April 9, 2012 

By First Class Mail 

Russell Attebery, Chairman 

Karuk Tribe of California 

64236 Second Avenue 

Post Office Box 1016 

Happy Camp, CA 96039 

Re: Approval of Kamk Tribe of California ordinance amendment 

Dear Chairman Attebery: 

This letter responds to your request for the National Indian Gaming Commission to 

review and approve an amendment to the Karuk Tribe of California (Tribe) tribal gaming 

ordinance. The Second Amendment to the Karuk Tribal Gaming Ordinance was approved by 

Resolution No. 11-R-121 on October 14,201 1. 

The amendment authorizes gaming on four parcels of land totally 200.2 acres known as 

the "Yreka Property" acquired by the Tribe on April 28, 1997 and accepted into trust on March 

27, 2001. This amendment required the NIGC to conduct a legal analysis of the applicability of 

IGRA's restored lands for a restored tribe provision, 25 U.S.C. 5 2719(b)(l)(B)(iii), in order to 

determine whether the Tribe is allowed to conduct gaming activities on the site. 

The NIGC's Office of General Counsel (OGC) has provided me with a legal opinion, 

dated April 3,2012, modifying an OGC legal advisory opinion, dated October 12,2004. The 

April 3 legal opinion concludes that the Tribe was restored to Federal Recognition and that the 

Yreka Property qualifies as restored land. The Department of the Interior Solicitor reviewed the 

opinion and concurs in the legal analysis and conclusion. The record supports the opinion, and I 

adopt the analysis and conclusion provided herein. Therefore, the tribal gaming ordinance 

amendment is hereby approved. 

If you have any questions, please feel free to contact Senior Attorney John Hay at (202) 

632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONAL HEADQUARTERS 1441 LSt. NW. Suite 9100, Washington, DC 20035 Tel: 202.632.7003 h: 202.632.7066 WWW.NlGC.GOV 

REGIONAL OFFICES Portland. OR: Sacamento. CA: Phoenix. AZ: St. Paul. MN:Tulsa, OK 
, Karuk Community Health Clinic Kanrk Wbe Karuk Dental Clinic 

64236 Second Avenue A-i- -A-4 -A-A -!a= 64236 Second Avenue 

Post Office Box 316 -A 

A AA A AA A AA A Post Office Box 1016 

Happy Camp, CA 96039 Havvv Camv, CA 96039 

 hone: (530) 493-5257 Administrative Office ~hine: (530) 493-2201 

Fax: (530) 493-5270 Phone: (530) 493-1600 . Fax: (530) 493-5322 Fax: (530) 493-5364 

64236 Second Avenue Post Office Box 1016 . Happy Camp, CA 96039 

RESOLUTION OF THE 

KARUK TRIBE 

Resolution No: 11-R-121 

Date Approved: October 14,2011 -. 

A RESOLUTION TO ADOPT THE SECOND AMENDMENT TO THE KARUK TRIBAL 

GAMING ORDINANCE AND SUBMIT THE SAME TO THE NATIONAL INDIAN GAMING 

COMMISSION FOR REVIEW AND APPROVAL 

WHEREAS; the Karuk Tribe is a Sovereign Aboriginal People, that have lived on their own land since 

long before the European influx of white men came to this continent; and 

WHEREAS; the members of the Karuk Tribe have approved Article VI of the Constitution delegating to 

the Tribal Council the authority and responsibility to exercise by resolution or enactment of Tribal laws 

all the inherent sovereign powers vested in the Tribe as a Sovereign Aboriginal People, including 

negotiating and contracting with federal, state, Tribal and local governments, private agencies and 

consultants; and 

WHEREAS; the members of the Karuk Tribe have approved Article VIII of the Constitution assigning 

duties to the Chair, Vice Chair, and Secretary~Treasurer including signing and executing all contracts and 

official documents pertaining to the Karuk Tribe; and 

WHEREAS; the Karuk Tribe is a federally recognized Tribe and its Tribal Council is eligible to and is 

designated as an organization authorized to Contract pursuant to P.L. 93-638 on behalf of the Karuk 

Tribe; and 

WHEREAS; the Tribal Executive Council adopted the Karuk Tribal Gaming Ordinance on May 4,2003, 

to authorize, permit and otherwise regulate gaming on the Tribe's Indian lands; and 

