April 24, 2009 

Thomas Hehir, Executive Director 

Augustine Gaming Commission 

P.O. Box 846 

Coachella, CA 92236 

Re: Request for Approval of Amendments to the 

Augustine Band of Cahuilla Indians Gaming Ordinance 

Dear Mr. Hehir: 

This letter responds to your request, on behalf of Tribal Chairperson Mary Ann Green, to the 

National Indian Gaming Commission (''NIGC") to review and approve the amendments to the 

tribal gaming ordinance of the Augustine Band of Cahuilla Indians ("Tribe"). On March 3, 2009, 

the Tribe forwarded the amendments to the ordinance by Resolutions No. 09.01, No. 08 .02 No. 

07.11, and o. 07.10. The NIGC received the amendments on March 5, 2009. 

The amended ordinance is consistent with the requirements of the Indian Gaming Regulatory Act 

and the NIGC's regulations, and it is therefore approved. In the future, please be advised that 

NIGC regulations require that amendments to an ordinance must be submitted to the NIGC 

Chairman for approval within 15 days of adoption of a resolution amending said ordinance. 

Thank you for your submission. If you have any questions or require assistance, please contact 

Armando osta-in, e Office of the General Counsel at 202-632-7003. 

cc: Mary Ann Green, Chairperson 

Augustine Band of Cahuilla Indians 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632-7066 www.NIGC .GOV 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix. Al. ; St. Paul. M N; Tulsa, OK 
AUGUSTINE BAND OF CAHUILLA INDIANS 

P.O. Box 846 • Coachella, CA 92236 • (760) 369-7 171 

Tribal Council Fax (760) 369-7161 Tribal Administration fax (760) 369-9061 

Tribal Chairperson: MaryAnn Green 

••• ..... ........ • . • 

I 1 11 , , , i 11 I ..... ; ....... :. i1•1,,1111ill I 

'

11h:m•••i>mlip Hogen, Chairman 

National Indian Gaming Commission 

1441 L Street NW, Suite 9100 

Washington, D C 20005 

March 3, 2009 

Dear Chairman Hogen: 

The Augustine Band of Cahuilla Indians is submitting for your approval four ( 4) 

Resolutions, signed by the Tribal Chairperson, Mary Ann Green, amending five (5) 

sections of the Tribal's Gaming Ordinance entitled "The Code of Laws of the Augustine 

Band of Cahuilla Indians-Title N Gaming". 

Resolution No. 09.01 Gaming Code Section 914 "License Suspension and Revocation" 

has been amended to specify with clarity that any employee who has their license 

suspended wherein it is the intention of the Gaming Commission to revoke their license 

has a right to a hearing. Subsections (a), (b), and (f) have been amended to be 

consistent with the employee's right to have hearing regarding the revocation of their 

license. Because we have found that it is not practical to schedule a hearing within ten 

(10) days of the original date of license suspension Subsection (e) has been amended to 

provide thirty (30) days. 

Resolution No. 08.02 Gaming Code Section 406 "Qualifications" has been amended to 

provide Tribal members greater flexibility and opportunity for employment and 

participation in the Tribal Gaming Agency. Subsection (c) has been amended by adding 

the words "Unless a Tribal Member" to the beginning of the first sentence. 

Resolution No. 07.1 lGarning Code Section 404 "Terms" has been amended to decrease 

the length of service of a commissioner from three (3) years to two (2) years. The length 

of service for the Commission Chairperson remains three (3) years. The Last paragraph in 

Gaming Code Section 404 is amended to read, "Thereafter all terms for commissioners 

shall be two years and the term of the chairperson shall be three years. If a vacancy 

occurs during a term, the Council may appoint a successor for the unexpired portion of 

the term". · . , '- • . j 

"J . ·• 

I 

• • 1 ... 

. \ 

\ ;·- ·-- ,.I'\ •• 

-.. ..... -
Resolution No. 07.10 Gaming Code Sections 401 "Establishment of Augustine Band 

Gaming Commission" and 409 "Meetings" have been amended to provide the Gaming 

Commission more flexibility in the makeup of the Commission and meeting frequency. 

Section 40 I has been amended to read, " ... consisting of a Commission Chairperson and 

up to four other members"'. Section 409 ''Meetings" has been amended to read, "The 

Commission shall meet as scheduled to fulfill its duties and obligations under this Code, 

but in no event less frequently than once per quarter". 

Thank you for your assistance and if you have any questions please have your staff 

contact me at (760) 398-2531. 

