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Last amended: 1999
§ 6.80 Authority. The Confederated Tribes of Siletz Indians
of Oregon ("Siletz Tribe") operates a gaming enterprise, established by tribal
charter, on reservation trust land, pursuant to the Indian Gaming Regulatory
Act ("IGRA"), 25 U.S.C. § 2701 et seq. The gaming enterprise operates
a gaming facility known as Chinook Winds Casino and Convention Center. IGRA
provides a statutory basis for the operation of gaming by Indian tribes as a
means of promoting tribal economic development, selfsufficiency and strong tribal
government, and requires that net revenues from any tribal gaming operation
must be used only for the following purposes:
(a) to fund tribal government operations or programs;
(b) to provide for the general welfare of the Indian tribe and its members;
(c) to promote tribal economic development;
(d) to donate to charitable organizations; or
(e) to help fund operations of local government agencies.
See 25 U.S.C. § 2710(b)(2)(B); 25 U.S.C. § 2710(d)(2)(A); 25 U.S.C. § 2702. This requirement is also set out in federal regulations at 25 CFR § 522:4 and 25 CFR § 522.6. The Siletz Tribal Council, pursuant to its delegated authority set forth at Article IV, Section 1 of the Siletz Constitution, has authority to carry out the purposes of the Siletz Constitution, one of which is to "acquire, develop and conserve resources to achieve economic and social self-sufficiency for our tribe."
§ 6.81 Purpose.
The Siletz Tribe established its gaming enterprise
and operates Chinook Winds Casino to generate revenues to provide services to
tribal members and their families, to fund tribal government operations, and
for other purposes specified by IGRA. The purpose of this Ordinance is to establish
a plan and procedure for the disbursement and use of net revenues from the Siletz
Tribe's gaming operation consistent with IGRA, with the Siletz Constitution
and with tribal law.
§ 6.82 Definitions.
Except as specifically defined herein, the terms
used in this ordinance shall have the meaning given them in the Indian Gaming
Regulatory Act, or in federal regulations and policies implementing said Act.
(a) "Charitable contributions" shall mean grants to charitable organizations or local governments within the Siletz Tribe's Service Area for any of the following purposes: education: health; public safety; gambling addiction education, prevention, and treatment; housing; the arts; the environment and natural resource preservation; cultural activities; historic preservation; and other charitable purposes. See § 6.87(a), for further clarification of these terms.
(b) "Excess tribal net revenues" shall mean those net revenues of the Siletz Tribe's gaming operation less amortized payment of the gaming operation's capital, construction, and equipment costs.
(c) "Gaming Operation" shall mean the
Siletz Tribe's gaming enterprise conducted in the Gaming Facility known as the
"Chinook Winds Casino and Convention Center" or the "Chinook Winds Casino" ("Chinook
Winds"), located on trust land within the Siletz Tribe's reservation in Lincoln
City, Oregon. Both gaming and non-gaming activities take place within Chinook
Winds. Chinook Winds Casino is the subject of a Tribal-State Compact negotiated
with the State of Oregon and approved by the Secretary of the Interior, pursuant
to IGRA, as amended.
The Siletz Tribe operates a non-profit bingo operation on trust lands of the
Siletz Reservation in Siletz, Oregon.
To the extent additional gaming operations are authorized by the Siletz Tribe
pursuant to IGRA, such gaming operations shall be included within the definition
of Gaming Operation under this Ordinance.
(d) "Net revenues" shall mean gross revenues of an Indian gaming operation less -
(1) amounts paid out as, or paid for, as prizes; and
(2) total operating expenses of the Indian gaming operation, excluding management fees. See 25 U.S.C. § 2703(9).
(e) "Service Area" shall mean the eleven county geographic territory which the Siletz Restoration Act, 25 U.S.C. § 711 et seq. its legislative history and technical amendments define as the territory which is deemed equivalent to a reservation for the Siletz Tribe, for purposes of federal services and benefits.
Part I - Distribution of Net Revenues; Repayment of Capital, Construction, and Equipment Costs
§ 6.83 Priority for Distribution of Net Revenues.
