Office of the Governor Telephone

(505) 869-3111

(505) 8696333

Fax (505) 869-4236

PUEBLO of ISLETA

P.O Box 1270

Isleta, New Mexico 87022

RESOLUTION NO. 95- 12

ENACTING FIRST AMENI)MENT TO

PUEBLO OF ISLETA ORDINANCE 94-02: PERMITTED GAMING

At a duly called meeting of the Tribal Council of the Pueblo of Isleta, the

following Resolution was passed:

WHEREAS, the Pueblo of Isleta (the Tribe) desires to facilitate its on-going

gaming operation to provide much needed resources to fund tribal operations and

programs for the benefit of the people of the Pueblo of Isleta and to continue the same

in accordance with the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq.; and

WHEREAS, the Tribe passed and enacted an ordinance, entitled PUEBLO OF

ISLETA ORDINANCE 94-02: PERMITTED GAMING (the Ordinance), on

December 20, 1994, for the purposes of facilitating its on-going gaming operation; and

WHEREAS, the Tribe submitted the Ordinance to the Bureau of Indian Affairs

(BIA) for its approval, as required by The Pueblo of Isleta Tribal Constitution,

Article X, on December 28, 1994; and

WHEREAS, the Tribe and the State of New Mexico entered into that certain

Compact Between the Pueblo of Isleta and the State of New Mexico Providing for the

Conduct of Class III Gaming (the Compact), on February 13, 1995; and

WHEREAS, the BIA has notified the Tribe that it will not approve the

Ordinance without clarification that the Ordinance is in compliance with the

Compact; and

WHEREAS, for the foregoing reasons, the Tribal Council of the Pueblo of Isleta

considers it appropriate to pass, ordain, and enact an amendment to the Ordinance

for the purpose of clarifying the Ordinance as required by the BIA for its approval,

which amendment shall be referred to as the FIRST AMENDMENT TO THE

PUEBLO OF ISLETA ORDINANCE 94-02: PERMITTED GAMING.

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

of Isleta that the FIRST AMENDMENT TO THE PUEBLO OF ISLETA

ORDINANCE 94-02: PERMITTED GAMING, a copy of which is attached hereto,

be, and it hereby is adopted, passed, enacted, and ordained by the Pueblo of Isleta.
Resolution

Page 2

BE IT FURTHER RESOLVED that the Governor be, and he hereby is,

authorized and directed to submit the same to the proper authority or authorities for

review and approval, as may be appropriate.

CERTIFICATION

I, the undersigned, as Governor of the Pueblo of Isleta, do hereby certify that

the foregoing Resolution was passed at a duly called meeting of the Tribal Council of

the Pueblo of Isleta, held on the 15th day of March, 1995, at which a quorum was

present, with 11 voting for, 0 opposing, and 0 abstaining on said resolution.

Alvino Lucero,Gov rnor

Attest: _____________________

~ef~Ino Lente, President

Secre ry £111::7
Office of the Governor Telephone

(505) 869-3111

(505) 6696333

Fax (505) 669-4236

PUEBLO of ISLETA

P.O Box 1270

Isleta, New Mexico 87022

FIRST AMENDMENT TO

PUEBLO OF ISLETA ORDINANCE 94-02:

PERMITTED GAMING

At a duly called meeting of the Tribal Council of the Pueblo of Isleta, the

following amendment was passed:

BE IT ORDAINED AND ENACTED as follows:

PURPOSE The Tribal Council of the Pueblo of Isleta (the Tribe), empowered to

enact ordinances, hereby enacts this amendment to Ordinance 94-02: Permitted

Gaming (the Ordinance), in order to amend the terms for class III gaming

operations and other operations on tribal lands such that the Ordinance shall comply

with the terms of that certain Compact Between the Pueblo of Isleta and the State of

New Mexico Providing for the Conduct of Class III Gaming (the Compact), entered

into between the Tribe and the State on February 13, 1995.

SECTION 1: PERMITTED ACTIVITIES: SCOPE OF GAMING Section 1 of the

Ordinance is hereby amended by striking everything after Subpart A, and replacing it

with the following provisions:

B. All class III gaming, as described and defined in 25 CFR §

502.4 (25 CFR Ch. III (4-1-94 edition)), as that section may be amended

from time to time, and any gaming permitted by the State of New

Mexico for any purpose, by any person, organization or entity (and such

gaming activity not otherwise being prohibited on Indian lands by a

Federal statute dealing with a specific gaming activity, including without

limitation, the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq).

C. Notwithstanding the generality of the foregoing, class III

gaming shall be subject to, delimited by, and conducted in compliance

with the terms and conditions of the Compact, as it may, from time to

time, be amended by the parties thereto.

SECTION 2: OWNERSHIP OF GAMING Section 2 of the Ordinance is hereby

amended by adding the following sentence at the end of the current provision:
Amendment to Ordinance 94-02

Page 2

Such responsibility shall be executed in a manner consistent with the

terms and conditions of the Compact, as it may, from time to time, be

amended by the parties.

