16.1.4 The Tribal Council shall investigate the matter and provide a response
to the petitioner within 45 days. A copy of the response shall be
provided to the National Indian Gaming Commission.

16.1.5 The response shall set forth the determination as to whether a
condition or mitigation measures is in violation of the Finding of No
Significant Impact and the Environmental Assessment related to the
Trust Acquisition of the Proposed Parcel or the Finding of No
Significant Impact related to the approval of a management contract
by the National Indian Gaming Commission. If a violation exists the
Tribal Council shall clearly state how the violation will be remedied
and the timeframe in which it must be remedied.

16.1.6 If the petitioner is not satisfied with the Tribe's response, it may seek
redress through the NIGC. If the NIGC concurs with petitioner’s
claim that a violation has occurred, the Tribal Council will provide to
the NIGC a report detailing how the violation will be remedied and the
timeframe in which it must be remedied within 15 days of receiving
notice from the NIGC.

16.2. Annual Mitigation Report. No later than January 31° of each calendar year the
Tribe shall prepare a report on the status and implementation of all required
mitigation measures as set forth in an Applicable FONSI or EA as of the close
of the preceding calendar year (the “Reporting Period”).

16.2.1 The Annual Mitigation Report shall set forth the following
information:

(a) a list of Applicable Mitigations fully implemented in the Reporting
Period;

(b) a list of Applicable Mitigations partially but not fully implemented
during the Reporting Period;

(c) a list of Applicable Mitigations that remain to be implemented,
including a description and timetable for their implementation.

16.2.2 A copy of the Annual Mitigation Report shall be filed with the office of
the NEPA compliance officer of the NIGC by January 31° of each
year.”; and

BE IT FURTHER RESOLVED, that the Tribal Chairperson is hereby authorized to execute all documents
necessary to implement this Resolution; and

BE IT FURTHER RESOLVED, that the language in the Mechoopda Indian Tribe of Chico Rancheria
Tribal Gaming Ordinance, including all Titles, shall in no way be construed as a waiver of the
Mechoopda Indian Tribe’s sovereign immunity; and

BE IT FURTHER RESOLVED, that the Tribe’s attorneys, Monteau & Peebles, LLP, are directed to
submit the amended Tribal Gaming Ordinance to the National Indian Gaming Commission for
approval.


(“EIS”) is warranted and a Record of Decision (“ROD”) is therefore prepared
rather than a FONSI, each reference to FONSI in this Ordinance shall be read to
include ROD.”; and

BE IT FURTHER RESOLVED, that all other sub-sections in Section 2, “Definitions,” of Title II of the
Mechoopda Indian Tribe of Chico Rancheria Gaming Ordinance of 2001 are re-numbered
accordingly; and

BE IT FURTHER RESOLVED, that Title II of the Mechoopda Indian Tribe of Chico Rancheria Gaming
Ordinance of 2001 is further amended to insert the following section after current Section 15,
“Notice of Determination”:

“SECTION 16.

161

ENFORCEMENT AND COMPLIANCE
The Tribal Council shall insure compliance with the mitigation measures and
conditions set forth in the Finding of No Significant Impact and the Revised
Environmental Assessment related to the Trust Acquisition on behalf of the
Tribe of two parcels in Butte County, California totaling 630-acres (the
“Proposed Parcel”) as well as the Finding of No Significant Impact related to
the approval of a management contract by the National Indian Gaming
Commission.

16.1.1

16.1.2

16.1.3

This Section sets forth a process to ensure compliance with
environmental conditions and approvals. The Tribe acknowledges the
NIGC enforcement power regarding compliance with the Finding of
No Significant Impact related to the approval of a management
contract. The NIGC approves tribal gaming ordinances, including
this title and has the ability to enforce provisions set forth in this title
pursuant to 25 C.F.R. 572.5 and 573.1 (Part 573) as well as has the
authority to monitor any mitigation measures for compliance with the
Finding of No Significant Impact under 40 C.F.R. 1505.3.

Uf the National Indian Gaming Commission notifies the Tribal Council
that it believes a condition or mitigation measure as set forth in the
Environmental Assessment related to the Trust Acquisition of the
Proposed Parcel as well as the Finding of No Significant Impact
related to the approval of a management contract by the National
Indian Gaming Commission is not in compliance, then the Tribal
Council shall investigate the matter and provide a response within 45
days and clearly state how the violation will be remedied and the
timeframe in which it must be remedied.

If any local, state, or federal government authority other than the
National Indian Gaming Commission believes a condition or
mitigation measure as set forth in the Environmental Assessment
related to the Trust Acquisition of the Proposed Parcel as well as the
Finding of No Significant Impact related to the approval of a
management contract by the National Indian Gaming Commission is
not in compliance, such authority may file a petition for review with
the Tribal Council.


CERTIFICATION

This will certify that the foregoing resolution was considered at a meeting of the Tribal Council of the
Mechoopda Indian Tribe of Chico Rancheria, duly called on the 20th day of December, 2006,
and was adopted by a vote of 4 for, 0 against, and 0 abstentions. A quorum of 5 was present.

