APR i 2 2bjj 

By First Class Mail 

Lester J. Marston, Esq. 

Law Offices of Rapport and Marston 

P.O. Box 488 

Ukiah, CA 95482 

Re: Chicken Ranch Rancheria amended gaming ordinance 

Dear Mr. Marston: 

This letter responds to your request on behalf of your client the Chicken Ranch 

Rancheria for the National Indian Gaming Commission to review and approve an 

amended tribal gaming ordinance. Gaming Ordinance 99-721 -01 -A was approved by the 

Tribal Council on October 6,2010. It adopts minimum internal control standards that 

equal or exceed those contained in 25 C.F.R. part 542 and provides the Tribal Gaming 

Commission and the NlGC with authority to monitor and enforce the standads. 

This lelter constitutes approval of the amendment. Nothing in the ordinance 

conflicts with IGRA's ordinance requirements as set forth in 25 U.S.C. 6 271 0 or NIGC's 

implementing regulations. If you have any questions, please feel free to contact Senior 

Attorney John R. Hay at 202-632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

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REGlONhL OFFICES Pnfildtld, OR: Sa~ranerto, CA: ?~OPOIX. ,u, S! PxuI, hlN;1~'5~, O< 
ORnINANCE NO. 99-721-01-A 

AN ORDFNANCE OF Tm TRIBAL COUNCTL OF CHICKEN RANCH RANCHERIA 

OF ME-WUK TNISJANS AMENDING SECTION 40) OF ORDTNANCE NO. 99-721-01, 

AN ORDINANCE OF THE CHICKEN RANCH RANCHERZA AUTHORIZING AND 

REGULATING GAMING ON THE CHICKEN RANCH RANGHERIA. 

The Tribal Council of the Chicken Ranch Rancheria of Me-Wuk Indians rTribem) does 

hereby ordain as follows: 

Section I. Findin~s and Declarations. The Tribal Council ("Council") for the Tribe finds 

and declares that: 

1 . In C'olorado River Indian Tribes v. NIGC, 466 F.3d 134 (D.C. Cir. 20061, the 

U.S. Court of Appeals for the District of Columbia Circuit upheld a lower court decision holding 

tf.at the Indian Gaming Regulatory Act ("IGRA") did not authorize the National Indian Gaming 

Commission CLNIGC") to establish minimum internal control standards ("MICS") (25 C.F.R. 

Part 542) for the regulation of Class I11 gaming conducted by the Tribes. 

2. Following that decision, the State of California, though the California GmbIing 

Control Commission ("CGCC"), moved to establish and enforce MICS. After two years of 

discussion and meetings with the Tribal-State Association created under the CIT's Tribal-State 

Compact ('Compact"), and creation of an Association Regulatory Standards Task Force, the 

CGCC forwarded a proposed regulation ("Regulation 8") to the Association. Although the Tribal 

representatives to the Task Force did not agree with the CGCC that Regulation 8 was necessary 

because most Tribes were already nsing the M4CS promulgated by the NIGC, the CGCC 

nevertheless promulgated Regulation 8 on September 24,2009. 

3. Regulation 8 offered Tribes alternative means of insuring compliance with the 

MICS. One alternative offered was for the Tribe to accept compliance inspections by the CGCC. 

A second alternative was to submit an "Agreed-Upon Procedures Report," under which the Tribe 

would be required to conduct an annuaI audit by a Certified Public Accountant to determine 

whether a gaming operation was in compliance with MICS. The completed audit report would 

be submitted to the NIGC and to the CGCC and there would be inspections by the CGCC. 

4. Under a third alternative, the Tribe couId agree to NIGC monitoring, inspection 

and enforcement of the MICS. This alternative requires amending the Tribe's gaming ordinance 

to specificalIy include a provision for such NIGC monitoring and enforcement. Language for 

such amendment was provided by the NIGC and was attached as Exhibit B to a memorandum 

dated November 23,2009 to the Tribe's attorney, Lester 5. Marston. The subject of the 

November ~3~ memorandum was ''Cdifomia Gambling Control Commission Regulation 8.'' 

5. Included in the third alternative is the requirement that documents received from 

the NXGC, or submitted to it, be fonwded to the CGCC. Additionally, the Chicken Ranch 

S:UJM\OrdslO\Chicken~mcnd.Gam.Ord.NIGCCJuris.ClassIII(JSrev2).wpd Page 1 of 4 
Rancheria Gaming Commission would be required to make itself avaiIab1c upon written notice 

by the CGCC to answer questions arising out of any NIGC documents in connection with its 

monitoring and enforcement. 

