January 17, 2014 

By First Class Mail 

B. Cheryl Smith, Tribal Chief 

Jena Band of Choctaw Indians 

P.O. Box 14 

Jena, LA 71342-0014 

Re: Jena Band of Choctaw Indians Class II and Class III Gaming Ordinance 

Amendment, Resolution No. 2013-0929 and Resolution No. 2013-1216 

Dear Chief Smith: 

This letter responds to your request on behalf of the Jena Band of Choctaw Indians ("Tribe") for 

the National Indian Gaming Commission Acting Chairman to review and approve the Tribe's 

amendments to the Tribe's gaming ordinance. 

The amendments were passed on September 29, 2013 and December 16, 2013 by the Tribal 

Council through Resolution No. 2013-0929 and Resolution No. 2013-1216. Resolution 2013-0929 

amended the Tribe's gaming ordinance to classify the costs of operating the Tribal Gaming Commission 

(TGC) as an operating expense of the tribal gaming facilities. Additionally, it requires the TGC to submit 

a proposed budget to the Tribal Council annually for approval. Resolution No. 2013-1216 provided four 

additional amendments to the Tribe's gaming ordinance. First, it amended the Tribe's definition of 

"Person Having a Direct or Indirect Financial Interest in a Management Contract." Second, it changed the 

Tribe's requirements for background investigations on Management Contractors, Primary Management 

Officials, and Key Employees. The final two amendments changed the Tribe's procedures with regard to 

revocation hearings for management contractors, primary management officials and key employees. 

Thank you for bringing the amendments to our attention. The amendments are approved as they 

are consistent with the requirements of the Indian Gaming Regulatory Act and the NIGC's regulations. If 

you have any questions, please feel free to contact Staff Attorney Andrew Mendoza at 202-632-7003. 

Acting Chairman 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.cov 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK 
Jena Band of Choctaw Indians 

P. 0. Box 14 •Jena, Louisiana 71342-0014 • Phone: 318-992-2717 •Fax: 318-992-8244 

October 11, 2013 

The Honorable Tracie Stephens 

Chairwoman, National Indian Gaming Commission 

1441 L Street NW, Suite 9100 

Washington, D. C. 20005 

Re: Amendment by Resolution to the Jena Band of Choctaw Indians Second Amended 

Class II/Class III Gaming Ordinance 

Dear Chairwoman Stevens: 

This letter is to request that the National Indian Gaming Commission review and approve the 

enclosed Tribal Council Resolution JBC 2013-0929 which amends The Jena Band of Choctaw 

Indians Second Amended Class II/Class III Gaming Ordinance. 

If you have any questions or require any additional information, please do not hesitate to call me 

at the above listed telephone number or our Tribal Attorney, Julie R. Wilkerson, at 318-992-

0207. 

Sincerely, 

JENA BAND OF CHOCTAW INDIANS 

By:~£""'--'-"'. L!~~~f_, .=.l...L>'tJtl~' '----

B. Cheryl Smith, Tribal Chief 

!,._.' ~/ :.,_I 
Jena Band of Choctaw Indians 

P. 0. Box 14 •Jena, Louisiana 71342-0014 •Phone: 318-992-2717 • Fax: 318-992-8244 

TRIBAL COUNCIL RESOLUTION 

JBC 2013- o 4~.'f 

WHEREAS, the Jena Band of Choctaw Indians is a sovereign federally recognized 

Indian tribe, Acknowledged as a Sovereign Indian Nation by the United States Government; and 

WHEREAS, the Tribal Council of the Jena Band of Choctaw Indians (the "Tribal 

Council") is the governing body of the Jena Band of Choctaw Indians (the "Tribe"); and 

WHEREAS, the Tribal Council is authorized by the Tribal Constitution to act and 

exercise Tribal Authority on behalf of the Tribe; and 

WHEREAS, the Tribal Council has the duly authorized right to promote self-government 

on the Jena Band of Choctaw Tribal Lands; and 

WHEREAS, on April 2, 2007, pursuant to the authorities granted by the Reorganization 

Act, the Secretary of the Department of the Interior proclaimed all lands held in trust by the 

United States of America to be the reservation of the Tribe; and 

WHEREAS, the Tribal Council desires to amend the Second Amended Class II/Class III 

Gaming Ordinance adopted and enacted on June 18, 2013 and approved by the National Indian 

Gaming Commission on August 22, 2013 ("Ordinance") to provide for and classify the funding 

required to operate the Jena Band of Choctaw Indians Gaming Commission; and 

NOW, THEREFORE, BE IT RESOLVED that the Tribal Council does hereby amend Chapter 

2 of the Jena Band of Choctaw Indians Second Amended Class II/Class Ill Gaming Ordinance 

dated June 18, 2013 to add Section 21 las follows: 

Section 211. Tribal Gaming Commission Funding. 

The funds necessary to bear the costs of operation of the Tribal Gaming 

Commission shall be an operating expense of the Facilities. The Tribal Gaming 

Commission shall submit a proposed budget to Tribal Council annually for approvaL 

During the course of a budget term, the Tribal Council may, on request of the Tribal 

Gaming Commissio~, approve extraordinary expenses. 
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Tribal Council does hereby 

authorize the Tribal Chief, B. Cheryl Smith, to submit to the National Indian Gaming 

Commission within fifteen (15) days of this date, this Resolution setting forth the amendments 

to the Jena Band of Choctaw Indians Second Amended Class II/Class III Gaming Ordinance 

dated June 18, 2013 and approved by the National Indian Gaming Commission on August 22, 

2013. 

