VIA FACSIMILE & U.S. MAIL 

DonaId Tofpi, Chairman 

Kiowa Tribe of Oklahoma 

P.O. Box 369 

Camegie, OK 73015 

Fa: 580-654-2972 

RE: Amendment to the Amended and Restated &owa Gaming Ordinance 

Dear Chairman Tofpi: 

This letter responds to your request that the Chairman of the National Indian Gaming 

Commission WGC) review and approve the amendment to the Amended and Restated 

Kiowa Gaming Ordinance of 2005 (Gaming Ordinance) passed on February 12,2009, 

under Resolution CY-2009-364. The amendment changes the appointment terms of the 

tribal gaming commissioners and makes the seats vacant and refillable under the Tribe's 

laws. The NIGC received this amendment on March 30,2009. 

This letter constitutes approval of the amendment because nothing therein conflicts with 

the requirements of the Indian Gaming Regulatory Act (IGRA) and the Commission's 

regulations. 

1 must take this opportunity, however, to state that this approval does not indicate 

approval for any other resolution presented to the NIGC on March 30,2009. This 

approval only extends to the action taken by the Business Committee to amend the 

gaming ordinance. The NIGC only reviews resolutions that affect IGRA requirements, 

such as a resolution amending a tribal gaming ordinance. The NIGC does not hereby 

opine on any other resolutions presented to us, nor does it opine on the reasoning 

presented in any of those resoIutions. It is only the action taken in Resolution CY-2009- 

364 that requires my review and only that action that I will approve as compliant with 

IGRA. 

Thank you for submitting the amendment for review and approval. If you have any 

questions, please contact Staff Attorney Rebecca Chapman at (202) 632-7003. 

NATIONAL HEAOQWARTERS 1441 L St NW. Sultr 9100. Wa~h~qfiton. DC 20005 Tc' 202 632 7003 Fax 102 632 7066 wWW.lvlGc.cov 

REGIONAL OFFICES Punland. OR. Sacramento, CA. Phoen~x, AT, St Paul, MN,Tul>a, OK 
Chairman 
Kiowa Tribe of Oklahoma 

P.O. Box 369 Garnegie, Oklahoma 73015 

Phone: (580) 6542300 = Fax: (580) 654-2188 

KIOWA BUSINESS OFFICE 

March 24,2009 

National Indian Gaming Commission 

Attention: Phi1 Hogen, Chairman 

1441 "L" Street NW 

Suite 9 100 

Washington, DC 20005 

RE: The Amended and Restated Kiowa Gaming Ordinance of 2005 

Dear Chairman Hogen: 

The Kiowa Business Committee has amended certain particulars to the Amended and 

Restated Kiowa Gaming Ordinance of 2005. The amendment was done through resolution 

CY-2009-364, passed en February 12,2009, during a special meeting of the Kiowa Business 

Committee. 

The amendment addresses the extended terms of ofice of the incumbent Kiowa Gaming 

Commissionas as set forth in the current ordinance, Please accept ow submittal for approval 

of the National Indian Gaming Commission. 

We are also forwarding resolutions that pmain to the newly appointed Kiowa Gaming 

Commission and Mr. Thomas Fricke, as follows: 

Resolution CY-2009-348 

Resolution CY-2009-349 

Resolution CY-2009-3 5 5 

Resolution CY-2009-36 1 

Resolution CY-2009-362 

Resolution CY-2009-363 

Resolution CY-2009-3 68 

Resolution CY-2009-38 1 

Resolution CY-2009-3 82 

Thomas Fricke 

Thomas Fricke 

KGC Appointment 

KGC Appointment 

Newly Appointed KGC Empowerment 

Newly Appointed KGC Authorization 

Alleged KGC Removal from Office 

KGC Appointment 

KBC Support of the Newly Appointed KGC 

Should you need any other information, please contact the Kiowa Business Office at (580) 

654-1 729. 