6. At its regularly scheduled meeting in October of 201 0, the Council voted to adopt 

the third alternative to amend the Tribe's gaming ordinance to provide for NIGC monitoring and 

enforcement. 

7. The enactment of this Ordinance is necessary to comply with CGGC Regulation 8 

without the expense of challenging the CGCC's authority to promulgate Regulation 8. 

8. The Gaming Commission and the Chicken Ranch Bingo and Casino, having 

recognized the benefits of the MlCS to protect the integrity of the Tribe's gaming revenues, The 

Tribal Council finds it is in the Tribe's best interest to adopt this amendment to its Gaming 

Ordinance. 

Section 2. Amendment of Section 41il of Ordinance No. 99-72 1-0 1 Authorizing and 

Regulating Gaminnon the Chemehuevi Indian Reservation. Section 4G) of Ordinance No, 99- 

72 1-0 1 Authorizing and Regulating Gaming on the Chicken Ranch Rancheria ~Reservatim") is 

hereby amended by adding a new paragraph (1 6) to Section 4Cj) as follows: 

"(1 6) Minimum Internal ConQol Standards (WIGS'). 

A. Applicable Standards. The Gaming Commission shall comply 

with 25 C.F.R. Part 542 by formally adopting and making 

applicable to the Chicken Ranch Rancheria's gaming operations 

internal control standards that: 

I. Provide a Ievel of control that equals or exceeds those set 

forth in 25 C.F.R. Part 542, as published or as revised by 

mutual agreement between the National Indian Gaming 

Commission C'NIGC") and the Chicken Ranch Rancheria 

("Tribe"). 

2. Contain standards for currency transaction reporting that 

comply with 3 1 C.F.R. Part 103 ; and 

3. Establish internal control standards for Class II and Class 

IlI games that are not addressed in the MICS, if any. 

B. Annual CPA Testing of Com~liance. h order to verify that the 

gaming operation is in compliance with the internal control 

standards adopted pursuant to paragraph A, an independent 

S1~OrdslO\Chicke11\Amend Oam Ord.NIGCJuns.ClasdU(JSrev2).~d Page 2 of 4 
certified public accountant ("CPA") shall k engaged annually to 

perform "Agreed Upon Procedures" in the manner provided for in 

25 C.F.R. 542.3(f). 

C. Compliance. The Chicken Ranch Rancheria Gaming Commission 

and the NIGC shalI monitor and enforce compliance with the 

internal control standards adopted pmuant to paragraph A in the 

manner provided for in 25 C.F.R. 542.3(g). In addition, the 

National Indian Gaming Commission shall, for the purpose of 

enforcing compliance with the internal control standards, have the 

power to: 

I. Monitor all Class TI and Class ZTT gaming on a continuing 

basis; 

2. Inspect and examine all premises on which Class II or Class 

IIJ gaming is conducted; and 

3. Demand access to and inspect, examine, photocopy, and 

audit all papers, books, and records respecting pss 

revenues of a11 Class II and Class IU gaming or any other 

matters necessary to ensure and enforce compliance with 

the MICS. 

D. Enforcement. Any failure to adopt internal control standards 

pursuant to paragraph A, to perfom Agreed-Upon Procedures 

pursuant to pamgraph B, to prevent or obstnrct the exercise of any 

of the National Indian Gaming Commission's powers under 

pmgaph C, or to comply with the internal control standards once 

adopted is a vioIation of this Ordinance. The Chairman of the 

National Indian Gaming Commission shall have the authoriv to 

remedy violations of this Odinance under 25 U.S.C. 5 27 13 and its 

implementing regulations, and the Tribe shall have all rights and 

remedies avaiIable thereunder." 

Section 3. Severahlitv. In the event that any section or provision of this amendment, is held 

invalid, it is the intent of the Council that the remaining sections or provisions of this amendment 

shall continue in Eull force and effect. 

Section 4. Repeal. A11 other Ordinances previously enacted by the Council that are inconsistent 

with the provisions of this Ordinance are hereby repealed. 

Section 5. Effective Date. This Ordinance shall take effect upon review and approval by the 

S:\WMOrdslO\Chickmhend Gam.Ord.MGC.Juris ClsssIII(JSm2) wpd Page 3 of 4 
Chairman of the National Indian Gaming Commission. 

CERTIFICATION 

The foregoing Ordinance was adopted at a duly convened meeting of the Chicken Ranch 

Rancheria Tribal Council, with a quorum present, held on the 6" day of October, 2010, by the 

following vote: 

AYES: 4 

NOES: 0 

ABSENT: 1 

ATTEST: I 

Cindy ~rnith, Secretary 

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