Miami Tribe of Oklahoma

RESOLUTION NO: 97- 02

RESOLUTION TO ADOPT AN ACT RELATING TO

MIAMI INDIAN TRIBE OF OKLAHOMA

REGARDING THE TERMS OF CLASS II AND III GAMING OPERATIONS

SUPPLEMENTS TO MIAMI CLASS II GAMING ORDINANCE 93-45 (8/23/1993)

AND CLASS III GAMING ORDINANCE 94-55 (9/19/1994)

PROVIDING FOR LICENSING OF INDIVIDUALLY OWNED GAMING OPERATIONS

OTHER THAN THOSE OPERATING ON SEPTEMBER 1, 1986.

WHEREAS, the Miami Tribe of Oklahoma is a federally

recognized Tribe of Indians organized pursuant to a Constitution

and By-laws ratified by the People of the Miami Tribe on December

4, 1995, approved by operation of law on January 18, 1996 and by

the Secretary of the Interior on February 22, 1996, as amended by

the People of the Miami Tribe from time to time as provided in

the Oklahoma Indian Welfare Act of June 26, 1936; and

WHEREAS, Article VI of the Constitution and By-laws of the

Miami Tribe of Oklahoma provides that the Miami Business

Committee shall have power to act on behalf of the Tribe in all

matters on which the Tribe is empowered to act; and

WHEREAS, the Miami Business Committee is the Supreme

governing body of the Miami Tribe of Oklahoma with the authority

to enact laws and ordinances and to interpret provisions of the

Constitution and By-laws; and

WHEREAS, in certain treaties entered into between the Miami

Tribe and the United States, the Miami Tribe undertook to provide

protection to businesses which were located within its

jurisdiction and retained all of its inherent rights of self

government; and

WHEREAS, the Miami Tribe of Oklahoma desires to provide for

licensing of individually owned gaming operations other than

those operating on September 1, 1986, as provided for by 25 CFR §

522.10; and

202 South Eight Tribes Trail

P.O. Box 1326 Miami, Oklahoma 74355

Phone: 918.542-1445 Fax 918-542-7260

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RESOLUTION NO: 97- 02

SUPPLEMENT TO GAMING ORDINANCE

WHEREAS, the Miami Tribe of Oklahoma has received approval

of Gaming Ordinances 93-45 and 94-55 by the Chairman of the

National Indian Gaming Commission on October 27, 1993, and

December 15, 1994, respectively, as required by the Indian Gaming

Regulatory Act and the National Indian Gaming Commissions (NIGC)

regulations providing for the establishment and operation of

gaming enterprises; and

WHEREAS, the Constitution and By-laws of the Miami Tribe

provides that enactments are to be passed by a majority of the

Business Committee members present; and

THEREBY, BE IT RESOLVED that both ACTS, 93-45 and 94-55 are

hereby supplemented to provide for licensing of individually

owned gaming operations provided that the requirements of 25 CFR

§ 522.10 are met. Specifically; the license must provide:

1. That the gaming operation be licensed and regulated under an

ordinance or resolution approved by the Chairman of the

NIGC; and

2. That income to the Miami Tribe be used only for the purposes

listed in 25 CFR § 522.4(b) (2); and

3. That not less than sixty (60%) of the net revenues be income

to the Tribe; and

4. That the owner will pay an assessment to the Commission

(NIGC) as provided under 25 CFR § 514.1; and

5. Licensing standards that are at least as restrictive as

those established by State law governing similar gaming

within the jurisdiction of the surrounding State; and

6. Denial of a license for any person or entity that would not

be eligible to receive a State license to conduct the same

activity within the jurisdiction of the surrounding State.

State law standards shall apply with respect to purpose,

entity, pot limits, and hours of operation.

THEREBY, BE IT FURTHER RESOLVED Chief of the Miami Tribe of

Oklahoma is authorized to forward this Resolution 97-02 to the

Chairman of the National Indian Gaming Commission for approval as

required by 25 CFR § 522.4 for Class II and 25 CFR § 522.6 for

Class III.

THEREBY, BE IT FURTHER RESOLVED that the Chief of the Miami

Tribe of Oklahoma is authorized to sign any additional documents

and agreements required to obtain approval of this Resolution.

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RESOLUTION NO: 97- 02

SUPPLEMENT TO GAMING ORDINANCE

CERTIFICATION

The foregoing resolution was duly adopted this date, October ~,

1996, in a regular session of the Miami Tribe of Oklahoma

Business Committee meeting at which a quorum was declared by a

vote of .~L. for, ~ against, ~ abstaining.

F oy~7E. Leonard, Its Chief

Attest:

~~

~Ti1Ł Olds ~ SØÆretary/Treasurer

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