FILE COPY

NATIONAL
INDIAN
GAMING

Commission WG 23 08

Samuel N. Penney
Chairman

Nez Perce Tribe

P.O. Box 305

Lapwai, ID 83540-0305

Dear Chairman Penney:

This letter responds to your request to review and approve
the amendment to the Nez Perce Tribe's tribal gaming ordinance
submitted on July 25, 1996. The amendment was adopted by
Resolution on January 9, 1995. The ordinance was approved by the
Chairman of the National Indian Gaming Commission (NIGC) on
February 16, 1995. The amendment does not require approval by
the NIGC because the amendment addresses issues not raised in the
IGRA or the NIGC's regulations.

Under the IGRA and the regulations of the NIGC, the Chairman
is directed to review ordinances and amendments with respect to
the requirements of the IGRA and the implementing regulations.
Thus, the scope of the Chairman's review and approval is limited
to the requirements of the IGRA and the NIGC regulations.
Provisions other than those required under the IGRA or the NIGC
regulations that may be included in a tribal ordinance or gaming
commission procedures are not subject to review and approval.

Thank you for submitting the Nez Perce Tribe's amendment for
review. If you have questions or require further assistance,
please contact Jessica Roff at (202) 632-7003.

Sincerely your

1441 L STREET, N.W. STHFLOOR WASHINGTON, D.C. 20005 TEL.: 202-632-7003 FAX: 202-632-7066



NP 95-102
(amended)

RESOLUTION JUL 2.5 t996

WHEREAS, the Nez Perce Tribal Executive Committee has been
empowered to act for and in behalf of the Nez Perce Tribe, pursuant
to the Revised Constitution and By-Laws, adopted by the General
Council of the Nez Perce Tribe, on May 6, 1961, and approved by the
Acting Commissioner of Indian Affairs on June 27, 1961; and

WHEREAS, the Nez Perce Tribal Executive Committee has promulgated
a Gaming Ordinance and Procedures for Investigating Key
Employees and Management Officials as required by the
National Indian Gaming Commission; and

WHEREAS, there are two provisions that conflict with each other as
well as with the Gaming Compact entered into with the

State of Idaho; and

WHEREAS, the Law and Order & Intergovernmental Affairs
Subcommittee has recommended that the inconsistent
provisions regarding the qualifications of Gaming
Commissioners and the term of office be clarified;

NOW, THEREFORE, BE IT RESOLVED that the following provisions shall
be amended as follows:

NEZ PERCE TRIBAL GAMING COMMISSION INVESTIGATIVE PROCEDURES FOR KEY
EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS (NP 95-102):

Paragraph A.1l. shall now read:

The Nez Perce Tribal Gaming Commission, hereinafter
referred to as “the Commission: shall consist of five
individuals appointed by the Nez Perce Tribal Executive
Committee.

(Amended language in bold.)
Paragraph A.2. shall now read:

Each Commission member shall serve for a term of three
years, with the term beginning on January 1 of the year
of the appointment and ending on December 31 of the third
year; except that for the initial group of Commissioners,
two positions will be for a term of three years, two
positions will be for a term of two years and one
position will be for a term of one year allowing for a
staggered term process thereafter.

(Amended/additional language in bold.)

BE IT FURTHER RESOLVED that these two provisions shall supersede


any prior provisions that may conflict with the amended
language set forth in these provisions.

CERTIFICATION

The foregoing resolution was duly adopted by the Nez Perce Tribal
Executive committee meeting in Regular Session, January
9, 1995, in the Richard A. Halfmoon Council Chambers,
Lapwai, Idaho, a quorum of its members being present and

voting.

Brenda Whi etretary
ATTEST:

Lamuel 70 Lyrmney

Samuel N. Penney, Chéirman