Williarn IyalI 

Tribal Council CIlair 

Cowli tz Indian 

P.Q. Box 2547 

Longview, WA 9Sh32-8594 

Dmr Chair Fyall: 

Tlds hder constitutes approval of Wizlance So. 07-03, adaptccl Octobcr 6.2007, md 

submitted by the Cowlitz Indian TAbc ("the Tribe") fo thc Kational Indi,m Gaming 

Commission ("NIGC") on Octobcr X 7,2007. Brdirmce No. 07-03 is an amendment that 

revises Section 22 aithe Tribe's pxviousl y approvd gaming ordinance. as fol1ows: 

Section 22, Env4mnmmt and Public Health and Safety. 

(-41. Gaming Fxilitics shall bc constructed. maintain4 and operated in a manner 

that adequately protects thc environment and the public health and safety. 

(B) TIC Tribe's gaming facility in Clark Counly, UTashington, shall be governed 

hy Tribal Council Ordinance No. 07-02 "Environmental. Puhlic Health and Safety 

Pm-otectioru for the Constmcrion and Operation of the Cowlit;/: Indian I'ribc 

hniag Facility''. 

Thc Tribe's submission includes Tribal Council Ordinance No. 07-02 ('the EPHS 

ardinance"). The EPEiS ordinance embodics the Tribe's public health and safcty pmgmm 

for its proposed gmiilg facility and includes provisions for Iaur enforcement; fife 

protection and emergency response; public health; traffic and transportation; sewer and 

wzter; compliance wit11 County ordimes such as building/ wdcs, firc @ales, 

landscaping codes, and street standards; contributions to problem gambling progratns; 

and the establishment of an education and arts fund. 

The EPHS ordinance i~~cludes a waiver of the Tribe" ssovereigz~ irnmuini ty and the Tribc's 

consen1 ro he sued hy Clark C'oimty in state couft to demand specific pcrfomancc of the 

EPHS rcquiremeots therein. 'She EPHS ordinance deems this waiver of sovereign 

irnrnuni ty to hc imvacabIe. 

~FC EPHS ordinance also creates t11e position of Trihal Enforcement and Compliance 

Officcr CTECQ'') nrlla is ro CTI~O~CF the EPHS orifjnancc at thc tribal leirel. The TECO Is 

authorized 10 accept complaints from any person or entily alleging violations of the 

EPHS ordinance 2nd is further authorized to issue notices of violation and penalties or 

other approp~iatc sanctions against the gaming facility managcmcnt. 
Although the Ir?dim Gaming Resulalory Act ("IGR A") and the XIW's rcgularions 

mrltain no provisio~~s for puh1ic comment regarding tribal gaming o~dinmces, I rcceivcd 

opposition comments from the Confederated Tribes of the Grand Ronde Community of 

Oregon; the City of Vancouvm, Washington; two companies operating card rooms nea 

the C:owlitz Tribe's proposed trust acquisition; and several private jndividuals. Moa of 

the o:~posi tion comments wrgc rnc to disapprove the Tribck amendment because the 

conmenten believe that thc Cowfitl: Trihc is attempting to circurnvcnt public 

participation 15ghts found in the Washington Growth Management Act and the National 

Environmental Policy Act ("NEPA"). Many commentms also bdieve that m approval 

would not serve lhc Tribe's statcd purpose of ensuring that the EPHS odinmce measures 

will bc enforced. 

I an1 not pmuadrd by the opposition comrnmts to disapprove the CowIitz Tribe's 

amendment. kl y npvrovaI under 1GRA does not implicate any other state or Federal 

statute. Speciiically, my dccisian does not affcct the status of the Tribe-County 

rncmordndum of understanding under state law or the public's right lo participate in the 

analyses being conducted hy the fcrleral government undw NE?A. Furthermore, the 

issues concerning enforceability are not propmIy addrased hm. The Tribe is providing 

more with regard to EPHS cnfo~cemmi than is minimal1 q. required under IGRA. Even if 

there arc legal or pmcnical impedimrmas regarding such extra measures, szrch impediments 

are not grounds for disapyroval . Whether the Tribe's approvcd ordinance amendment 

also will serve a purpose undm NEPA is a separate fssuc that should be address& in the 

N E PA proccss. 

