Skokomish Indian Tribe

Tribal Center (360) 426-4232

N. 80 Tribal Center Road FAX: (360) 877-5943 Shelton, WA 98584

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SKOKOMISH TRIBAL COUNCIL

RESOLUTION NO. 00-

A RESOLUTION AMENDING THE GAMING CODE OF THE SKOKOMISH INDIAN TRIBE OF

WASHINGTON STATE TO PERMJT GAMJNG ACTIVITIES AND FACILITIES ON INDIAN LANDS IN

CONFORMITY WITH THE PRO VISIONS OF THE INDIAN GAMING REGULATORY A CT

WHEREAS, the Skokomish Tribal Council is the governing body of the Skokomish Indian Tribe pursuant

to the Constitution of the Skokomish Indian Tribe, approved by the Secretary of the Interior, March

17, 1980; and

WHEREAS, the Skokomish Indian Tribal Council recognizes the need to enhance and strengthen the

development of the Tribes human and natural resources, and encourages development of the

Reservation, supporting community values and goals for achieving complete self-determination as

a Nation; and

WHEREAS, on May 25, 1995, the Skokomish Indian Tribe and the State of Washington executed a Class

III Gaming Compact pursuant to the Indian Gaming Regulatory Act of 1988, Pub.L.lOO-497,

codified at 25 U.S.C. Section 2701 etseq. And 18 U.S.C. Section 1166-1168; and

WHEREAS, pursuant to Resolution No. 95-73 dated July 31, 1995, the Skokomish Tribal Council approved

the Class III Gaming Compact, and such compact has been approved by the Secretary of the Interior

and is in full force and effect; and

WHEREAS, on February 28, 1996, the Skokomish Tribal Council enacted the Gaming Code of the

Skokomish Indian Tribe of Washington State, approved by the National Indian Gaming Commission

on April 30, 1996; and

WHEREAS, the Indian Gaming Regulatory Act (IGRA), Public Law 100-497, 102 Stat. 2426, 25 U.S.C. §~

2701-2721 (1988), as amended, governs the conduct of gaming on indian lands; and

WHEREAS, 25 U.S.C. § 2710 authorizes Class ii and Class III gaming activities on Indian lands and 25

U.S.C. § 2703(4) defines Indian lands as:

(A) all lands within the limits of any Indian reservation; and

(B) any lands title to which is either held in trust by the United States for the benefit of

any Indian tribe or~ individual or held by any Indian tribe or individual subject to restriction

by the United States against alienation and over which an Indian tribe exercises

governmental power; and

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ORIGINAL
WHEREAS, 25 U.S.C. § 2719, provides that gaming shall not be conducted on lands taken into trust after

October 17, 1988 unless (in pertinent part), the lands are located within or contiguous to the

boundaries of the reservation. . . on October 17, 1988; the lands are taken into trust as part of a

settlement of a land claim; or the Secretary of the Interior and the governor of the state, after

consultation with the tribe and state and local officials concur in a determination that a gaming

establishment on newly acquired lands would be in the best interest of the tribe and its members and

would not be detrimental to the surrounding community; and

WHEREAS, § 14.2.220 of the Gaming Code defines Indian lands to mean:

(I) land within the limits of an Indian Reservation; or

(2) land over which an Indian tribe exercise governmental power and that is either:

(a) held in trust by the United State for the benefit of any Indian tribe or individual; or

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(b) held by an Indian tribe or individual subject to restriction by the United States

against alienation.

WHEREAS, § 14.5.070(1) of the Gaming Code unduly restricts the location of Tribal gaming facilities

contrary to the provisions of IGRA to the following lands:

(1) The proposed gaming activity or facility is to be located on land which was held in trust for

the Tribe prior to October 17, 1988 or on trust lands which were located within or contiguous to the

boundaries of the Reservation on October 17, 1988 or on lands taken into trust after October 17, 1988

as settlement of a claim.

NOW THEREFORE BE IT RESOLVED, the Skokomish Tribal Council hereby strikes the former

provision and amends § 14.5.070(1) of the Gaming Code to read as follows:

(1) The proposed gaming activity or facility is to be located on Indian lands

as defined under § 14.2.220 of this Code and 25 U.S.C. § 2703(4), and

shall be in compliance with 25 U.S.C. § 2719.

BE IT FURTHER RESOLVED, that the Skokomish Tribal Council authorizes Debra Rosenbaum,

Skokomish Tribal Manager, or her designee, and/or Richard Guest, Skokomish Tribal Attorney, or

his designee, to sign any and all letters, reports, amendments or other documents necessary to the

enactment and implementation of this amendment.

* * *CERTIFICATION***

I, Denny Hurtado, Chairmai~i of the Skokomish Tribal Council, do hereby certit~, that the foregoing Resolution

No. 00-~jwas adopted at a regular meeting of the Skokomish Tribal Council held on ~/ 2io at which

a quorum was present by a vote of g FOR 2 AGAINST .....Q ABSTAINING.

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ORIGI NAL

Denny Flurtad* Luau

Skokomish Tribal Council

Skokomish Tribal Council Resolution No. DO -Si