MAR 30 2010

Darwin “Joe” McCoy, Chairman

Sault Ste. Marie Tribe of Chippewa Indians
523 Ashmun St.

Sault Ste. Marie, MI 49783

Dear Chairman McCoy:

This letter responds to your request for approval of an amendment to Chapter 42 of
the Tribal Code, the Tribe’s gaming ordinance. By final approval of Resolution No. 2010-
29, dated January 26, 2010, the Tribe amended its ordinance to include a specific parcel,
described in Section 42.801(3)(c), in the definitior. of Indian lands eligible for gaming.

The Federal District Court for the Western District of Michigan considered the
particular parcel described in the ordinance and held that it is eligible for gaming under the
“contiguous to a reservation” exception to the general prohibition of gaming on trust lands
acquired after 1988 found at 25 U.S.C. 2719(a)(1). Sault Ste. Marie Tribe v. United States,
576 F. Supp 2d 838 (W.D. Mich. 2008). As the ordinance is consistent with the
requirements of the Indian Gaming Regulatory Act (IGRA) and this agency’s regulations,
it is hereby approved.

Thank you for submitting the ordinance for review and approval. The NIGC staff
and I look forward to working with you and the Seult Ste. Marie Tribe on future gaming
issues. If you have any questions, please contact Staff Attorney Jennifer Ward at (202)
632-7003.

Sincerely,

George T. Skibine
Acting Chairman

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax 202.632.7066 Www.nicc.Gov

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Min Waban Dan

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Sault Ste. Marie
Michigan

49783

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RESOLUTION NO:_<0/0 - AG &y

AMENDING TRIBAL CODE: CHAPTER 42

NOW, THEREFORE, BE IT RESOLVED, that Tribal Code Chapter 42: is
amended as attached.

CERTIFICATION

We, the undersigned, as Chairman and Secretary of the Sault Ste. Marie Tribe of
Chippewa Indians, hereby certify that the Board of Directors is composed of 13
members, of whom _/*% members constituting a quorum were present at a
meeting thereof duly called, noticed, convened, and held on the 2% day of

\ Avt+4 2010; that the foregoing resolution was duly adopted at said
meeting by an @ffirmative vote of _/O members for, -2 members against,

© _ members abstaining, and that said resolution has not been rescinded or
amended in any way.

Darwif “Joe” McCoy, Chairman
Sault Ste. Marie Tribe of

Chippewa Indians Chippewa Indians



42.801 Permitted Activity.

Class II and III gaming conducted in conformity with this Chapter is permitted at
tribally owned licensed gaming establishments located on the following lands:

(1) Indian Lands as defined by the Indian Gaming Regulatory Act and Part
42.217 of this chapter, unless prohibited by 25 USC § 2719(a); or

(2) Indian lands acquired by the Secretary of the Interior in trust on or before
October 17, 1988; or

(3) land which is acquired by the Secretary of the Interior in trust for the benefit
of the Tribe after October 17, 1988 and the land:

(a) is located within or contiguous to the boundaries of the reservation as
they existed on October 17, 1988; or

(b) otherwise meets the requirements of 25 USC § 2719(b)(1) or (b)(2).

(c) Includes, but is not limited to, the parcel of Indian lands known as Lot
2, Section 19, Town 41 North, Range 3 West, and the South % of the
Southwest % of said Section 19, Town 41 North, Range 3 West,
lying Southerly of a line described as beginning at a point 650 feet
Northerly along the centerline of Mackinac Trail and South line of
Section 19, thence Northeasterly to the Southeast corner of the
Northwest % of the Souchwest % of Section 19, Town 41 North,
Range 3 West, Michigan Meridian, Michigan located at 3015
Mackinac Trail, St. Ignace, Michigan.