Dated this 20th day of December, 2006

ap ven wy & Vero,
Dennis E. Ramirez, Chairman \

Mechoopda Indian Tribe of Chico Rancheria

ATTEST:

nis hee te Council Secretary

Mechoopda Indian Tribe of Chico Rancheria


4oNat ‘No,

a %
ces 8 200r 0 é
e comm”

VIA FACSIMILE & REGULAR MAIL

Dennis Ramirez

Chairman

Mechoopda Indian Tribe of Chico Rancheria
125 Mission Ranch Blvd.

Chico, CA 95926

Fax: (530) 899-8517

Mr. Michael J. Anderson

Anderson & Tuell

Attorneys at Law

300 Independence Ave. SE, Ste. 200
Washington, D.C. 20003

Fax: (202) 543-7716

RE: Gaming Ordinance Amendment of the Mechoopda Indian Tribe of Chico
Rancheria

Dear Chairman Ramirez and Mr. Anderson:

This letter responds to Mr. Anderson’s request to the National Indian Gaming
Commission (NIGC) on behalf of the Mechoopda Indian Tribe of Chico Rancheria to
review and approve the Tribe’s newly enacted amendment to their gaming ordinance.
The amendment to the gaming ordinance was adopted by the Tribal Council via
Resolution No. 06-62 on December 20, 2006.

This letter constitutes approval under the Indian Gaming Regulatory Act (IGRA),
25 U.S.C. § 2701 et seq., of the enclosed amendment to the Tribe’s gaming ordinance.
As you know, approval does not constitute approval of specific games. Furthermore, the
approved ordinance, and the newly approved amendment, is approved only for gaming on
Indian Lands as defined under the IGRA; lands over which the Tribe possesses
jurisdiction and exercises governmental power. Furthermore, I wish to draw your
attention to Title II § 16.1.1 of the Tribe’s amendment to the gaming ordinance. This
section incorrectly references 25 C.F.R. § 572.5. This section should instead reference 25
C.F.R. § 575.5. Finally, please also note that the original ordinance, as approved by this
office on December 3, 2001, refers to a Class III Gaming Compact with the State of
California in Title I § 1.1.7 and 1.3.5. This office is aware that no such compact currently
exists. Please bear in mind that no class II] gaming may occur within your facilities until
a compact is signed and approved by the Secretary of the Interior.

NATIONAL HEADQUARTERS 1441 |. St. NW, Suite 9100, Washington, OC 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


Thank you for submitting the amendment for review and ay
staff and I look forward to working with you and the Tribe to ir

Chairman


THE MECHOOPDA INDIAN TRIBE OF CHICO RANCHERIA, CALIFORNIA

RESOLUTION 06-62

Subject: A Resolution to Amend Title II of the Mechoopda Indian Tribe
of Chico Rancheria Gaming Ordinance of 2001, and to Submit Same
to the National Indian Gaming Commission for Review and Approval

WHEREAS, the Mechoopda Indian Tribe of Chico Rancheria is a sovereign federally recognized Tribe as
established pursuant to the Constitution of the Mechoopda Indian Tribe, approved by the
Secretarial Election on February 1, 1988; and

WHEREAS, the Tribal Council of the Mechoopda Indian Tribe of Chico Rancheria is the governing body
of the Tribe pursuant to Article IV of the Tribal Constitution; and

WHEREAS, the Tribal Council of the Mechoopda Indian Tribe of Chico Rancheria is authorized by Article
VIII, Section 3(a) of the Tribal Constitution to promulgate and adopt ordinances for the Tribe;
and

WHEREAS, We, the duly elected Tribal Council of the Mechoopda Indian Tribe of Chico Rancheria, are
entrusted with preserving the cultural values and promoting the general welfare of the
Mechoopda Indian Tribe; and

WHEREAS, the protection, safety, and welfare of all persons, which includes, but is not limited to,
promoting educational, economic and employment opportunities and preserving the cultural
and natural resources of the Mechoopda Indian Tribe, are primary goals and objectives of the
Tribal Council; and

WHEREAS, in furtherance of its primary goals and objectives, the Tribal Council has determined to amend
Title II of the Mechoopda Indian Tribe of Chico Rancheria Gaming Ordinance of 2001,
entitled “Regulation of the Environment for Class II] Gaming,” to ensure that mitigation
measures as may be set forth in an approved FONSI are implemented in compliance with

applicable authority;

NOW THEREFORE, BE IT RESOLVED, that Section 2, “Definitions,” of Title II of the Mechoopda
Indian Tribe of Chico Rancheria Gaming Ordinance of 2001 is amended to add:

“2.1 “Applicable Mitigations” means those mitigation measures described in an
Applicable FONSI or EA.

2.2 “Applicable FONSI or EA” means a FONSI or EA prepared by the Tribe and
submitted to and approved by the Secretary of the Department of Interior.
Secretary of the Department of Interior. In the event the National Indian Gaming
Commission (“NIGC”) determines that an Environmental Impact Statement