Delbert Benjamin, Tribal Chairman 

Colusa Band of wintun Indians 

Colusa Reservation/Cachil Dehe Rancheria 

P.O. Box 8 

Colusa, ~alifornia 95932 

Dear Chairman Benjamin: 

This letter responds to your request to review and approve the 

tribal gaming ordinance adopted by the Colusa Band of Wintun 

Indians (the Band) on April 27, 1994. This letter constitutes 

such approval under the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming 

Commission (NIGC), the Chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the Chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, 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. 

With the Chairman's approval of the Band's gaming ordinance, the 

Band is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. § 556.5(a) and 

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. § 556.5(b). 

Thank you for-submitting the ordinance of the Colusa Band,of 

Wintun Indians-for review and approval. The NIGC staff and I 

look forward to working with you and the Band in implementing the 

IGRA. 

sincerely yours, 

A~@WY J. Hope 

Anthony J. Hope 

Chairman 

- -- -~. 

-- - - - - 1850 M STREET &J 'l.,' i,J'T:: :,=,;? ., .. . -- . . , . , . ._ .. .~ . -. . ~ .-. . -., 'AX 232 632 7066 -- - - - .. . - 
Colusa Indian Conlnlu~lity Council 

Colusa Reservation/Cachil Dehe Rancheria 

P.O. Box 8 

Col usa,"California 95932 

(916) 458-8231 

RESOLUTION OF THE COLUSC) INDIRN COMMUNITY 

RESOLUTION #04-27-94-01 

WHEREPIS: The Colusa Band of Wintun Indians is a Federally 

recognized Tribe with all the rights and responsibilities of such; and 

WHEREtlS: The Colusa Indian Community Council is the governing 

body of the band; and 

WHEREPIS: The Colusa Indian Community is the responsible 

governing body for the Tribal gaming operation located 

on the Colusa Indian Reservation; and 

#HEREC)S: The Colusa Indian Community Council recognizes the 

obligation to provide compliance with National Indian 

Gaming flssociation guidelines, laws, etc. ; and 

WHERERS: The Colusa Indian Cormunity Council has reviewed the 

amended gaming ordinance and interim regulations for 

the Colusa Indian gaming operation; and 

NOW THEREFORE BE IT RESOLVED: That the Colusa Indian Community 

Council does hereby adopt the amended gaming ordinance 

and the interim regulations attached. 

This resolution has been passed by a vote of hands at a special 

meeting of the Community Council, held Rpril 27, 1994; a Quorum 

was present and voted 13 FOR O OPPOSE 0 MSTRIN; and that 

this resolution has not been rescinded in any way. ,, 

# \ 

Signed; - mew 1- 

ag~ bert en jarind Chairman 
CACHIL DEHE BAND OF WINTUN INDIANS OF THE COLUSA INDIAN COMMUNITY 

GAMING ORDINANCE 

I. Purpose 

The Cachil Dehe Band of Wintun Indians of the Colusa Indian 

Community, as the beneficial owner of the Colusa Indian 

~eservation, and acting through its General Council in the exercise 

of its inherent sovereign power to enact ordinances and otherwise 

safeguard and provide for the health, safety and welfare of the 

Colusa Indian Reservation and the members of the Colusa Indian 

Community Council, hereby ordains and establishes this Ordinance 

for the purpose of authorizing and comprehensively and preemptively 

regulating the terms and conditions under which Class I1 and Class 

I11 gaming may be conducted within the boundaries of the Colusa 

Indian Reservation. 

11. Gaminq Authorized 

A. Class I1 gaming as defined in the Indian Gaming Regulatory 

Act, P.L. 100-447, 25 U.S.C. Section 2703(7)(A) ("IGRA") and by 

regulations lawfully promulgated by the National ~ndian Gaming 

Commission ("NIGC") that now or hereafter may be in effect is 

hereby authorized. 

B. Class I11 gaming as defined in IGRA, 25 U.S.C. Section 

2703(8) and by regulations promulgated by the NIGC that now or 

hereafter may be in effect is hereby authorized, provided such 

gaming is also authorized by and consistent with a Tribal-State 

Compact that has been approved by the Secretary of the Interior and 

is in effect, or otherwise has been authorized by the Secretary of 

the Interior or federal law. 

111. Ownership of Gaminq Facilities and/or Enterprises 

The Colusa Indian Community Council shall have the sole 

proprietary interest in and responsibility for the conduct of any 

gaming facilities and/or enterprise(s) authorized by this 

ordinance. 

