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$42, as published or as revised by mutual agreement between the National
Indian Gaming Commission and the TRwenty-Nine Palms Band of Mission
Indians; and

2. Contain standards for currency transaction reporting that comply with 31 CFR
Part 103; and

3. Establish internal control standards for Class II and Class \II games that are
not addressed in the MICS, if any.

B. Annual CPA Testing of Compliance. In order to verify that the gaming operation is in
compliance with the internal control standards adopted pursuant to paragraph A, an
independent certified public accountant (CPA) shall be engaged annually to perform
“Agreed-Upon Procedures” in the manner provided for in 25 CFR 542.3(f).

Cc. Compliance. The tribal gaming regulatory authority and the NIGC shall monitor and
enforce compliance with the internal control standards adopted pursuant to paragraph
A in the manner provided for in 25 CFR 542.3(g). In addition, the National Indian
Gaming Commission shall, for the purpose of enforcing compliance with the internal
control standards, have the power to:

1. monitor all Class Ii and Class II gaming on a continuing basis;

2. inspect and examine all premises on which Class II or Class INI gaming is
conducted; and

3. demand access to and inspect, examine, photocopy, and audit all papers,
books, and records respecting gross revenues of all Class II and Class IIT
gaming or any other matters necessary to ensure and enforce compliance with
the MICS.

D. Enforcement. Any failure to adopt internal control standards pursuant to paragraph A,
to perform Agreed-Upon Procedures pursuant to paragraph B, to prevent or obstruct ~
the exercise of any of the Commission's powers under paragraph C, or to comply with
the internal control standards once adopted is a violation of this ordinance. The
Chairman of the National Indian Gaming Commission shall have the authority to
remedy violations of this ordinance under 25 U.S.C. 2713 and its implementing
regulations, and the Tribe shall have all rights and remedies available thereunder,”

R (CAT

I, the undersigned Secretary of the Twenty-Nine Palms Band of Mission Indians General Council


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WHEREAS, in light of the October 2006 Colorado Indian Tribe decision (“CRIT”
decision) of the United States Circuit Court, District of Columbia, calling into question the
validity of Minimum Internal Control Standards (“MICS”) promulgated and enforced by the
NIGC which have governed the gaming operations of the Tribe since adoption of its Gaming
Ordinance, as amended, the Tribe has concluded that, in the best interests of its gaming
operations, protecting tribal assets and enhancing and preserving the integrity of the games
being offered to the public, continued compliance with the MICS and the authority of the NIGC
related to said MICS is necessary and appropriate; and

WHEREAS, the Tribe hereby wishes to confirm its intentions hereunder by adopting a
specific amendment to its Gaming Ordinance under the authority of IGRA and tribal law
concerning the MICS regulations as set forth below; and

WHEREAS, under its Class II] Gaming Compact with the State of California, in
particular, Modification No. 2, Section 8.4.1(e) thereof, the Tribe, pursuant to tribal law and the
provisions of IGRA (25 U.S.C. § 2710 (d)(1)(A) (i) and (iii)] hereby clarifies that the authority to
regulate the Tribe’s gaming operations; in particular, adoption and compliance with the MICS, is
a matter of the sovereign to sovereign governmental relationship between the Tribe and the
federal government (NIGC); and

WHEREAS, the General Council of the Tribe is the duly-authorized governing body of
the Tribe and is empowered by the articles of association of the Tribe and tribal law to enact this
amendment to its approved tribal gaming activity ordinance, and

WHEREAS, to best promote and assure the continued integrity of the gaming activities
upon its reservation lands as required by IGRA and the Compact the Tribe takes the actions
described below to amend its Gaming Ordinance regarding the internal control standards
governing its gaming operations and related authority of the Tribe and the NIGC;

ACCORDINGLY, the Tribe hereby adopts the following amendment to its tribal
gaming ordinance and authorizes the tribal Chairman or his designee to submit such amendment
to the National Indian Gaming Commission for review:

“Minimum Internal Control Standards

(A) Applicable Standards. The Twenty-Nine Palms Gaming Commission shall comply
with 25 CFR Part 542 by formally adopting and making applicable to the tribe’s
gaming operation(s) internal control standards that:

(A) Provide a level of control that equals or exceeds those set forth in 25 CFR part


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certify that Resolution No. 120507 was adopted at a duly-noticed and conducted meeting of the
General Council on December 5, 2007 at which a quorum was present by a vote of _4_ for _0
against and _0Q__ abstaining.

ee Mike, Sots


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Via U.S. Mail and Facsimile . 5
JAN i 1 2008
Darrell Mike, Chairman

Twenty-Nine Palms Band of Mission Indians

555 South Sunrise, Suite 200

Palm Springs, CA 92264

Gary Kovall

Attorney at Law

74090 El Paseo, Suite 202
P.O. Box 3291

Palm Desert, CA 92261
Fax: (760) 773-0554

RE: Amendment to Twenty-Nine Palms Band of Mission Indians Gaming
Ordinance

Dear Chairman Mike and Mr. Kovall:

On December 12, 2007, Mr. Kovall on behalf of the Twenty-Nine Palms Band of
Mission Indians (Band) requested that the National Indian Gaming Commission (NIGC)
review and approve the Band’s amendment to the Twenty-Nine Palms Band of Mission
Indians Gaming Ordinance (Gaming Ordinance). The Band amended the Gaming
Ordinance on December 5, 2007, via Resolution No. 120507. In this amendment, the
Band clarified its compliance with NIGC Minimum Internal Control Standards (MICS)
for Class II and III gaming.