Consist~nt wit11 TGM, 25 U.S.C. $ 271 O(b)(2), and the NICC's regulations, 25 C.F.R. 

$ 522.4, I approve tribal gaming ordinances and ordinance amendments if thc 

submissions do not conflict ~ifh IGRA. the NIGC's regulations, or ocher redera1 law. in 

this case, nothing ir-1 the amendment conflicts with IGRA. the NIGC regulations, or 0thfcdcral law. In fact, the Tibe" smcndmcnt is consistent with the EPI-IS provision in 

IGRA 25 U.S.C. 3 27 10(bf(2f(E), md tlre EPHS pals of the NrllGC's pmposd facility 

licensing standards, JtRed. Reg. 59.044 (Oct. 1 8,2007). Therefore, the amendment is 

Ilereby approved. 

if you hv any qucstians,$caibr AtTomcg Jeffrey Nelson is assigned to this matter. 

I, 1 S~~CMC!~, ; .// 

' -- Philip Y. I Iagcn 

Chairman 

cc: Rob Grecnc, Confcdesalcd Tribes of the Gmnd Rondc Comrnun~ty of Oregon 

Stcvm G. Joncs, Marten Law Group. Counsel for City of Vancouvw 

Jcna rVacL.ean. Perkins Coie IAZ4P, Counscl for card room cnxnpanies 
~3, '. - , k &- COW!~*.~ Inniian Tribe h' ---- Tribal Council 

Ordinance No. 07- 03 

Short Title: Gaming Ordinance Amendment 

WHEREAS, the CowIitz Indian Tribe is Acknowledged as a Sovereign Inchan Nation by the United 

States Government; and 

WHEREAS, the Tribal Council is the governing body of the CowEtz Indian Tribe as autho5zed by 

the tribe's Constitution and By-laws; and 

WHEREAS, at a duly-called meeting of the Tribal Council on August 22,2005, the Tribal Council 

adopted Tribal Cound Ordmance No. 05-2, entitled "Gaming Ordmance," and 

WHEREAS, the Tribal Council wishes to Eufther amend the Tribe's gaming ordinance ta ensure 

&at mitigation measures which the Tribe committed itself to in its March 2004 Memorandum of 

Understanding @IOU) with Ckk County will be enforceable by Clark County regardless of any 

third party litigation challenpg the MOU; 

NOW THEREFORE BE IT ENACTED by the Tribal Council of the CowIitz Indian Tribe, that 

Section 22 of the Tribal Gaming Ordtnance is amended to read as follows: 

"Section 22, Environment and Public Health and Safety 

(A) Gaming facilities shall be constructed, maintaiaed and operated in a manner that 

adequately protects the environment and the public heaIth and safety. 

(B) The Tribe's gaming fadig k Clark County, Washmgton, shall be governed by Trihal 

Council Ordinance No. 07- 02 "Environmental, Public Health and Safety Protections for the 

Construction and Operation of the Cowlitz Ink Tribe Gaming Faulity."" 

--- CERTIFICATION --- -- /&d5 The foregoing ordtnance was adopted at a duly called meetmg 

of the Cowlitz Tribal Council by a vote of _/ 7 for, / - , against, and 8 abstaining. 

w@7i.c7-eb /LA, 

Nancy ~sb.~, Tribal Council Secretary 

P.O. Box 2547 * Longview, WA 98632-8594 . (360) 577-81 40 . Fax (360) 577-7432 . EMAIL cowFitft~ibe@cowlitz.org 
Tribal Council 0;: Ordinance No. 07-02 I 7 ,..,,. 

