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NG Comm?

February 22, 2010

Samuel N. Penney, Chairman

Nez Perce Tribal Executive Committee
P.O. Box 305

Lapwai, ID 83540-0305

Fax: (208) 843-7377

RE: Ordinance Amendment, approval

Dear Chairman Penney:

On December 28, 2009, the National Indian Gaming Commission (NIGC)
received an amendment to the Nez Perce Tribe’s previously approved gaming ordinance
adopted by resolution of the Nez Perce Tribal Executive Committee on December 22,
2009. This amendment repeals a prohibition against members of the Nez Perce Tribal
Executive Committee and Nez Perce Tribe Enterprise Board form participating in any
gaming sponsored by the Nez Perce Tribal Gaming Enterprise.

This letter constitutes approval of the amendment. Nothing therein conflicts with
IGRA’s requirements or the NIGC’s regulations.

Thank you, and if you have any questions, please feel free to contact Staff
Attorney Heather McMillan Nakai at (202) 632-7003.

Sincerely,

Gédrge T. Skibine
Acting Chairman

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

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


NP 10-110

RESOLUTION Ke ,
WHEREAS, the Nez Perce Tribal Executive Committee has been empowered to act for and
on behalf of the Nez Perce Tribe, pursuant to the Revised Constitution and By-Laws,
adopted by the General Council of the Nez Perce Tribe, on May 6, 1961 and approved
by the Acting Commissioner of Indian Affairs on June 27, 1961; and

WHEREAS, _ it is the responsibility of the Nez Perce Tribal Executive Committee (NPTEC)
to promote and protect the health, education and welfare of the Nez Perce
people; and

WHEREAS, _ there is a need for an amendment to the Gaming Ordinance, Chapter 6-2,
General. Gaming Operations § 6-2-13(v) to remove language to the
section that prohibits NPTEC members and members of the Nez Perce Tribe
Enterprise Board from participating in any gaming sponsored by the Nez
Perce Tribal Gaming Enterprise:

§ 6-2-13 General Gaming Operations Requirements

(v) Members of the Commission and its staff are prohibited from
participating in any gaming sponsored by the Nez Perce Tribal Gaming
Enterprise. This prohibition on participation shall not include gaming
sponsored by the Nez Perce Tribal Gaming Enterprise that is Class |.

NOW, THEREFORE BE IT RESOLVED, that having opened a comment period the required
15 days, and having considered such comments, the NPTEC hereby
authorizes adoption of the amendment § 6-2-13 General Gaming
Operations Requirements as listed above as a regular amendment to be
included in the Nez Perce Tribal Code,

CERTIFICATION

The foregoing resolution was duly adopted by the Nez Perce Tribal Executive Committee
meeting in Special Session, December 22, 2009 in the Richard A. Halfmoon
Council Chambers, Lapwai Idaho, a quorum of its Members being present
and voting.

BY: Winey Piharch

(or (McCoy Oatman, Secretary

ATTEST:

Samuel N. Penney, Chairmi



hy fo

TRIBAL EXECUTIVE COMMITTEE

P.O. BOX 305 + LAPWAI, IDAHO 83540 + (208) 843-2253

NOTICE

AMENDMENTS TO THE NEZ PERCE TRIBAL CODE

This notice is being posted November 25, 2009, according to the Nez Perce Tribal Code §
1-4-2 to request written comments for the following proposed amendments as follows:

Amendment of § 6-2-13(v) General Gaming Operations
STATEMENT OF PURPOSE: to remove language to the section that prohibits NPTEC members

and Enterprise Board members from participating in any gaming sponsored by the Nez Perce Tribal
Gaming Enterprise.

AMENDMENT: deleted language is struck out

§ 6-2-13 General Gaming Operations

(v) Members of the Commission and ‘its staff-members-of-the-Nez-Peree-fribat Exeentive

ittee; ? + ‘¢ prohibited from participating
in any gaming sponsored by the Nez Perce Tribal Gaming Enterprise. This prohibition’ on
participation shall not include gaming sponsored by the Nez Perce Tribal Gaming Enterprise that is
Class 1. :

WRITTEN COMMENT PERIOD:

The Law and Order & Intergovernmental Affairs Subcommittee will be accepting written comments
on the proposed. amendment being applied to the Code. Please submit written comments to: Tonia
“Garcia, Chair, Law and Order Subcommittee, P.O. Box 305, Lapwai, ID, 83540; email to
toniag@nezperce.org, fax to (208) 843-7354 or hand deliver to the NPTEC offices in Lapwai. The
deadline for receipt and consideration of such comments is December 18, 2009, at 4:30 p.m.