NATIONAL 

INDIAN 

, GAMING 

COMMISSION FEB - 5 19% 

Jeffrey D. Parker 

Chairman 

Bay Mills Indian Community 

Route 1, Box 3 13 

Brimley, MI 43715 

Dear Chairman Parker: 

This letter responds to your request to review and approve 

the amendment to the tribal yaminy ordinance of the Bay Mills 

Indian Community (Tribe). The amendment to the ordinance was 

adopted by tHe Tribe by Resolution No. 95-10-3, on Octol~er 3, 

1995. This letter constitutes such approval under the India11 

Gaming Regulatory Act (IGRA). 

Under the IGRA and tile regulations of the National Indian 

Gaming Commission (NIGC), the Chairman is directed to review 

amendments to ordinances wit11 respect to the requirements of the 

IGRA and the implementing reyulations. Thus, the scope of the 

Chairman's review and approval is limited to the requirements of 

the IGRA and the NIGC rerjtrlat i ons. 

Thank you for sul~rni ttincj tllc amendment to the tribi~l cjnmincj 

ordinance of the Day Mil Is In(ljan Community. 'I'tle NIGC stal f i~l~tl 

I continue to loo].: f orl~artl to l lo^-1.: ing wj t.11 you and the 'rr i l~c. i n 

implementing the IGRA. 

Sincerely yours, 

Cha i rma n 
BAY MILLS INDIAN COMMUNITY 

RURAL ROUTE NO. 1 

BRIMLEY, MICHIGAN 49715 

RESOLUTION 

Resolution No. 95-10-3 

WHEREAS : The Bay Mills Indian Community is a federally recognized Indian tribe, with a constitutional 

form of government adopted pursuant to the 

provisions of the Indian Reorganization Act of 

1934, 25 U.S.C. sec. 461, et seq., and 

WHEREAS : The Tribe regulates gaming on its Reservation 

under a compact with the State of Michigan and 

under its Gaming Ordinance, and 

WHEREAS : Enforcement of the requirements of federal, 

state and tribal law is the responsibility of 

the Tribe's Gaming Commission, and 

WHEREAS : Under the Tribe's Gaming Ordinance, the Gaming 

Commission is comprised of the elected 

officers of the Bay Mills Indian Community, 

being the Executive Council, and 

WHEREAS : The responsibilities of the Gaming Commission 

now require more time than the Executive 

Council can reasonably provide, and 

WHEREAS : It is determined to be in the best interests 

of the Bay Mills Indian Community and the long term economic stability of its gaming 

enterprise that the Gaming Commission be an 

appointed body comprised of members with the 

highest integrity and dedication, and 

WHEREAS : The small size of the Bay Mills Indian 

Community causes most members to be related by 

both blood and marriage, and therefore causes 

the anti-nepotism barrier in the Gaming 

Ordinance to prevent consideration for most 

members for appointment to the Gaming 

Commission. 

NOW, THEREFORE, BE IT RESOLVED, that the following 

amendments to the Tribe's Gaming Ordinance, 

with deletions struck out and additions 

underlined, are hereby adopted: 
2.27 "Immediate familv" means, with respect to the 

person under consideration, a husband, wife, father, 

mother, son, daughter, brother, or sister,,-Eakher-is- 

&awi-meEher-ia-&awT-se~-i~-&awr-da~ghEer-is-1awi 

BreEher-~a-&a~~-sisEe~-i~-&aw~-sEepEaEher~-sEepmeEhe~~ 

sEepse~~-sEepda~gkEe~~-sEepBfeEhe~~-sEepsisEer~-ha&E 

BreEher-ef-ha&E-sister. 

(A) Number of Commissioners. The Tribal 

Commission shall be comprised of five (5) Tribal 

Commissioners consisting of Eke-give-e&eeEed 

meders-eE-Eke-Exee~Eive-€e~seif-er-Eheir 

designees-appeia~ed-By-Eke-T~iBa&-€eusei persons 

a~pointed by the Executive Council. 

APPROVED : ATTEST t. 

Executive Council 

CERTIFICATION 

I, the undersigned, as Secretary of the Bay Mills 

Indian Community Executive Council, do hereby certify that 

the above Resolution was adopted and approved at a meeting 

of the Bay Mills Executive Council held at Bay Mills, 

the 3rd day of October, 1995, with a vote of 

opposed, absent, and 1 abstaining. As 

of the Bay Mills Tribal Constitution, the 

President must abstain except in the event of a tie. 