Sincerely yours, 

Thomas 

~~ Hehir, Executive Director 

Augustine Gaming Commission 
AUGUSTINE BAND O F CAHUILLA INDIANS 

P.O. Box 846 • Coachella, CA 92236 • (760) 369-7171 

Tribal Council Fax (760) 369-7161 Tribal Administration fax (760) 369-9061 

Tribal Chairperson: MaryAnn Green 

RESOLUTION NO. 07.10 

GAMING CODE 

WHEREAS: The Augustine Band of Cahuilla Mission Indians (the Band) is a 

federally recognized Indian Tribe recognized by the United States 

Secretary of the Interior as having jurisdiction over Indian Lands in 

California which are eligib1e for gaming under the Indian Gaming 

Regulatory Act, 25 U.S.C. § 2701 et seq. (IGRA); and 

WHEREAS: The Tribal Council is the governing body of the Band pursuant to 

Tribal law, having all the legislative powers and responsibilities of 

the Tribal Government; and 

WHEREAS: The Council finds that operation of bingo and other games of 

chance is a valid means of promoting economic development and 

the health and welfare of Band citizens; and 

WHEREAS: The Council finds that because of the particularly sensitive nature 

of gaming, it must be subject to strict regulation; and 

WHEREAS: In order to engage in Class II or Class Ill gaming, the governing 

body of a tribe must adopt a gaming ordinance and have the 

gaming ordinance approved by the Chairman of the National 

Indian Gaming Commission (NIGC), pursuant to IGRA; and 

WHEREAS: The Tribal Council Previously adopted a Gaming Code as Title IV 

of the Laws of the Augustine Band of Mission Indians to authorize 

and regulate gaming on the Augustine Reservation to reflect 

changes in the Band's gaming development plans and the Gaming 

Compact the Band has executed with the State of California, 

through Governor Davis, and that has been approved by the 

Department of Interior as required by IGRA; and 
Page2 

Resolution No. 07.10 

NOW, THEREFORE BE IT RESOLVED: That the Band, acting through its 

Tribal Council, hereby adopts the attached Amendments to Section 401 

"Establishment of Augustine Band Gaming Commission" and Section 409 

"Meetings" of the Laws of the Augustine Band of Cahuilla Mission Indians Title 

IV -Gaming to authorize license and regulate gaming on the Augustine 

Reservation. 

BE IT FINALLY RESOLVED: That the current approved Sections 401 and 409 

of Title IV of the Laws of the Augustine Band of Cahuilla Mission Indians be 

deleted and replaced with the following: 

"Section 401 Establishment of Augustine Band Gaming Commission 

There is hereby established the Augustine Band of Cahuilla Indians 

Gaming Coin.mission ("Commission"), an agency of the Band, consisting 

of a Commission Chairperson and up to four other members. 

Sec_tion 409 Meetings The Commission shall meet as scheduled to fulfill 

its duties and obligations under this Code, but in no event less frequently 

than once per quarter. Meetings may be called by the Chairperson of the 

Commission, or by any two members of the Commission, upon at least 

three days written notice to all members. If the Chairperson of the 

Commission or any two members certify in writing that a meeting must be 

held on less than three days notice, a meeting may be held as necessary, 

provided that best efforts must be made to provide the Chairperson and all 

members with as much advance notice of such meeting as possible. A 

majority of the number of Commission members seated shall constitute a 

quorum for the transaction of business. If only three Commission 

members are seated, all three members shall be in attendance at meetings 

at which the Commission holds hearings. The vote of a majority of the 

members present at a meeting at which a quorum is present shall be the act 

of the Commission." 

CERTIFICATION 

It is hereby certified that at a notice meeting of the surviving half-blood 

descendant members of the Augustine Band of Mission Indians held July 24, 

2007, a vote was cast as follows: l for, 0 against, 0 abstaining. 

n 
AUGUSTINE BAND OF CAHUILLA INDIANS 

P.O. Box 846 • Coachella, CA 92236 • (760) 369-7171 

Thibal Council Fax (760) 369-7161 Tribal Administration Fax (760) 369-9061 

Tribal Chairperson: MaryAnn Green 

RESOLUTION NO. 07.11 

GAMING CODE ... . 