Shoa Tide: Environment, Public Health and Safety Protections for the 

Construction and Operation of the Cowlitz Indian I'ribe Gaming Facility 

WHEREAS, the Cowlitz Tndian Tribe is Acknowledged as a Sovereign Nation by the United States 

Government; and 

WHEREAS, the Cowljtj! Indian Tribe as a Sovereign Tribal Government has the abdity to cnter 

into agreements with other governments, including state and Jocal governments, in furtherance of a 

government-to-government relationship; and 

WHEREAS, the Tribal Council is the governing body of the Cowlitz In&an Tribe as authorixcd by 

the Tribe's Constitution and By-laws; and 

WHEREAS, thc Tribal Council wishes to ensure that the mitigation measures to whch the Coxvlit;! 

Indian Tribe committed itself in its March 2,2004 Memorandum of Understandtng with Chrk 

County, Washington YOU) are implemented and Fully enforceable by Clark County, regardless of 

whether the MOU is ultimately determined to be valid by a court of competent jurisdiction; and 

WHEREAS, the provisions in the following Environment, Public Hcalth and Safety Protection 

Ordinance are equivalent to the mitigation provisions contained in the MOU; and 

WHEREAS, the following Environment, Public Health and Safety Protection Ordinance provides 

for enforcement of such provisions through a waiver of the Cowlitz Indian Tribe's sovereign 

immunity for the limited purpose of allowing Clark County to instigate a suit against the 'Srlbe for 

specific performance which, by its own terms, is irrevocable for the life of the Tribe's proposed 

gaming development on the Tribe's trust land in Clark County, Washington; 

NOW THEREFORE BE IT ENACTED by the Tribal Council of the Cowlitz Indian Tribe, the 

folln~ving Ordinance entitled "Environment, Public Health and Safe9 Protections for the 

Construction and Operation of the Cowlitz Indian Tribe Gaming Facdity": 

Section I. A~plicabilitv 

The requirements of ths Ordinance apply specifically and only to thc consttuction 

and operation of the Cowlitz Tndian Tribe's gaming fauliq- in Clark County, 

Washmgron . 

Section 2. Limited Waiver of Sovereign Immunity/Choice of Law; 

Term of Effectiveness and Irrwocabilitv of Ordinance 
(A) Limited Waiver of Sovereign Immunity/Choice of Law: The Cowlitz 

Indian Tribe {the Tribe) hereby conscnts to suit awst it by Clark County, State 

of Washmgton (Clark County or the County), for the hted purpose of allowing 

Clark County to instigate an action pursuant to Washingtan state law for the 

specific performance of the environment, health and safety mitigation obligations 

to which the Cowlitz Indian Tribe has committed itself in this Ordmance. The 

County may bring such an action only after thc County has exhausted its 

administrative reme&es to obtain such specific performance pursuant to Section 

4 of this Ordmance. This hited waiver of sovereign immunity is hted to 

actions brought by Clark County in the state court system of the State of 

Washmgton, and shalI not be construed as extending to any other individuals, 

governmental entities or third parties. 

(B) Term of Effectiveness and Irrevocability: The Tribe shall not revoke or 

modify the waiver of sovereign immunity provision in subsection (A) of this 

Section, or the environment, health and safety mitigation protrisions in Section 3 

of &us Ordinance throughout the entire hfe of the Tribe's proposed gaming 

development on the Tribe's trust land in Clak County, Washington. The Tribe 

acknowledges that any effort to revoke or mod@ the waiver of sovereign 

immunity described above in subsection (A) by future tribal administrations 

during ths time period may itself be subject to an action by the County for 

specific perfomnce. 

