FEB 55 X)Ot 

Honorable Johnny Wauqua 

Chairman, Comanche Tribe of Oklahoma 

P.O. Box 908 

Lawton, Oklahoma 73502 

Dear Chairman Wauqua: 

This letter responds to your request to the National Indian Gaming Commission (NIGC) 

for the review and approval of the amendments to the Comanche Tribe's (Tribe) gaming 

ordinance submitted on December 15,2000. The Tribe, by Resolutions Nos. 102-00 and 

103-00, on December 2, 2000, adopted the amendments to the ordinance. Resolution No. 

102-00 purports to clarify that the Tribe maintains jurisdiction over original Comanche 

allotments remaining in trust. Resolution No. 103-00 clarifies that Class II or Class III 

gaming within the Tribe's jurisdiction is a violation of the Ordinance unless conducted at 

a gaming facility of the Tribe. 

The Chairman of the NIGC approved the original Ordinance on April 10, 1996. Such 

approval does not constitute approval of specific games. It is important to note that the 

gaming ordinance is approved for gaming only on Indian lands, as defined in the IGRA, 

over which the Tribe exercises jurisdiction. 

This letter constitutes approval under the Indian Gaming Regulatory Act (IGRA) of the 

amendment adopted by Resolution No. 103-00. 

However, the amendment adopted by Resolution No. 10 purports to address by 

udateral Tribal action a complex jurisdictional issue where such action is not appropriate. 

Subpart (3) of the proposed amendment indicates that the Tribe has jurisdiction "over lands 

originally allotted to the Comanche Nation or its members that are held in trust by the 

United States, regardless of the tribal affiliation of the owner (whether an indi~idual or 

tribe), unless the Comanche Nation has expressly authorized in writing the relinquishment 

of such land from its jurisdiction." 

The provisions of Subpart (3) are contrary to recent determinations by the Department of 

the Interior concerning the acquisition in trust by the Fort Sill Apache Tribe of a parcel 

originally allotted to a member of the Tribe located within the boundaries of the former 

Kiowa, Comanche, and Apache reservation. The Associate Solicitor, Division of Indian 

Affairs, in an opinion dated March 29, 1996 (enclosed), determined that it was not 

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

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necessary for the Fort Sill Apache Triie to seek the consent of the other three tribes prior to 

taking the parcel in trust. Further, the Associate Solicitor determined that the Fort Sill 

Apache Tribe has jurisdiction over the transferred parcel. In reliance on this opinion, the 

transfer to the Fort Sill Apache Tribe was accomplished, culminating in the execution of the 

deed on March 24, 1999 (see enclosures). The MGC corresponded with you concerning 

this matter by letter dated September 1, 1999 (enclosed). 

Since the provisions of Subpart (3) of the amendment proposed by Resolution No. 102-00 

concern land having status comparable to that of the Fort Sill Apache acquisition, this 

amendment is disapproved. 

Thank you for submitting the amendments to the tribal gaming ordinance of the Tribe for 

review and approval. The NIGC staff and I look forward to working with you and the 

Tribe in implementing the IGRA. If you have questions or require further assistance, please 

contact Ms. Frances Fragua at 2021632-7003. 

Sincerely yours, 

Montie R. Deer 

Chairman 

Enclosures 

cc: William R. Norman, Jr., Hobbs, Straus, Dean & Walker, Norman, Oklahoma 
COMANCHE TRIBE 

RESOLUTION NO. 1~3 - c~, % 

'8 P. 

c.y>; 

RESOLUTION 

WHEREAS, The Comanche Tribe is a federally recognized Indian Tribe with a 

constitution approved by the Secretary of the Interior on January 9, 

1967, to safeguard tribal rights, powers, and privileges to improve 

the economic, moral, educational, and health status of its members; 

and 

WHEREAS, The Comanche Business Committee is the duly elected official 

body designated to conduct business for and on behalf of the 

Comanche Indian Tribe; and 

WHEREAS, The Comanche Indian Tribe has continuously owned and operated 

a High Stakes Indian Bingo (Class 11) since July 22, 1983; and 

WHEREAS, The Comanche Indian Tribe has committed itself to promote, 

protect, and preserve the general welfare and interest of Indian 

gaming tribes through the passage of the Comanche tribal gaming 

ordinance and the development of sound policies and practices 

with respect to the conduct of gaming activities in Comanche 

Indian Country within the Kiowa, Comanche and Apache 

Reservation; 

NOW THEREFORE BE IT RESOLVED, That the Comanche Business Committee 

hereby approves the attached amendment to Section 15(a) the Comanche Tribe of 

Oklahoma's Tribal Gaming Ordinance, and 

BE IT FURTHER RESOLVED, That the Comanche Business Committee having 

exercised its legislative authority and duly enacted the attached amendment, submits said 

amendment, pursuant to the Indian Gaming Regulatory Act and 25 CFR Part 522, to the 

National Indian Gaming Commission for approval by the Chairman of the Commission. 

COMANCHE INDIAN TRIBE P.O. BOX 908 / WWTON, OK 73502 
The foregoing resolution was fully adopted at a regular meeting of the Comanche 

Business Committee held on the _1_ day of 2000, at the Comanche Tribal 

Complex, Lawton, Oklahoma, by a majority vote of _E for, - 0 against, and 

abstaining, a quorum being present. 

ATTESTED: 

n 
Proposed Amendment to Section 15(a) of the Comanche Nation gamin^ Ordinance 

Existing Section 15 to be amended to add at the end of subsection (a) "of the 

Comanche Nation Games." Thereafter, Section 15(a) should read as follows: 

"It shall be a violation of this Ordinance for any person to: 

(a) Conduct or participate in any Class I1 or Class 111 gaming operation within 

Comanche Nation jurisdiction other than at the gaming facilities of the 

Comanche Nation Games. "