December 16,2008 

LaRue Martin Parker, Chairman 

Caddo Nation of Oklahoma 

P.O. Box 487 

Binger, OK 73009 

Via fu,~ 140.5- 6-56-2892) 

(rrrd li.S mail 

Dear Chairman Parker: 

This is in rcsponse to your request far review and approval of two amendments to 

the Caddo Nation Gaming Ordinance enacted by Resolution 10-2008-01 and Resolution 

10-2008-02, both adopted by the Caddo Nation Tribal Council an October 3.2005. The 

amendments are hereby approved. 

Resolution 10-2008-01 amends the definition ofIndim knds to include reference 

to a portion of an aIlotmcnt that has been held by thc United States in trust for the benefit 

of Caddo Nation members for over one hundred years. The rccord demonstrates that the 

conduct of gaming activities by the Cadda Nation on this allotment would be consistent 

with the Indian Gaming Regulatory Act (IGRA) whether the beneficial interest in this 

allotment stays in individual ownership or is transferred to the Caddo Nation. BeSore 

opening a gaming facility, however, the Caddo Nation must still obtain lawfi~l possession 

of the allotment through lease or trust-to-trust transfer, and it must also comply wit11 the 

National Indian Gaming Commission (NIGC) regulations concerning facility licensing. 

73 Fed. Reg. 601 9 (Feh. 1.2008) (to be codified at 25 C.F.R. pt. 559). 

Resolution t 0-2008-02 amends a section of the Caddo Nation's gaming ordinance 

that sets Forth approved uses of gaming revenues. This amendment also concerns gaming 

on the individually-held allotment described above. It authorizes thc Caddo Nation to pay 

the individual owners of that allotment 10% of the net revenues derived from any gan~ing 

operation en the land until the Caddo Nation acquires the property in trust for the Tribe. 

In support of this amendment, a "whereas"' clause in the resolution references an NIGC 

regulation, 25 C.F.R. 4 522.10, that allows individually-awned gaming opcrations on 

Indian lands. According to my understanding of the Caddo Nation's plans, however, this 

regulation would not apply, hecause the gaming operation will hc owned and controlled 

by the Caddo Nation whether the land is lcased from the allotment's individual owners or 

the Caddo Nation purchases the existing trust interests in the land. 

There is a concern that a payment of 10% of net revenues for a land lease could 

violate IGRA's sole proprietary intcrest provision. 25 U.S,C. 927IO(b)(2)(A): scc also 
Caddo Nation of Oklahoma Gaming Ordinance I04 ('The Tribe sIlalI have the sole 

proprietary interest in and responsibility for the conduct of any gaming operation 

authorized hy this ordinance."). Unless a payment of n percentage of gaming revenucs is 

specificakly authorized by IGRA, the NIGC may vicw the paymcnt as an illegal 

proprietary interest if it is coupled with the power to control some part of thc gaming 

operation or ir thc percentage-based payment is expected to be far beyond the market 

value of the goods/scrvices provided, taking into account the degree of risk assumed by 

the third pasty under the particular circumstances. 

This amendment would not extcnd arty control over the gaming operation to the 

allotment landowmets, so the only issue is whether I 0% of net revenues would result in 

payment far beyond the fair market value. In this case, the hir annual rental of the 

property will he determined by the Bureau of Indian Affairs (BTA) prior to approving any 

Icase between the Caddo Nation and the individual alloiment owners. 25 C.F.R. 

Rfi 1 62.1 01 ; 1 62.604@). According to our experience, the BTA will not approve gaming 

land leases that provide for rental payments far beyond fair market value and therchy 

violate IGRA's sole proprieta.ry interest provision. ConsequentIy, 1 can dcfer to BL4's 

lease approval precess to ensurc that the proposed amendment to the Caddo Nation's 

gaming ordinance will not cause a violation of IGRA. My approval of Resolution 

IO-2008-02 should not be construed as an indication that I have determined whether 10% 

of net revenues From the Caddo Nation's planned facility would represent a fair annual 

rental. That determination will rest with the BIA, to which the WGC shall defer. 

I W' ddo Nation success in its gaming endeavors. TT you have any 

qucseceed, you may contact Region Director Tim Harper at (9 1 8) 58 1 - 

79d or Senior ~tfhrne~ Jeffrey Nelson at (202) 632-7003. 

Chairman 
Oet 06 2009 11:OGRR CRDDD YATION 4056562892 P. 5 

Resolution* 1 a 00 v* o ( 

RESOLUT70M TO AMEM0 THE CADDQ MATION GAMING LbRB?MAHCE 

.. 

