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June 21, 2010
By First Class Mail

Donald L. Kilgore, Attorney General
Mississippi Band of Choctaw Indians
P.O. Box 6258

Choctaw, MS 39350

Re: Mississippi Band of Choctaw Indians gaming ordinance amendment
Dear Mr. Kilgore:

This letter responds to your request to review and approve an amendment to Title
XV of the Mississippi Band of Choctaw Indians Tribal Code, the Band’s gaming
ordinance. The amendment was adopted by Tribal Council Ordinance No. 16-PPPP on
April 13, 2010, submitted to the NIGC on May 17, 2010, and changes only the funding
limits for the Band’s gaming commission.

This amendment satisfies the requirements of IGRA and NIGC regulations, and
this letter constitutes my approval of it. Thank you for your submission. The NIGC staff
and I look forward to working with you on future gaming issues. If you have any
questions, please do not hesitate to contact Dawn Sturdevant Baum, Staff Attorney, at
202-632-7003.

Sincerely,

am 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

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MISSISSIPPI BAND OF CHOCTAW INDIANS
ORDINANCE NO. 16-PPPP
AN ORDINANCE AMENDING TITLE XV OF THE TRIBAL CODE

WHEREAS, the Revised Constitution and Bylaws of the Mississippi Band of Choctaw
Indians, Article VIII, Sections 1 (c) and (0), empowers the Tribal Council to “establish
procedures for the conduct of all tribal government and business operations” and
“establish policies relating to tribal economic affairs;” and

WHEREAS, by Ordinance No. 40, this Tribal Council has authorized Class III gaming
with appropriate regulation, and

WHEREAS, by Ordinance No. 16-O, 16-R, 16-V, and 16-OOOO, this Tribal Council
amended the Tribal Code by adding and amending Title XV, Chapter 1, which created
the Choctaw Gaming Commission, Chapter 2, which authorized the Choctaw Gaming
Commission to regulate Class II gaming (bingo and related games and certain card
games), and Chapter 3, which described regulation’ of casino-type games on the
reservation, in full accord with the IGRA; and

WHEREAS, this Tribal Council does now desire to amend Title XV to amend Choctaw
Tribal Code Section 15-1-11, Funding, and now therefore be it

ENACTED, that the Tribal Council does hereby replace Section 15-1-11 of Title XV,
Funding with an amended Section 15-1-11 Title XV, to the Tribal Code to read as
follows:

§15-1-11 Funding

(1) | The Commission shall annually adopt and assess a fee upon the gross
revenue of all licensed gaming entities not to exceed two percent (2%) for
the purpose of paying costs incurred in carrying out its specific
investigative oversight and operational responsibilities. Assessments must
be duly recorded and filed for audit purposes. The fee assessed pursuant
to this section shall be payable monthly and shall be in addition to any
fee(s) required to be paid by licensees to the National Indian Gaming
Commission.

(2) No monies may be expended by the Commission until a budget has been
submitted for review and approval by the Tribal Council. All Commission
operating revenues and expenditures must be reviewed by the Tribal Chief
or his designate for conformance with standard tribal administrative
financial procedures.

My


Ordinance 16-PPPP,
Page 2

(3) | Any Commission funding needs and expenditures beyond two percent of
gross revenues of gaming activities licensed by the Commission must be
submitted to the Tribal Chief for Tribal Council review, approval, and
appropriation in amounts necessary for the operation of the Commission.
Residual funds collected in excess of expenditures shal! be returned to the
Tribal Council to be deposited into the tribal general fund at the end of the
tribe’s fiscal year.

(4) For purposes of this section, “gross revenues” means total amount of
money wagered less amounts paid out as prizes or paid for prizes awarded.

And Be Further,

ENACTED, that Section 15-1-11, Title XV, shall become effective upon approval of this
Ordinance.

CERTIFICATION

I, the undersigned, as Secretary-Treasurer of the Mississippi Band of Choctaw Indians,
certify that the Tribal Council of said band is composed of 17 members, 16 of whom,
constituting a quorum were present at a Regular meeting duly called, noticed, convened
and held this 13" day of April, 2010; and that the foregoing Ordinance was Enacted by a
vote of 12 members in favor, 4 opposed and 0 abstaining.

Dated this 13" day of April, 2010.

ATTEST:

Pod. OS

Lola Parkerson, Secretary-Treasurer