JUN 12 2009 

Don L. Patterson 

Tonkawa Tribal President 

Tonkawa Tribe of Oklahoma 

I 'Rush Buffalo Road 

Tonkawa, OK 74653 

Re: Request for ApprovaI of Amendment to the Tonkawa Gaming Ordinance 

Dear President Patterson: 

This letter responds to your request to the National Indian Gaming Commission (NIGC) 

to review and approve the amended Tonkawa Gaming Ordinance, enacted by the 

Tonkawa Tribal Committee by Resolution No. T-R- 16-09 on May 4,2009, and received 

by the NIGC on May 15,2009. 

This letter constitutes approval of the amended Tonkawa Gaming Ordinance under the 

Indian Gaming Regdatory Act (IGRA). It is important to note, however, that approval is 

granted for gaming only on Indian Iands, as defined in ERA, over which the Tonkawa 

Tribe has jurisdiction. 

Thank you for submitting the amended Tonkawa Gaming Ordinance for our review and 

d I look forward to working with you and the Tonkawa 

ture gaming issues. If you have any questions or require 

elissa Schlichting in the Office of the General Counsel, at 

khilip N. Hogen 

Chairman 

NATlOFlAL HEADQUARTER5 1441 L st. NW. 5Ute 9200, Washington. DC 20005 Te!. 202.632.7003 fax 202.632 7066 WWW.NIGC.GOV 

REGIONAL OFFIC~S Portland. OR: Sacramento, CA: Phoen~x, AZ; St Pzul. MN.Tulsa, OK 
TONKAWA TRIBE OF OKLAHOMA 

TONKAWA TRIBAL COUNCIL 

1 RUSH BUFFALO ROAD, TONKAWA, OKLAHOMA 74653 

PHONE (580) 628-2561 FAX. (580) 628-3375 

WEB SITE: www.tonkawatnbe.com 

May 4,2009 

RESOLUTION: T-R-16-09 

A RESOLUTION REPEALING SECTTON 3.2 AND 3.4 OF THE TONKAWA TMBE OF 

OKLAHOMA GAMING ORDINANCE AND AUTHORIZING SUBMISSION OF THE 

ADMENTMENT TO THE NATIONAL INDIAN GAMING COMMISSION FOR 

IMMEDIATE APPROVAL. 

WEEREAS: The Tonkawa Tribe of Oklahoma is a federaIIy recogni7.d Indian tribe having a 

government-to-government relationship with the United States through the Tribe's 

organization under the authority of the Oklahoma Indian Welfare Act of June 26- 

1936 (49 State. 1967): and 

WHEREAS: The Tonkawa Tribe is organized under a Constitution and By-Laws approved by 

the United States Secretary of the Interior on March 16, 1938 and mtified by the 

citizens of the Tribe on April 2 1, 1938; and 

WHEREAS; The Tonkawa Tribe of Oklahoma, by virtue of the provisions of the Oklahoma 

Welfare Act of 1936, is entitled to all privileges and rights of those Indian tribes 

organized under Section 16 of the of the Indian Reorganization Act of June 

18, 1934 (48 Stat. 984); 

WHEXIEAS: The Tonkawa Tribe has elected a full governmental Tribal Committee consisting 

of Don L. Paterson, Tribal President; James E. Schreen, Vice-President; and 

Candace Myer, Secretary- Treasurer; and 

WHEREAS: The elected members of the Tribal Committee consistent with the powers provided 

by the Tmkawa Tribal Constitution and By-Laws are authorized to speak for and 

act on behalf of the Tonkawa Tribe of Oklahoma. and 

WHEREAS: Pursuant to Article V, Section P of the Tonkawa Constitution the Tonkawa Tribal 

Committee has the duty and authority to act in the best interest of the Tribe to enact 

Iaws to regulate all gaming with the jurisdiction of the Tribe; and 

WHEREAS: By its previous action, the Tribal Committee determined to become involved in 

Class I1 and Class TI1 gaming as such terms are defined in the Indian Gaming 

Regulatory Act, Public Law 100-497, as codified is 25 U.S.C. $270 1 et seq., and 
its implementing regulations promulgated by the National Tndian Gaming 

Commission ("NIGC"); and 

WHEREAS: The Tribal Committee adopted a Gaming Ordinance on January 28, 1997, 

as amended, and duly approved by the NIGC on February 27, 1997, and 

further amended on February 13,2006, and such amendment was approved 

on March 22,2006; and 

WHEREAS: The Tribal Committee finds it necessary to amend said Gaming Ordinance 

to resolve inconsistencies and to provide for more ef'ficient regulation of its 

Gaming Operations, 

NOW THEREFORE BE IT RESOLVED, that the Tonkawa Tribal Committee hereby 

repeals Section 3.2 and 3.4 of the Tonkawa Tribal Gaming Ordinance. 

BE IT FURTHER RESOLVED, that the Tribal President is hereby authorized to take all 

necessary action required to obtaining the full Federal approval of the 

above amendment to the Gaming Ordinance. 