/&z/&A- rrlne A. Camer , Secretary 

Bay Mills Indian community - 

Executive Council 
2.19 "Games of chancel1 mean any game or activity which 

falls within the broad definition of gaming or gaming 

activity. 

2.20 I1Gaminql1 or Itsamins activitvI1 means any activity, 

operation or game of chance in which any valuable 

consideration may be wagered upon the outcome determined 

by chance, skill, speed, strength or endurance, and in 

which any valuable prize is awarded to the player so 

wagering. 

2 .2 1 "Gamins awwaratus or I1qaminq equipment means any 

device, machine, paraphernalia, or equipment that is used 

or usable in the playing phases of any gaming activity, 

whether or not specifically designed for the purpose, but 

excluding tables and chairs normally used in the occupancy 

of any gaming establishment. 

2.22 "Gamins estab1ishmentI1 means any location or 

structure, stationary or movable, wherein gaming is 

permitted, promoted, performed, conducted, or operated 

and the operator of which establishment contributes the 

net proceeds derived from the gaming activity toward 

eligible organizational uses as defined. Gaming 

establishment does not include the site of a fair, 

carnival, exposition, or similar occasion. 

2.23 I1Gamins Prosram" means any Tribal Program which 

oversees one or more parts of the operation of all tribal 

gaming activity. The Gaming Program must work closely with 

the Tribal Commission or be licensed by it. 

2.24 I1Gross wroceedsu means all money collected or 

received from lawful gaming activity. 

2.25 "Gross wroceeds taxn means a tax imposed and 

collected by the Tribe on all monies received by any 

gaming establishment in return for the opportunity to play 

a game of chance. 

2.26 "Indian Gamins Resulatorv Act" or "IGRA" means 

Public Law 100-497,102 Stat. 2426, 25 U.S.C. sec. 2701, et 

seq., as amended. 

2.27 "Immediate familyw means, with respect to the person 

under consideration, a husband, wife, father, mother, son, 

daughter, brother, or sister. 

2 -28 "In wrivitv with" means a relationship involving one 

who acts jointly with another or as an accessory before 

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Revised 10-3-95 
any action of the Tribal Commission, shall be deemed or 

construed to be a waiver of sovereign immunity from suit 

of the Tribe; or to be a consent of the Tribe to the 

jurisdiction of the United States or of any state or any 

other tribe with regard to the business or affairs of the 

Tribal Commission or the Tribe; or to be a consent of the 

Tribe to any cause of action, case or controversy, or to 

the levy of any judgment, lien or attachment upon any 

property of the Tribe; or to be a consent to suit with 

respect to any land within the exterior boundaries of the 

Reservation, or to be a consent to the alienation, 

attachment or encumbrance of any such land. 

4.9 Credit of the Tribe. Nothing in this Ordinance nor 

any activity of the Tribal Commission shall implicate or 

any way involve the credit of the Tribe. 

4.10 Assets of the Tribal Commission. The Tribal 

Commission shall have only those assets specifically 

assigned to it by the Council or acquired in its name by 

the Tribe or by lt on its own behalf. No activity of the 

Tribal Commission nor any indebtedness incurred by it 

shall implicate or in any way involve any assets of tribal 

members or the Tribe not assigned in writing to the Tribal 

Commission. 

4.11 Membership. 

(A) Number of Commissioners. The Tribal Commission 

shall be comprised of five (5) Tribal Gaming 

Commissioners consisting of persons appointed by the 

Executive Council. 

(B) gualification of Commissioners. Each Commissioner 

must be a member of the Tribe. 

(C) Backsround Check. Prior to the time that any Tribal Commission member takes office on the Tribal 

Commission, the Tribe shall perform or arrange to have 

performed a comprehensive background check on each 

prospective member. No person shall serve as a 

Commissioner if: 

(1) His prior activities, criminal record, if any, 

or reputation, habits or associations: 

(a) Pose a threat to the public interest; or 

(b) Threaten the effective regulation and 

control of gaming; or 

(c) Enhance the dangers of unsuitable, unfair, 

or illegal practices, methods, or activities in 

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Revised 10-3-95