September 19,2008 

Ernest Mirabal, Governor 

Pueblo of Nambe 

Route 1 Box 117-BB 

Santa Fe, NM 87506 

Fax: (505) 455-2038 

Re: Pueblo of Namb6 gaming ordinance amendment 

Dear Governor Mirabal, 

This letter responds to your request that the National Indian Gaming Commission 

(MGC) Chairman review and approve the Pueblo of NambC (Tribe) Third Amended 

Gaming Ordinance (Ordinance), enacted by the Pueblo of Narnbk Tribal. Council in 

Resolution # NP-2008-2 1 on June 18,2008. The Ordinance is consistent with the 

xequirements of the Indian Gaming Regulatory Act (IGRA) and the NIGC's regulations. 

Accordingly, the Ordinance is hereby approved. 

The Ordinance's definition of Lands was amended to include a specific site 

identified as Tract 1 .' The legal land description of Tract I is as follows: 

AIl that part of the Cuyamungue Grant, projected Section 28, T. 19 N., R. 

9 E., N.M.P.M., Santa Fe County, New Mexico, which said part may be 

more particularly described as follows: 

Beginning at a Brass Gap marking the Southwest corner of the Nambe 

Pueblo Grant, thence S. 50" 34' 12" W., 227.01 feet; thence, N. 26" 41 ' 

45" W., 193.88 feet; thence, N. 23" 44' 43" W., 24.76 feet; thence S. 58" 

47' 12" W., 375.86 feet; thence, N. 19" 19' 05" W., 285.97 feet; thence, 

N. 70" 52' 46" E., 162.97 feet; thence, N. 18" 54' 09" W., 300.75 feet; 

I The Pueblo of Nambe lhrd Amended Gaming Ordinance defines "Lands" as "all lands witlun the 

exterior boundaries of the Pueblo of Nambe including rights-of way, lands owned by or for the benefit of 

the Pueblo, allotted lands, tribally purchased lands, and lands that may be leased by the Pueblo of NambC, 

and Narnbe Pueblo Reservation lands that qualify for gaming under the IGRA, including in particular, all or 

any portion of those certain Narnbi: Pueblo Reservation lands identified as Tract 1 on Exhibit A hereto, 

which lands were taken into trust on August 20, 1997, were declared reservation lands by proclamation of 

September 3, 1999, Vol64 Fed. Rec. 49 8 19 (September 14, 1999), and which are adjacent to Nambt 

Pueblo Grant lands over which the Pueblo and the United States having continuously exercised "Indian 

Country" jurisdiction since 19 13, whlch Tract 1 lands qualify for gaming under the IGRA per 25 U.S.C. 

9 27 19(a)(l)." PuebIo of Nambi Thud Amended Gaming Ordinance, as amended by the Narnbt Tribal 

Resolution #NP-2008-2 1, Chapter 1, Section 1.04(M). 

WAnONAL HEnoquAfXERS 1441 L St NW, Suite 9100. Washington. DC 20005 Tel: 202.632 7003 Fax: 202 632.7066 WWW.NlCC.GOV 

REGIONAL OFFICES Portland, OR; Sacramento. C4; Phoenix. AZ; St. Paul. MN: Tulsa. OK 
thence, N. 54" 26' 16" W., 232.13 feet; thence, N. 63" 23' 49" W., 330.82 

feet; thence, N. 19" 18' 16" W., 136.88 feet; thence, N. 76" 23' 41" E., 

5.56 feet; thence, N. 52" 18' 37" W., 4.58 feet; thence, N. 50" 36' 13" W., 

269.58 feet; thence, N. 73" 06' 30" W., 137.86 feet; thence, N. 19" 07' 

33" W., 55 1 -44 feet; thence, N. 70' 52' 26" E., 30.00 feet; thence, N. 19" 

07' 33" W., 200.00 feet; thence, S. 70" 52' 26" W., 30 feet; thence, N. 19" 

07' 33" W., 484.80 feet; thence, N. 84" 40' 48" E., 331.86 feet; thence, S. 

30" 42' 08" E., 232.84 feet; thence, S. 35" 15' 06" E., 437.54 feet; thence, 

S. 7 1 " 49' 06" E., 243.6 1 feet; thence, S. 89" 54W6" E., 90.32 feet; 

thence, N. 86" 12' 19" E., 221.26 feet; thence, S. 00" 01' 55" E., 107.03 

feet; thence, S. 89" 41' 25"E., 660.00 feet; thence, S. 00°03' 00'' W., 

903.88 feet; thence, 5. 00" 08' 40" E., 657.55 feet to the point and place of 

beginning. Being and intended to be "Tract 1" as shown on plat of survey 

entitled, "Lot Line Adjustment Plat Prepared for Pueblo of Pojoaque 

Showing Lands within the Cuyamungue Grant, Projected Section 28, 

TI 9N, R9E, N.M.P.M. Santa Fe County, New Mexico," prepared by 

Edward M. Tmjillo, N.M.P.L.S. # 12352, dated 15 February 1996, as File 

# 2843/DIV2, and recorded as Document No. 935,672 in Plat Book 327, 

Page 033, records of Santa Fe County, New Mexico. 