~ 

..::{)(j() 

WHEREAS: The Augustine Band of Cahuilla Mission Indians (the Band) is 

a federally recognized Indian tribe recognized by the United States Secretary 

of the Interior as having jurisdiction over Indian Lands in California which are 

eligible for gaming under the Indian Gaming Regulatory Act, 25 U.S.C. 2701 

et seq. (IGRA); and 

WHEREAS: The Tribal Council is the governing body of the Band pursuant 

to Tn"bal law, having all the legislative powers and responsibilities of the 

Tribal Government: and 

WHEREAS: The Council fmds that operation of bingo and other games of 

chance is a valid means of promoting economic development and the health 

and welfare of Band citizens; and 

WHEREAS: 1he Council finds that because of the particularly sensitive 

nature of gaming, it must be subject to strict regulation; and 

WHEREAS: In order to engage in Class Il or Class ill gaming, the governing 

body of a tribe must adopt a gaming ordinance and have the ordinance 

approved }?y the Chairman of the National Indian Gaming Commission 

(NIGC), pursuant to IGRA; and 

WHEREAS: The Tribal Council previously adopted a Gaming Code as Title 

IV of the Laws of the Augustine Band of Cahuilla Mission Indians to 

authorize and regulate gaming on the Augustine Reservation to reflect changes 

in the Band•s gaming development plans and the Gaming Compact the Band 

bas executed with the State of California, through Governor Davis, and that 

has been approved by the Department of htterior as required by IGRA; and 

NOW, THEREFORE BE IT RESOLVED: That the Band, acting through 

its Tribal Council, hereby adopts the attached Amendment to Section 404 ~ 

Commissioner •'Terms" of the Laws of the Augustine Band ofCahuilla 

Mission Indians Title IV-Gaming to authorize license and regulate gaming on 

the Augustine Reservation. 
) 

Page2 

Resolution No. 07 .11 

BE IT FINALLY RESOLVED: That the current approved Section 404 of 

Title IV of the Laws of the Augustine Band of Cahuilla Mission Indians be 

deleted and replaced with the following: 

The initial members of the Commission shall serve as follows: . . . 

; . ·.' -~ -:-: :·:. 

Two ni~~bers shall serve an initial tw~-year term. ca,~J~>. 

(b) Twa, .members shall serve an initial o~year tenn. 

(c) f the €ommission ~Il serve an initial threeyear tenn. ~ . .. }{., 

·~~t~,~~y 

. IllIIllSSioners shill be two years and the term for 

chairperson shall be ~~~-"y~s.. ii a vacancy occurs during a term, the 

Council may appoint a successor for the unexpired portion of the term." 

CERTIFICATION 

It is hereby certified that at a noticed meeting of the surviving half-blood descendant members of 

the Augustine Band of Mission Indians held the June 21, 2007, a vote was cast as follows: 1 for, 

JL against, _Q_ abstaining. · 
AUGUSTINE BAND OF CAHUILLA INDIANS . P.O. Box 846 • Coachella, CA 92236 • (760) 369-7171 

Tribal Council fax (760) 369-7161 Tribal Administration Fax (760) 369-9061 

Tribal Chairperson: MaryAnn Green 

AUGUSTINE BAND OF CAHUILLA INDIANS 

TRIBAL COUNCIL 

Resolution No. 08.02 

Gaming Code Section 406 Qualifications 

WHEREAS, the Augustine Band of Cahuilla Indians (the Tribe) is a federally recognized Indian 

sovereign recognized by the United States Secretary of the Interior as having governance and 

jurisdiction over Indian Lands in California which are eligible for gaming under the Indian 

Gaming Regulatory Act, 25 U.S.C. 2701 et seq. (IGRA); and 

WHEREAS, the Tribal Council (the Council) is the governing body of the Tribe pursuant to its 

law, possessing all the powers and responsibilities of the Tribe's Government and · 

WHEREAS, the Council finds that operation of bingo and other games of chance is a valid 

) means of promoting economic development and the health and welfare of Tribal members; and 

) 

WHEREAS, the Council finds that because of the particularly sensitive nature of gaming, it must 

be subject to IGRA and the Tribe's regulation; and 

WHEREAS, in order to engage in Class II or Class III gaming, the governing body of a 

federally recognized Indian sovereign must adopt a gaming ordinance and have the ordinance 

approved by the Chairman of the National Indian Gaming Commission (NIGC), pursuant to 

IGRA; and 

WHEREAS, the Tribal Council has adopted a Gaming Code as Title IV of the Laws of the 

Augustine Band of Cahuilla Indians that authorizes and regulates gaming on the Augustine 

Reservation and that Gaming Code governs the Tribe's gaming development and incorporates 

the Gaming Compact the Tribe has executed with the State of California that has been approved 

by the Department of Interior as required by IGRA; and 

NOW, THEREFORE BE IT RESOLVED that the Tribe, acting through its Tnoal Council, 

hereby adopts the Amendment to Section 406 Commissioner "Qualifications" of the Laws of the 

Augustine Band of Cahuilla Indians Trtle IV-Gaming to authorize, license and regulate gaming 

on the Augustine Reservation, as denoted below. 
) 

) 

Page2 

Resolution No. 08.02 

BE IT FINALLY RESOLVED, that Section 406 of Title IV of the La'ws of the Augustine 

Band of Cahuilla Indians is revoked and replaced with the following: 

Section 406 iiaji!_ications . ,_.·.;i;;~~°l~»--. 