I 

"Donald G. Tofpi, Charm 

Kiowa Tribe of Oklahoma 
Miowa Tribe of Oklahoma 

P.O. Box 369 Camegie, OkIahoma 73015 

Phone: (580) 654-2300 Fax: (580) 6542188 

Kiowa Business Office 

RESOLUTION NO. CY-2009-364 

RESOLUTION OF THE KIOWA BUSINESS MEETING AMENDING IN CERTAIN 

PARTICULARS THE AMENDED AND RESTATED KIOWA GAMING ORDINANCE OF 

2005, AND SUBSEQUENT AMENDMENTS THERETO, AND FOR OTHER 

PURPOSES 

WHEREAS, the Kiowa lndian Tribe of Oklahoma (the 'Tribe') is a sovereign nation and 

from time immemorial has been a sovereign nation; and 

WHEREAS, the Tribe is federally recognized by the Secretary of the Interior of the 

United States as having powers of self government and as being eligible 

for the special programs and services provided by the United States to 

Indians, and its sovereignty is thereby recognized by the United States, all 

as evidenced by order of the Associate Commissioner of Indian Affairs, 

dated March 13, 2070, approving the constitution and bylaws of the Tribe 

(the "Constitution7'>; and 

WHEREAS, pursuant to the Constitution and specifically pursuant to Article V, section 

2, the Tribe has delegated 1So its elected representatives, the Business 

Committee ("Business Committee"), the responsibility and authority to take 

all necessary action to promulgate and enforce ordinances and codes to 

protect the general welfare of the Tribe and its members; and 

WHEREAS, pursuant to Ballot Issue 94-A-5, passed on the 18'~ day of June, 1994, the 

Kiowa lndian Council authorized the Kiowa Business Committee to 

develop and enact a Gaming Ordinance to authorize, license and regulate 

Class El and Class 111 gaming on Tribal Land of the Kiowa lndian Tribe of 

Oklahoma; and 

WHEREAS, by Resolution No. CY-95-39 and CY-95-40, both dated June 26, 1995, the 

Business Committee, acting pursuant to the aforesaid delegated power, 

enacted resolutions to approve and adopt the Kiowa lndian Tribe of 

Oklahoma Gaming Ordinance of 1995 and the Kiowa lndian Tribe of 

Oklahoma Gaming Facility Bonding Ordinance of 1995 (together, as 

amended, the "lndian Gaming Ordinance"); and 

WHEREAS, as required under Federal law, the Initial Gaming Ordinance was 

approved by the Chairman of the National lndian Gaming Commission 

(the "NIGC"), as indicated by that Chairman's publication of a notice of 

approval of Class Ill tribal gaming ordinances, in Volume 61, Federal 

Register, page 31 963, on Friday, June 21, 1996; and 
WHEREAS, on July 21, 2001, by Resolution No. CY-2001-045, the Business 

Committee exercised its authority, as delegated to it by the Kiowa Indian 

Council and by the Constitution, to amend, in accordance with Article XIV 

of the Initial Gaming Ordinance, in certain particulars, the Initial Gaming 

Ordinance; and 

WHEREAS, by letter dated September 7, 2001, the NIGC granted its approval of the 

amendment to the Initial Gaming Ordinance; and 

WHEREAS, the initial appointment of Commissioners by the Kiowa Business 

Committee was made pursuant to Kiowa Business Committee Resolution 

No. CY-2001-045, dated the ~2~ day of July, 2001, and established the 

Kiowa Gaming Commission which consists of four (4) members with terms 

of office as follows: 

(a) Tribal Chairman; 

(b) First Commissioner whose term is seven (7) years and whose term 

expires on May 31,2008; 

{c) Second Commissioner whose tern is for six (6) years and whose 

term expires on May 31, 2007; and 

(d) Third Commissioner whose terms is five (5) years and whose term 

expires May 31,2006; and 

WHEREAS, by Resolution No, CY-2005-160, dated the 15' day of February, 2005, the 

Kiowa Business Committee approved a document entitled Amended 

Gaming Ordinance and the same was approved by NIGC. Said 

Ordinance did extend the terms of office of the incumbent Commissioners 

of the Kiowa Gaming Commission beyond the initial terms of appointment 

made by the Kiowa Business Committee on the 13'~ day of July, 2001 and 

by Kiowa Business Committee Resolution No. CY-2001-045, and reduced 

the number of Commissioners to three (3) thereby deleting the Tribal 

Chairman as a member of the Commission; and 

WHEREAS, by Resolution No. CY-2005-7 76, dated September 3, 2005, the Business 

Committee further exercised its power of amendment of the Initial Gaming 

Ordinance, by promulgating the Amended and Restated Gaming 

Ordinance of 2005 (the "Gaming Ordinance of 2005") and maintained the 

extended terms of the Gaming Commissioner as set forth in Kiowa 

Business Committee Reso I ution No. CY-2001-160; and 

WHEREAS, pursuant to Federal law, on September 8, 2005, the Chairman of the 

NIGC approved the Amended and Restated Gaming Ordinance of 2005; 

and 

WHEREAS, it has come to the attention of the Kiowa Business Committee that the 

extended terms of office of the incumbent Commissioners as set forth in 
the Amended Gaming Ordinance and the Amended and Restated Gaming 

