David McCullough 

Michael Minnis & Associates, P.C. 

Liberty Tower, Suite 3160 

100 North Broadway 

Oklahoma City, Oklahoma 73102-8606 

Dear Mr. McCullough: 

By letter dated April 26, 1995, and received by the National 

Indian Gaming Commission (NIGC) on May 1, 1995, the Iowa appealed 

the decision of the Chairman disapproving the Iowa Tribe of 

Oklahoma Gaming Ordinance. The appeal is dismissed because the 

letter was filed after the thirty day period provided for in 25 

C.F.R. S 524.1. Two other problems remain unresolved. A 

substantive change needs to be made concerning fingerprint 

procedures, and the authority of the Business Committee must be 

clarified and documented. 

The regulations provide that '![a]n appeal shall be filed 

with the Commission within 30 days after the Chairman serves his 

or her determination." 25 C.F.R. S 524.1. The Chairman's 

determination was served upon chairman Murray when the 

\ disapproval letter was mailed on March 23, 1995. 25 C.F.R 

#*rv § 519.3(4). Therefore, April 22, 1995, was the last day to file 

an appeal with our office. Your letter was not received until 

May 1, 1995. As a result, you waived your opportunity for an 

appeal pursuant to 25 C.F.R. S 524.1. 

We also note that your letter of April 26, 1995, fails to 

respond ta the first deficiency listed in the Chairman's, March 

23, 1995, disapproval letter. Section 15(c)(xiv), of the Iowa . Tribe of Oklahoma, Tribal Gaming Ordinance, amended January 24, 

1995, permits private individuals to take fingerprints. Under 25 

C.F.R. S 522.2(h), only a member of a law enforcement agency may 

take fingerprints. Additionally, the submission fails to 

identify a law enforcement agency that will take the fingerprints 

pursuant to 25 C.F.R. S 522.2(h). 

Further, your letter of April 26, 1995, inadequate1.y 

addresses the Chairman's concerns about the Business Committee's 

authority to adopt an ordinance. According to the Iowa Tribe of 

Oklahoma, Constitution and Bylaws, the Iowa Council has sole 

authority to adopt ordinances under Article XIV. While the Iowa 

Council delegated such power to the Business committee in 

Ordinance No. 93-03, that ordinance was disapproved by the 

Chairman and subsequently withdrawn by Chairman Murray in his 
letter of November 11, 1994. The Indian Gaming Regulatory Act 

gives the Chairman of the NIGC the power to approve tribal 

vbw ordinances or resolutions that regulate class I1 and I11 gaming. 

25 U.S.C. S 2705. Without such approval, an ordinance and the 

authority delegated within it is ineffective. 

Two options to clarify the authority of the BuLrnese 

Committee seem apparent. One, the Iowa council could delegate 

the power to the Business Committee in a separate document and 

the Business committee can adopt and resubmit the ordinance. 

Two, the council could re-enact the entire ordinance, including a 

delegation of authority to the Business Committee. 

The NIGC looks forward to approving the Iowa's ordinance and 

working with you and the Tribe in the future. If you have any 

questions please call Matthew Ryen at 2021632-7003. 

Sincerely yours, 

. cc: Wallace Murray 

Chairman