To be eligible to serve as Chairperson of the Commission, member of the 

Commission, or staff of the Commission, a person shall: .. .· · 

(a) Be of hfgt·'.znoral c~t~ and. reputatl~n to promo~ ~~hc confidence in 

gaming Ey ~e Tribe';' ·· ·· 

(b) Have sufficient education and worlc experlence fu 1'C--able to fulfill the 

functions ofth~··co:mmission; ffi .. y_ ·;,;> 

>.?. , ,. '" "*"- $.'~ '; 

. .- --·~ 

(c) Unless a Tri ~at¥~in any gaming operated 

under the Code. A ~iaFStaK:l"in any gaming operated under 

the Code" if that persoll,.. rson's spouse, brother, sister, mother, 

father, son, daughter, grandmother, grandfather, grandson, granddaughter or 

first cousin has invested in, has a direct or indirect financial interest in, has a 

management contract ln, or has any other pecuniary interest whatever in 

gaming operated under this Code. Citizenship in the Tribe does not, in itself: 

create a "financial stake in any gaming operated under this Code". 

Employment at a licensed gaming facility of the Tribe, other than as a primary 

management officia4 by a person's spouse, brother, sister, mother, father, son, 

daughter, grandmother, grandfather, grandson, granddaughter or first cousin 

does not create in such person a ''financial stake in any gaming operated under 

this Code"; 

( d) Not be employed at or participate as a player in any gaming facility on the 

Augustine Reservation during the time such person is serving as Chairperson 

of the Commissio~ member of the Commission, or staff of the Commission; 

( e) Never have been convicted of any tribal, federal or state felony, or any crime 

or civB case involving fraud, misrepresentation. moral turpitude or gambling; 

(f) Submit to a background investigation conducted by the Tribe or a third party 

on its behalf and meet the requirements applicable to a management 

contractor under IGRA; and 

(g) Not be delinquent on a debt to the Tribe, any agency of the Tribe, or 

corporation owned or controlled by the Tribe. 
) 

) 

J 

Page3 

Resolution No. 08.02 

CERTIFICATION 

I, the undersigned Tribal Chairperson of the Augustine Band of Cahuilla Indians do, 

hereby, certify that the foregoing Resolution was adopted by the Tribal Council by a vote 

of 1 in favor, 0 oppos~..and 0 abstaining on March 11, 2008 and that this resolution has • f.}i'"~if;,~ .;p,;., . 

not been rescinded or amendeO- many way. 
AUGUSTINE GAMING COMMISSION 

84-001 Avenue 54 • CoacheJla, CA 92236 • (760) 398-2531 • fax (760) 391-5094 

RESOLUTION NO. 09.01 GAMING CODE 

LICENSE SUSPENSION AND REVOCATION ~ 

~ ' ,j' 

WHEREAS: The Augustine Band of Cahuilla Indians (the Band) is a 

federally recognized Indian sovereign recognized by the United States 

Secretary of the Interior as having governance and jurisdiction over Indian 

Lands in California which are eligible for gaming under the Indian Gaming 

Regulatory Act, 25 U.S.C. 2701 et seq. (IGRA); and 

WHEREAS: The Tribal Council (the Council or Tribal Council) is the 

governing body of the Band pursuant to its law, possessing all the powers 

and responsibilities of the Band's Government: and 

WHEREAS: The Council finds that operation of bingo and other games of 

chance is a valid means of promoting economic development and the health 

and welfare of Band citizens; and 

WHEREAS: The Council finds that because of the particularly sensitive 

nature of gaming, it must be subject to IGRA and the Band's regulation; and 

WHEREAS: In order to engage in Class II or Class ID gaming, the governing 

body of a federally recognized Indian sovereign must adopt a gaming 

ordinance and have the ordinance approved by the Chairman of the National 

Indian Gaming Commission (NIGC), pursuant to IGRA; and 

WHEREAS: The Tribal Council has adopted a Gaming Code as Title IV of 

the Laws of the Augustine Band of Cahuilla Indians that authorizes and 

regulates gaming on the Augustine Reservation and that Gaming Code 

governs the Band's gaming development and incorporates the Gaming 

Compact the Band has execl!telf wit4 the State of California tl:!_a! has be~n 

approved by the Department of Interior as required by IGRA; and 

NOW, THEREFORE BE IT RESOLVED: That the Band, acting through 

its Tribal Council, hereby adopts the Amendment to Section 914 "License 

Suspension and Revocation" of the Laws of the Augustine Band of Cahuilla 

Indians Title IV-Gaming to authorize, license and regulate gaming on the 

Augustine Reservation, as denoted below. 
Page 2 

Resolution No. 09.01 

BE IT FINALLY RESOLVED: That Section 914 of Title IV of the Laws of the Augustine 