Ordinance of 2005 was entered and promulgated by the Kiowa Business 

Committee through mistake and inadvertence; and 

WHEREAS, the minutes of a Special Kiowa Business Committee meeting held on the 

13'"day of July, 2001, show that Steve Littleman, Walter Kaulaity and 

Herbert Redbird were appointed to the ofice of Commissioners of the 

Kiowa Gaming Commission but no designation in said Minutes as to which 

position each was appointed or capacity to serve in, nor is the term of 

office for each appointee specified; and 

WHEREAS, the Kiowa Election Board did, on the 7th day of December, 2001, pursuant 

to Article XI of the Constitution of the Kiowa Tribe of Oklahoma, swear in 

Walter Kaulaity as a Gaming Commissioner and did specify that the term 

of Walter Kaulaity"~ office as Commissioner of the Kiowa Gaming 

Commissioner expired and was completed in the year 2DQ8; and 

WHEREAS, the Kiowa Election Board did, on the 7'h day of December, 2001, pursuant 

to Article XI of the Constitution of the Kiowa Tribe of Oklahoma, swear in 

Steve Littleman as a Gaming Commissioner and did specify that the term 

of Steve Littleman's office as Commissioner of the Kiowa Gaming 

Commissioner expired and was completed in the year 2007; and 

WHEREAS, the Kiowa Election Board did, on the 7th day of December, 2001, pursuant 

to Article XI of the Constitution of the Kiowa Tribe of Oklahoma, swear in 

Herbert Redbird as a Gaming Commissioner and did specify that the term 

of Herbert Redbird's office as Commissioner of the Kiowa Gaming 

Commissioner expired and was completed in the year 2006; and 

WHEREAS, the incumbent Commissioners have not satisfied the mandatory provisions 

of Article XI, Constitution of the Kiowa Tribe of Indians of Oklahoma by 

taking the Oath of Office for Commissioner of the Kiowa Garning 

Commission for any term of office past the dates specified on each 

respective Oath of Off~e as Commissioner of the Kiowa Gaming 

Commission, as set forth above, and the three (3) offices of Commissioner 

of the Kiowa Gaming Commission are declared vacant and subject to 

being filled by appointees selected by the Kiowa Business Committee in 

accordance with the Amended and Restated Kiowa Gaming Ordinance, 

Laws of the Kiowa Tribe of Oklahoma, and the Constitution and By-laws of 

the Kiowa Tribe of Oklahoma; and 

WHEREAS, the failure of the incumbent Gaming Commissioners, namely Walter 

Kaulaity, Steve Littleman and Herbert Redbird to take the mandatory Oath 

of Office mandated by Article XI, Constitution and By-Laws of the Kiowa 

Tribe of Oklahoma prior to assuming their duties as Commissioners of the 

Kiowa Gaming Commission has caused each of them to be unlawFully 
holding their respective office of Gaming Commissioner, and as a result 

thereof, said Walter Kaulaity, Steve Littleman and Herbert Redbird are not 

IawFully appointed or seated Gaming Commissioners of the Kiowa Gaming 

Commission; and 

WHEREAS, the Kiowa Business Committee has been advised that there no longer 

exists any necessity for the continued existence of Paragraph 12 

(Regulations) of the Article 8, Section I, Paragraphs g and h of the Kiowa 

lndian Tribe of Oklahoma Amended and Restated Gaming Ordinance of 

2005 wherein the Powers and Duties of the Commissioners of the Kiowa 

Gaming Commission was expanded to authorize the creation of 

Emergency Rules and Regulations and that Kiowa Business Resolution 

No. CY-2007-716, at page five (5) should be rescinded as the same 

relates to the creation of the authority of the Kiowa Gaming Commission to 

enact Emergency Rules and Regulations and that Paragraph '12 

(Regulations) of Article 8, Section 1, Paragraphs g and h of the Kiowa 

Indian Tribe of Oklahoma Amended and Restated Gaming Ordinance of 

2005 should be repealed. 

