe which is organized pursuant to the Constitution of 

the Federated Lndians of Graton Rancheria, approved by the Secretary of 

the Interior on December 23,2002 ("Constitution"); and 

WHEREAS: The governing body of thc Tribe is the Tribal Council pursuant to Article 

111, Section 1 of the Tribe's Constitution with the power to promulgate and 

enforce resolutions and statutes; and 

WHEREAS: On June 12,2008, the 'l'ri bal C'ounci l duly enacted a gaming ordinance 

("Gaming Ordinance") which sets the terms for class I1 and class 111 

gaming operations on the Tribe's Indian lands; and 

WHEREAS: On June 18,2009, the Gaming Ordinance was submitted by the Tribe's 

legal counsel to the Chairman of the National Indian Gaming Commission 

("NlGC") for approval pursuant to the Indian Gaming Regulatory Act, 25 

U.S .C. 4 5 270 1 er seq. and Tribal Council Resolution 08- 13; and 

WHEREAS: The Chairman of the NIGC approved the Gaming Ordinance on August 

25,2008; and 

WHEREAS: The Tribal Council has determined the need to amend the Gaming 

Ordinance with a new article; and 

WHEREAS: The Tribal Council has reviewed and enacted Amendment No. I to the 

Gaming Ordinance and now wishes to direct the 'l'ribe's Icgal counsel to 

submit such amendment to the Chairman of the N IGC for approval. 

FEDERATED INDIANS OF GRATON RANCCIERIA 

TRIBAL COUNCIL RESOLUTION NO.: 09-L-TC 

64013 REtlWUU[l DRIVE. SUITE 300 ILOIlNEI1T I1/\RK LA '149211 

T. 7U7 566-2288 1. 707 566-2291 M'MJh'.~;~lhl(>N!t;\h't 1-11 lib,! I t >hi 
NOW THEREFORE, BE IT RESOLWD that the 'I'ribal Council hereby authorizes 

the Tribe's legal counsel, Maier Pfeffer Kim & Geary, LLP, to submit the Tribe's duly 

enacted Amendment No. 1 to the Gaming Ordinance to the Chairman of the NIGC for 

approval. 

CERTIFICATION 

We the undersigned do hereby certify that the foregoing resolu~ion was duly adopted by 

the Tribal Council of the Federated Indians of Graton Rancheria at a duly noticed Tribal 

Council Meeting held on September 2,2009, by a vote of 2 For, -8. Opposed and 

- &- Abstaining, with a quorum present, and that this Resolution has not been changed, 

rescinded, or amended in any way. L 

ATTEST: 

FEDERATED INDIANS OF GRATQN RANCHERIA 

TRIBAL COUNCIL RESOLUTION NO.: 09-L-TC 
AMENDMENT NO. 1 TO 

THE GAMING ORDINANCE OF 

THE FEDERATED INDUNS OF GRATON RANCHIERA 

Approved 

Tbe following text is added as new Article XVTT to the Gaming Ordinance of the Federated 

Incfians of Graton Rancheria which was approved by the Tribal Cound on June 13,2008, uld was 

approved by the Chairman of the National Indian Gaming Commission on August 25,2008. 

ARTICLE XVlI 

Section 1. 

Tb Amde XVII shd apply to licenses issued or to be issued by the Commission to any 

Management Contractor, its Afhtes or theit respective Related Persons and related mattas. Thrs 

Amcle XVIl supedes and controls over any contrary provisions of thu Ordinance or any other 

applicable Tzibal laws, rules or regulations. 

For the purposes of this Article XVII, the following terms shall have the following 

meanings: 

''~ffdhtg'' means any entity which, directly or indmctly, conrrols, is controUed by or is 

under common cone01 with an entity which is or was a Management Contractor, or any 

subcontractor of such entity or Management Conuactor. 

"-nt l3~" means the date that tbis Amendment No. 1 to the Gaming Ordrnance 

has been approved by the Chairman of the NIGC. 

