On July 23, 2007, the Ponca Tribe of Nebraska submitted a site-specific class II gaming 

ordinance amendment to the NIGC Chair for review and approval. The Chair disapproved the 

ordinance on October 22, 2007. The Tribe appealed the Chair’s decision under NIGC’s 

regulations. The Commission reversed the Chair’s decision on December, 31, 2007, approving 

the ordinance amendment. See Commission Final Decision and Order (Dec. 31, 2007). After an 

appeal to the U.S. District Court for the Southern District of Iowa and then the U.S. Court of 

Appeals for the Eighth Circuit, the Commission amended its 2007 decision and affirmed it. See 

Commission Amendment to Final Decision and Order (Nov. 13, 2017). As a result of litigation

challenging the 2017 Commission Amendment, the U.S. District Court for the Southern District 

of Iowa remanded the ordinance to the Commission to address a narrow issue. The Commission 

did so on April 30, 2019, issuing a Revised Amendment to its Final Decision and Order and 

again affirming its approval of the Tribe’s ordinance. 
PONCA TRIBE OF NEBRASKA

TRIBAL COUNCIL

RESOLUTION O7-

WHEREAS the Ponca Tribe of Nebraska the Tribe is federally recognized Indian tribe

with powers of self-government and

WHEREAS in accordance with its Constitution the Tribe is governed by the Tribal Council

and

WHEREAS the Tribal Council enacted Gaming Ordinance and an Amended Gaming

Ordinance governing Class and Class II gaming by the Tribe under the Indian

Gaming Regulatory Act and

WHEREAS the National Indian Gaming Commission approved the Tribes Gaming Ordinance

and Amended Ganing Ordinance and

WHEREAS by Resolution 06-06 the Tribal Council authorized an Amended Gaming

Ordinance that would have authorized gaming on what is known as the Carter

Lake Parcel parcel of land in Carter Lake Iowa accepted into trust on February

2003 by the Regional Director for the Bureau of Indian Affairs and

WHEREAS the Tribe submitted request for approval of an Amended and Restated Gaming

Ordinance to the National Indian Gaming Commission on February 14 2006 and

WHEREAS the Tribe by letter from legal counsel dated August 2006 withdrew its request

for approval of its Amended and Restated Gaming Ordinance and related restored

lands opinion and

WHEREAS the Tribe has determined that it is in the best interest of the Tribe and its members

to continue its pursuit of gaming at the Carter Lake Parcel and

WHEREAS the Tribe desires to amend its Gaming Ordinance to specifically authorize gaming

on the Carter Lake Parcel

NOW THEREFORE BE IT RESOLVED that the Tribal Council hereby repeals subsection 13

of Section IV of the Gaming Ordinance and in lieu thereof the following is

hereby promulgated

Ponca Indian Lands shall have the meaning found in 25 U.S.C 27034 and shall include the

real property in Pottawauamie County Iowa held in trust for the Tribe by the United States

which is described as follows

EXHIBIT

AR000322
parcel of land being part of lois 20 21 and 22 together with part of the

abandoned railroad right-of-way located north of the existing Illinois Central Spur

track in said Lots 21 and 22 all in the auditors subdivision of Section 21

Township 75 Range 44 west of the 5th P.M Pottawattamie County Iowa said

parcel described as follows

Beginning at the northwest corner of said Lot 20 thence along the northerly line

of said lot 20 north 882827 east 69.05 feet thence south 001805 east

228.93 feet thence north 893657 east 224.92 feet thence north 003042

west 230.45 feet to point on the northerly line of said lot 22 thence along said

northerly line and along said northerly extended easterly north 89 II 28 east

221.3 feet to point on the easterly line of said abandoned railroad right of way

thence along said easterly line and said easterly line extended southerly south

004832 east 579.95 feet to point on the northerly right-of-way line of the

Illinois Central Railroad thence along said northerly right-of-way line the

following six courses

South 8909 18 West 220.09 Feet

North 642701 East 12.10 Feet

North 6I0311 West 126.58 Feet

North 465325 West 102.08 Feet

North 384637 West 146.92 Feet

North 50475l West 38.80 Feet to point on the westerly line of said Lot

20 thence along said westerly line north 010332 West 301.52 Feet to the

point of beginning

BE IT FURTHER RESOLVED that Ponca Tribal Council requests prompt approval of the

amendments to the Gaming Ordinance by the National Indian Gaming

Commission and authorizes the Tribal Chairman and Akin Gump Strauss Hauer

Feld LLP to take all necessary steps including the filing of restored lands

submission to effectuate that approval

CERTIFICATION

THIS IS TO CERTIFY AND AFFIRM that the above Resolution was duly authorized and

by the Ponca Tribal Council on the day of June 2007 at duly called meeting held at

naha Nebraska by vote of Ayes O.Nays Abstained JAbsent Chairperson

voting not voting quorum of was present

ATTEST

Yonc be ebras Po Tribe of Nebraska

AR000323