Net revenues from the Siletz Tribe's Gaming Operation shall be dedicated exclusively, as a first priority, to repayment of capital, construction, and equipment costs (repayment of principal) of the Gaming Operation known as Chinook winds and which are the subject of written contracts or agreements. To the extent such costs are amortized or other arrangements exist for repayment of principal amounts over time or pursuant to a formula, the priority established in this Section for use of Net revenues shall be satisfied when monthly principal payments specified in the contracts or agreements have been made and sufficient operating reserves, according to prudent business standards or set forth in such contracts or agreements, are in place to make future operational and principal payments.
Part II - Distribution of Net Revenues; Distribution of Excess Tribal Net Revenues
§ 6.84 Procedure for Distribution of Excess Tribal Net Revenues.
(a) Priority for Distribution of Excess Tribal Net Revenues. Excess tribal net revenues shall be disbursed after disbursement of Net revenues as set out in § 6.83 has been satisfied.
(b) Categories and Formula for Distribution of Excess Tribal Net Revenues. Excess tribal net revenues shall be distributed by the Tribal Council as specifically authorized by IGRA and as set forth in Tribal Council Resolution No. 95-238, passed on July 16,1995, as modified in this Ordinance, in the following categories and amounts:
Fiscal Year Net Revenues
| Category | 1998 | 1999 | 2000 | 2001 | 2002- |
| Government Operations | 20% | 20% | 20% | 20% | 20% |
| General Welfare | 25% | 25% | 25% | 40% | 40% |
| Economic Development | 20% | 20% | 20% | 15% | 15% |
| Investments | 30% | 30% | 30% | 20% | 15% |
| Charitable Purposes | 05% | 05% | 05% | 05% | 05% |
(c) General Procedure for Distribution of Excess Tribal Net Revenues.
Excess tribal net revenues for a particular fiscal year for the Gaming Operation
shall be certified to the Tribal Council by an independent auditor within ninety (90) days after the end of each
fiscal year, as part of the independent annual audit conducted of the Gaming Operation pursuant
to the Compact and IGRA. This amount shall then be allocated into the categories as set forth
in subsection (b), and expenditure of those funds, except for funds allocated pursuant to §§
6.85 and 6.87, shall be accomplished pursuant to the Siletz Budget Ordinance. Except for the category
of charitable purposes, addressed in § 6.87, the Tribal Council may establish procedures
or advisory bodies, as necessary and appropriate, to recommend how and for what purposes excess tribal
net revenues should be expended in the various categories.
§ 6.85 Procedure for Distribution of Revenues Distributed to the Investments
Category.
(a) Policy. It shall be the policy of the Siletz Tribe to invest a percentage of excess tribal net revenues, as set but in § 6.84(b), to meet the long term needs of the Tribe in Government Operations, General Welfare, and Economic Development. The principal accumulated under this investment category shall be preserved, and only the earnings from principal shall be available for annual expenditure, pursuant to the procedures of the Budget Ordinances of the Tribe.
(b) Procedure. Excess tribal net revenues distributed to the Investments category pursuant to § 6.84 shall be invested pursuant to the formal investment policy of the Tribe. Each year the Tribe shall, in its budget procedure, allocate the earnings earned in the previous year from said investments to the three IGRA categories set out in this Section (Government Operations, General Welfare, and Economic Development), in percentage amounts approved by the Tribal Council. The Tribe shall authorize use of funds from the investment fund principal only on an extraordinary basis, only for a specific stated purpose, and only by a two-thirds (2/3) vote of the seated members of the Tribal Council.
Part III - Distribution of Excess Tribal Net Revenues; Charitable Contributions
§ 6.86 Policy.The Siletz Tribe is a permanent and important component of the local community. The Tribe is an active participant in local governmental and community affairs. The Tribe has affirmed its participation as a member of the community in part through its long-standing financial commitment to and support of local governments and charitable causes. The Siletz Tribe hereby reaffirms that its support of local government and the local community is of an on-going and permanent nature.
§ 6.87 Procedure for Disbursement of Funds from the Charitable Purposes
Category of Excess Tribal Net Revenues.
(a) Disbursements to Local Governments; Tribal Expenditures. The Siletz Tribe may enter into intergovernmental agreements with local governments to fund costs associated with the presence of the Gaining Operation in the community, or to fund requests from local governments. Inter-governmental agreements involving the funding of infrastructure costs associated with the presence of the Gaming Operation in the community shall be funded as an operating cost of the Gaming Operation. Charitable activities sponsored by or operated by local governments shall be funded pursuant to this Part.