NOW, THEREFORE 1T BE AND IT IS HEREBY RESOLVED that Article Eight (81, 

subparagraph (c}, Initial Appointment of Commissioners, of the Amended and Restated 

Gaming Ordinance of the Kiowa Tribe of Oklahoma be and the same is hereby 

amended to read as follows: 

(c) Initial appointment of Commissioners. Upon the effective date of 

this Ordinance hereby amending the Amended and Restated 

Gaming Ordinance, the first appointment of Commissioners shall 

be for terms as follows: 

I. First Commissioner appointed by the Kiowa Business 

Committee, for a term of approximately seven (7) years te 

expire May 33, 2008; the Second Commissioner, as 

appointed by the Kiowa Business Committee for a term of 

approximately six (6) years to expire on May 31, 2007; and 

the Third Commissioner as appointed by the Kiowa Business 

Committee, for a term of approximately five (5) years to 

expire on May 32, 2006. All the terms of the incumbent 

Commissioners namely Walter Kaulaity, Steve Littleman and 

Herbert Redbird, have expired The offices of all three (3) 

Commissioners as above defined are declared vacant, and 

are subject to being filled by the Kiowa Business Committee 

pursuant to the terms and conditions of this Amended and 

Restated Gaming Ordinance, laws of the Kiowa Tribe of 

Oklahoma and the Constitution and By-taws of the Kiowa 

Tribe of Oklahoma. 
AND BE If FURTHER RESOLVED, that Kiowa Business Committee Resolution No. 

CY-2007-716, at page five (5) thereof, is rescinded only to those provisions granting the 

Commissioners of the Kiowa Gaming Commission, the power and authority to create 

Emergency Rules and Regulations and Paragraph 12 (Regulations) of ArZicle 8, Section 

1, Paragraphs g and h, Kiowa Indian Tribe of Oklahoma Amended and Restated 

Gaming Ordinance of 2005, creating the authority of the Kjowa Gaming Commission to 

enact Emergency Rules and Regulations is hereby repealed; 

AND BE 1T FURTHER RESOLVED, that as herein amended, the Amended and 

Restated Gaming Ordinance is hereby ratified and confirmed; 

AND BE IT FURTHER RESOLVED, that to the extent that any ordinance, regulation, 

policy or practice of the Kiowa Tribe is inconsistent with this Resolution hereby enacted, 

such ordinance, regulation, policy or practice is hereby superseded and repealed; 

AND BE IT FURTHER RESOLVED, that the Tribal Chairman and the Tribal Secretary 

be and they are hereby authorized and directed to submit this Resolution together with 

the Gaming Ordinance to the National Indian Gaming Commission for approval as 

required by and pursuant to Title 25 Code of Federal Regulations, Section 522.1- 

522.12 inclusive and to the Assistant Secretary for Indian Affairs or his authorized 

representative, pursuant to Article V, Subsection 2(g) of the Tribal Constitution; 

AND BE IT FURTHER RESOLVE, that the foregoing becomes effective on the date on 

which it is approved by NlGC Chairman pursuant to those regulations and by Assistant 

Secretary for Indian Affairs or his authorized representative, pursuant to Article V, 

Subsection 2(g) of the Tribal Constitution ("effective date"); 

AND BE IT FURTHER RESOLVED, that promptly following the effective date the Tribal 

Business Committee be and hereby authorized and directed to make the appointments 

to the Gaming Commission pursuant to the Gaming Ordinance as hereby amended; 

AND BE IT FURTHER RESOLVED, that any part of these resolutions be found by a 

court of competent jurisdiction to be inconsistent with the Tribal Constitution then only 

that part found to be so inconsistent shall be void an of no effect (but only to the extent 

af such inconsistency), and all other parts of this Resolution shall remain in full force 

and effect. 

********************X***************************************************~r******k********************* 

CERTIFICATION 

The foregoing Resolution No. CY-2009-364 was duly adopted at a Special Kiowa 

Business Committee meeting, held on Februav 12,2009, at the Kiowa 
Tribal Complex, located in Carnegie, Oklahoma, with majority vote of ( 4 ) for, ( 0 ) 

against and ( 0 ) abstentions, a quorum being present. 

ATTEST: WITNESS: 

,I 

,1 -- I J . ;.' 

f! 1- \ --- :i. ;I !- ,. t -4 '< j -,I:-- -! )Je,i - - < \ It/ 

Sharon Pena, Tribal Secretary Donald G. Tofpi, Tribal Chairman