BE IT FURTHER RESOLVED, that this amended section of the Gaming Ordinance 

shall be effective immediately upon Fedem1 approval. 

CERTIFICATION 

We, the undersigned officers of the Tonkawa TribaI Committee, do hereby certify 

that the forgoing Resolution T - R- 1 1 -09 was duly adopted this qh day of May 

, 2009, at a duly called special meeting of the Tonkawa Tribal Committee of the 

Tonkawa Tribe of Oklahoma, by a vote of 3 for, 0 against, and fi abstaining. 

President, Don L. Patterson VP-PrM 
OTHER GAMES OF CBEANCTE shall mean games similar to traditional binga or in 

which colon, symbol or symbols are determined by chce. Such games may be played 

using pull tabs, raffles, tip boards, punch boards, tip jars, paddle wheels, gaming tables, 

tokens, satellite games of chance; or shall have the same meaning as the terns in the act 

of 1988 codified at 25. U.S.C. 2703 (7) (A). Any games which are not prohibited by the 

criminal laws of the State of Oklahoma, or which ate subject to permissive regulation 

pursuant to Oklahoma Law, shall be included in this definition. 

PERSONS ACTING UNDER THE AUTHORITY OR AUSPICES OF TJXE TMBE. 

shall mean: 

A) Persons employed by the Tribe for the specific putpose of managing, conducting, 

or participating in the cdnduct of gaming, and 

B) Persons acting pmt to a \Mitten management contract. 

Any other person, inciuding pwsom alleging oral authorizarion by the Tribe, sbaH bc 

regarded as a "nen authorized personn for the purposes of this Ordinance. 

232 PRlMARY MANAGEMENT OFFICIALS shall mean the person having management 

responsibility for a management contmct, any person who has the authority to lure and 

fire employees or to set up working policy for the gaming operation, and the chief 

financial offices or ather person who has financial management responsibility. 

223 TmAL JURISDICTTON shall refer to all land within the Tribal jutisdiction of the 

Tonkznva Tribe of Oklahoma 

224 TmE shall refer to the Tonkawa Tribe of Oklahoma. 

2-25 VIDEO LOTTERY TERMINAL M1 mean electronic or electromechanical video 

devices that simulate Class U or Class m games, or other gaming forms, which are 

activated by insertion of a coin, token, currency, or credit card devices, and which award 

game credits, cash token, or replays, andlor contain a meter to record unplayed credits or 

replays. 

SECTION 3 

ADMINISTRA'I['XON AND RE;GUI,AZTON 

3.1 STRATION ON BY TONKAWA GAMING COMMBSION. The MI power 

and authori.3 of the Tribe with respect to alt gaming conducted within the Tribal 

jurisdiction is hereby granted by the Tribe to the Gaming Gemmission, The Gaming 

commission will oversee all gaming, gaming enterprises and gaming operators upon 

lands within inthe Tribal jurisdiction and over any gaming activity in which the Tribe has a 

proprietary interest. 
3.2 REGULATION BY THE TONKAWA GAMING COMMISSION. h order to 

provide for the regulation of Tribal gaming there is hereby created the Tonkawa Gaming 

Commission (TGC" hereinafter). The TGC shall be comprised of a Gaming 

Commissioner and Three (3) members. 

33 QUALIFICATIONS AIY7D APPOZNEMNI"MT 

A) The Gaming Commissioner shall be appointed by the Committee and prehce 

shall be gvea to a person with knowledge and experience in the commercial 

gaming industry, familiarity with the Act, and experience in and knowledge of 

administrsri on and administrative procedure. 

B) The members shall be appointed by the Committee. A11 members shall be fbm 

among the Tribal Council. 

C) Appointments of the TGC Commissioner and members shaIl be for a period of 

Four (4) years, except that of the initial members, one will be appointed for one 

(1) year? one for two (2) years, one for three (3) years, and one for four (4) years, 

> which will result in staggered appointment and provide continuity with the TGC. 

The TGC Commissioner and all members may be re-appointed for one term. 

D) No person shall be appointed to the TGC unless the committee is satisfied that: 

1. He or she is a person of good character, honesty, and integrity, whose 

prior activides, criminal records, if any, reputation, habits, and 

associations do not pose a threat to the public irrterest of the Tribe or its 

members, a to the effective regulation of gaming, or create or enhance 

the dangers of unsuitable, unfair, or illegal practices, methods and 

activities in the conducting of gaming or the carryrng on of the business 

and financial arrangements inciderrtal thereto; and 

2. He or she has no interest in any private gaming activity on Indian Lands or 

any activity which may have an interest in conflict with the Tribal gaming 

operations. 

3.4 DUTIES AND POWERS. The TGC shall administer the provisions of this Ordinance 

and shall have all the powers necessary therefore. In exercise of its duties the TGC shall: 

A) Promulgate such rules and regulations as may be necessary and desirable for the 

proper implementation of this Ordinance; 

B) Identify and define the rule of play for each Class IE and Class ID game permitted. 

C) License, supervise, inspect, and oversee all gaming activities and persons 

employed in gaming activities conducted within the Tribal jurisdiction.