"Compact" means any Tribal-State Compact between the Tribe and the State of Cahfornia 

concerning class III gaming which hs been approved by the Secretary of the Interior and whch 

approval has been published in the Federal Register pursuant to 225 U.S.C. 5 2710(d). 

<< -" . , 

means the Federated Inbns of Gratan Ranch& Gaming Commission 

established pursuant to Section 14 of h Article or thereafter reconstituted pursuant to any 

amendment to this Ordinance or a sepamtc ordinance or resolution. 
"QDUBC~' means any conuact or inswent between the Tribe and a Management 

Contractor or its Affiliate which is not a Management Contract. 

"NIW means the National Indian Gaming Commission, 

"Manaeement Conmctor" shall mean any party to a Management Contract with the Tribe. 

'Waaa~ernent Conuact" means a management conuact between he Tribe and a 

Management Contractor which has been approved by the Chairman of the NIGC. 

'wted Persog" means an officer, director, shareholder, manager, member or employee of 

a Management Contractor, its Affhate or their respecme subcontract.ors. 

"State means he entity or entittcs designated as the State Gaming Agency 

in a Compact, if any. 

Section 3. 

If the NIGC has approved a Management Contract between the Tribe and the Management 

Contractor after conducting a background investigation of such Management Contractor in 

accordance with the NICK'S regulations and the NIGC has not thereafter wthdrawn such approval, 

the Commission shall issue a license to the Management Conmctor and its Affiliates withm ten (10) 

days of the date of such approval. The Commission shall not delay, deny, suspcnd, condition, 

revoke, terminate or fail to renew a tcense which has been issued to a Managemcnt Contractor or its 

Afhtes without notice and a hearing or based upon @ my matter, condtion or circumstance other 

than those speci6ed in Article IX, Section 19 as in effect as of the Amendment Date, (ii) any matts, 

condition or circumstance which has been corrected or cured, (iG) any breach or alleged breach of a 

Management Contract or Conmct, [iv) the unsuitabhcy, action ax omission of any Related Person if 

the Management Contractor or A ffilrate, as the case may be, prompdy removes such Related Person 

hm any duties or responsibihties which require such Related Person to apply for or obtain a license 

from the Commission, unless the Management Contractor or its Affite, as the case my be, has 

engaged in a pattern of gross negligence and lack of oversight of Related Persons who have engaged 

in theft, misappropriation, misusc or abuse of Tribal assets. The issuance of any license shad be 

deemed to be retroactive to the the such license may have first been requited. Notwithstanding the 

foregoing, in the event the Tribe enters into a Compact and the Compact provides that the Tribe 

shall deny or revoke any license bed to a Management Contractor or its Afhte if the State 

Gamrng Agency determines such Management Conmctot or Afhte to be unsuitable, nothLng in 

this Section shd be construed to restrict the right or authority of the Commission to deny or revoke 

a license applied for by or issued to such Managemcnt Conmctor or its AfWIsrte in accordance with 

the terms of such Compact following the State Gaming Agency determioation that such 

Management Contractor or Afhte, as the case may be, is unsuitable. 

Section 4. Requirement for Related Person ti censea 

A Related Person shall not be required to obtain a license from the Commission unless such 

Related Person would constitute a "key employee" or 'Cprimary managtment official" (as such terms 

are defined in Article 11, Section 2, paragraph @) or (k) of this Ordinance as in effect as of the 
Amendment Datt) . For the avoidance of doub~ resort and other non-gaming enterp&es of the 

'Sribe shall not be considered to constitute gaming enterprises of the Tribe for the purposes of this 

Section. Notwithstandmg the foregoing, nodung in this Section shd be deemed to imply that a 

Rehted Person may not, in his or her discretion, apply fox and maintain a license or that the 

Commission may not issue a license even if such Related Person is not required to obtain a license 

pursuant to this Section. 