SECTION 3: AUDIT Section 4 of the Ordinance is hereby amended by adding the

following language immediately following A. and before the current text of the

provision begins:

Consistent with the Audit and Financial Statements provisions of the

Compact, as the same may, from time to time, be amended by the

parties,

SECTION 4: PROTECTION OF THE ENVIRONMENT AND PUBLIC HEALTH

AND SAFETY Section 5 of the Ordinance is hereby amended by adding the following

language after the words manner that and before the words adequately protects:

is consistent with the Public Health and Safety provisions of the

Compact, as they may, from time to time, be amended, and which

SECTION 5: LICENSES FOR EMPLOYEES Section 6. of the Ordinance is hereby

amended as follows:

A. The heading of Section 6. shall be revised to read:

6. LICENSES FOR EMPLOYEES.

B. Section 6. Subpart B. of the Ordinance is hereby amended as follows:

1. The following provision shall be inserted immediately following the

heading:

1. Any person, corporation, or other entity providing

gaming services within or without a Gaming Facility, shall

apply for and receive a license from the Tribe before

participating in any way in the operation or conduct of any

class III gaming conducted by the Tribe.

2. Each Subpart of Section 6. Subpart B., commencing with

Subpart 1, of the Ordinance shall be renumbered to accommodate the addition of the

new Subpart 1, so that the current Subpart 1 becomes Subpart 2, the current

Subpart 2 becomes Subpart 3, and so forth until all Subparts are renumbered in

proper sequence.
Amendment to Ordinance 94-02

Page 3

C. Subpart C. of Section 6. is hereby amended as follows:

1. In the first line of Section 6. Subpart C. 1., immediately following

the words from each and preceding the words primary management, the phrase

applicant and his, her or its principals, if applicable shall be inserted.

2. In the first line of Section 6. Subpart C.1.b. the number 5 shall

be deleted and replaced with the number 10.

3. Following the last word of Section 6. Subpart C.1.b., the following

language shall be added:

;provided, however, that any applicant who

is a principal, primary management official,

key employee, management contractor,

manufacturer or supplier of gaming devices,

and/or a person providing gaming services,

must provide such information currently and

from the age of eighteen (18).

4. The second subsection denominated d of Section 6. Subpart C.

1. is hereby amended to correct the denomination to e, and the following language

shall be added after the last word of that Section 6. Subpart C.1.e.:

and a description of any potential or actual

conflict of interests between such businesses

and Indian tribes;

5. Section 6. Subpart C. 1. i. is hereby amended by (a) adding the

words for which there is a after the word misdemeanor and before the word

conviction; (b) deleting the word of following the word conviction and replacing it

with the words or an; and (c) deleting the words within 10 years of the date of the

application.

6. Section 6. Subpart C. 1. j, is hereby amended by deleting the

words within 10 years of the date of the application and is and by correcting the

word crimina at the end of the fifth line to read criminal.

7. Section 6. Subpart C. 1. k. is hereby amended by adding the words

as an applicant, principal, primary manager, official or key employee after the

words license or permit and before the words whether or not.

8. Section 6. Subpart C.1. n. is hereby amended by adding the

following language as a second sentence to the provision.
Amendment to Ordinance 94-02

Page 4

Pursuant to a Memorandum of Under

standing between the Tribe and the National

Indian Gaming Commission, tribal police

officers shall forward fingerprint cards directly

to the Commission.

9. In the first line of Section 6. Subpart C. 2. is hereby amended by

adding the phrase: , consistent with the Background Investigation provisions of the

Compact, as they may, from time to time, be amended, after the word

investigation and before the word sufficient.

10. Section 6. Subpart C.1. is hereby amended by adding the following

subsection 0:

o. The relevant financial records of the applicant for

the three (3) years preceding the application.

D. Section 6. Subpart E. 2. is hereby amended by adding the following

language after the 2. and before the beginning of the current provision: Pursuant

to the Procedure for Forwarding Applications and Reports provision of the Compact.

E. Section 6. Subpart E. 3. is hereby deleted in its entirety and replaced

with the following language:

The gaming operation shall not employ any person who

does not have a license after ninety (90) days.

SECTION 6: SAVING

The Ordinance is hereby ratified and confirmed in all other respects, and the

full force and effect of all of its provisions, to the extent they are not amended or

otherwise modified by this Amendment, are hereby reaffirmed.

SECTION 7: SEVERABILITY

In the event that any section or provision of this Amendment is not approved

or is made invalid, it is the intent of the Pueblo of Isleta that the remaining sections

and provisions of this Amendment shall continue in fall force and effect.
Amendment to Ordinance 94-02

Page 5

CERTIFICATION

I, the undersigned, as Governor of the Pueblo of Isleta, do hereby certify that

the foregoing FIRST AMENDMENT TO ORDINANCE 94-02: PERMITTED

GAMING was enacted at a duly called meeting of the Tribal Council of the Pueblo of

Isleta, held on the ~It~ay of March, 1995, at which a quorum was present, with U

voting for, ~opposing, and JL abstaining on said Amendment.

Alvino Lucero, Gove nor

_____

Lente, President

Secr tary cii)