Band of Cahuilla Indians is revoked and replaced with the following: 

Section 914 License Suspension and Revocation 

(a) If after issuance of a permanent license under this chapter the Colll!llission determines that 

the continued licensing of the person or entity could constitute a threat to the public health or 

safety or that the licensee is unsuitable or otherwise unqualified for a gaming license, or the 

Commission receive~ from the NIGC or an appropriate law enforcement department reliable 

written inf onnation indicating that a key employee or a primary management official is not 

eligible for licen~ure, the Commission shall summarily suspend such license (;Uld shall notify in 

writing the licensee of the suspension and the proposed revocation, and the right to have a 

hearing on the proposed revocation of the license. 

(b) If after issuance of a_permanent license under tbi~ chapter the Con;unission receives notice 

that the State Ganllng Agency has detennined that a person would be unsuitable for licensure in a 

gaming establishment supject to the jurisdiction of the State Gaming Agency, the Commission 

shall suspend such license and notify the licensee in writing of th~ proposed revocation and the 

licensee's right to a hearing. The Commission may~ in its discretion, re-issue a license to the 

person following entry of a :finaljudgment reversing the determination of the State Gaming 

Agency in a proceeding in state court conducted pursuant to section 1085 of the California Civil 

Code. 

( c) The gaming operation shall not enter into, or continue to make payments pursuant to, any 

contract or agreement for the provision of gaming resources requiring state certification with any 

person whose application to the State Gaming Agency for a determination of suitability has been 

denied or has expired without renewal. Any agreement between the gaming operation and a 

gaming resource supplier shall be deemed to include a provision for its termination without 

further liability on the part of the gaming operation, exc~pt for bona fide repayment of all 

outstanding sums (exclusive of interest) owed as of, or payment for services or materials received 

up to, the date of termination, upon revocation or non-renewal of the gaming resource supplier's 

license by the Commission based on a determination of unsuitability by the State Gaming 

Agency. 

( d) The gaming operation or the Band shall not enter into, or continue to make payments 

pursuant to, any contract or agreement for class III gaming activity with any person whose 

application to the State Gaming Agency for a determination of suitability has been denied or 

expired without renewal. Any agreement between the gaming operation or the Band and a 

financial source providing financing for class ID gaming activity shall be deemed to include a 

provision for its termination without further liability on the part of the gaming operation or the 

Band, except for bona fide repayment of all outstanding sums (exclusive of interest) owed as of 

the date of termination, upon revocation or non-renewal of the :financial source's license by the 

Commission based on a determination of unsuitability by the State Gaming Agency. 
Page 3 

Resolution No. 09.01 

( e) Upon suspension of the license under this section, the Conlmission shall notify the licensee in _ /. 

writing of the suspension and proposed revocation. Such suspen~ion shall not extend beyond 30 (/VI 1-..;fjfr 

days without a hearing, if a Q.earing has been requested. 

(f) Should the licensee request a hearing, the Commission shall notify the licensee of the time and 

place of the hearing. · At the hearing, the licensee shall have the right to be present, be represented 

by counsel at the licensee's own expense, to review all evidence before the Commission on the 

application, and to present additional oral or documentary evidence in suppo1t of the application. 

The decision of the Commission shall be in writing, and shall be rendered Within five business days 

of the conclusion of tlie hearing. · 

(g) After a revocation hearing, the Commission shall determine, based on· the evidence presented at 

the hearing, whether to revoke or reinstate the license. If the licensee continues to meet the 

standards of this chapter, the license shall be reinstated. If not, the license shall be revoked. The 

Commission shall notify th:€ NIGC of its decision. The decision of the Commission may be 

appealed to Tribal Court 

CERTIFICATION 

It is hereby certified that at a noticed meeting of the Tribal Council of the Augustine Band of 

Cahuilla Indians held JANuARY 27 a2009 , a vote was cast as follows: l for, _Q_ against, _Q 

abstaining.