WHEREAS, in furtherance of the Tribe's primary goals and objectives and pursuant to the Section XVII 

of the Tribal Gaming Ordinance authorizing Amendments to the Ordinance, the Tribal Executive Council 

has decided to amend the Tribal Gaming Ordinance of May 4, 2003, to ensure that at least one potential 

gaming site is clearly and unequivocally identified for the purposes of securing a full and fair debate of 

such issues as may legitimately be raised and appropriate mitigation measures implemented in accordance 

with applicable state and federal authority; and 

WHEREAS; that the Tribal Executive Council has developed the Second Amendment to the Karuk 

Tribal Gaming Ordinance in order to authorize, permit and otherwise regulate gaming on specific lands 

now held in trust by the United States for the benefit of the ~ribe! &d. : . 

Kmk Tribe Resolution 11-R-I21 

Page 1 of 3 
NOW, THEREFORE, BE IT RESOLVED, that the following First Amendment to the Karuk Tribal 

Gaming Ordinance is hereby adopted by amending Section 111 of the Karuk Tribal Gaming Ordinance to 

read as follows: 

111. Gaming Authorized 

Class IIgaming as defined at 25 U.S.C.$2703(7)(A), and by the regulationspromulgated 

by the National Indian Gaming Commission at 25 C.F.R. $502.3, and Class III gaming as 

defned at 25 U.S.C. §2703(8), and by the regulations promulgated by the National Indian 

Gaming Commission at 25 C.F.R. $502.4 (as published in the Federal Register at 57 FR 12382- 

12393, April 9, 1992) are hereby authorized to be conducted on "Indian Lands" as defined at 25 

U.S.C. §$2703(4) and 2719, including the property identified as the "Yreka Property" in the 

letter dated October 12, 2004, to former Karuk tribal attorney Bradley G. Bledsoe Downesfrom 

the Drmer] Acting General Counsel of the National Indian Gaming Commission, Penny J. 

Coleman. This land consists offour parcels acquired by the Tribe on April 28, 1997, and 

accepted into trust on March 27, 2001. The total acreage of these four parcels is 200.2 acres 

and the prior owner of each is identiJied as "Holm" -- the four parcels contain, respectively, 20 

acres, 60.2 acres, 100 acres and 20 acres, and they are located within the "Karuk Tribal 

Housing Authority Land" at Yreka, California. Three additional parcels were identified in the 

Coleman advisory opinion letter of October 12, 2004, but they will not be usedfor gaming. They 

were accepted into trust on March 27, 2001, and are described as follows: Bowersparcel of 

0.77 acres, acquired by the Tribe on July 24, 1997; Bowers/Borgparcel of 0.87 acres, acquired 

by the Tribe on September 12, 1997; an4 Bowers parcel of 0.86 acres, acquired by the Tribe on 

September 12, 1997. 

BE IT FURTHER RESOLVED, that the Tribal Chairman is hereby further authorized to take such 

additional steps on behalf of the Tribe as may be required including execution of all documents necessary 

to implement this Resolution and the forwarding of this Ordinance to the National Indian Gaming 

Commission for regulatory review and approval. 

BE IT FURTHER RESOLVED, that the language in the First Amendment to the Kad Tribal Gaming 

Ordinance shall in no way be construed as a waiver of the Karuk Tribe's sovereign immunity. 

BE IT FURTHER RESOLVED, that the Tribe's attorneys at the law firm of DICKINSON WRIGHT 

PLLC are directed to submit the First Amendment to the Tribal Gaming Ordinance to the National Indian 

Gaming Commission for review and approval. 

THEREFORE BE IT FINALLY RESOLVED; that the Chairman of the National Indian Gaming 

Commission is hereby requested to review and approve the Second Amendment to the Karuk Tribal 

Gaming Ordinance herby adopted. 

Karuk Tribe Resolution I I-R-121 

Page 2 of 3 
CERTIFICATION 

I, the Chairman, hereby certify the foregoing resolution 11-R-121 which was approved by phone vote on 

October 14,201 1, and was duly adopted by a vote of 8 AYES, NOES, ABSTAIN, 

and said resolution has not been rescinded or amended in any way. The Tribal Council is comprised of 9 

members of which 8 voted. 

to( i.41 11 

Date 

Kamk Tribe Resolution 11-R-121 

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