October 31,2012 

Annette Tarnawsky, Attorney General 

Eastern Band of Cherokee Indians 

P.O. Box 455 

Cherokee, NC 28719 

Dear Ms. Tarnawsky: 

This letter is in response to your request for the National Indian Gaming 

Commission (NIGC) to review and approve amendments to the Eastern Band of 

Cherokee Indians' gaming ordinance, No. 244 and No. 360, enacted by the Tribal 

Council on August 8,2012 and October 26,2012. Ordinance No. 244 amends the 

authorization of Class 111 gaming to include all gaming listed in the Band's compact and 

to authorize casino operations to extend credit to patrons. In addition to other ministerial 

changes regarding the budget and the use of net gaming revenues, it also amends the 

section that sets forth the tribal gaming commission's duties regarding authorizing and 

licensing gaming locations. Ordinance No. 360 updates the Privacy Act and False 

Statement Act notification language for consistency with NIGC regulation requirements. 

The amendments are consistent with the requirements of the Indian Gaming 

Regulatory Act (IGRA) and the NIGC's implementing regulations and are therefore 

approved. It is important to note that approval is granted for gaming only on Indian lands, 

as defined in IGRA, over which the Tribe has jurisdiction. 

Thank you for submitting the amendments for review and approval. The NIGC 

staff and I look forward to working with you and the Tribe on future gaming issues. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NAnoNu nEADauAnTERs 1441 LSt. NW. Suite 9100. Washington. DC2W05 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GW 

REGIONAL OFFICES Portland. OR; Sacramento. CA; Phoenix. AZ; St. Paul. MN;Tulsa. OK 
TABLED 

AMENDED 

PASSED 

Cherokee Comil House 

ChemkaNe wins 

(Date) 

AUG 0 2 2M2 

ORDINANCE NO. 9 4 l-! (20 12) 

WHEREAS, the Tribe and the State negotiated a mutually agreed upon First Amended & 

Restated Tribal-State Compact that was signed in November 2011 and an Addendum to First 

Amended & Restated Tribal:State Compact that was signed in May 2012 and Tribal Council 

properly ratified this Compact and related documents by Resolution No. 242 (June 8,2012), 

and.. :' 

WHEREAS, due to these changes and the increased gaming expected fiom these changes, the 

~herokeec'ode at Chapter 16 Tribal Gaming and regulations are in need of certain amendments 

to fully effectuate the changes and regulations from the increased scope of gaming from the 

.' ,.% 

8. , .A,. . new Compact approval. .. . 

Now Therefore, Be it Ordained, by Tribal Council of the Eastern Band of Cherokee Indians, 

assembled at which a quonun is present, that the following sections of the Cherokee Code shall 

be amended as follows: 

An forms of Class ill Gaming that is listed in Exhibit 1 to the Addendum to the Rmtated lhbalState 

Commct ~1tenA on November 28.201 1 and ded in Mav 2012 and MIv aanwed bv the Seostatv of the 

fkz&ment ofInterior on dav of 2012 is hereby autho&d on lands within the Tribe's Indian 

lands; provided, however, that Cat IU Chdng shall te conducted in acmdmoe with the pmvisions of this 

chapter, the rules and regulations of the Commission, IGRA, the NIGC's regulations, and the Compact. 

See. 16-1.06A. Ofau m Cpsino Onsdtt Iuvance Authorized 

Casino o~erations are herebv emwwered to make credit worthiness decisions on ~lavera to iasue 

' o cr 't to la rs m 

casino indusb ~ractice cmntlv reauires end the Tribal Gaming Commission ~romu&ates in the 

Internal Control Standards. These standards shall set forth a level of ~rotection for Tribal assets and 

for the safe and effective orxration of casino credit. 

Sea. 16-1.06. Localion of gaming. The Commission shall ensure that: 

(1) ~&~asitautholizes&~pursuanttothischsptaiscond~ctedmLandswitbinthe 

Tribe's Indian lands; and 

(2) Such gaming is not othawise apeci6caUy prohibited by federal Law. 

(3) There are UD to three 131 locations mnnitted for Class ID Gamine to be conducted. The 

prouertv considered as location #1 shall ahvavs be recowized as the casino located in the 

town of Cherokee on the Oualla Boundary alongside Soco Creek borderim Mwav 19N; 

the second and third locations shall be au~roved bv order of the Tribal Council and 
pinciml Chief followine a full studv bv the TCGE Board of Advisors and Ule Tribal Gaming 

Commission. AU additional gamine locations shall meet all requirements under this char&& 

and an r en 

Sec. 16-1.07. Ownership of gaming. 

The Tribe shall have the sole proprietaty interest in any gaming operation authorized by this chapter 

and hereby authorizes and directs the casino overations to make all uavments and satisfv all 

obligations on behalf of the Tribe in its vavment obli~ations contained under the Tribal-State 

Comvact or Federal and Tribal law. 

Sec. 16-1.08. Use of gaming revenue. 