IV. Use of Gaminq Revenue 

A. Except as specifically authorized pursuant to Subsection 

B of this Section, net revenues from Class I1 and Class I11 gaming 

on the Colusa Indian Reservation shall be used only for the 

following purposes: 

1) to fund Colusa Indian Community Council government 

operations and programs; 

2) provide for the general welfare of the Colusa Indian 
Community Council and its members; 

3) promote Colusa 1ndian Community Council economic 

development; 

4) donate to charitable organizations; or 

5) help fund operations of local government agencies. 

B. If the Colusa Indian Community Council elects to make per 

capita payments to Colusa ~ndian Community members, it shall 

authorize such payments only in conformity with a plan submitted to 

and approved by the Secretary of the Interior pursuant to 25 U. S .C. 

§2710(b)(3). 

V. Audit 

A. The Colusa ~ndian community Council shall cause to be 

conducted at least annually an independent audit of all gaming 

operations and shall submit the resulting audit reports to the 

National Indian Gaming Commission, and to such other agencies as 

may be required by the terms and conditions of any Class I11 

compact or other document authorizing Class I11 gaming on the 

Colusa Indian Reservation. 

B. All gaming-related contracts that result in the purchase 

of supplies, services, or concessions in excess of $25,000.00 

annually, except contracts for professional legal and accounting 

services, shall be specifically included within the scope of the 

audit that is described in Subsection A above. 

VI. protection of the Environment and Public Health and Safety 

Class I1 and Class 111 gaming facilities on the Colusa 1ndian 

~eservation shall be constructed, maintained and operated in a 

manner that adequately protects the environment and the public 

health and safety, with the Colusa ~ndian community Council having 

primary responsibility for assessing the environmental impact of 

all construction and gaming operations, and taking such measures as 

it determines may be reasonably necessary to mitigate any adverse 

environmental impacts as it may identify. 

VII. Licenses for Key Employees and primary Manaqement Officials 

The Colusa Indian Community Council or its designated gaming 

regulatory agency shall ensure that the policies and procedures set 

out in this section are implemented with respect to key employees 

and primary management officials employed at any class I1 and/or 

Class I11 gaming enterprise operated on ~ndian lands within the 

boundaries of the Colusa Indian Reservation: 

A. Definitions 

For the purposes of this section, the following 

definitions apply: 
1. Key employee means 

(a) A person who performs one or more of the 

following functions: 

(1) Bingo Caller; 

(2) Counting Room Supervisor 

(3) Chief of Security 

(4) Custodian of gamingsupplies or cash; 

(5) Floor Manager 

(6) Pit Boss 

(7) Dealer 

(8) Croupier 

(9) Approver of Credit; or 

(10) Custodian of gambling devices 

including persons with access to 

cash and accounting records within 

such devices; 

(b) If not otherwise included, any other 

person whose total cash compensation is 

in excess of $50,000 per year; or 

(c) If not otherwise included, the four most 

highly compensated persons in the gaming 

operation. 

2. Primary manaqement official means 

(a) The person having management 

responsibility for a management contract; 

(b) Any person who has authority: 

(1) To hire and fire employees; or 

(2) To set up working policy for the 

gaming operation; or 

(c) The chief financial officer or other 

person who has financial management 

responsibility. 

B. Application Forms 

1. The following notice shall be placed on the 

application form of a key employee or a primary management official 

before that form is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the following 

information is provided: solicitation of the information 

on this form is authorized by 25 U.S.C. S2701 et seq. 

The purpose of the requested information is to determine 

the eligibility of individuals to be employed in a gaming 
operation. The information will be used by ~ational 

Indian Gaming Commission members and staff who have need 

for the information in the performance of their official 

duties. The information may be disclosed to appropriate 

Federal, Colusa Indian Community Council, State, local, 

or foreign law enforcement and regulatory agencies when 

relevant to civil, criminal or regulatory investigations 

or prosecutions, or when pursuant to a requirement by a 

tribe or the ~ational Indian Gaming Commission in 

connection with the hiring or firing of an employee, the 

issuance or revocation of a gaming license, or 

investigations of activities while associated with a 

tribe or a gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in a 

tribe's being unable to hire you in a primary management 

official or key employee position. 

The disclosure of your Social Security Number (SSN) is 

voluntary. However, failure to supply a SSN may result 

in errors in processing your application. 

2. Existing key employees and primary management 

officials shall be notified in writing that they shall either: 

a. Complete a new application form that contains a 

Privacy Act notice; or 

b. Sign a statement that contains the Privacy Act 

notice and consent to the routine uses described in 

that notice. 