WHEREAS: The Caddo 'M?ion or Oklahdma is a f&evihr.rerqmked tribe, 

gov?r?ed by 3 comt?tu!ion ~wsutarafa f':? Cs+lahc--'a rlndian 

We16arrz Aet as '; 926 i;'[ J? S te?. 7 BET), md 

WHEREAS: Wbri ar tke TPV~SP~ Caddo NSon Congtitution and By-laws adopted 

bv '".c hrr.:~ oFQjCJ~'?c.ha c'? J1.!ne 25, "976, e?d mcognized 5u 'k ~a~.~r.?4r,?~ c'' ir?*:2for7 tbd+ Tt;i:,~i .C,O~~;C~! ~f cadcc 

hk:m .?air pxwrs, and 

I V. Section 2, part 'ti' of the Const# Jon. the Caddo 

is empowered to mnloy and pav leal mtsnsel, and 

WEREAS: 3he Csmc! qq*n Tribal Council in 2006, whilted a G~lming 

PP? IP :3 -.:inane") to !he U&;an*l indian Gaming . 

cr.-- ,'"?'IGCm;; OF approv~!, mb . - 

WEREAS: The hfi~~ Aereaflwa~proud me crdihanm consistest with the 

Fnc:an Gamlng Eequ:*b~t .'.c"("1GTP"), and 

WHEREAS: The ~addu hion Tribal Council herebyihtends to amend 1I-e 

previously approired Ordinawe by arrel?r!;g.lg Section "2 (k) Co 

inctude: 

(4) including but not limited to a pomn of the original Amos 

Longhal~705 Cac'do Allotment mom particu Bar!v descrii= ecl as 

follows: The W!2, SEW. Section 3, T12N, "21 9Wi \,Po!'. Cndda 

Cauntqr, OWairorn~ 

WHEREAS: The Caddo Nation Tribal Council hereby approves the herein 

describe$ arnendrnert-apt subrnfis such srnend men! to fie N lGC 

%C~T revkv and approval. 
Resolution ,/ 3- d6dsd 0. i (> 

. . , 

.,I > . . -. >* .- . 

NOW THEREFORE e< 7 E :SOLVED, t?i! ?lie ddddo Nation of Oklahoma 

hereby anwoves the Y+"I C:';r;chxj asr-a,ndm~t $0 'c'k 0-dinance a~d hereby 

submits s1xh arnendr-= - I " 2r-. '**%G fjt revkw a~d aoproval. 

., . . . , 5 .'- 

CER~~~IC.~~+.~O~~ ' . -> 

We the undersigned oficess of the C&ds,'Fd&im of &ahoma T@?sl CouncP, do 

herebv wrtQ ht the fcrwoirrg resafutcn was c'uly afo~ted on t'-,< 36 day -3 

P;GA:NS- 3r16 C4SSTAIY'IVG. ___I 

,2g?&4- 3 oz / 

' ,--A- 

>'-; .r 

. c fc- d , Date 
Oct 06 2008 I1:OGAM CRDDD NATION 4056562932 p-- 'II 

SESOLU~ON~TO AMEND THE CADW NATION GAMING ORDINANCE 

WHEREAS: ~he~addo Nation of ~klaho&a is a,federally rs65ynized tribe, 

pvsrpsrf by ;: am!ik.s4ion r3t!rsuanf to t"te C<~P~G~-F indim 

?fGeVa 4 33~ : c:: 3 st-' , and 

WHEREAS: Und~)rt*e ieT.%& Salldo Nxsn c;&kutign and By-lawsadopted 

by c'-. F T. . r:~e ~:-3VF?ion1a ct ,%re 25, *976, ar?@ mgnized 

by ::F r..r-. r:":"t !2?eri~v, the Tr:Sai Council nf *-+. Cadto 

p,~,~?~~ -?? --74aj7 pme~s, and 

WHEREAS: lhdst +We's V. Section 2, part 'F;" of the Catvstihrtion, t'le Caddo 

Tr'k,? Zr.xn<:i k ern~mend to -ploy and pav iepal c~unsel, and 

WHERWS: 7% C #on Tribal Council in 2006, submitted a Gaming Cw.;n j- --- - :*: 1 -S--djnancel'} to me Nstbfial Indian Gamin9 

Cn*-r*ss or "'"'':GC") For appmv~i, znd 

WHEREAS: ?he NIGL rneedtm impwved %bre odihance consist&! with the 

Inck Gaming !?ec~?:?ll~r.r i':<-: I--3GJ.u), and 

WHEREAS: The addt ti batlon Tribal Council, pursularrt fj 25 CFR 522.1 0, 

hereby irlkends r~ amend'me pmukusly aoo roved Ordinance by 

arnendinrp Se2i.m 105 YO include: 

(b) *S 0% of Net Revenues from anw gaming omration 

located on Indian hands not cnrvned by the more s~edfically 

described in Sectbn 162 (+I, shall be provided to the proae* 

owners untitjr the acquisition of the subjd prow* far the Tribe in 

trust pursuanf ta 25 C3 752 is consumrnatec' 

-. - 
Uct 06 ?GO9 ll:0Gf7H CRDDO VflTIOW 4CC6562Q92 u. 

~ .. . . 

WHEREAS: The Caddo Nation Tribal Council hweby apomves the herein 

describcc' amendment and submits suci amend-.tent to !'re NlGC 

NOW ~EREtORE BE IT P! 'tF3, tWt ??e Caddo Wation of Ok'phoma 

hereby approves ?+e ~BP?" >& arr .~??~en; "3 **'7e Ordinance ar2 hereby 

subm'h SL\C~ amend-: -7, :2 . - \.lGC '0- ry~iew an+. zq9r~ :al. 

. . 

CERVFIGATIWI . + 

We the undersigmd ~Vcers of 1be Wij-rt? nf Pg<'2%ma Tr;:mF Count;!, do 

hereby certify ?w'. !he fa-c-ming resolut'u~ 7 11-f ~.<f~~'d on '!-'s 3rd day a+ 

lOcto*r 298, "-! a vote : St3fST sr?l 6 %ESTAIN:VG. 

/& --- ,3d 

7~'e