Section 3. Environment. Health and Safetv Mitipation Provisions 

(A) Law Enforcement: 

(1) The Cowlitz Indian Tribe shall enter into a comprehensive agreement with Clark 

County governing law enforcement on the Tribe's trust land in Clark County. Such 

agreement shalI include at least the folEowing provisions: 

(a) The Tribe shall enter into an agreement to reimburse the Clark County 

Sheriffs Office for all reasonable direct and indtrect costs incurrcd in 

conjunction with the furrushing of law enforcement on thc Tribe's trust land 

in Clark County, to the extent that such costs are not otherwise covered by 

payments made by the Tribe pursuant to any Class TI1 tribd-state gaming 

compact entered into between the Tribe and the State pursuant to the federal 

Inhan Gaming Regulatory Act PGRA), includmg payments rcquired by 

Impact Mitigation Fund provisions. 

(b) The Tribc shall make the reimbursement agreed upon by the Tribe and 

the Clark County Sheriff's Office as described in Subsection (A)(l){a}, and 

shalI make annual adjustments thereto as agreed by the Tribe and the 

Sheriffs Office based upon: 

(i) actual costs of the prior year's calls for service or estimates for thc fust 

year's service; 

(5) a future work load analysis based on historic calls fox senrice relatcd 

directly or indirectly from the use of the Tribe's trust land; 

(iii) indirect calls stemming from the use of the Tribe's trust land; 
(iv) development and expansion of a casino security force and its impact on 

the level of law enforcement required to be provided by the Sheriff; and 

(v) any proposed changes or expansion of use of the Tribe's teust land 

contemplated for the upcoming year. 

(c) The Tribe consents to the entry of Clark County Sherriff's officers onto 

the Tribe's trust land and into any structures thereon for the purposes of 

providmg law enforcement services. 

(dl) Tf the Tribe creates a tribal security force, the Tribe will invite CIark 

County to assist the Tribe with the cross training required to provide a 

smooth and effective working relationship. The Tribe will invite the SberifFs 

Office to review written policies and pdehes for Tribal security personnel 

as well as expectations for Tribal security offices to interface effectively and 

smoothly with the Shehff s Office. 

(2) If the Tribe and the County or the Sheriffs Office are unable to reach 

agreement regarding the provision of Iaw enforcement services for the Tribe's trust 

lands, as described above in Subsection (A)(l), the Tabe d esbblish its own Tribal 

law enforcement services, which will provide law enforcement services for the 

Tribe" sst land consistent with the Iwels of service anticipated to be provided by 

the Clark County Sheriffs Office. 

(B) Prosecution of Criminal Violations, Court and Jail Services: 

(1) The Cowlit;: Indian Tribe shall allow the Clark County Prosecuting Attorney's 

Office to conduct all prosecutions in state court of individuals for violations of the 

Iaw on the Tribe's trust land for whch the State or County has jurisdiction, without 

regard to whether the charges are Ned against Indians (including Tribal members), or 

non-Indians, und and unless the Tribe establishes a tribal court system. The Tribe 

recognizes that prosecutoriaI discretion and strategy shall be exclusively wihn the 

discretion of the Clark County Prosecutkg Attorney's Office. If and when the Tribe 

establishes a tribal court system, the Cowlib tribal courts shall exercise jurisdiction 

over Indians for violations of law on the Tribe's trust lands, in accordance with 

federal or tribal law. 

(2) The Tribe shalI enter into an agreement with the Clark County Prosecuting 

Attorney's Office regarding payment for presecution of misdemeanor crimes 

committed on the Tribe's trust hd, to the extent that such costs are not otherwise 

covered by payments made by the Tribe pursuant to any Class 111 tribal-shte gaming 

compact entered into between the Tribe and the State pussuant to IGRA, incluhg 

payments required by Impact Miwtion Fund provisions. 

(3) The Tribe shall enter into an agreement with Clark County substantially sirnitar 

to the existing interlocal agreements between the County and the Citics, to the extent 

not prohibited by federal law, to compensate the County for the cost of jail. beds, 

cow-related and corrections progams, and costs per case for processing cases 

through Clark County District Court, to the extent that such costs are not otherwise 

covered by payments made by the Tribe pursuant to any Class 111 tribal-state gaming 
compact entered into between the Tribe and the State pursuant to I GRA, includmg 

payments required by Impact Mitigation Fund provisions. 