3. The following notice shall be placed on the 

application form for a key employee or a primary official before 

that form is filled out by an applicant: 

A false statement on any part of your application 

may be grounds for not hiring you, or for firing 

you after you begin work. Also, you may be 

punished by fine or imprisonment. 

(18 U.S.C. S1001). 

4. The Colusa ~ndian Community council or its 

designated gaming regulatory agency shall notify in writing 

existing key employees and primary management officials that they 

shall either: 

a. Complete a new application form that contains a 

notice regarding false statements; or 

b. Sign a statement that contains the notice regarding 

false statements. 
C. Backqround Investiqations 

1. The Colusa Indian community Council or its 

designated gaming regulatory agency shall request from each primary 

management official and from each key employee all of the following 

information: 

a. Full name, other names used (oral or written), 

Social Security nurnber(s), birth date, place of 

birth, citizenship, gender, all languages spoken or 

written; 

b. Currently and for the previous five years: all 

business and employment positions held, ownership 

interests in those businesses, business and 

residence addresses, and drivers license numbers; 

c. The names and current addresses of at least three 

personal references, including one personal 

reference who was acquainted with the applicant 

during each period of residence listed under 

paragraph (l)(b) of this Subsection; 

d. Current business and residence telephone numbers; 

e. A description of any existing and previous business 

relationships with 1ndian Colusa Indian community 

Councils, including ownership interests in those 

businesses; 

f . A description of any existing and previous business 

relationships with the gaming industry generally, 

including ownership interests in those businesses; 

g. The name and address of every licensing or 

regulatory agency with which the person has filed 

an application for a license or permit related to 

gaming, whether or not such license or permit was 

granted; 

h. For each felony for which there is an ongoing 

prosecution or a conviction, the charge, the name 

and address of the court involved, and the date and 

disposition if any; 

i. For each misdemeanor conviction or ongoing 

misdemeanor prosecution (excluding minor traffic 

violations) within ten years of the date of the 

application, the name and address of the court 

involved and the date and disposition; 

j. For each criminal charge (excluding minor traffic 
charges), whether or not there is a conviction, if 

such criminal charge is within ten years of the 

date of the application and is not otherwise listed 

pursuant to paragraph ( 1) (h) or ( 1 ) ( i ) of this 

Subsection, the criminal charge, the name and 

address of the court involved and the date and 

disposition; 

k. The name and address of each licensing or 

regulatory agency with which the person has filed 

an application for an occupational license or 

permit, whether or not such license or permit was 

granted; 

1. A current photograph; 

m. Any other information the Colusa Indian Community 

Council may deem relevant under the circumstances; 

and 

n. Fingerprints consistent with procedures adopted by 

the Colusa Indian Community Council in accordance 

with 25 C.F.R. §522.2(h). 

2. The Colusa Indian Community Council or its 

designated gaming regulatory agency shall conduct an investigation 

sufficient to make a determination under subsection D. below. In 

conducting a background investigation, the Colusa 1ndian Community 

Council or its agent(s) shall promise to keep confidential the 

identity of each person interviewed in the course of the 

investigation. 

The Colusa Indian Community Council or its designated 

gaming regulatory agency shall review a applicant's prior 

activities, criminal record, if any, and reputation, habits and 

associations to make a finding concerning the eligibility of a key 

employee or primary management official for employment in a gaming 

operation. If the Colusa Indian Community Council or its 

designated gaming regulatory agency determines that employment of 

the person poses a threat to the public interest or to the 

effective regulation of gaming, or creates or enhances dangers of 

unsuitable, unfair, or illegal practices and methods and activities 

in the conduct of gaming, the gaming operation shall not employ 

that person in a key employee or primary management official 

position. 

E. Procedures for ~orwardinq ~pplications and Reports for 

Key Em~loyees and Primary Manaaement Officials to the 

National Indian Gamins Commission 
1. When a key employee or primary management official 

begins work at a gaming operation authorized by this 

Ordinance, the Colusa Indian Community Council or its 

designated gaming regulatory agency shall forward to the 

National Indian Gaming Commission a completed application 

for employment and conduct the background investigation 

and make the determination referred to in Subsection D of 

this Section. 

2. The Colusa Indian Community Council or its 

designated gaming regulatory agency shall forward the 

report referred to in Subsection F of this Section to the 

National Indian Gaming Commission within 60 days after an 

employee begins work or within 60 days of the approval of 

this Ordinance by the Chairman of the National Indian 

Gaming Commission. 

