Jean Stacy 

President 

Lower Sioux Indian Community 

P.O. Box 308 

Morton, MN 56270 

Dear President Stacy: 

This letter is in response to your request for the National Indian Gaming 

Commission (NIGC) to review and approve an amendment to the Lower Sioux 

Indian Community (Community ) Gaming Ordinance (Ordinance) enacted via 

Resolution No. 08-51. The ordinance is consistent with the requirements of the 

Indian Gaming ReguIatory Act (EGRA) and NIGC's reguIations and is hereby 

approved. 

The amendment allows for Community Council (Council) members to I, 

serve in a policy oversight role over the non-regulatory operations of the gaming 

operation" as members of the gaming operation's board of directors. Amendment, 

art. VI(A). I understand that the amendment is meant to ensure that the policy and 

oversight roles of the gaming operation are filIed by tribal members with 

experience in such areas and that in a reIatively small community like Lower 

Sioux, there may be short supply of members with such experience. Therefore, it is 

reasonable for the Community to encourage members to act in dual roles. 

While I appreciate the practicality of the amendment, I am concerned that it 

may have the unintended effect of eroding the independence of the Tribal Gaming 

Commission (TGC). Essentially, the amendment allows the same members who 

appoint and remove regulators to create policy for the regulated operation. WhiIe 

there are a number of provisions that insdate the TGC from external controI, I 

note that the Council is the ody governmental body authorized to remove a 

gaming commissioner and that decision is unreviewable. Ordinance, art. VIIW). 

Should the Community ever wish to consider the matter further, the NIGC will be 

happy to provide any assistance you may require. 

*ranouAL HEADQUARTERS 1441 L St NW, 5ul:e 9100. Wash~ngton, DC20005 Tcl 201.632 7003 Fax 202.632.7066 www.nIcc.coW 

REGIONAL OFFICES Punland. OR, Sacram~ntn, CA, Phoen~x, AZ. St kvl, MN.Tulra, OK 
Thank you for your submission. If you have any questions, please contact 

Staff Attorney Jenrufer Ward at 202-418-4814. 
str-u!-zUVH fUt Oi : 53 PM LOWER SIOUX INDIAY COMM, FAX NO. 507 637 4380 3B 02 

P.O. Box 308 39527 Res. Hwy. 1 

Morn, ~irinesota 56270 rr. 

Cansayapi Qdurrwe I . . 

, - 

: HI 

I., Cv' LOWER SZQUX INDIAN COMMUNWY 

RESOLUTION NO. 08-133 

FURTHER AMEND GAMRKG Omi~mm AWD SUBMISSYOY TO THE 

NATIONAL INDIAN GnMmc COMMISSION 

WFERIEAS, The Lower Sioux Indian Community is a duly orgmized and federal1 yrecognized Indian Tribe under 25 U.S.C. 8 476, and is governed by the 

tern15 of a Constitution and By-Laws originally adopted by the Tribal 

Members an May 3 6, 1936, and approved by the Secretary of the Lnterior 

on April 23. 1 91.5; and, 

WHEREAS, piusuant to said Constit~m'on and Bylaws, the Community Cauncd is the 

governing body of the Lower Sioux Indian Cornmuniy, and 

WHEREAS, the Conam~mity Co~inciE has the authority, as enumerated in ARTICLE V 

-POWERS, including but not limited to: (a) To negotiate with the 

Federal. State? and local tiovemmmts on behalf of the Community? and to 

advise and consult with the representatives of the lateriar Department . . .; 

(h) To employ counsel for the protection and advancement of the rights of 

the Community md its mcmbcrs . . .;(c) To approve or veto any sde, 

disposition, lease, or encumbrance of community lands, inrerests in lands, 

or other conmunip assets; (4 To advise the Secretary of the Interior with 

regard to all appropriation estimates or Federal projects for 11-le benefit of 

the Comimity prior to he submission of such estimates to the Bmau of 

the Budp and to Congress; (e) To rnalce assisments of community land 

to members of the Community in confomity with lX of this 

Consiiturion; V) To mmage d economic affairs and enterprises of the 

Con~munity in accordance with the terms of a chmer . . .; (gj Ta 

appropriate for public purposes of the Lower Sioux Tndian Conm-mity 

availabIe funds within he exclusive control of the Comm uniiy; (h) To 

levy assessments upon members of the Comuniiy for the use of 

Conmimiry property and privileges, and to permit the performance of 

restmation labor in lieu &meof, and to lcvy; (i) To safeguhrd and proinate 

the peace, safety, morals. and general welfwe of the Community by 

regulating the conduct of +a& and the use md disposition of property 

upon the reservs~on . . . ; Ci) To establish ordinmces . . . ; (k) To regulate the 
~~~-UL-LUUB fut U1:53 Vfl LUWtK SIOUX IN9TAN CCMM. FAX NO, 507 3;7 4380 

manner of taking nominations for Comuniq officers and of holding 

community elesdons . . . : (OTo adopt resolutions regdating the procedure 

u f the Cornunity council itsel F and of other Community agencies and 

community oficials; (m) To encourage and foster the arts, crafts, 

traditions, and cuIture of the Mdedanton Siow Indians of Mimsota; 

(n) To charter s~~bordinate organizations for economic p,qases and to 

regdate the activities oaf all such orgmizsttions . . .; (o) To potect and 

preserve the property, wildlife and iaawal resources of the Community; 

@) To delegate to subordinate boards, or community officials, or to 

cooperative ssociatio~~c . . .; (g) To select delegates to sit in thc mud 

coderenee of the Minnesota Mdcwnkanton Sioux Indians and in the 

Naiond Council of the entire Sioux Nation; and, 

WHEREAS, on March 26,2006, tbe National Indian Gaming Commission, acting 

under the authority ofthe lndian Ganling Regulatory Act of I9RR,25 

U.S.C. 9 27 1 O(b)(l)(B), approved thc Lower Sioux Indian Community 

Oming Ordinance; and 

WHEREAS, the Community Council determined was in the best interests of the 

Community to amend &e Lower Sioux Gaming Ordinance Section VT 

repcling the Board of Directors; 

WHEREAS, the Community Council amended the Lower Sioux Gaming Ordinance 

Section VI in Resolution 08-5 1 and submitted rht: Resolution and 

amendments for approvzl to the Notiorla1 Indian Gamhg Commission in 

letter dated May 14,2008 from President Jem Stacy; and 

in response to the Community's request the Naiiond Indim Gaming 

Commission suggested one cl~ange requiring the Board of Directfirs to be 

subject: to the gaming licenswe requirements of a Primary Management 

Officials ~mder Ihe Lower Sioux Gdg Ordinance 

WHEREAS, the Cornunity Council adapted the suggested changes by amending the 

Lower Siow Gaming Ordinance in Resolution No. 08-1 32 which also 

replaced. revoked, superseded Resolution 08-51; and 

WHEREAS, Ore Comnunity Council has determined it ill the best interest: of the 

Community to make mer changcs to the Oaming Ordinance. 

NOW T~!TE1LX.RFURP, BE IT ORDAINED, the Community Council hercby adopts ae 

2tt2c,ched amendments to the Lower Sioux Gaming Ordinance a clear copy and a redlined 

copy attached and incorporated by reference. 

RE IT FURTHER OJRDAWEXI, the Cammurdy Co~mdl hereby authorizes the 

submission of fie athcl-~ed proposed amendments, incorporated by reference, to the 
str-u?-zcuu fl;k GI:54 Pi: LOLIE!? SIOUX INDIAN COMM, F9X NO. 507 637 4380 

Lower Sioux Gaming Ordinnnce to the Nation J Indian Gaming Commission for 

approval pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. 4 2701 et seq. 

I eerrify that Resolution No. 08- 133 WAS DULY ADOPTED BY THE Community 

Council orthe Lower Sioux lndian Community at n lneering held on the 28" day of July, 

200R,aquonrmbeingpresentbyavoteof -- 5 infavor, 0 opposed,and 

0 abstaining. C_- 

Assistant Secretary Treasurer 
*ILi LL LUUO I UI: u I 34 ~II LWW~K s lUf.lX INVI AN CGIM, FAX 110, 507 637 4380 

A. In addition to the Gmeral Manager for the facility, hre &dl established 

a Tribal Garnaming Bod a f Direciars whlcll shall scme in policy oversig1i.t 

role over t5e non-reg~datory operations of the gamin2 operation. In the 

event the Communiv entcrs inla a management contract approvecl by the 

NTGC, the Board may delegate some or dl duties to the aloproved 

management connactor. 

B- Tile Bonrd of Directors may consist of the Tribal CounciI with terms 

ccinciding with the terms of his or hcr office. The Board of Directors 

shall consist of no lesd illan time (3) mem bus and no more than five (5). 

Any member aflhe Board o18Direcpors that is not a Tribal Council 

Member shall senre ai I he leisure of the Tribal Council. 

C. The Bead af Direcrors may act in is oft'scial capacity even if there are 

vacancies on the Board of Directors. 

D, The Board of Directors shall perform the ,Tollowing duties: 

i. Approve non regnlatory policies for all departments of the gaming 

facilitv, whether managed by a tribal employee Or by an approved 

management contractor; 

%. 

11. Lnspect and examine on a periodic basis all books, records md 

papers of fie gaming Il'acility and any ather degslrtment within thc 

gaming facility; 

tii- Approve hours of operation for t?~e gming facility; 

iv. Approve wager limits, if not regulated by d~e Tribal / State Compact 

ar ather appIic;zble gaming regulation; 

v. Approve marketing plans; 

vi, Apprwe policies regding interviews, selection and training of the 

paning operation as we11 as other employees paid by ihe gaming L 

operaion; 

vii. Approve employee policies, rate of pay and hours or* work 

. . . wll. Approve an m~ml operating brtdget. This is subject to Cammuni-~y 

CounciI approval if no Comm~mily Council Members are sedg as 

the mqj~rrty of the Sod of Directors; 

ix. Review bids concerning the gaming operation and its departments; 

find 

x. Any other duties necegsary to monitor and oversee rhe policics of 

the gaming operation. 
sk!'-u!-LU~ IUt Glr54 PY iZWCR SIGIIX IN3IAN COMY, FAX NO. 5C!7 631 c350 

1. A member of the Board of Directors may be removcd for the 

fnfIowing: 

(i> neglect of dury; 

( ii) misconduct; 

(iii] malfeasance; 

(iv) any other act that would render the member unqualified as 

a rnem3er of the Board of Directors. 

2. Ifa member of the Board of Directors is rmnoved for reason and 

he or she is a Tribal Council Member, that positioq may remain 

vacm, provided acre is at least 3 members, or it may be filled by 

any other person. Removal li-om the Board of Directos shall not 

effect their position as an elected Tribal Council ,Member. 

E. Mernbas of the Board of Directors shnll be compensated such 

compensation shall be determined by the Community Coumcil.