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March 5, 2009

Via Facsimile and U.S. Mail

R. Rolando Flores, Deputy Attorney General
Pascua Yaqui Tribe

Office of the Attorney General

4725 W. Calle Tetakusim, Bldg. B

Tucson, AZ 85757

Fax: (520) 883-5084

Re: Amended Gaming Ordinance
Dear Mr. Flores:

This letter responds to your request to the National Indian Gaming Commission
(NIGC) to review and approve the amendment to the Pascua Yaqui Tribe (Tribe) Gaming
Ordinance. The amendment was adopted by Tribal Council Resolution No. C12-272-08
on December 3, 2008, and submitted to the NIGC on January 2, 2009. The ordinance
was amended to provide procedures for resolving disputes between the gaming public
and the Tribe, as required by your compact.

The ordinance is consistent with the requirements of the Indian Gaming
Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq., and this agency’s regulations, and it is
therefore approved. It is important to note that the ordinance is approved for gaming only
on Indian lands, as defined in IGRA, over which the Tribe has jurisdiction. 25 U.S.C.

§ 2703(4); 25 C.F.R. § 502.12.

Thank you for your submission. If you have any questions or require assistance,
please contact Esther Dittler, Staff Attorney in the Office of General Counsel, at
202-632-7003.

Sincerely, Z ow
YA 7 Ge

\ Philip N. i
Chairman

co: Peter Yucupicio, Chairman

NATIONAL HEADQUARTERS 1447 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


;—— PASCUA YAQUI TRIBE ———

RESOLUTION NO. C12-272-08

~~ RESOLUTION OF THE PASCUA YAQUI TRIBE ENACTING ORDINANCE NO. 38-08

THAT AMENDS PASCUA YAQUI TRIBAL CODE TITLE 2, PART III, CHAPTER 3-1
) .BY ADDING SECTION 250, AND REPEALS EXISTING CODE SECTION 8 PYTC § 2-
1-570.

WHEREAS, the Tribal Council of the Pascua Yaqui Tribe is vested with the power to develop
and adopt ordinances, resolutions, rules and regulations to protect and promote
the peace, health, safety and general welfare of the Pascua Yaqui people (Article
VI, Section 1(0) of the Constitution of the Pascua Yaqui Tribe); and

WHEREAS, the Tribe agreed in its Tribal-State Compact to establish written procedures to
dispose of certain civil tort lawsuits arising from personal injury or property
damage alleged to have been suffered by patrons of its Class III Gaming
Facilities; and

WHEREAS, the Attorney General has recommended that it is in the Tribe’s best interest to
amend the current Gaming Enterprise Division Ordinance to clarify the Tribe’s
procedures for the disposing of Class III Gaming Facility patrons’ civil tort
lawsuits; and

WHEREAS, the Attorney General’s Office has drafted a revised Code Section to effect the
recommended amendment, which is embodied in Ordinance No. 38-08 and
incorporated herein by this reference; and

WHEREAS, the Tribal Council finds that it is in the Tribe’s best interest to add a new Tribal
Code Section 2 PYTC § 3-1-250 to clarify the Tribe’s procedures for the
disposing of Class III Gaming Facility patrons’ civil tort lawsuits.

NOW THEREFORE BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE
PASCUA YAQUI TRIBE that the Council hereby enacts Ordinance No. 38 -08
entitled “ORDINANCE OF THE PASCUA YAQUI TRIBE AMENDING
PASCUA YAQUI TRIBAL CODE TITLE 2, PART III, CHAPTER 3-1, BY
ADDING NEW SECTION 250 AND REPEALING EXISTING CODE
SECTION 8 PYTC § 2-1-570” to amend the Pascua Yaqui Tribal Code by (1)
adding a new Tribal Code Section 2 PYTC § 3-1-250, which is incorporated by
reference, and (2) repealing existing Code Section 8 PYTC § 2-1-570..

L_._ 7474 S. Camino De Oeste « Tucson, Arizona 85757 * Phone (520) 883-5010 » FAX (520) 883-5075
1-800-572-7282


PAGE 2

RESOLUTION NO. C12-272-08

Enacting Ordinance No. 38-08 that Amends Pascua Yaqui Tribal Code Title 2, Part III,
Chapter 3-1 by adding Section 250, and Repeals Existing Code Section 8 PYTC § 2-1-570.

CERTIFICATION

THE FOREGOING was on December 3, 2008 duly adopted by a vote of
EIGHT in favor, ZERO opposed, and ZERO abstained, by the Tribal
Council of the Pascua Yaqui Tribe pursuant to authority vested in it by
Article VI, Section 1(0) of the Constitution of the Pascua Yaqui Tribe as
adopted on January 26, 1988 and approved by the Secretary of the Interior
on February 8, 1988 pursuant to Section 16 of the Indian Reorganization
Act of June 18, 1934 (48 Stat. 984).

CHAIRMAN OF RHE PASCUA YAQUI TRIBE

ams

SECREZARY OF THE PASCUA YAQUI TRIBE