3. The gaming operation shall not employ as a key 

employee or primary management official a person who does 

not have a license after 90 days. 

F. Report to the National Indian Gaminq Commission 

1. Pursuant to the procedures set out in Subsection E 

of this Section, the Colusa Indian Community Council or its 

designated gaming regulatory agency shall prepare and forward to 

the National Indian Gaming Commission an investigative report on 

each background investigation. An investigative report shall 

include all of the following: 

a. Steps taken in conducting the background 

investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. The bases for those conclusions. 

2. The Colusa Indian Community Council or its 

designated gaming regulatory agency shall submit, with the report, 

a copy of the eligibility determination made under Subsection D of 

this Section. 

3. If a license is not issued to an applicant, the 

Colusa Indian Community Council or its designated 

gaming regulatory agency: 

a. Shall notify the National Indian Gaming 

Commission; and 

b. May forward copies of its eligibility 
determination and investigative report (if 

any) to the National Indian Gaming Commission 

for inclusion in the Indian Gaming Individuals 

Records System. 

4. With respect to key employees and primary management 

officials, the Colusa Indian Community Council or its designated 

gaming regulatory agency shall retain applications for employment 

and reports (if any) of background investigations for inspection by 

the Chairman of the National Indian Gaming Commission or his or her 

designee for no less than three (3) years from the date of 

termination or denial of employment. 

G. Grantins a Gaminq License 

1. If, within a thirty (30) day period after the 

National Indian Gaming Commission receives a report, the ~ational 

Indian Gaming Commission notifies the Colusa Indian Community 

council or its designated gaming regulatory agency that it 'has no 

objection to the issuance of a license pursuant to a license 

application filed by a key employee or a primary management 

official for whom the Colusa 1ndian Community Council or its 

designated gaming regulatory agency has provided an application and 

investigative report to the National Indian Gaming Commission, the 

Colusa Indian Community Council or its designated gaming regulatory 

agency may issue a license to such applicant. 

2. The Colusa Indian community Council or its 

designated gaming regulatory agency shall respond to a request for 

additional information from the Chairman of the ~ational ~ndian 

Gaming Commission concerning a key employee or a primary management 

official who is the subject of a report. Such a request shall 

suspend the 30-day period under Subsection G. 1. of this section 

until the Chairman of the National Indian Gaming omm mission 

receives the additional information. 

3. If, within the thirty (30) day period described 

above, the National Indian Gaming Commission provides the Colusa 

Indian Community Council with a statement itemizing its 

objection(s) to the issuance of a license to a key employee or to 

a primary management official for whom the Colusa Indian Community 

Council or its designated gaming regulatory agency has provided an 

application and investigative report to the ~ational Indian Gaming 

Commission, the Colusa Indian Community Council or its designated 

gaming regulatory agency shall reconsider the application, taking 

into account the objection(s) itemized by the National Indian 

Gaming Commission. The Colusa Indian Community Council shall make 

the final decision whether to issue a license to such applicant. 

H. License Suspension 

1. If, after the issuance of a gaming license, the 
Colusa ~ndian Community Council or its designated gaming regulatory 

agency receives fromthe National Indian Gaming Commission reliable 

information indicating that a key employee or a primary management 

official is not eligible for employment under Subsection D above, 

the Colusa Indian Community Council or its designated gaming 

regulatory agency shall suspend such license and shall notify in 

writing the licensee of the suspension and the proposed revocation. 

2. The Colusa Indian Community Council or its 

designated gaming regulatory agency shall notify the licensee of a 

time and a place for a hearing on the proposed revocation of a 

license. 

3. After a revocation hearing, the Colusa Indian 

Community Council or its designated gaming regulatory agency shall 

decide whether to revoke or to reinstate a gaming license. The 

Colusa Indian Community Council shall notify the National Indian 

Gaming Commission of its decision. 

VIII. Licensinq of Gamins Places, Facilities and Locations 

A separate license shall be required for each place, facility, 

or location on Indian lands where Class I1 and/or Class I11 gaming 

is to be conducted on the Colusa Indian Reservation. 

IX. Creation of Colusa Indian Community Council Gamina Commission 

A. There is hereby created the Colusa Indian Community 

Council Gaming Commission, which shall consist of three persons who 

would themselves qualify for licensing under this Ordinance. 

