AUG 9 2002 

V. Heather Sibbison, Esq. 

Patton Boggs LLP 

2550 M Street, NW 

Washington, DC 20037-1 350 

Re: Tribal Gaming Ordinance Amendment of Bear River Band of Rohnerville Rancheria: 

Tribal Resolution No. 02-48 

Dear Ms. Sibbison: 

This letter is in response to your request for the National Indian Gaming Commission 

(NIGC) to review and approve the Tribal Gaming Ordinance Amendment of Bear River 

Band of Rohnerville Rancheria (Band), Tribal Resolution No. 02-48. The Resolution 

was adopted by the Band on May 15, 2002, and amended the existing Ordinance No. 95- 

04, approved February 5, 1996, by changing the definition of lands to include a 60-acre 

tract acquired after October 17, 1988. Approval of the Amendment depended on whether 

the land in question was Indian lands and whether it met one of the statutory exceptions 

to the prohibition against gaming on lands acquired after the Indian Gaming Regulatory 

Act (IGRA) was enacted. Adopting the analysis in the attached memorandum, I find that 

the land falls into the exception set forth at 25 U.S.C. §2719(b)(l)(iii), "restoration of 

lands for an Indian tribe that is restored to Federal recognition." I therefore approve your 

submission under IGRA. 

Thank you for submitting the Amendment for review and approval. The NlGC staff and 

I look forward to working with you and the Band on future gaming issues. 

Sincerely, 

Montie R. Deer 

Chairman 

enc. 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100. Wash~ngton. DC 20005 Tel. 202.632.7003 Fax: 202.632 7066 www.nlcc.~ov 

REGIONAL OFFICES Portland. OR; Sacramento. CA; Phoenix. AZ; St. Paul, MN;Tulsa. OK 
32 BEAR RIVER DR. LOLETA. CA 96661 707.733.1900, fax 733.1972 

Resolution No: 02-48 

Date Approved: May 15,2 

A RESOLUTION BY THE BEAR RIVER BAND OF ROHNERVILLE RANCHERIA 

TRIBAL COUNCIL AMENDING ARTICLE Ill OF THE TRIBAL ORDINANCE 

AUTHORIZING AND REGULATING GAMING ON TRIBAL LANDS (ORDINANCE NO. 

95-04) TO CLARIFY DEFINITION OF LANDS GOVERNED BY THE ORDINANCE. 

s 

WHEREAS, the Bear River Band of Rohnerville Rancheria is a federally recognized 

Indian Tribe authorized to exercise full governmental responsibilities; and, 

WHEREAS, the Bear River Band of Rohnerville Rancheria is eligible for all rights and 

privileges afforded to Federally recognized Indian Tribes; and, 

WHEREAS, the Bear River Band of Rohnerville Rancheria Tribal Council will follow 

guidelines as stated in Ordinance No. 95-04 "Ordinance Authorizing And 

,- Regulating Gaming On Tribal Lands (heinafter "Tribal Gaming Ordinance No. 95-04"); and, 

WHEREAS, the Bear River Band of Rohnerville Rancheria Tribal Council wishes to 

clarify which lands are subject to the requirements of Tribal Gaming 

Ordinance No. 95-04; and, 

WHEREAS, the Tribal Council of the Bear River Band of Rohnerville Rancheria desires 

to amend Article Ill of the Tribal Gaming Ordinance No. 95-04 to insure 

that trust lands which lie outside the boundaries of the Tribal Lands are 

included within the purview of the Tribal Gaming Ordinance No. 95-04. 

NOW THEREFORE BE IT RESOLVED, that the Tribal Council of the Bear River Band 

of Rohnerville Rancheria amends Tribal Gaming Ordinance No. 95-04, 

Article I I I, part m as follows: 

1. The entire text of Article Ill, part m is stricken. 

2. Article Ill, parts n through p are re-lettered accordingly so that 

respectively they become part m through o. 

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Resolution 02-48 
3. A new part p is added, the text of which reads: "p. Tribal lands" shall 

mean: 

a. Lands within the limits of the Tribe's exterior boundaries; and, 

b. Lands title to which is either held in trust by the United States for 

the benefit of the Tribe or individual member of the Tribe or held by 

the Tribe or individual member of the Tribe subject to restriction by 

the United States against alienation and over which the Tribe 

exercises governmental powers; and, 

c. The land taken into trust located in Humboldt County in northern 

California, in Section 20, T. 3 N., R. 1 W., Humboldt Meridian, more 

particularly described as: Parcel One: Beginning at the center of 

Section 20 in Township 3 North of Range 1 West of Humboldt 

Meridian, and; running thence East 1,320 feet; thence North 363.00 

feet; thence West 379.5 feet; thence South 204.6 feet to the 

Southeast corner of the Parcel of land conveyed by Alvin N. Barber 

to James F. Worthington by Deed of December 29, 1887, recorded 

in Book 24 of Deeds, Page 689 in Recorder's Office of Humboldt 

County; thence West 1,141.8 feet, more or less, to the 

Southeasterly line of the County Road; thence Southwesterly along 

said line of the County Road 206.58 feet to the South line of the 

Northeast quarter of Section 20; and thence East about 330.0 feet 

to the place of beginning. Parcel Two: The Northwest quarter of 

the Southeast quarter of Section 20, and all that portion of the 

Northeast quarter of the Southwest quarter of Section 20 lying 

Easterly of the County Road in Township 3 North of Range 1 West 

of Humboldt Meridian. 

1) EXCEPTING therefrom a Parcel of land containing 1 acre 

and another Parcel containing I1 acres conveyed by John 

Wright to William Seudner by Deed of January 22, 1869, 

recorded in Recorder's Office of Humboldt County in Book G 

of Deeds, page 21 5; 

2) AND ALSO EXCEPTING therefrom a Parcel of land 

containing about 2 acre conveyed by Alvin N. Barber to John 

S. Wilkes by Deed of September 16, 1890 recorded in said 

Recorder's Office in Book 35 of Deeds, Page 560; 

3) AND ALSO EXCEPTING therefrom a Parcel of land 

containing about 1/10 of an acre conveyed by Alvin N. 

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Resolution 02-48 
Barber to Isaac H. Van Duzer by Deed of December 15, 

1899 recorded in said Recorder's Office in Book 69 of 

Deeds, page 257. 

4) EXCEPTING all gas, oil, mineral and other hydrocarbon 

substances in the lands described as Parcel One and Parcel 

Two above. As reserved by Louis Paul Barnes, et al by 

Deed recorded June 14, 1991, as Instrument Number 1991- 

1 2804-3. 

d. Lands that may be acquired by the Tribe that meet the 

requirements of 25 U.S.C. Section 271 9 et seq.; 

BE IT FURTHER RESOLVED: that all references to the term "Reservation" are 

stricken from Tribal Gaming Ordinance No. 95-04 and replaced with the term "Tribal 

Lands"; and 

BE IT FURTHER RESOLVED: That the Chairperson is hereby authorized to sign and 

Members of the Council to attest all necessary documents to make such requests; and, 

BE IT FURTHER RESOLVED: The above signatory powers are in full force and 

effect until specifically revoked by a duly adopted resolution of the Bear River Band of 

Rohnerville Rancheria Tribal Council. 

This is to certify that the Bear River Band of Rohnerville Rancheria Tribal Council 

adopted the foregoing Resolution on May / s ,2002 by a vote of 5 IN FAVOR, 

0 OPPOSED, 0 ABSTAININwd 0 ABSENT. 

5-15-0 b 

James Moon Jr. (9 Date 

( / Tribal Council chairpeWn 

&*/s-d -L 

Date 

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Resolution 02-48