Section 5. + R tedP s 

If a Related Person applies for a license, the Commission shall not delay or deny such license 

if (i) a state gaming authority has issued a gaming license to, or made a determination of suitability 

with respect to, such Related Person, and (ui no state gaming authority has revoked or withdrawn 

such License or determimuon of suitability* In the event the Commission suspends, conditions, 

revokes, &nates or fads to renew a license issued to any Related Person after a hearing or 

rehearing, and such Rehted Person is thereafter able to obtain a license or determination of 

suitabhty from a state gamtng authority, such Related Pcrson shall have a right to request that the 

Commission reconsider its prior determination. In such event, the Commission shall promptly 

reconsider its ptior determhatiofi in good faith. Notwithstanding the foregoing, in the event the 

Tribe tnttrs into a Compact and the Compact provides that the Tribe shall deny or revoke anfly 

license issued to a ReIated Person if the State Gaming Agency determines such Related Person to be 

unsuitable, nothing in dm Section shd be construed to res&ct the right or authority of the 

Commission to deny or revoke a license issued to such Related Person in accordance with the terms 

of such Compact foaowing the Smte Gaming Agency determination that such Related Person is 

unsuitable. 

. . Section 6. us~ensinn or T-n of Cd Rclatjonships 

If the Commission denies, suspends, revokes, terminates or fads ta renew the lidenst of any 

Related Person required to be licensed by the Commission pursuant to h Article, the applicable 

Management Contractor or its Afhhate shall promptly remove such Related Person from any duties 

or rcsponsibilitim which require such Related Person to apply for or maintain a license from the 

Co&sion until such time, if any, as the Commission mod5es its determinarion. Although 

nothrag in &IS Ordinaace or Artrde shall be deemed to require the applicable Management 

Conaactor or Afhte to take any further acaon with respect to any such Related Person, no- in 

this Section shall be deemed to imply that the Management Contractor or Af&te may not take 

such other actions as it deems appropriate, including, without limitation, immediately and 

permanently terminacing its relntionshq with my such Related Person. 

Section 7. Duration of Lcenss 

The Commission sbd issue a license to a Management Contractor, its Af6liatc or theit 

respective Related Persons for a period which expires upon the exptcation of the applicable 

Management Contract or Contract, as extended; provided, however, that, in the event the Tribe 

enters into a Compact and the Compact specifics the maximum period for which the Commission 

may issue a license ro any such licensee, the Commission shall (I) issue a license to such licensee for 
the maximum period permitted in the Compact, and (ii) thereafter renew such license und the 

expiration of the applicable Management Contract or Contract, as extended. 

Section 8. Contract Matters 

The Commission shall not have jurishction aver, or authority to hear or adjudicate, any 

ckun by or apmt a Management Contractor or its Afhliate for breach or alleged breach of a 

Management Conmct or a Conmct. Nohg in this Article or Ohance alter the rights and 

obhgations of the parties to a Management Contract or Conaact as provided for in such 

Managcment Contract or Contract. 

Section 9, Due Process Rbh$ 

The Commission shd afford Management Contractors, their Affites md their respective 

Related Persons with due process rights and procedures wtud! axe no less favorable to such persons 

or entities than he rights and procedures (I) set forth in Section 21 of Article IX of &IS Ordmance 

as in effect as of the Amendment Date, and (ii) whch the State Gaming Agency would afford to a 

person or entity licensed by tbe State Gaming Agency (not inclubg any right to appeal to a federal 

cow or Cahfornia state court). Clause (e) of Section 21 of hcle IX shall not apply to 

Management Contractors or their Af6hates. 

Section 10. Commission Standards 

The Commission shall not unreasonably or without good cause delay, deny, condition, 

suspend, revoke, t&tc or fail to renew any license applied for by, or granted to, a Management 

Contractor, its Afaate or thek respec&c Related Persons. The Commission shall exercise its 

qh~, authoriues md powers with respect to a h-emeat Contractor, its Afhltates and their 

respective Rclnted Persons in a non-discrlnioatory manner which is consistent with the standards 

which the Commission applies or htends to apply to other similarly situated persons or entities. 