B. The members of the Colusa Indian Community Council Gaming 

Commission shall be appointed by the Colusa ~ndian Community 

Council, and shall not be removed during their terms of office 

except for misconduct, neglect of duties or other acts that would 

render such persons unqualified for licensure hereunder. An 

affirmative vote of at least four members of the Colusa Indian 

Community Council, taken in an open meeting after a duly-noticed 

hearing at which the member charged with misconduct shall have the 

right to hear and present evidence concerning his/her removal, 

shall be required to remove a member of the Commission. At the 

request of the member whose removal is at issue, the hearing may be 

held in executive session. The Colusa Indian Community Council 

also may elect to receive in executive session any evidence public 

disclosure of which might compromise any on-going law-enforcement 

investigation, or which might jeopardize any privilege or immunity 

possessed by the Colusa Indian Community Council. 

C. There shall be a Chairperson of the Colusa Indian 

Community Council Gaming Commission, who shall be appointed for a 

term of two years. The remaining members of the Commission shall 

be appointed for terms of one year. The Community Council shall 
determine and authorize the compensation to be paid to members of 

the Colusa Indian Community Council Gaming Commission based upon 

the Community Council's determination of the time required to be 

expended upon Comrnission duties and the qualifications of the 

appointed Commissioners. 

D. The Colusa Indian community council ~aming Commission 

shall be authorized and hereby is directed to promulgate, subject 

to review and approval by the community council, detailed and 

comprehensive regulations for the implementation and enforcement of 

this Ordinance. Said regulations shall describe and establish the 

rules for each specific Class I1 and Class I11 gaming activity to 

be authorized to be conducted on the Colusa ~ndian ~eservation, and 

no form of such gaming may be conducted on the Colusa 1ndian 

~eservation without prior approval by the Colusa 1ndian community 

Council Gaming Commission. pending approval of the Colusa 1ndian 

Community Council Gaming Commission's regulations by the Colusa 

Indian Community Council, any interim regulations that the Colusa 

Indian Community Council may adopt shall govern gaming on the 

Colusa Reservation. 

E. The Colusa Indian Community Council ~aming omm mission, 

independent of the Community Council, shall have full authority to 

monitor compliance with this Ordinance and its ~egulations, and to 

investigate and act to prevent any violation(s) thereof. 

F. Subject to the approval of the Community council and the 

appropriation of funds therefor, the Colusa Indian community 

Council Gaming Commission shall be authorized to employ such staff 

as reasonably may be required to fulfill its responsibilities under 

this Ordinance. Compensation of Commission employees shall be 

limited to that which is comparable to compensation paid to persons 

performing similar duties in other governmental gaming regulatory 

agencies. 

G. Subject to the approval of the community Council, the 

Colusa Indian Community Council Gaming Commission hereby is 

authorized to establish and impose upon gaming facilities, 

permittees, applicants and licensees such application, permit and 

license fees as may be necessary to fully reimburse the Colusa 

Indian Community Council for its actual costs of operating the 

Colusa Indian Community Council ~aming omm mission, enforcing this 

Ordinance and Colusa Indian Community council Gaming commission 

regulations, processing of licensing and permit applications, and 

otherwise fulfilling its regulatory responsibilities under IGRA. 

All such fees shall be collected by the Colusa ~ndian Community 

Council Gaming Commission and hereby are continuously appropriated 

solely for the purposes enumerated in this Subsection. 

H. Failure to timely pay any gaming-related fee imposed by 

the Community Council or the Colusa ~ndian Community council Gaming 

Commission, or to comply with any Commission regulation or order, 
or any other violation of this Ordinance or the terms of any Class 

I11 gaming compact authorizing and regulating gaming on the Colusa 

Indian Reservation, shall be grounds for suspension or revocation 

of any license or permit issued pursuant to this Ordinance, 

exclusion of any non-member of the Colusa Indian Community from the 

Colusa Indian Reservation, and imposition of such other sanctions 

as the Colusa Indian Community Council Gaming Commission may deem 

appropriate. 

I. Any person or entity subject to any sanction or penalty by 

the Colusa Indian Community Council Gaming Commission shall have 

the right to appeal such sanction or penalty to the Community 

council in accordance with such rules and regulations as may be 

promulgated by the Community Council for that purpose. The 

decision of the Community Council on any appeal shall be final and 

not otherwise reviewable. 

X. Repeal 

To the extent that they are inconsistent with this ordinance, 

all gaming ordinances previously enacted or amended by the Colusa 

Indian Community hereby are repealed. 

CERTIFICATION 

This is to certify that the foregoing ordinance was adopted on 

Aplri-1 27,1994 , at a duly-called meeting of the Colusa Indian 

Community Council at which a quorum was present, by a vote o 

in favor, - 0 opposed and -0- abstaining. 

Dated: Aplril 27,1994 - Secretary