(a) Net revenue fmm tribal gaming shall be used only for the purposes set forth in this section. 

1) To fund tribal govunment opmtions and programs; 

2) To provide for the general welfare of the Tribe and its members; 

3) To promote tribal economic development; 

4) To donate to Wtable organimtions; and 

5) To help fund operations ofLbal government agencies 

@) The Tribe has elected to make per capita payments, in the amaunt of SO0% of distributable net 

revenue from both Class I1 and Class 111 gaming &ties, to tolled tribal members, and shan 

authorize and issue such payments only in acomiance with a mue allmtion plan submitted to and 

approved by the Secretary of the Interior under 25 U.S.C. 6 2710@)(3), as set forth in chapter 16C of 

the Cherokee Code. 

(c) Nothing in this section shall be construed to require that a gaming operation or the Commission 

distribute funds that are not distributable net revenue. 

8ec. 16-2.13. Budget. 

The Commission shall pqa~ a budget for its opxafions as neoeasary to pay salaries and other 

expenw, within the limit of funds available to it, which is to be included in the Jkemiive CommiW's 

proposed budget submitted ann- to Tnbal Council for appmval. The budget shall be established within 

the following limits: 

(a) The Commission budget shall be partially funded as an operating expense of the ?hi 

Casino Gaming Enterprie mE). The TCGE shell fund all actual direct expenses related 

solely to the Commission's regulation of the gaming activities of the TCGE. &ch payment 

ahallbethelesseroftheactual~tory costoranamountwhichistwo~ofonepemmt 

(0.66%) of the pas griming revenuc (win) but in no event more than$ ~fiueh in 

followincr msultationlwork &on with Tn'bal Coundl~f~ the fiscal year. For each 

year after fiscal year 2004, the capped amount shall haease 5% annuaUy to a&unt fbr growth 

and emnomy. Any swphs of such funds over actual pses at the end ofa fiscal year shafbe 

hded to the TCY;E within 120 days of the end of the fiscal year. 

@) The Tribal Bin@ Enterprise WE) shall fund all actual dired expenses related solely to the 

Commission's Rgulation of the gaming activities of the TBE. 

(c) If the Commission's budget needs exceed the amounts in subpamgqhs (a) and @) for any fiscal 

year, then the Cbmmkiim shallutiliz hds obtained thmugh limsing fees and regulatory fines, 

or seek addiW funding from the Tribal Council. Except as pmided in subparagraph (d), 

below, any surplus remaining m such fees, fines or additional funding at the end of a fiscal year 

shallbedisbibutedtotheTribein~cewithChapta 16C. 
(d) The Commission ahall have the authority to establish, fund, and maintain capital/expansion 

reserve funds for: 

(4 Working capital in an amount mcommd by the imkpedmt au- and 

(2) For such other pluposes as BE spxbidy authM far gaming mtmy purp~~ by a 

'Rii Council ordinance based up a detailed plan for use of the funds submitted by the 

Commission. 

lel The Commission budget shall be amended and follow the same budeetarv formula for 

anv additional eamina facilities that are established bv the Tribe in accordance with Sec. 

16-106 of this Cha~ter and the Tribal-State Com~act. 

8e0.16-4-11. t%dfk?E&In of gaming dds. 

AU WE devices P-, leased or othenvise acauired bv the Tribe must- . . ~ ~~ 

-meet the t&hnical equipment stan;lards &forth in this Cha* and the Intand 

Control Standards iasued bv the Commi&on&e&a The Commission shall maintain a comdete list of - - 

all gaming devioes (whether or not such devices are in use) located at any gmhg establishient. 

BE IT FINALLY ORDAINED THAT these amendments to the Cherokee Code shall be 

effective upon ratification by the Principal Chief. 

submitted ~j: Cherohe Tribal Gaming Commission: 

Chairman Don Rose 

Vice-Chairman Bob Blankenshig 

Commissioner Sheila Brown 
Amendments to redlined version in Council packet: 

1. Amended to include table of contents 

2. Sec, 16-1.05. Class 111 Gaming authorized. "...and amended in May 2012 and 

fully approved andoublkhed by the Secretary of the Department of Interior." 

(delete red-line verbiage here, and paragraph continues as is). 

3. Sec. 16-1.06. Location of gaming. (3) Strike the word "additional" from this 

paragraph. 

4. Sec. 16-1.08 Use of gaming revenue. Strike (a)(5) in its entirety. 

5. Sec. 16-2.13. Budget (a) insert the amount of $3 million dollars in the blank. 

Add the following verbiage to (a) "...of the fiscal year. Upon cowletion of the 

TCGE audit, any excess funds will be returned immediately followinz the per 

capita distribution ordinance." 

6. Sec. 16-1.06. Location of gaming. (3) Strike "order of the Tribal Council" and 

replace with ". . .by Tribnl Council resolution and ratifud bv the Principal 

Chief.. ." 

