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October 31, 2011

Via U.S. Mail and Facsimile

Brett Shelton

Smith, Shelton, & Ragona, LLC
14694 Orchard Parkway, Suite A-210
Westminster, CO 80023

RE: — Oglala Sioux Tribe Ordinance 95-03
Dear Mr. Shelton:

This letter responds to your request on behalf of the Oglala Sioux Tribe for the
National Indian Gaming Commission to review and approve the Tribe’s amendment to its
gaming ordinance. The amendment, 95-03, provides for tribal gaming commissioners to
be elected by their districts rather than appointed by the Tribal Council.

Thank you for bringing the amendment to our attention. The amendment is
approved as it is consistent with the requirements of the Indian Gaming Regulatory Act
and the NIGC regulations. If you have any questions, please contact Staff Attorney
Jennifer Ward at (202) 632-7003.

Sincerely,

Mum

Tracie L. Stevens
Chairwoman,

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


ORDINANCE NO. 95-03

ORDINANCE OF THE OGLALA SIOUX TRIBAL COUNCIL
OF THE OGLALA SIOUX TRIBE
(An Unincorporated Tribe)

ORDINANCE OF THE OGLALA SIOUX TRIBAL COUNCIL AMENDING OGLALA SIOUX
TRIBAL ORDINANCE NO. 94-01, SECTION 7.

WHEREAS, the Oglala Sioux Tribal Council has previously
adopted Oglala Sioux Tribal Ordinance No. 94-01 the Gaming Code of
the Oglala Sioux Tribe, and

WHEREAS, Section 7, Gaming Ordinance, provides in part that
"Upon the expiration of their term of office a member shall serve
until his/her successor is appointed by the Oglala Sioux Tribal
Gaming Commission", and

WHEREAS, the Oglala Sioux Tribal Council has determined that
all members of the Oglala Sioux Tribal Gaming Commission shall upon
the expiration of their initial term of office be replaced by
Commissioners elected by such office by the voters of their
respective districts, now

THEREFORE BE IT ORDAINED, that the Oglala Sioux Tribal Council
Gaming Ordinance No. 94-01, which reads as follows:

"There is hereby created the Oglala Sioux Tribal Gaming

Commission. The Commission shall consist of nine
members, all of whom shall be appointed by the Tribal
Council of the Oglala Sioux Tribe. The Commission

members may be members of the Oglala Sioux Tribe. The
initial members to be appointed shall draw lots to see
who holds five two-year terms and four one-year terms.
Thereafter, each member shall serve no more than two
consecutive full terms. Upon the expiration of their
term of office, a member shall serve until his/her
successor iS appointed by the Oglala Sioux Tribal Gaming
Commission. The Commission shall select among its
members a chairperson who shall preside over the meeting
of the Commission. The Commission members may be
removed, upon substantive proof of wrong-doing, by
majority vote of the Oglala Sioux Tribal Council.
Substantive proof shall be defined as documentation or
evidence which would be admissible in a court of law.
Any member whose removal is sought shall be entitled to
be notified in writing at least three (3) days before any
vote shall be taken regarding that member’s removal. Any
person so notified may request an informal hearing before
the Tribal Council prior to a vote on his or her removal
from the Commission".

812))\~\


ORDINANCE NO. 95-03
Page Two

is hereby amended to read as follows:

"There is hereby created the Oglala Sioux Tribal Gaming
Commission. The Commission shall consist of nine
members, one member elected by each respective district.
Each member shall be elected by his/her respective
District Council and shall be certified by their
respective district council resolution and certified by
the Oglala Sioux Tribal Council. The Commission members
shall be members of the Oglala Sioux Tribe. The initial
members to be appointed shall draw lots to see who holds
five two-year terms and four one-year terms. Thereafter,
each member shall serve no more than two consecutive full
terms. Upon the expiration of their term of office, a
member shall serve until his/her successor is elected by
their district and certified by the Oglala Sioux Tribal
Council. The Commission shall select among its members
a chairperson who shall preside over the meeting of the
Commission. The Commission members may be removed, upon
substantive proof of wrong-doing, by majority vote of the
Oglala Sioux Tribal Council. Substantive proof shall be
defined as documentation or evidence which would be
admissible in a court of law.

Any member whose removal is sought shall be entitled to
be notified in writing at least three (3) days before any
vote shall be taken regarding that member’s removal. Any
person so notified may request an informal hearing before
the Tribal Council prior to a vote on his or her removal
from the Commission".

C-E-R-T-I-F-I-C-A-T-I-0-N

I, as undersigned Secretary of the Oglala Sioux Tribal Council,
hereby certify that this Ordinance was adopted by the vote of: 15
for: 0 against: 0 abstain; 1 not voting, during a SPECIAL SESSION
held on the 2ist day of MARCH, 1994.

RESA
Secretary
Oglala Sioux Tribe

TWO S

A-T-T-E-S-T

Ua. eased

MEL ¥. LONE HILL
Vice-President
Oglala Sioux Tribe