Because the definition references Tract 1, which was acquired into trust on 

August 26, 1997, the proposed definition requires me to determine the applicability of 

TGRA's general prohibition against gaming on lands acquired into trust after October 17, 

1 988.25 U.S.C. (j 27 19. If the prohibition applies, the Ordinance wouId pwpost to 

authorize gaming where IGRA prohibits it, and E would have to disapprove the 

Ordinance. Based on my review, however, 1 conclude that the prohibition does not apply 

because Tract 1 is contiguous to the Pueblo's reservation and, therefore, eligible for 

Indian gaming. 

Applicable Law 

IGRA permits gaming only on Indian lands. 25 U.S.C. $5 271 O@)(l), (2); 

27 1 O{d)(l), (2). Indian lands is defined as: 

(A) all Iands within the limits of any Indian reservation; and 

(B) any lands title to which is either held in tmst by the United States for the 

benefit of any Indian tribe or individual or held by any Indian tribe or 

individual subject to restriction by the United State against alienation and over 

which an Indian tribe exercises governmental power. 

25 U.S.C. 9 2703(4). The NIGC's implementing regulations clarify: 

Indian lands means: 

(a) Land within the limits of an Indian reservation; or 
(b) Land over which an Indian tribe exercises governmental power and that is 

either - 

(1) Held in trust by the United States for the benefit of any Indian tnbe 

or individual; or 

(2) Held by an Indian tribe or individual subject to restriction by the 

United States against alienation. 

25 C.F.R. 5 502.12. 

OR September 3,1999, the Secretary of the Department of the Interior proclaimed 

Tract 1 to he a seservation. 64 Fed.Reg. 498 19 (Sept. 14, 1999). As such, the land meets 

the definition of Indian lands. 

Application of 25 U.S.C. 3 2719 

A determination of whether Tract 1 qualifies as Indian lands is not the end of the 

inquiry. IGRA generally prohibits gaming on lands acquired in trust aRer October 17, 

1998, unless one of the statute's exceptions apply. 25 U.S.C. 5 27 19. Accordingly, for 

Iands taken into trust afier October 17, 1988, it is necessary to review the prohibition and 

its exceptions to determine whether a tribe can conduct gaming on such lands. 

Section 27 19 states: 

. . .gaming regulated by this chapter shalI not be conducted on lands acquired by 

the Secretary in trust for the benefit of an Indian tribe after October 17, 1988, unless - 

(1) such lands are located wi'chin or contiguous to the boundaries of the 

reservation of the Indian tribe on October 17, 1988. 

25 U.S.C. 5 271 9(a3 and (a)(l). It is my opinion that the prohibition does not apply, 

however, because the land is located contiguous to the boundaries of the Tribe's 

reservation as it existed on October 17, 1988.25 U.S.C. § 2719(a)(l). 

Contipous is defined as: "In close proximity; neighboring; near in succession; in 

actual dose contact; touching at a point or along a boundary; bounded or traversed by.'' 

Black's Law Dictionary 320 (6Ih ed. 1990). The Department of the Interior has also 

adopted a similar definition for purposes of acquiring land into trust. The Department's 

recently published regulations pertaining to 2719 define contiguous as, "two parcels of 

land having a common boundary notwithstanding the existence of non-navigabl e waters 

or a public road or right-of-way and incrudes parcels that touch at a point." 25 C.E.R. ?$I 

292.2. Tract 1 shares a common boundary with the Tribe's reservation. Consequently, 

Tract 1 is contiguous to the Tribe's reservation and the 4 2719 prohibition does not apply. 

The Department of the Interior concurs with this opinion. 
Based on our review of the submitted ordinance and the tribal land information, 

Tract I is Indian land within the meaning of IGRA. Because Tract 1 is contiguous to the 

Tribe's original reservation, the general prohibition against gaming on land acquired after 

October 17, 1988, does not apply. As the Ordinance otherwise is consistent with the 

requirements of IGRA and NIGC regulations, it is approved. 

Thank you for submitting the Pueblo of NamM Third Amended Gaming 

Ordinance for my review and approvd. The NIGC staff and I look forward to working 

with you and the Tribe on future gaming matters. 

Chairman 

cc: Peter Chestnut, Attorney for the Pueblo of Nambk