ORIGINAL

Ordinance 92D
Amendment No. 7

ORDINANCE
OF THE GOVERNING BODY OF ] m
THE CONFEDERATED SALISH AND KOOTENAI TRIBES ‘ 9
OF THE FLATHEAD RESERVATION, MONTANA “E18

BE IT ENACTED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH AND
KOOTENAI TRIBES THAT AMENDMENT NUMBER SEVEN SHALL AMEND ORDINANCE
92D AND AMENDMENT ONE AS FOLLOWS:

Replace Section 10.03(c). Added Subsection:

Each and every person, place, facility or entity, having been issued a Class II or Class III

jaming license, shall pursuant to the time lines and rules promulgated by the

Commission, conduct and pay for the audits of their own gaming operations. Any

corrective actions or fines resulting from such audits shall be paid for or corrected
by the gaming licensee.

with the following

Section 10.03(c). Added Subsection:

Each and every person, place, facility or entity, having been issued a Class II or Class III
gaming license, shall, pursuant to the time lines and rules promulgated by the Gaming
Commission, pay their share of the annual audit. Cost of the audit will be distributed on
an equitable basis among all licensed facilities based on the following formula:

Revenue received by each facility divided by the Total Revenue collected for all facilities
= Percent of revenue per facility multiplied by the Cost of Audit). The Gaming

Commission will hire an independent auditing firm to conduct the annual audit.

CERTIFICATION

The foregoing Amendment 7 to Ordinance 92D was adopted by the Tribal Council on April 13,
2006, with a vote of 7 for; 0 opposed; and 0 not voting, pursuant to authority vested in it by
Article VI, Section 1 (i), (n) and (u) of the Tribes’ Constitution and Bylaws; said Constitution
adopted and approved under Section 16 of the Act of June 18, 1934 (48 Stat. 984), as

amended.
/d
ee

ATTEST: ; Chairman, Tribe’ Coupé

ee)

Féachtive Secr any



ORIGINAL

ORDINANCE 92-D
AMENDMENT 6

ORDINANCE 7
OF THE GOVERNING BODY OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD RESERVATION, MONTANA

BE IT ENACTED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH
AND KOOTENAI TRIBES THAT AMENDMENT NUMBER SIX SHALL AMEND
ORDINANCE 92-D AS FOLLOWS:

Section 5.01, Licensing and Regulation of Non-Tribal Gaming, is renamed to Licensing
and Regulation; Section 5.01 (3) will remain and be renumbered to Section 5.01 (2); and

Section 5.01 (1) and (2) are rescinded in their entirety and replaced with the following:
(1) Class II gaming shall be exclusively operated by Tribal Government owned
gaming facilities pursuant to the rules and regulations to be adopted by the
Tribal Gaming Commission.
CERTIFICATION
The foregoing Amendment 6 to Ordinance 92-D was adopted by the Tribal Council on
October 5, 2004, with a vote of 10 for; 0 opposed; and 0 not voting, pursuant to authority
vested in it by Article VI, Section 1 (i), (n) and (u) of the Tribes’ Constitution and Bylaws;

said Constitution adopted and approved under Section 16 of the Act of June 18, 1934
(48 Stat. 984), as amended.

ATTEST: Ql
ony aS
LA
Executive ty



NAL 1,
«\° No,

y
S &
%, ~N
APR 1 2009 "Me conn”

Via Facsimile and First Class Mail

Lana Page, Esq.

Confederated Salish and Kootenai Tribes of the Flathead Reservation
P.O. Box 278

Pablo, MT 59855

FAX: 406-675-4665

RE: Gaming ordinance amendment of the Confederated Salish and
Kootenai Tribes of the Flathead Reservation.

Dear Ms. Page:

This letter responds to your request on behalf of the Confederated Salish
and Kootenai Tribes of the Flathead Reservation (Tribes) for review and approval
of three amendments to the Tribes’ gaming ordinance. The amendments to the
gaming ordinance were adopted by the Tribal Council on October 5, 2004; April
13, 2006; and October 19, 2006, via Amendment Nos. 6, 7, and 8, respectively.

The amendments relate to the ownership, licensure, and audit
responsibilities of gaming operations. Amendment No. 6 provides that the
Tribal Government shall be the exclusive operator of Class II gaming. Despite
the Tribes’ exclusivity in Class II gaming, the compact with Montana was in
place at the time the amendments were passed, and prior to its expiration, the
Tribes did allow individual licensees to own Class III gaming. Amendment Nos.
7 and 8 refer to those Class III licensees. Amendment No. 7 prohibits tribal
members, whether individually or in partnership, from obtaining a gaming
facility license. Amendment No. 8 requires each licensed facility to pay its share
of the annual audit.

This letter constitutes approval under the Indian Gaming Regulatory Act
(IGRA), 25 U.S.C. § 2701 et seq., of the referenced amendments as they are
consistent with IGRA and this agency’s regulations.

I must note that the amendments were adopted several years ago, and
submitted for NIGC approval on March 18, 2009. This is in contravention of the

NATIONAL HEADQUARTERS 1447 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


NIGC’s implementing regulations, which require a tribe to submit amendments
for the Chairman’s approval within 15 days after adoption. 25 C.F.R. § 522.3(a).
Please be mindful of this requirement when submitting future amendments.

Thank you for submitting the amendment for review and approval. If you
have any questions, please contact Staff Attorney Jennifer Ward at (202) 632-
7003.



ORIGINAL

Ordinance 92D
Amendment 8

ORDINANCE
OF THE GOVERNING BODY OF
THE CONFEDERATED SALISH AND KOOTENAI TRIBES
OF THE FLATHEAD RESERVATION, MONTANA

BE IT ENACTED BY THE TRIBAL COUNCIL OF THE CONFEDERATED SALISH
AND KOOTENAI TRIBES THAT AMENDMENT NUMBER EIGHT SHALL AMEND
ORDINANCE 92D AS FOLLOWS:

Section 6.01 Gaming License Required. Shall be amended to include the
new subsection (a) which is stated below and the previously
numbered subsection (a) shall become (b) and the previously
numbered section (b) shall become (c).

(a) No license may be issued to an enrolled member of the Salish
and Kootenai Tribes, individually or doing business under a
fictitious business name, or to a partnership in which one or
more of the partners is a tribal member; provided, however,
licenses may be issued to corporations duly established and
limited liability companies duly established under tribal or state
law. Such corporations or limited liability companies may be
owned by one or more enrolled members of the Confederated
Salish and Kootenai Tribes.

CERTIFICATION

The foregoing Amendment 8 to Ordinance 92D was adopted by the Tribal Council
on October 19, 2006, with a vote of 9 for; 0 opposed; and 0 not voting, pursuant to
authority vested in it by Article VI, Section 1 (i), (nm) and (u) of the Tribes’
Constitution and Bylaws; said Constitution adopted and approved under Section 16
of the Act of June 18, 1934 (48 Stat. 984), as amended.
oe
gd

an Oras é.
Chairman, Tribal Co.