(C) Fire Protection and Emergency Response: 

(1) The Cowlitz Indian Tribe shall compensate Clark County Fire District 12 for tl~e 

provision of fire and emergency response services to the Tribe's trust lands, as set 

out kt a separate agreement between the Tribe and Fire District 12, to the extent that 

such costs are not otherwise covered by payments made by the Tribe pursuant to any 

Class III tribal-state gming compact entered into between the Tribe and the State 

pursuant to IGRA, inclubg payments required by Impact Mitiption Fund 

provisions. Should Fire District 12 establish a Local Improvement District or 

mitigation fees in the future as a means to securc funding for additional. equipment 

or fife services, the Tribe ~111 participate in the same manner as other developers or 

persons owning property in the area. 

(2) TE the Tribe and Clark County Fire District 12 are unabIe to reach agreement 

regardmg compensation for fire and emergency response services to the Tribc's trust 

lands, the Tribe shall establish its own Tribal fire and emergency response services, 

which will provide he and emergency response services to the Tribe's trust land 

consistent with the levels of service anticipated to be provided by Clark County Fire 

District 12. Should the Tribe establish such Tribal fire and emergency response 

services, it will no longer have any obligation to protide compensation or funding 

for Fire District 12 under Subsection (C) (1). 

(D) Public Health: 

(1) The Cowlitz. Tndmn Tribe shall comply with all health regulations adopted by the 

State of Washrngton and Clwk County. 

(2) The Tribe shall allow State or Clark County health inspectors access to the 

Tribe's trust land and structures thereon to ensure compliance with all state and local 

health regulations. 

(JZ) Traffic and Transportation: 

(1) The Cowlib Indian Tribe shall mitigate traffic, safety, and ckcuIation issues in 

conformity with Clark County requirements. The Tribe will make roadway and 

intersection improvements to maintain traffic leveIs-of-service, existing prior to each 

phase of development. The Tribe shall ensure that in no event wdl it cause thc 

public xoad system to operate below a lwel-of-service (lAQS) D for intersection delay 

during the peak traffic hour. LOS D standards shall be determined based on the 

most recently adopted version of the Highway Capacity Manual [rrmsportation 

Research Board). 

(2) The public road system shall include NW 319'~ Street, NW 324'' Street, NW 41" 

Avenue, NW 31"' Avenue, and the 1-5/319'~ street Interchange. The Tribe shall 

submit the design of public roadway and intersection improvements to Clark County 

for approval prior to beginning the improvement work. The Tribe shall submit the 
design of the NW 3 1 gth Street hterchange improvements for approval by the 

Washmgton State Department of Transportation prior to beginning the 

improvement work. 

(3) The Tribe shall pay for all reasonable and negotiated costs, expenses or charges 

associated with the alteration, construction or improvement of the public read 

system set forth in Subsections @)(I) and (21, to the extent that such costs are not 

otherwise covered by papents made by the Tribe pursuant to any CIass 111 tribalstate gaming compact entered into between the Tribe and the Statc pursuant to 

IGRA, including papents required by -act Mrtigation Fund provisions. 

(4) The Tribe shaU make all reasonable efforts to work with the County to ensure 

that the so-called "late-comery' provisions as provided for at RCW tj 35.72.040 will 

be applicd to the Tribe's casino development, so that the Tribe can reccive 

contribution or reimbursement for improvements as otherwise wodd be permitted 

under state law. 

(I?) Sewer and Water: 

(1) The Cowlitz Indian Tribe shall provide sewage conveyance, treatment and 

disposal through development of a new independent sewage treatment plant 

consmcted by the Tribe on its Clark County trust lands, or through a sewer seMcc 

agreement with a local government, or through other means as the Tribc my deem 

necessary and appropriate. In any case, the sewage conveyance, treatment and 

dsposal shall be conducted so as to meet or exceed applicable federal and state 

standards. 

