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FEB 2 2 2010

Via facsimile and First Class Mail
616-681-8836

D.K. Sprague, Chairman

Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians
1743 142nd Ave.

Dorr, MI 49323

RE: Gaming Ordinance Amendment of the Match-E-Be-Nash-She-Wish Band of
Pottawatomi Indians (Gun Lake Tribe)

Dear Chairman Sprague:

This letter responds to your request on behalf of the Gun Lake Tribe for the
Chairman of the National Indian Gaming Commission (NIGC) to review and approve the
Tribe’s amendment to its gaming ordinance. The amendment was adopted by the Tribal
Council on December 3, 2009, via Resolution No. 09-551. The resolution amends the
definition of “Gaming Services” in Section 2.23 and adds language to Section 7.15.3 that
guarantees a management contractor due process in disputes concerning licensure of the
contractor or an affiliate.

This letter constitutes approval under the Indian Gaming Regulatory Act (IGRA),
25 U.S.C. §§ 2701 et seg. Thank you for submitting the amendment for review and
approval. If you have any questions, please contact Staff Attorney Jennifer Ward at (202)
632-7003.

Sincerely,

wh —

George T. Skibine
Acting Chairman

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

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


Match-E-Be-Nash-She- Wish A

Tribal Chairman
Band of Pottawatomi Indians
GUN LAKE TRIBE eae a

DEC 18 2009 Service Area: Allegan. Barry

i Kalamazoo. Kent. and

RESOLUTION 09-551 Ottawa Counties

OF THE MATCH-E-BE-NASH-SHE-WISH BAND

OF POTTAWATOMI INDIANS OF MICHIGAN,
A/K/A GUN LAKE TRIBE

A RESOLUTION APPROVING AND ADOPTING AMENDMENTS TO THE GUN
LAKE TRIBAL GAMING ORDINANCE AND AUTHORIZING SUBMISSION OF THE
AMENDMENTS TO THE NATIONAL INDIAN GAMING COMMISSION

WHEREAS, The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of
Michigan is a federally recognized Indian Tribe organized pursuant to a Constitution approved
by the Tribal Membership on June 19, 2000; and

WHEREAS, The Governing Body of the Match-E-Be-Nash-She-Wish Band of
Pottawatomi Indians of Michigan is the Tribal Council; and

WHEREAS, The Tribal Council of the Match-E-Be-Nash-She-Wish Band of
Pottawatomi Indians of Michigan is authorized pursuant to Article VII, Section 1(1) of the Tribal
Constitution to enact resolutions or ordinances; and,

WHEREAS, The Tribal Council is authorized pursuant to Article VII, Section 1(m) of
the Tribal Constitution to govern the conduct of Indians and others as it relates to gaming
conducted on the Tribe’s reservation pursuant to the Indian Gaming Regulatory Act, Public Law
100-497, as codified in 25 U.S.C. § 2701 et seq., and its implementing regulations promulgated
by the National Indian Gaming Commission (“NIGC”); and

WHEREAS, The Tribal Council adopted the Match-E-Be-Nash-She-Wish Band of
Pottawatomi Indians Gaming Ordinance on July 17, 2003, which was duly approved by the
NIGC on August 6, 2003; and

WHEREAS, The Tribal Council finds it necessary to amend said Gaming Ordinance to
resolve inconsistencies and to provide for more efficient regulation of its gaming operations.

NOW THEREFORE BE IT RESOLVED, that the Tribal Council of the Match-E-Be-
Nash-She-Wish Band of Pottawatomi Indians hereby approves and adopts the amended Gaming
Ordinance as follows (the changes are underlined):

Section 2. | DEFINITIONS. For purpose of this Ordinance:

1743 142nd Ave.. PO BOX 218 Dorr. MI 49323 - Telephone: (616) 681-8830 Fax: (616) 681-8836
www.mpbi.org



2.23 “Gaming Services” means:

27335 The extension of or guarantee of any financing for the Enterprise
or a gaming facility by any person or entity other than MBPI,
another federally-recognized Indian tribe (provided the tribe_has
been subject to NIGC regulation for a minimum of five (5) years,
and has no record of NIGC violations), or a chartered institutional
investor;

Section 7. | TRIBAL GAMING COMMISSION.

7.15 Hearings; Appeals. Pursuant to Commission regulations, the Commission may
hold any hearing, and shall provide for any appeal deemed necessary in the
administration of its powers and duties under this Ordinance. Whenever it shall
appear to the satisfaction of the Commission that all of the interested parties

involved in any proposed hearing or appeal have agreed concerning the matter at
hand, the Commission may issue its order without convening a hearing.

aril e agem actor and its affiliate
The Management Contractor and its affiliates shall be provided
with appropriate due process procedures, which procedures shall
be determined by the Commission, with respect to the resolution of

lisputes co’ ing the issuance. non-issuance, renewal, non-
renewal, condition, suspension. denial _or revocation of any
licenses to the Management Contractor or any affiliate.

FURTHER BE IT RESOLVED, that the Tribal Council authorizes the Tribal Chairman
to submit the amendments to the NIGC consistent with 25 C.F.R. § 523.4.

FURTHER BE IT RESOLVED, that the amended sections of the Gaming Ordinance
shall be effective immediately upon adoption of this resolution.

CERTIFICATION

We, the undersigned duly elected officials of the Match-E-Be-Nash-She-Wish Band of
Pottawatomi Indians, do hereby certify that on December 3, 2009, the foregoing Resolution was
adopted at a regular meeting of the Tribal Council with a quorum present by a vote of © for;
_© against; _, abstaining; and _© absent.

Kine*C— Aeron
Chairman | / Dated

Cidius Bick gi )
Seoremty : Dated

1743 142nd Ave., PO BOX 218 Dorr, MI 49323 - Telephone: (616) 681-8830 Fax: (616) 681-8836
‘www.mbpi.org