* - NATIONAL
INDIAN

3, GAMING

* + COMMISSION

JAN 2.3 1S¢8

Joseph Little
General Counsel
Pueblo of Pojoaque
Route 11, 21-B
Santa Fe, NM 87501

Dear Mr. Little:

This letter responds to your request to review and approve the
proposed change to the Pueblo of Pojoaque’s tribal gaming
ordinance submitted by letter dated October 24, 1997. The change
had the effect of assigning to the Pueblo of Pojoaque Gaming
Commission the authority and responsibility to promulgate
regulations for the regulation of the Pueblo’s gaming operations
and compliance with "the Act" (presumably the Indian Gaming
Regulatory Act [IGRA] 25 U.S.C. § 2701 et seq) and the compact
with New Mexico. The valid ordinance was approved by the
Chairman of the National Indian Gaming Commission (NIGC) on June
13, 1994. The proposed change to the ordinance which you have
submitted does not require approval by the NIGC because the
document addresses issues not raised in the IGRA or the NIGC’s
regulations.

While I view with concern Rule 14 of the Pueblo Gaming Commission
Rules and Regulations, providing for substantial payments to the
State of New Mexico, those provisions are beyond the scope of the
Chairman’s statutory review. Under the IGRA and the regulations
of the NIGC, the Chairman is directed to review ordinances and
amendments with respect to the requirements of the IGRA and the
implementing regulations. Thus, the scope of the Chairman’s
review and approval is limited to the requirements of the IGRA
and the NIGC regulations. Provisions other than those required
under the IGRA or the NIGC regulations that may be included ina
tribal ordinance are not subject to review and approval.
Similarly, given an approved tribal ordinance, implementing
regulations would not be subject to any such review and approval.

Thank you for submitting the Pueblo of Pojoaque’s proposed

changes for review. If you have questions or require further
assistance, please contact the NIGC at (202) 632-7003.

Sincerely yours,

dd joke

Tadd Johnsen h m3
Chairman

a

1441 L_ STREET, N.W. STHFLOOR WASHINGTON, D.C. 20005 TEL.: 202-632-7003 FAX: 202-632-7066



GOVERNOR
Jacob Viarrial

LIEUTENANT GOVERNOR

George Rivera
a“

PUEBLO OF POJOAQUE

ROUTE 11, BOX 71

SANTA FE, NEW MEXICO 87501
GOVERNOR'S OFFICE: (505) 455-3901

PUEBLO OF POJOAQUE TRIBAL COUNCIL
RESOLUTION 97-

AMENDING THE PUEBLO OF POJOAQUE GAMING ORDINANCE
TO COMPLY WITH THE TRIBAL STATE CLASS UI
GAMING COMPACT WITH THE STATE OF NEW MEXICO

” SECRETARY
Linda Sarmiento

TREASURER
Gloria Garcia

WHEREAS, the Pueblo of Pojoaque and the State of New Mexico have entered into a
Tribal-State Class III Gaming Compact and Revenue-Sharing Agreement, which Compact and
Revenue-Sharing Agreement are expected to go into effect on or before September 29, 1997; and

aw WHEREAS, the Compact and Revenue-Sharing Agreement impose various requirements
on the Tribe with respect to the operation and regulation of its Class III gaming activities; and

WHEREAS, the Pueblo of Pojoaque Tribal Council has previously adopted Ordinance 10-8-
1, as amended (1994), by which it created the Pueblo of Pojoaque Gaming Commission, and
empowered that Commission to oversee and regulate all gaming activity within Pojoaque lands, and
specifically. among other things, empowered the Commission to promulgate regulations to govern

the operation and management of any such gaming activity, and

WHEREAS, it is the opinion of the Tribal Council that the regulatory measures mandated
by the compact recently entered into by and between the Tribe and the State of New Mexico should
be imposed by the Pueblo of Pojoaque Gaming Commission, through its existing regulatory
authority, and that such regulations would have the force of law within the Pueblo of Pojoaque; and

WHEREAS, it would be appropriate to amend Ordinance 10-8-1 so as to clarify the

Commission's authority in this regard;

NOW THEREFORE BE IT RESOLVED by the Tribal Council of the Pueblo of Pojoaque,

as follows~

I. Section 10-8-6 B. Powers and Duties of the Pueblo of Pojoaque Gaming Ordinance,

inserting in lieu thereof the following:

as amended, is hereby amended by deleting the existing language of said Section 10-8-6 B (1), and


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10-8-6 B (1) The Pueblo of Pojoaque Gaming Commission shall promulgate any
and all regulations it deems necessary or appropriate for the regulation of gaming
activity within the Pueblo of Pojoaque, so as to fulfill the purposes of this Ordinance,
and in particular shall promulgate any and all regulations necessary or appropriate
to assure full compliance by the Pueblo and its gaming enterprise with any and all
provisions of the Act and of the Compact that is in effect, and all such regulations
properly promulgated by the Commission within the scope af its powers granted .
herein shall have the full force of law within the Pueblo of Pojoaque.

2. The Governor of the Pueblo and the Tribe's attorneys are hereby authorized and
directed to see that this amendment is submitted to the National Gaming Commission for approval
in accordance with the provisions of the Indian Gaming Regulatory Act.

CERTIFICATION
The foregoing Resolution was duly adopted by the Pojoaque Pueblo Tribal Council, at a
duly-called meeting on the IQ day of Stet. 1997, by the affirmative vote of

AK tO.
By Lewd. CjevrenL

Jacob Viarrial, Governor

 . YY.
By Kula ve We

inda S. Diaz, Secretary