Section 11. Appeal of Commiss ion Determinations 

AU disputes, controversies or dabs involving a Management Contractor, its Afbte or any Related 

Person relating to any determination by the Commission, including, without hitation, any 

determination relating to licenses or the interpretation or enforcement of this Qrdmance or any 

gaming regulations, may be appealed to a Tribal gaming Qsputes court escabbhed by the Tribe or 

the Commission which shd be composed of retired California federal or state court judges or, if 

there is no such Tribal gaming disputes court, to the Tribal Cound of the Tribe. In the case of an 

appeal, the reviewing tribunal shall determine whether the detcrrnination of the Commission was 

arbitrary, capricious, an abuse of discretion or in violation of law, because, by way of example and 

not by way of hitauon, the Commission faded to adopt wdtten hdings, the finhgs are not 

supported by substanaal cridence in hght of the whole record, the fmdmgs do not support the 

Cammission's determination, or the Commissian failed to procttd in the manner required by law. 

If the reviewing tribunal determines that the detemzination of the Commission was arbitrary, 
capricious, an abuse of dtscrttion or in violation of law, the reviewing tribunal shall adopt written 

hhgs 2nd remvld the matter to the Commission for reconsideration of its determination 

consistent with the reviewing tribunal's written &dings. 

Secuon 12. to the Ordmance 

In the event that thc Tribe or the Commission enact any Tribal or Commission law, 

ordmanct or regulation (includmg vnendmeots to this Ordinance or this Article) which is less 

favorable or more burdensome to a Management Contractor, Afhliate or Related Person than the 

provisions of dm Ordnance and Article as in effect on the Amendment Date, the provisions of thls 

Ordinance and dm Article as in effect on the Amendment Date shall apply, and any new provisions 

shall not apply, to any action or determinations of the Commission, unless such new or mended 

law, ordinance or rcgularion is required by IGRA or is agreed to by the applicable Management 

Contractor, Affiliate or Related Person. 

Section 13. Constitution of Commission 

Pursuant to the authority granted to the Tribal Cound under Article VI, Section 1, 

paragraph 12 of the Constitution of the Tribe, the Tribal Cound hereby establishes the Federated 

Indians of Gmton Rancheria Gaming Commission as a nun-political and independent unit of Tribal 

government. The Commission shall have jurisdiction over the regulation of Tribal gaming 

operations and enterprises. Decisions of the Commission shall be made by majority vote. The 

obbtions to maintain the confidentdity of certain background investigation information received 

from the State of Cddomia set forth in Article 6 (commencing with section 11 140) of Chapter 1 of 

Title 1 of Piu-t 4 of the California Penal Code shall be applicable to the members, invesngators and 

staff of the Commission. Untd such be as the Tribal Council reconstitutes the Commission 

pursuant any amendment to this Ordinance or a separate ordmanct or resolution, the memh of 

the Tribal Council shd constitute the members of the Commission and the Commission, composed 

of such individuals, shall have all powers and authorities of the Commission as set forth in this 

Ordinance and Article, indudmg without hutation, the authority to issue licenses. 
CERTIFICATION 

1hs is tu celify hat hl: fvqwing An~cndmcnt Nn. 1 tr, Ciaming Ordmanct: was duly 

nppr~vcd by the 'l'ribal Cuuncd of the i7edcistcd Indians of (;mtt)n l~mhcrin at a duly noticed 

'i'nbri council lllsctiq held t,n,~+fi , 2009, by s vtite c~f LI:nr, &Opprj~rd and a 

Abs;trininR, with 3 quunun prescn , and that this Rcsolutirm has not been chai~gecl, rescinded, o: 

amended in an): way.