(2) The Tribe shall allow no public use of the proposed development und such 

he as the sewer service is fully compliant with applicable Statc of Washington and 

federal standards. 

(3) The Tribe shall provide for water supply thxough Claxk Public Utilities. 

(G) Compliance with Clark County Ordinances: 

(1) The Cowlitz Indian Tribe shall develop its CEark County teust land and any 

structures and uses of the property in a manner consistent with the CIark County 

codes as they existed at the iime the MOU was executed by the Tribe (and as set 

forth in Appendx C of the MOZT), which are hereb~r incorporated by reference into 

this Section as Ehbit 1. Any future changes, additions or modifications in the use 

or development of the parcel shall be consistent with such County ordinances. 

(2) Any bddings constructed on the Tribe's trust land shall be consteucted in a 

manner which is consistent with the applicaSIe provisions of the attached Clark 

County btlllding codes and ordinances in Exhibit 1. 

(3) The Tribe shall request that Clark County assist the Tribe in implementing the 

aforesaid budding standards by promptly conducting plan checks of all documents 

submitted to the County, on a priority basis if necessary, and assigning a building 
inspector to conduct inspections on a timely basis. If the County provides such 

services, the Trihe shall pay the County reasonable fees for any such services as shall 

be agreed upon by the County and the Tribe. 

(HI Impacts on Clark County Revenues: 

(1) Payments in Lieu of Taxes. The Tribe shall compensate the County and local 

districts on a biannual basis in lieu of property taxes for revenue lost resulting from 

the removal of the Tribe's trust land from the tax rolls consistent with the customary 

assessment procedures used by the Clark County Assessor and the State 

Constitution, to the extent not otherwise specifically provided for in any Chss I11 

mbal-stz~te gaming compact entered into between the Tribe and the State pursuant to 

IGRA, inc~u~g pavents from any Impact Wtigation Fund. 

(2) Sales Tax. Based on the Tribe's understanding that sales tax collected with 

Chrk County is based on a blended tax rate incorporating both State and Comty 

sales taxes, the Tribe shall collect sales tax as appropriate on d non-Indran sales 

which take place on the Tribe's trust land in business enterprises owned and 

operated by the Tribe. The rate of collection shall be in conformance with the 

applicable State-Counq blended tax rate as provided by the Washington Department 

of Revenue. The Tribe agrees to remit such sales tax to the State of Washngton as 

required by state law. 

(3) Transient Occupancy Tax. The Tribe shall make an annual payment of the 

equivalent of a transient occupancy tax as wodd be payable by non-tribal members 

to the County pursuant to Clark County Code 3.16 but for the Tribe's status as a 

sovereign nation. 

(1) The Cowlitz Indian Tribe shall make a contribution of not Iess than $50,000 to a 

progrRm designated by Clark County whrch deals with and treats problems 

associated with compulsive behavior includmg compulsivc gambhg, and whch 

expends the money to address problem gambling issues. Payments shall hc annually 

increased or decreased coincident with the then-current consumer price index for the 

Portland Metropolim area. 

(2) The Tribe shxll review, and request that the Countv also review, such programs 

evexy five years. 

Education and Arts Fund: 

(1) Establishment. The Cowlib In& Tribe shall establish the Cowlitz Trihe 

Education and Arts Fund for the support of charimble ac~vities in Clark County, 

including arts, education and local government support. The Tribe shall commit two 

percent (2Yo) of the net revenues (as defined in 25 U.S.C. 2703(9)) from Class I11 

gaming on the Tribe's Clark County trust kinds. 
(2) Management/Grant Awards. The Fund shall be managed by a five-person 

Roard, comprised of two (23 tribal appointees and two (2) appointees of Clark 

County. If the County fails to appoint two members to the Roard the Tribe shall 

appoint such members. The fifth member of the Board shall be selected by the four 

other Board members. The Board d promulgate both standards for application 

and application foms to be made available to all prospective applicant groups for 

grants from the Fund. Grant awards shaU be made biannually and such award 

decisions will be made at the Board's discretion. 

