December 7, 2005

Chief Paul Spicer
Seneca-Cayuga Tribe

R2301 E. Steve Owens Blvd.
Box 1283

Miami, Oklahoma 74355

Re: Amendment to the Seneca-Cayuga Tribe’s Gaming Code;
Resolution No. 98-090605

Dear Chief Spicer:

This letter is in response to the Seneca-Cayuga Tribe’s request that the National Indian
Gaming Commission (“NIGC”) review and approve the above Amendment to the
existing Seneca-Cayuga Tribe of Oklahoma (“Tribe”) Gaming Code. The Amendment,
authorizes per capita payments to Tribal members from net gaming revenues. It was
adopted and approved by the Tribe’s Business Committee with Resolution No. 98-
090605 on September 6, 2005, and was received by the NIGC for review and approval on
September 12, 2005.

This letter constitutes approval under the Indian Gaming Regulatory Act (“IGRA”) of the
Amendment to the Tribe’s existing Gaming Code. We note, however, that this approval
does not extend to Resolution No. 05-060201, which the Tribe submitted to the NIGC
along with Resolution No. 28-090605 and is incorporated by reference into that
Resolution. Resolution No. 05-060201, adopted in 2001 by the General Council,
designates disbursements of proceeds from Tribal Enterprises on a percentage basis,
including 60% for per capita payments to Tribal members. The Indian Gaming
Regulatory Act allows tribes to make per capita payments to Tribal members from
gaming revenues, but requires tribes to first prepare a revenue allocation plan that must
then be approved by the Secretary of the Interior. See 25 U.S.C. § 2709(b)(3). We
understand that a revenue allocation plan was prepared by the Tribe and has been
submitted to the Secretary of the Interior for review and approval, which is pending.

The NIGC staff and I look forward to continuing to work with you and the Tribe on
future gaming issues. If you have any questions, please feel free to contact Staff
Attorney Katherine Zebell at (202) 632-7003.

MATIONAL 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


co: Nancy Pierskalla
George Skibine


SENECA-CAYUGA TRIBE

R2301 E. Steve Owens Blvd.
Box 1283
Miami, Oklahoma 74355,
(918) 542-6609

RESOLUTION 918) BABES

AMENDMENT TO THE SENECA-CAYUGA GAMING CODE

WHEREAS: the Seneca-Cayuga Tribe of Oklahoma is a federally recognized Indian Tribe organized under the
Oklahoma Indian Welfare Act of 1936 with a Constitution and By-Laws approved by the U.S. Secretary of the Interior
on April 26, 1937 and duly ratified by vote of the General Council of the Tribe on May 15, 1937, and

WHEREAS: the General Council of the Seneca-Cayuga Tribe of Oklahoma, by General Council Resolution #13-
060102, directed the Business Committee to accomplish and amendment to the Seneca-Cayuga Gaming Code to provide
for per capita payments to members of the Tribe from the net revenues from gaming activities, and

WHEREAS: the currently approved Seneca-Cayuga Gaming Code under Section 1004 B., provides that “No per
capita payments to tribal members shall be made from Gaming Revenue”, and

WHEREAS: the Business Committee of the Seneca-Cayuga Tribe of Oklahoma is empowered under Article VI,
of the Constitution and By-Laws, to transact business and otherwise speak or act on behalf of the Tribe in all matters
on which the Tribe is empowered to act, Now

THEREFORE BE IT RESOLVED, the Seneca-Cayuga Tribe of Oklahoma does hereby amend the Seneca-Cayuga
Gaming Code as follows:

Section 1004, Use of Gaming Revenue, Subsection B is hereby amended and shall read as follows:

B. Net revenues from gaming activities conducted or licensed by the Tribe may be used to make per capita
payments to members of the Tribe only if: (1) the Tribe has prepared a plan to allocate revenues to uses
authorized by 25 U.S.C. § 2710(b)(2)(B); (2) the plan is approved by the Secretary of Interior as adequate; (3)
the interests of minors and other legally incompetent persons who are entitled to receive any of the per capita
payments are protected and preserved and the per capita payments are disbursed to the parents or legal guardian
of such minors or legal incompetents in such amounts as may be necessary for the health, education, or welfare,
of the minor or other legally incompetent person under a plan approved by the Secretary and the Tribe’s
Business Committee; and (4) the per capita payments are subject to Federal taxation and the Tribe notifies
members of such tax liability when payments are made.

AND BE IT FURTHER RESOLVED, the Seneca-Cayuga Tribe of Oklahoma does hereby submit this duly adopted
amendment to the currently approved Seneca~-Cayuga Gaming Code for the approval of the Chairman of the National
Indian Gaming Commission and does hereby request said Chairman’s approval as required under 25 C.F.R. § 522.3(a).

CERTIFICATION
The foregoing resolution was passed at a meeting of the Business Committee of the Seneca-Cayuga Tribe of Oklahoma
on __September 6, 2005, with a vote of __6 for, 0 against, and __1__ abstaining.

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