Disposition of Net Revenues. The Net Revenues derived from Gaming Activities
shall be deposited into a separate fund of the Nation and shall not be used for
purposes other than:

To fund Nation’s governmental operations and programs; °

To provide for the general welfare of the Nation and its members;

To promote tribal economic development;

To donate to charitable organizations; .

To fund the general reserve investment account for the Nation; provided that
the funding of governmental purposes stated in items 1-5 shall not exceed 85%
of the annual net revenues of the Casino; and

6. To fund a per capita investment fund for the benefit of tribal members, which
per capita fund shall be 15% of the annual net revenues of the Casino.

YRPYNS

EXHIBIT 2


G. Disposition of Net Revenues. The net revenues derived
from Gaming Activities shall be deposited into a separate fund of the

“WatIor ona quarterly basis and shall not be used for purposes other than:
1. To fund Nation governmental operations and programs;
2. To provide for the general welfare of the Nation and
its members; and

3. To promote tribal economic development.

EXHIBIT 1


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Me comm?

Karla Reimer

Council Secretary
Yavapai-Apache Nation
2400 W. Datsi Street

Camp Verde, Arizona 86322

RE: Yavapai-Apache Nation Amended Gaming Ordinance

Dear Ms. Reimer:

This letter is in response to your request for the National Indian Gaming Commission (NIGC)
to review and approve an amendment to the Yavapai-Apache Nation Gaming Ordinance
(Ordinance Amendment), Resolution No. 45-04, approved by the Tribal Council on May 19,
2004. This letter constitutes such approval under the Indian Gaming Regulatory Act (IGRA).
Itis important to note that the Ordinance Amendment is approved for gaming only on
Indian lands, as defined in the IGRA, over which the Tribe has jurisdiction.

Thank you submj
staff and’ I look fc
gaming issues.

ing the Ordinance Amendment for review and approval. The NIGC
ard to working with you and the Yavapai-Apache Nation on future

PXilip N. Hogen
‘Chairman

ce: Charley Laman, Attorney General

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 _ Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.Gov

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

WHEREAS:

RESOLUTION NO._“>'S_-04
OF THE GOVERNING BODY OF THE Up
YAVAPAI-APACHE NATION vv

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A Resolution Approving a New Revenue Allocation Plan
For Tribal Casino Revenues

The Yavapai-Apache Tribal Council (“Council”) is empowered
to represent the Yavapai-Apache Nation (“Nation”) and act on
all matters that concern the health and welfare of the Nation, and
to make decisions not inconsistent with or contrary to the
Constitution of the Yavapai-Apache Nation; and

The Yavapai-Apache Tribal Council (“Council”) is the legislative body of the
Yavapai-Apache Nation (“Nation”) and is empowered pursuant to Article V(k) of
the Constitution of the Nation to appropriate and regulate the use of Tribal funds;
and

The Nation owns the Cliff Castle Casino which is chartered as one of the Nation’s
Enterprises and under the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C.
2701 et sec. Specifically pursuant to 25 U.S.C. 2710(b)(3) of IGRA the Nation
through its legislative body can determine how to allocate the revenues from the
Casino, and have done so in the Tribal Gaming Ordinance presently filed with
the National Indian Gaming Commission (“Commission”) and have revenues
allocated at Section 9(g) of said document, a copy of which is attached hereto as
Exhibit 1 of this resolutions; and

The Nation is presently interested in pursuing a per capita payment which will
require that the Nation address the language of Section 9(g) of its current Tribal
Gaming Ordinance and amend the same to allow for a different allocation of
revenues; and

The Nation will have amend its Tribal Gaming Ordinance to include new
language as well as develop a revenue allocation plan, and the Nation believes
that the language contained in Exhibit 2 should be the language for the Revenue
Allocation Plan;

WHEREAS: The Net Revenues derived from Gaming Activities shall be deposited into a

wPwnr

separate fund of the Nation and shall not be used for purposes other than:

To fund Nation’s governmental operations and programs;

To provide for the general welfare of the Nation and its members;

To promote tribal economic development;

To donate to charitable organizations;

To fund the general reserve investment account for the Nation; provided that the


funding of governmental purposes stated in items 1-5 shall not exceed 85% of the
annual net revenues of the Casino; and

6. To fund a per capita investment fund for the benefit of tribal members, with 15%
of the Casino’s annual net revenue being distributed to the per capita investment
fund and the per capita investment fund shall pay two-thirds of the 15% of the
annual net revenue directly to the tribal members and the other one-third of the
15% of the annual net revenue being invested for future allocation.

NOW THEREFORE BE IT RESOLVED by the Yavapai-Apache Nation Tribal Council that
amends Section 9(g) of the Tribal Gaming Ordinance to delete the current language in Section
9(g), to wit, and insert the following language therein and republish the same; and

BE IT FURTHER RESOLVED that the Chairman is directed with the assistance of the
Attorney General to revise the current Tribal Gaming Ordinance on file to amend Section 9(g)
only to change the language to contain the language stated herein and as stated in Exhibit 1 and
obtain the Commission approval thereof; and

BE IT FURTHER RESOLVED that the Chairman is directed with the assistance of the
Attorney General to revise the current Tribal Gaming Ordinance on file to amend Section 9(g)
only to change the language to contain the language stated herein and as stated in Exhibit 1 and
obtain the Commissions approval thereof; and

BE IT FURTHER RESOLVED that the Chairman is directed with assistance of the
Treasurer/Finance Director and the Attorney General to commence drafting the Revenue
Allocation Plan utilizing the language stated herein as the proposed Revenue Allocation Plan and
to present a draft of the same for Tribal Council consideration and review; and

BE IT FURTHER RESOLVED that the Chairman is authorized to take all necessary actions to
see that Section 9(g) of the Tribal Gaming Ordinance is amended to include this Revenue
Allocation Plan without changing any other provisions of the current Tribal Gaming Ordinance
on file with the National Indian Gaming Commission and take all necessary actions to have a
draft of a Revenue Allocation Plan prepared and presented to Tribal Council by Jue <2 4 >
2004 for Council’s review.

CERTIFICATION
I hereby certify that the foregoing resolution was adopted by an affirmative vote of the
Tribal Council, presented for approval on Eines l Gj 2004, by a vote of in favor,
opposed and (abstaining, pursuant to futhority contained under the Constitution of

@ Yavapai-Apache Nation.

-

“Jamié Fullmer, Chairman ~
ATTEST:

4G Ven Covmos

Karla Remer, Covwenl STE tery