'I-,-, JUL .3 L'.;;I 

Leon D. Jones, Principal Chief 

Eastern Band of Cherokee Indians 

P.O. Box 455 

Cherokee, NC 28719 

Re: Request for Approval of an~mendment to the Tribal Gaming Ordinance 

- 

Dear Chief Jones: 

This letter responds to your request to the National Indian Gaming Commission (NIGC) 

to review and approve an amendment to the Eastern Band of Cherokee Indians Gaming 

Ordinance, which was submitted on April 30, 2001. The Tribal Council, by Ordinance 

No. 431 on October 25, 2000, adopted the amendment to the original ordinance that 

was approved by the Chairman of the NIGC on May 31, 1994, and subsequently 

amended on October 24, 1996, and on December 8, 1998. 

This letter constitutes approval, under the Indian Gaming Regulatory Act, of the amendment 

set forth in Tribal Gaming Ordinance No. 431. 

Thank you for submitting the amendment to the tribal gaming ordinance for review and 

approval. 

Sincerely yours, 

Montie R. Deer 

Chairman 

ct cc: Patrick Lambert, Tribal Gaming Commission 

David Nash, Attorney General 
TABLED 

AMENDED 

PASSED 

Cherokee Council House 

Cherokee, Qualla Boundary (NC) 

Date: SEP 0 7 2000 

OCT 11 2000 

ORDINANCE NO. 43 1 (2000) 

WHEREAS the Cherokee Tribal Garning Cornrnission is hnded by a percentage of gaming 

revenues, up to a maximum amount; and 

WHEREAS the Gaming Commission was originally hnded at a rate of 0.33 percent with a cap of . -- - 

but that was changed by Resolution No. 93 (1997) and by mutual agreement of 

Harrah's NC Casino Company, L.L.C. and the Eastern Band of Cherokee, with the 

- 

approval of the National Indian Gaming Commission, to 0.66 percent with a cap of - 

. and 

WHEREAS the Cherokee Code needs to be amended to be consistent with that approved change. 

NOW THEREFORE BE IT ORDAINED by the Tribal Council of the Eastern Band of 

Cherokee Indians in Council assembled, at which a quorum is present, that Section 

16 -2.13 of the Cherokee Code is hereby amended as follows: 

Sec. 16-2.13. Budget. 

The Commission shall establish a budget for its operations. It shall acquire such fiunishings, 

equipment, supplies, stationery, books and other items as it deems necessary or desirable to 

carry out its hnctions, and incur such other expenses, within the limit of hnds available to 

it, as it deems necessary. Such Commission budget shall be fbnded as an operating expense 

of the gaming enterprise with two-thirds . - cmetbkd ..- - of one . .. percent of the gross gaming 

revenue (win) but not more than _ _ .. in any 12-month period to be 

paid to the Commission. Any surplus remaining in the Commission's budget at the end of 

any budget year shall be refbnded to the gaming enterprise. The Commission shall establish 

an internal budget which shall not exceed the cap earlier listed. If'the Commission's budget . . . . - 

needs exceed ' for any year, Commission shall seek or obtain 

additional hnds from the Council. 

BE IT FURTHER ORDAINED THAT all prior resolutions and ordinances that are inconsistent 

with this ordinance are hereby rescinded. 

Page 1 of 2 
BE IT FURTHER ORDAINED THAT this ordinance shall be effective upon ratification by the 

Principal Chief 

Submitted by Office of the Attorney General 

Page 2 of 2 
Amendment to Ordinance No. 431,(2000) . . - 

Add the following provisions: - 

WHEREAS a technical amendment to Cherokee Code Chapter 16, Article XIII, Sections 16- 

13.0 1 through 16- 13.04 (UCC Ordinance For Tribal Casino Gaming Enterprise) is needed 

to bring the Code provisions into conformance with the original intent of the Tribal 

Council in enacting that law; 

BE IT FURTHER ORDAINED that all references to "this chapter" in Sections 16-1 3.0 1 through 

16-1 3.04 of the Cherokee Code shall be corrected to read "this article" in conformity with 

the intent of the original ordinance. 

BE IT FMALLY ORDAINED that the citations to the enabling ordinance for Sections 16- 13.0 1 

through 16- 13.04 shall be corrected to refer to Ordinance No. 387 (1 996). 
The attached Resolution/Ordinance No. 431 dated September 7. 2000 was: 

PASSED ( X ) 

KILLED ( 1 ,, ,d ratified in open Council on October 1 1. 2000 by 81.5 , voting'for the act 

and 0 members voting against it as follows: 

I, 

+ 

TRIBAL COUNCIL CHAIRMAN 

, 

APPROVED (4 VETOED ( 1 

w 

VETO UPHELD ( ) VETO DENIED ( ) 

L 

VOTE 

Teresa McCoy 

Mary Thompson 

Jim Owle 

Brenda Norville 

Bob Blankenship 

Alan Ensley 

Dan McCoy 

Glenda Sanders 

Lany Blythe 

Carroll Parker 

Marie Junaluska 

Tommye Saunooke 

TOTAL 

I hereby certify that the foregoing act of the Council was duly: 

PASSED ( ) 

KILLED ( ) 

and ratified in open Council after the same has been interpreted by the Official Interpreter and 

has been fully and freely discussed. 

In testimony, whereof, I have hereunto set my hand and affixed the seal of the said Band 

of Indians. Superintendent, Cherokee Indian Agency. 

FOR 

X 

X 

X 

X 

X 

X 

X 

X 

X 

X 

81.5 

INTERPRETED ( ) 

AGAINST 

0 

ABSTAIN 

0 

ABSENT 

X 

X 

18.5