The Tribe funds tribal programs which include the charitable purposes defined at § 6.82(a). Regular tribal programs shall not be funded from the Charitable Purposes Category of Excess Tribal Net Revenues.
(b) Disbursements for Charitable Purposes. The Siletz Tribe has allocated a percentage of excess tribal net revenues of the Gaming Operation to the Charitable Purposes Category for distribution for charitable purposes. The Tribal Council shall make grants of funds from this account to entities who request funding from the Tribe for charitable purposes, after review and upon the recommendation of an Advisory Board.
(c) Establishment of the Advisory Board. An Advisory Board shall be established by the Tribal Council, whose responsibility shall be to solicit and review charitable grant requests made to the Tribe pursuant to this Section, and to recommend funding of specific requests to the Tribal Council. The Advisory Board established by this Section shall not be a Committee as set out in § 2.21 of the Tribal Council Rules of Procedure or pursuant to the Tribe's Standing Committee Ordinance. The Advisory Board shall consist of seven (7) persons, appointed to the Board as follows:
(1) one member of the Siletz Tribal Council, to be appointed by the Tribal Chairman, with approval of the Tribal Council;
(2) three tribal members of the Siletz Tribe, to be recommended by the Tribal Chairman and approved by the Tribal Council;
(3) " two non-tribal members from a list of candidates mutually agreeable to the Governor of the State of Oregon and the Tribal Chairman and comprised of residents of Lincoln County, to be selected by the Tribal Chairman and approved by the Tribal Council; and
(4) one member of the public, to be selected by the Tribal Chairman from a list of candidates submitted by the Governor of the State of Oregon comprised of residents of the Tribe's Service Area, and approved by the Tribal Council.
(d) Advisory Board Procedure. The Advisory Board may adopt bylaws or rules of procedure as necessary to conduct its business. Costs of conducting the business of the Advisory Board and reimbursement of expenses of Advisory Board members and staff, if any, shall be made from the funds allocated to the Charitable Purposes Category. The Advisory Board shall issue an annual report each year setting out charitable activities funded, Charitable Purposes Category assets, operating costs and expenses, and grant awards made during the past year. The Tribal Council may modify or alter the structure of the Advisory Board as conditions warrant, by a 213 vote of the full Tribal Council.
(e) Role of the Advisory Board. The Advisory Board shall establish criteria for the award of funds each year from the Charitable Purposes Category. The Board shall solicit and review on a quarterly basis charitable grant requests submitted to the Tribe or to Chinook Winds, or more often as necessary. Funding requests shall be limited to entities and activities located in the Siletz Service Area, or to Native American entities or activities located anywhere in the United States. Charitable Purposes Category funds may be reserved for or allocated to mufti-year grant distributions. The Advisory Board shall rank grant requests and shall recommend a list of grant requests to the Tribal Council for approval, with supporting documentation. The Tribal Council shall make final ant awards by Tribal Council Resolution, after review and discussion of the Advisory Board's recommendations.
(f) Structure of the Advisory Board. Members of the Advisory Board shall be removed only for cause, in a hearing before the Tribal Council at which the accused Advisory Board member shall be provided the opportunity to appear and present evidence on his or her own behalf. The term of office of Advisory Board members shall be three (3) years. Vacancies on the Advisory Board shall be filled according to the requirements for Board members set out in subsection (c) of this Section.
(g) Other Charitable Requests. The requirements of this Section shall apply to charitable requests funded from Net revenues as defined by this Ordinance. The Tribal Council may choose by Resolution to apply the procedures of this Section to charitable funding requests involving other tribal funding sources.
§ 6.88 Amendment.
This Ordinance shall not be amended or revoked except by a two-thirds vote of seated members of the Tribal Council.
CERTIFICATION
The foregoing ordinance was amended by the Siletz Tribal Council at a Special Council meeting held on July 6,1999 at which a quorum was present, and the ordinance was adopted by a vote of 6 FOR, 0 AGAINST, and 0 ABSTAINING.
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SILETZ TRIBAL COUNCIL By /s/ |
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Distribution of Net Revenues Ordinance |
Adopted July 6,1999 Resolution #99-224 |