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October 23, 2019
Via U.S. Mail & E-mail

Commissioner Paul Tate

Delaware Nation Gaming Commission
P.O. Box 825

Anadarko, OK 73005

Re: Delaware Nation Gaming Ordinance Amendment, Delaware Nation
Resolution #2019-104

Dear Commissioner Tate:

This letter is to inform you that the Delaware Nation Gaming Ordinance Amendment
enacted by Delaware Nation Resolution #2019-104, submitted to the NIGC as of July 18, 2019,
is approved by operation of law.

Pursuant to the Indian Gaming Regulatory Act, the NIGC Chair has ninety days from the
date of submission to either approve or disapprove a gaming ordinance.! Any ordinance not
acted upon at the end of the ninety day period is considered to have been approved by the Chair
to the extent it is consistent with the provisions of IGRA.? Because no action was taken by the
Chair within the ninety day period, the Nation’s ordinance is considered approved to the extent
that it is consistent with IGRA.

It is the opinion of the Office of General Counsel that the Nation’s Gaming Ordinance is
substantially compliant with the requirements of IGRA. As previously discussed with our office,
we have a concern regarding Section 5.13(B) of the ordinance which states that the
Commissioner “shall share any information revealed by [a background check report] to the
manager of the gaming facilities which...affects the consideration of an individual for
employment.” As you are aware, sharing information obtained from FBI criminal history records
outside of the licensing process constitutes a violation of the MOU between the Delaware Nation
and the NIGC, the “Memorandum of Understanding Regarding the Dissemination of Criminal
History Record Information by the NIGC” and the NIGC Privacy Act Notice, among other FBI
requirements. Evidence of unauthorized use of CHRI may require the NIGC to discontinue
dissemination of such records to the Nation. You have assured our office that despite the
language of Section 5.13(B) the Commission does not share any CHRI with the gaming

125 U.S.C. § 2710(¢).
21d.
325 CAR. § 556.2.

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop #1621 Washington, DC 20240 Tel: 202.632.7003 Fax: 202.632.7066

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

WWW.NIGC.GOV


Commissioner Paul Tate

Re: Delaware Nation Gaming Ordinance Amendment, Delaware Nation Resolution #2019-104
October 23, 2019

Page 2 of 2

operation. We recommend that the Nation consider amending this section in the future to clarify
the Commission’s handling of sensitive information.

If you have any questions, please feel free to contact NIGC Associate General Counsel
Rea Cisneros at 202-632-7003.

Sincerely,

Michal Hoes.

Michael Hoenig
General Counsel


Delaware Nation
P.O. Box 825
Anadarko, OK 73005
405 / 247-2448
Fax: 405 / 247-9393
Resolution #2019-104

RESCINDING RESOLUTION 2019-066 AND RESUBMIT
DELAWARE NATION GAMING ORDINANCE WITH
RECOMMENDED CHANGES

WHEREAS, the Delaware Nation is a federally-recognized Indian Tribe that operates in
accordance with its Constitution, as ratified on April 21, 1973, as amended from
time to time, and recognized by the Secretary of Interior; and

WHEREAS, according to Article VI — Powers of the Constitution, “the Executive Committee
shall have specific authority...to promulgate and enforce ordinances and codes
governing law and order to protect the peace, health, safety, and general welfare of
Delaware tribal citizens..,”, and generally “shall have full authority to act on behalf
of the Nation in all other matters upon which the Nation is empowered to act..
and

WHEREAS, the Delaware Nation’s gaming enterprises are regulated by the Delaware Nation
Gaming Ordinance originally approve by the Executive Committee on July 1,
1995, via Resolution 95-33, and approved by the National Indian Gaming
Commission (NIGC) on August 10, 1995; and

WHEREAS, we wish to rescind Resolution #2019-066 and resubmit the Delaware Nation
Gaming Ordinance with the recommended changes in order to more efficiently
regulate Indian gaming for the Delaware Nation; and

WHEREAS, the Executive Committee wishes to approve the attached Gaming Ordinance,
and to submit it to the National Indian Gaming Commission for approval.

THEREFORE, BASED ON THE FOREGOING, BE IT NOW THEREFORE RESOLVED
that the Delaware Nation Executive Committee hereby rescinds Resolution #2019-066 and
resubmits the Delaware Nation Gaming Ordinance to the National Indian Gaming Commission for
final approval for use in regulation of the tribe’s gaming facilities.

CERTIFICATION
The foregoing resolution was adopted by the Delaware Nation Executive Committee at a duly
called Executive Committee meeting, eheld.on_ aul 2, 2019 ; by a vote
of __— For, _O Against, fet Austentiens, a quorum being Present
ATTEST: cS + APPROV!
OO Lesaer {2
Haven

Ann Brower, Secretary