This letter constitutes approval of the amendment because nothing therein conflicts with
the requirements-ef the Tilian Gaming Regulatory Act (IGRA) and the Commission’s

endment for review and approval. If you have any
Attorney Rebecca Chapman at (202) 632-7003.

Chairman

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, OC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


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GARY E. KOVALL
Attorney At Law
December 12, 2007
Philip N. Hogan
Chairman
National Indian Gaming Commission Le
1441 L Street, NW 14
Suite 9100 ay

Washington, DC 2005

Re: Amendment to Twenty-Nine Palms Band of Mission Indians Gaming
Ordinance - “CRIT” MICS Regulation/Enforcement Modification

Dear Chairman Hogan:

On behalf of the Twenty-Nine Palms Band of Mission Indians and the Twenty-Nine Palms
Gaming Commission, and pursuant to IGRA (25 U.S.C. § 2710) and 25 CFR §522.3, I am hereby
submitting for your review and approval the enclosed amendment to the Tribe’s Gaming
Ordinance. The specific proposed amendment is contained within the Tribe’s duly-adopted
Resolution No. 120507 contained herein.

The purpose and intent of this amendment to the Ordinance is to maintain the “status quo”
between the Tribe and NIGC that has existed for 13 years+ regarding the validity of and the
Tribe's compliance with, Minimum Internal Control Standards promulgated and enforced by the
NIGC and which have govemed the Tribe’s Class I and Class I gaming operations. Because of
the uncertainty of the application of the so-called “CRIT” judicial decision to the Tribe’s gaming
operations, for both the protection of its assets and protection of the public, the Tribe felt that the
adopting the attached clarifying amendment pursuant to its sovereign powers of self-government,
has become necessary. Once approved by the NIGC pursuant to its valid and unquestioned
authority to approve gaming ordinances under IGRA, the Tribe is confident that its purposes in
adopting this amendment will have been satisfied.

Thank you for your attention to this matter and the assistance of NIGC staff in working
through the details,

xe:  Darréll Mike, Chairman
Joe Murillo, Executive Director, Twenty-Nine Palms Gaming Commission

74090- EL PASEO - SUITE 202 -P.O. BOX 3291
PALM DESERT, CALIFORNIA 92261
PHONE: (760) 773-0555 FACSIMILE: (760) 773-0854
CELL: (626) 233-1559 E-MAIL: KovallLangnoleom WEB FAX: (866) 896-2315


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RESOLUTION OF THE GENERAL COUNCIL
THE TWENTY-NINE PALMS BAND OF MISSION INDIANS
AMENDMENT TO THE GAMING ORDINANCE

RESOLUTION NO. 120507

WHEREAS, the Twenty-Nine Palms Band of Mission Indians (“Tribe”) is a federally-
recognized Indian tribe invested with powers of sovereign self-government;

WHEREAS, operation of class II and class II games of chance by the Tribe upon its
reservation lands is a valid and legal means of promoting tribal economic development, economic
self-sufficiency and the general health and welfare of the tribal members,

WHEREAS, that under the principles established by the United States Supreme Court in
California v. Cabazon Band of Mission Indians 480 U.S. 202 (1987), Indian tribes have the right
to offer and regulate gaming activity on Indian lands;

WHEREAS, the United States Congress, in response to the Cahazon decision, enacted
Public Law 100- 497 (25 U.S.C. § 2701 et seq.), commonly known as the Indian Gaming
Regulatory Act (“IGRA”) authorizing certain types of class II and class III gaming activities by
federally-recognized Indian tribes on lands within the jurisdiction of the Tribe;

WHEREAS, that the Tribe has entered into a Class II] Gaming Compact with the State
of California (“Compact”) which Compact has been duly authorized by the United States
Department of the Interior and which authorizes the Tribe to engage in class IJ gaming activities
arr to federal law on its reservation lands in accordance with the provisions of the Compact

IGRA; ;

WHEREAS, the tribal regulation of gaming activity on its reservation lands is vital to the
protection of the lands and the interests of the Tribe and its members;

WHEREAS, the Tribe duly enacted a tribal gaming activity ordinance to enable it to
Tegulate gaming activities on its lands in 1994, and amended in May of 2003 (Resolution No
050203) which ordinance and amendment were duly approved by the National Indian Gaming
Commission (“NIGC”) as required by IGRA, and which ordinance established a tribal gaming
commission known as the “Twenty-Nine Palms Gaming Commission” (“Commission”) and then
further modified the membership eligibility requirements for its Commissioners;

Us