CERTIFICATION 

The stated resolution was enacted and adopted on the 1.q -11.._ day of .5-ft:.f-et'hb<tr , 2013 

by the Jena Band of Choctaw Indians Tribal Council, with a quorum preset; the vote was _!{__ 

(for), _Q_(against) 0 (absent). 

{k.~ f;Pv 

B. Cheryl Smith 

~Q \..{Y\Gffifu....> 

Dana Masters 
Jena Band of Choctaw Indians 

P. 0. Box 14 •Jena, Louisiana 71342-0014 •Phone: 318-992-2717 •Fax: 318-992-8244 

December 18, 2013 

Acting Chairman, National lndian Gaming Commission 

1441 L Street NW, Suite 9100 

Washington, D. C. 20005 

Re: Amendment by Resolution to the Jena Band of Choctaw Indians Second Amended 

Class II/Class III Gaming Ordinance 

Dear Acting Chairman: 

This letter is to request that the National Indian Gan1ing Commission review and approve the 

enclosed Tribal Council Resolution JBC 2013-1216 which amends The Jena Band of Choctaw 

Indians Second Amended Class II/Class III Gaming Ordinance, approved on Au1,'1.1st 22, 2013. 

lf you have any questions or require any additional information, please do not hesitate to call me 

at the above listed telephone number or our Tribal Attorney, Julie R. Wilkerson, at 318-992-

0207. 

Sincerely, 

JENA BAND OF CHOCTAW INDIANS 

By:-'-"--'-(!;_. ~~~~=· '-""'---

cc: 

B. Cheryl Smith, Tribal Chief 

Michael Hoenig 

Andrew Mendoza 
Jena Band of Choctaw Indians 

P. 0. Box 14 •Jena, Louisiana 71342-0014 • Phone: 318-992-2717 • Fax: 318-992-8244 

TRIBAL COUNCIL RESOLUTION 

JBC 2013. -,l6JL 

WHEREAS, the Jena Band of Choctaw Indians is a sovereign federally recognized 

Indian tribe, Acknowledged as a Sovereign Indian Nation by the United States Government; and 

WHEREAS, the Tribal Council of the Jena Band of Choctaw Indians (the "Tribal 

Council") is the governing body of the Jena Band of Choctaw Indians (the "Tribe"); and 

WHEREAS, the Tribal Council is authorized by the Tribal Constitution to act and 

exercise Tribal Authority on behalf of the Tribe; and 

WHEREAS, the Tribal Council has the duly authorized iight to promote self-government 

on the Jena Band of Choctaw Tribal Lands; and 

WHEREAS, on Aplil 2, 2007, pursuant to the authorities granted by the Reorganization 

Act, the Secretary of the Department of the Interior proclaimed all lands held in trust by the 

United States of America to be the reservation of the Tribe; and 

WHEREAS, the Tiibal Council desires to amend the Second Amended Class II/Class Ill 

Gaming Ordinance adopted and enacted on June 18, 2013 and approved by the National Indian 

Gaming Commission on August 22, 2013 ("Ordinance") to comply with certain revisions to 

the regulations of the National Indian Gaming Commission; and 

NOW, THEREFORE, BE IT RESOLVED that the Tiibal Council does hereby amend and 

restate Section 103(r)(4)ofthe Ordinance as follows: 

"(4) When a corporation is a party to a management contract, any person who is a 

director or who holds at least five percent (5%) of the issued and outstanding 

stock alone or in combination with another stockholder who is a spouse, parent, 

child, or sibling when the corporation is publicly traded or the top ten (10) 

shareholders for a privately held corporation; or" 

NOW, THEREFORE, BE IT RESOLVED that the Tribal Council does hereby amend and 

restate Section 406(b )(8) of the Ordinance as follows: 

"(8) For each felony for which there is an ongoing prosecution m a conviction, the 

charge, the name and address of the court involved, and the date and disposition if 

any;" 
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Tribal Council does hereby 

amend and restate Section 410 of the Ordinance as follows: 

"Section 410. Notice oflnfol'mation Impacting Eligibility and Licensee's Right to a 

Hearing. 

(a) If, after the issuance of a gaming license, the NIGC receives reliable information 

indicating that a Management Contractor, Key Employee or a Primary Management Official is 

not eligible for employment under 25 C.F.R. § 556.5, the NIGC shall notify the Commission of 

the information. 

(b) Upon receipt of such notification under Subsection (a) above, the Commission shall 

immediately suspend such license and shall provide the licensee with written notification of the 

suspension and the proposed revocation. 

(c) The Commission shall notify the licensee ofa time and a place for a hearing on the 

proposed revocation of a license. 

( d) A right to a hearing under this section shall vest only upon receipt of a license granted 

under an ordinance approved by the Chair of the NIGC. 

(e) After a revocation hearing, the Commission shall decide whether to revoke or to reinstate 

a gaming license. The Commission shall notify the NIGC of its decision within 45 days of 

receiving notification from the NIGC pursuant to Subsection (a) above." 

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Tribal Council does hereby 

authorize the Tribal Chief, B. Cheryl Smith, to submit to the National Indian Gaming 

Commission within fifteen (15) days of this date, this Resolution setting forth the amendments 

to the Jena Band of Choctaw Indians Second Amended Class ll/Class III Gaming Ordinance 

dated June 18, 2013 and approved by the National Indian Gaming Commission on August 22, 

2013. 

CERTIFICATION 

The stated resolution was enacted and adopted on the (bit. day of December, 2013, by the Jena 

Basd of Choctaw Indians Tribal Council, with a quorum present; the vote was~ (for), 

__ (against), and ~ (absent). 

Ricky Jackson Dana Masters Christine Nonis