7. Sec. 16-2.13. Budget. Strike (e) in its entirety. 

8. Sec. 16-1.06. Location of gaming. (3) Amend "...by the TCGE Board of 

Advisors," Strike ",..and the Tribal Gaming Commission" from (3). 
The attached ResolutionlOrdinance No. 244 dated Julv 6. 2012 was: 

PASSED ( X ) 

KILLED ( 1 

and ratified in open Council on Auqust 2,2012 by 75 voting for the act 

and A members voting against it as follows: 

VOTE I FOR I AGAINST I ABSTAIN I ABSENT I TABLE 

Bo Tavlor I I I x 1 

. I . . I I I I 

David Wolfe I X I I I I 

Bill Tavlor X 

-- ... a--- 

Perry Shell 

Gene Crowe 

Mike Parker 

X 

X 

X 

Diamond Brown 

Adam Wachacha 

Alan Enslev 

APPROVED ( VETOED ( ) 

, . 

~ ~~-~~. -~ 

Terri Henry 

Tommye Saunooke 

Total: rn - 

VETO UPHELD ( ) VETO DENIED ( ) 

X 

X 

DATE: e- 8-12- 

, , 

X 

. 

, , 

X 

X 

75 

I hereby certify that the foregoing act of the Council was duly: 

PASSED ( ) 

KILLED ( ) 

and ratified by Council Chairperson, Clerk, and Principal Chief of the Eastern Band of Cherokee Indians. 

In testimony, whereof, I have hereunto set my hand and affixed the seal of the said Band 

of Indians. Superintendent, Cherokee Indian Agency. 

0 

INTERPRETED ( ) OMITTED ( ) 

0 25 . 0 
TABLED 

PASSED 

OCT 2 6 2M2 

ORDINANCE NO. 360 (2012) 

Cherokee Council House 

WHEREAS, Ordinance #244 (2012) was amended and passed by Tribal Council on August 2,2012 

and properly ratified by the Principal Chief on August 8,2012, and 

WHEREAS, our Attorney General promptly sent the changes to the National Indian Gaming 

Commission (NIGC) in Washington, DC for approval as required under the Indian Gaming Regulatory 

Act (IGRA), and 

WHEREAS, the NIGC has reviewed the Ordinance and has requested sections of the Ordinance be 

amended by Tribal Council prior to its approval. 

Now Therefore Be it Ordained by the Tribal Council of the Eastern Band of Cherokee Indians, 

assembled at which a quorum is present, that the following sections of the Cherokee Code - Chapter 16 

shall be amended as follows: 

See. 16-2.13(a): ... For each year after fiscal year M2013, the capped amount shall increase 5% 

annually to account for growth and economy.. . . 

I 

See. 16-4.03. Application for license. 

I (1) "In compliance with the Privacy Act of 1974, -the following information is provided: 

Solicitation of the information on this form is authorized by 25 U.S.C. 2701 et seq. The purpose of the 

requested information is to determine the eligibility of individuals to be granted a gaming license. 

g.The . . information will be used by the Tribal gaming regulatory authorities and by thew 

-National Indian Gaming Commission members and staff who have need for 

the information in the performance oftheir official duties. The information may be disclosed to I appropriate Eederal, Tribal, @ate, local, or foreign law enforcement and regulatory agencies when 

relevant to civil, criminal or regulatory investigations or prosecutions or when pursuant to a requirement 

by a TRibe or the National Indian Gaming Commission in connection with the issuance, denial, kiikge I "-.-r revocation of a gaming license, or investigations of activities while 

associated with a Tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice 

I will result in a Tuibe's being unable to license& you fork a primary management official or key 

employee position- 

(2) "The disclosure of your social security number (SSN) is voluntary. However, failure to supply a SSN 

may result in errors in processing your application." 

(3) "A false statement on any part of your licenseapplication may be grounds for denving a license or the 

susvension or revocation of a license. ' ' 

. Also, you 

may be punished by fme or imprisom-)" 

BE IT FINALLY ORDAINED that this Ordinance shall become effective upon ratification by the 

Principal Chief. 

Submitted By: Cherokee Tribal Gaming Commission 

Chairman Don Rose 

Vice-Chairman Bob Blankenship . . 

Commissioner Sheila Brown 
The attached ResolutionlOrdinance NO.^ dated October 01, 2012 was: 

PASSED ( X ) 

KILLED ( ) 

and ratified in open Council on October 26,2012 by 62 voting for the act 

and members voting against it as follows: 

IBAL COUNCIL CHAIRMAN 

VETO UPHELD ( ) VETO DENIED ( ) 

AL%* 

CLERK 

APPROVED (4 VETOED ( ) 

DATE: /O - - 

I hereby certify that the foregoing act of the Council was duly: 

PASSED +&- 

KILLED ( ) 

and ratified by Council Chairperson, Clerk, and Principal Chief of the Eastern Band of Cherokee Indians. 

In testimony, whereof, I have hereunto set my hand and affixed the seal of the said Band 

of Indians. Superintendent, Cherokee Indian Agency. 

INTERPRETED ( ) OMITTED ( )