VIA FACSIMILE AND 

FIRST CLASS MAIL 

December 22,20 1 0 

Mr. Ivan Smith, Tribal Chairman 

Tonto Apache Tribe 

Tonto Apache Reservation $30 

Payson, AZ 85541 

Fax: (928) 474-9 1 25 

RE: Gaming Ordinance amendment, approval 

Dear Chairman Smith: 

On September 30,20 10, the National Indian Gaming Commission received an 

amendment to the Tonto Apache Gaming Ordinance authorized by ResoIution No. 32- 

201 0. On November 22,201 0, the NIGC received a second amendment to the Gaming 

Ordinance authorized by Resolution No. 3 8-20 1 0. These amendments made three 

changes to the previously approved gaming ordinance. The first resolution extends the 

definition of key employee to include any employee designated a "gaming employee" and 

required to have a gaming license by the Tribal-State compact between the state of 

Arizona and the Tonto Apache Tribe. The second resolution amends the Privacy Act and 

false statement language found in the Gaming Ordinance and on background and 

licensing applications to comply with 25 C.F.R. 5 556.2-3. 

Based on my review, the ordinance is consistent with the requirements of the 

Indian Gaming Regulatory Act and NIGC' s regulations. Accordingly, it is hereby 

approved. If you have any questions, please feel free to contact Staff Attorney Heather 

McMilIan Nakai at (202) 632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

cc: Hubert Nanty, Executive Director, Tribal Gaming Office 

GIenn Feldman, Attorney 

NATIONAL HEADQUARTERS 141 L St NW, $u[tc 9100. LZ'ash~ngton. Dc 20005 Tc! 202 632 7003 Fax. 202 632 7066 WWW.h'lGE.GOV 

REGIONAL OFFICES Portland. OR. Sacrarnmto, CA. Phoen~x, AZ, St Paul, MN,Tulsa, OK 
Tonto Apache Reservation #30 

Payson, Arizona 85541 

Telephone: (928) 474-5000 

Fax: (928) 474-9 125 

RESOLUTION NO. 32-20 10 

OF THE GOVERNING BODY OF THE 

TONTO APACHE TRIBE 

(A Federally Recognized Indian Tribe) 

PAYSON, ARIZONA 

WHEREAS, the Tonto Apache Tribe (the "Tribe") is a federally recognized tribal 

government; and 

WHEREAS, under Article IV, Section 1 of the Tribe's Constitution, the Tonto Apache 

Tribal Council (the "Council") is the governing body of the Tribe; and 

WHEREAS, the Tribe now has in effect a Tonto Apache Tribal Gaming Ordinance that 

was adopted by the Council on January 23, 2008 and approved by the 

Chairman of the National Indian Gaming Commission ("'NXGC") on May 

19,2008; and 

WHEREAS, questions have arisen over the authority of he NIGC to process fingerprint 

cards and provide criminal history information regarding certain categories 

of proposed gaming employees; and 

WHEREAS, the Executive Director of the Tribal Gaming Commission of the Tonto 

Apache Tribe has now recommended that the Council adopt an amendment 

to the Tonto Apache Tribal Gaming Ordinance (the "Ordinance7') to resolve 

this issue and provide better and more effective regulation of tribal gaming 

activities; and 

WHEREAS, the Council has now determined that it is in the Tribe's best interest to adopt ~ht: 

amendment. 

NOW THEREFORE BE IT RESOLVED by the Tonto Apache Tribal Council that: 

I. Section 102 G) of the Ordinance is hereby amended to read as follows: 

(j) Key Employee means: 

(1) A person who performs one or more of the 

following flunctions: 
(A) Bingo caller; 

(B) Counting room supervisor 

(C) Chief of security 

(D) Custodian of gaming suppks or cash; 

(E) Floor manager; 

(F) Pit Boss; 

(G) Dealer; 

(H) Croupier; 

(I) Approver of credit; or 

(J) Custodian of gambling devices including 

persons with access to cash and accounting 

records within such devices. 

(2) If not otherwise included, any other person whose total 

cash compensation is in excess of $50,000 per year; 

(3) If not otherwise included, the four most highly 

compensated persons in the gaming operation; or 

(4) If not ofhenvise included. any Gaming Employee 

required to be licensed by the Tribal Gaming Office under Section 

4(b) of the Tribal-State Gaming Compact between the Tribe and the 

State of Arizona. 

2. The Tribal Chairperson shall take such actions as are necessary to obtain appsova! 

of the amendment by the Chairperson of the National Indian Gaming Commission. 

I, the undersigned, as Chairperson of the Tonto Apache Tribal Council, do hereby cc*ify 

that the Tribal Council of the Tonto Apache Tribe at Payson, Arizona, is composed of 

five (5) members of whom five (5) were present at a Regular meeting, held on this-92 

day of September, 2010, and that the foregoing Resolution was duly adopted by the 

afimative vote of five (5) members of the Tribal Council. 

Attested by: