Picayune Rancheria

of the

THE PICAYUNE RANCHIERIA

OF THE

CHUKCHANSI INDIANS

RESOLUTION

NO.~OO/ -~S

Amending the Tribal Gaming Ordinance Pending at the NIGC

TO Limit the Waiver of Sovereign Immunity to

Specific Parties and for Specific Actions

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the Picayune Rancheria of the Chukchansi Indians is a sovereign federally

recognized tribe as established pursuant to Tillie Hardwick et. al. Vs. United

States, 1983 and

the Tribal Council of the Picayune Rancheria of the Chukchansi Indians is

authorized under Public Law 93-638, the Indian Self-Determination and

Education Assistance Act, and by the Tribal Constitution to act and exercise

Tribal Authority on behalf of the Picayune General Council; and

we, the duly elected Tribal Council of the Picayune General Council, invoking the

divine blessing of the Creator upon our efforts and purposes, in order to preserve

for ourselves and our descendants the inherent sovereign rights of our government

all rights secured under agreements with the United States, and all other rights and

benefits to which we are entitled under the laws and Constitution of the United

States, and to preserve our cultural values, and otherwise promote the welfare of

the Picayune General Council, do hereby establish and submit the following

resolution; and

the health, safety,~ welfare, education, economic and employment opportunity, and

preservation of cultural and natural resources are primary goals and objectives of

the Tribal Council; and

the Tribal Council is concerned that the sovereign immunity provisions in the

Tribes Gaming Ordinance are too broad and the Tribal Council desires to limit

the existing waivers of sovereign immunity within the Gaming Ordinance to

specific parties and for specific actions; and

NOW, THEREFORE BE IT RESOLVED, that the Tribal Council does hereby approve by

majority vote to amend the Tribal Gaming Ordinance in Title I, Section 4.7.5 to

read as follows:

Limited Waiver for Arbitration Actions With the passage of this Code, the Tribal

Commission and Tribal Council hereby expressly waive the sovereign immunity

of the Tribal Gaming Commission from arbitration actions, arising from

Management Contracts with the Management Contractor or from any Collateral

Agreement as per 25 C.F.R. § 502.5, and which are entered into by the Tribal

CHUKCHANSI INDIANS

46575 Road 417 Coarsegold, CA 93614 (559) 683-6633 FAX (559) 683-0599

~i
Commission in connection with the financing, development, management, and

operation of Gaming.

BE IT FURTHER RESOLVED THAT, the Tribal Council does hereby approve by majority

vote to amend the Tribal Gaming Ordinance in Title I, Section 4.8 to read as

follows:

Sovereign Immunity of the Tribe Except as expressly waived in this section

below, all inherent sovereign rights of the Tribe as a Federally-recognized Indian

Tribe, with respect to the existence and activities of the Tribal Council, are hereby

expressly reserved, including sovereign immunity from suit in any state, Federal

or Tribal court. The Tribe, however, does waive its sovereign immunity from

arbitration actions, and suit and judgment to compel or enforce arbitration, only to

the Management Contractor or in any Collateral Agreement as per 25 C.F.R. §

502.5 for disputes arising under Contracts entered into by the Tribe, the Authority

andlor the Tribal Council in connection with the financing, development,

management, and Operation of gaming.

CERTIFICATION

The Chukchansi Tribal Council of the Picayune Rancheria of the Chukchansi

Indians of California do hereby certify that the foregoing resolution was adopted

by the Tribal Council at a duly called meeting, at which a quorum was present on

7-a by a vote of ~ for, 0 against, and ~ abstentions.

/7-C7

Chairhian (1 Date

~17//(Yw;~ -4~ ~/~7 //

Acting Secretary Date