(3) Impact Itiption Pavments. Ths Fund shall be separate from, and in addition 

to any impact mitigation payments provided for in any Class 111 tribal-state gaming 

compact entered into between the Tribe 2nd the State pursuant to IGRA, and 

monies paid to the Education and Arts Fund shall not be used as a credtt against 

state-tribal impact mitigation contribution requirements. 

Section 4. Irnpkmentation. Enforcement and Corn~liance 

(A) Creation and Maintenance of Tribal Enforcement and Compliance 

Officer (TECO) Position: Within a reasonable period of time after the Tribe's 

Clark County land is taken into trust, and in any event before any gaming facility 

construction commences on the Tribe's Clark County trust land, the Tribal Council 

shall appoint a Tribal Enforcement and Compliance Officer (TECO). At no time 

after commencement of construction or operation of the Tribe" gaming facility will 

the Tribe allow the TECO position to remain unoccupied for more than one month, 

although temporary appointments may be made. 

(B) Duties: 

(1) The TECO shall be responsible for ensuring the proper and timely 

implementation of and compliance with this Environment, Public Health and Safety 

Protection Odnance. The TECO d be responsible for accepting cornpIaints 

alleging violations of this Orchance, whether the complaint arises from the Tribal 

Council, a tribal member, a pawon, a local government instrumentality, the federal 

government, or any other person or entity. The TECO shall also serve as the main 

point uf contact for Clark County with respect to the proper implementation and 

enforcement of the provisions of this Ordznance, and as the main point of contact 

for the federal government with respect to enforcement of the provisions of his 

Ordinance. 

(2) The TECO may assume such ocher reIated duties as may be deemed necessary 

by the Tribal Council and assigned by the Tribal Council pursuant to future tribal 

ordinances. 

(C) Enforcement: 

(1) The TECO will, work with the Tribe's gaming fadty management to address 

alleged or proven violations of hs Orchance. 
(2) If the TECO determines that there has been a violation of ths Ordinance, and 

further determines that the Tribe's gaming facility management has failed to cure the 

violation in a reasonable manner or in a reasonable time period, the TECO may issue 

a notice of violation to the pining fadty management. If the TECO deternines 

that the gaming fachty management has not cured or made substantial progress in 

curing the violation wih the timc period specified in the notice, the TECO may 

impose a penalty or other appropriate sanction. 

(3) Annual Report. No lxter than January 31" of each calendar year, the TECO shall 

prepare a report on the status and implementation of the foregoing provisions of th~s 

Ordinance. Such report shall be submitted to the Tribal Gaming Commission and 

the Tribal Council no later than January 31" of each calendar year. Copies of such 

report shall also be provided to the NIGC NEPAIEPHS Compliance Officer and 

the BM Northwest Regtonal Office. 

(D) Procedures: No later than sixty days after appointment of the fxst TECO, the 

TECO will est~blish and submit to the Tribal Council for approval written 

procedures that will govern: 

(1) Tn what manner a person or entity may submit a complaint about an alleged 

violation of this Ordinance; 

(2) The process by whch the TECO will investigate the allegation of che alleged 

violation; 

(3) Thc process by which the TECO d alert the Tribe's gaming fad17 

management of the alleged violation; 

(4) The process by which the TECO 4 issue notices of viola~on, and determine 

and impose appropriate penalties and sanctions. 

Such procedures shall not be effective und approved in writing by the Tribal 

Council. The Tribal Council must make a determination whether to approve the 

procedures within no more than 45 days of submission. 

--- CERTIFICATION --- 

The foregoing ordtnance was adopted &>b$>d L d7 . ~fl ' /,<7 , at a duly callcd meeting 

of thc Coylitz Tribal Council by a vote of / 3 for, C- , apinst, and 6 abstaining.