September 28,2004 

Mr. Daniel W. Hester 

Fredericks, Pelqger & Hester 

Christopher Plaza 

1075 South Boulder Rd., Suite 305 

Louisville, CO 80027 

Re: Confederated Tribes of the Umatilla Indian Reservation, ordinance approval 

Dear Mr. Hester, 

This is in response to yout: July 29,2004, letter seeking review and approval of the Umatilla 

Confederated Tribes' gaming code, as amended by Resolution No. 04-046. The amendments, hereby approved, renumber the code for internal consistency with the Tribes' other 

ordinances and authorize the Tribal Gaming Commission to adopt regulations governing 

ense following a denial or a revocation. 

u have questions or require further assistance, please 

, at 202-632-7003. 

Chairman 

NATIONAL HEADQUARTERS 1441 L St NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 www.NlGC.GOV 

REGIONAL OFFICES Portland. OR; Sacramento. CA; Phoenix. AZ; St. Paul. MN. Tulsa. OK 
Resolution 04-046 

CERTIFICATE ,'q - +&' 

The undersigned, Antone C. Minthorn and Rose Mary Narcisse, hereby certiQ that they are €@ 

Chairman and Secretary, respectively, of the Board of Trustees of the Confederated Tribes of th&u4 

Umatilla Indian Remation (Confederated Tribes), and that at a regular meeting of said Board at 

the Board Room of the Tribal office building Mission, Oregon, on the 121h day of July, 2004, a 

quorum of said Board was present and the following, Resolution was regularly moved, seconded, 

and adopted by a vote of 5 for, 0 against, and 0 abstaining. 

RESOLUTION 

WHEREAS, the Board of Trustees is governing body of the Confederated Tribes by the 

authority of Article VI, Section 1 of the Constitution an Bylaws of the 

Confederated Tribes, adopted on November 4, 1949 and approved on December 

7,1949, as amended; AND 

WHIEREAS, pursuant to Article VI, Section 1 (d) of the Confederated Tribes' constitution, the 

powers of the Board of Trustees include the authority "to promulgate and enforce 

ordinance governing the conduct of all persons and activities within the 

boundaries of the UmatiUa Indian Reservation"; AND 

WHEREAS, by Resolution No. 94-14, adopted by the Board of Trustees on February 22,1994 

the Board of Trustees enacted the Tribes' Gaming Code, which was subsequently 

amended by Resolution 99-102, adopted by the Board of Trustees on December 

15, 1999, and by Resolution 0 1-1 01, adopted by the Board of Trustees on October 

1,2001; A. 

WHEREAS, the Gaming Code establishes the standards to govern the conduct of gaming 

activities on Confederated Tribes' lands and establishes the Confederated Tribes' 

Tribal Gaming Commission to implement those standards, oversee gaming 

activities on Tribal lands, and promulgate regulations; AND 

WHEREAS, the Gaming Code at Sections 11 - 13 establishes the general standards pursuant to 

which the Tribal Gaming Commission is to make decisions regarding licensing of 

individuals and entities to conduct gaming activities on Tribal lands; AND 

WHEREAS, the Gaming code at Section 13 (a)(6) currently provides that "Denial of 

employment or a License by the Tribal Gaming Commission is final"; and 

WHEREAS, the Tribal Gaming Commission has informed the Board of Trustees that this 

provision has resulted in situations where Tribal members and other license 

applicants who have been denied licenses are permanently prohibited &om 

reapplying for a license, even where substantial time has passed and the 

circumstances tfiat led to the licensure denid have changed. substantially; AND 

WHEREAS, the Tribal Gaming Commission has adopted a resolution requesting that the Board 

of Trustees enact an amendment to Section 13 (A)(6) that would authorize the 

Tribal Gaming Commission to promulgate regulations to permit such individuals 

to request an opportunity to reapply for licenses; AND 
Res. 04-046: Gaming Code Amendment 

July 19,2004 

Page 2 of 2 

WHEREAS, the Board of Trustees has determined that the Tribal Gaming Commission's 

proposal is in the best interest ofthe Tribe and would protect the integrity of 

gaming operations on Tribal lands; AND 

WHEREAS, the Board of Trustees, reviewed the proposed amendment to Section 13(A)(6) of 

the Tribal Gaming Code at a work session on July 1,2004; AND 

WHEREAS, the Board has directed that a uniform format should be used for its statutes, 

including internal outline format', AND 

WHEREAS, the oflice of Legal Counsel has prepared a version of the Gaming Code, that 

incorporates the amendment to Section 13(A)(6) and also applies the uniform 

internal outline and citation format to the Code; NOW THEREFORE, BE lT 

RESOLVED, that the Board of Trustees hereby approves and adopts the proposed amendment 

to Section 13(A)(6) of the Tribal Gaming Code, AND BE IT FINALLY 

RESOLWD, that the Board approves the submission of a revised Gaming Code to the National 

Indian Gaming Commission for review and approval; the revised code shall be 

consistent with the format used for other tribal codes and shall hcorporate the 

amendment; a copy of the amended and revised Section 13, now designated 

section 2.04, is attached to this resolution; 

AND that said Resolution has not. been modified, amended, or repded, and is still in 111 force 

and effect. 

DATED this 19& day of July, 2004. 

Board of Trustees 

ATTEST: 

Board of Trustees