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About Siletz news / (Siletz, OR) 199?-current | View Entire Issue (March 1, 1998)
PageM Tribal Government Confederated Tribes of Siletz proposed ordinance and procedures for tribal review. Following are proposals regarding Net Revenues Ordinance, Newspaper Letters Policy, Standing Committee Ordinance, Enrollment Ordinance: Proposed Change; and Siletz Tribal Athletic Commission Ordinance. SECOND DRAFT First Reading 1/17/98 Distribution of Net Revenues Ordinance PROPOSED 56.80 Authority. The Siletz Tribe operates a . gaming enterprise pursuant to the Indian Gaming Regulatory Act (IGRA), 25 USC 2701 et seq. IGRA requires that net revenues from a gaming operation be distributed in five statutory categories: (1) to fund tribal government operations or programs; (2) to provide for the general welfare of the Indian tribe and its members; (3) to promote tribal economic development; (4) to donate to charitable organizations; Or (5) to help fund operations of local government agencies. 25 USC S2710 (b) (2) (B); S2710 (d) (2) (A). In addition, the Siletz Tribe has entered into a Compact for the Regulation of Class HI Gaming with the State of Oregon ("Com pact"), approved March 22, 1995, as amended, pursuant to IGRA, 25 USC S2710 (d) (3). The Compact includes provisions which address use of net gaming revenues by the Siletz Tribe. 56.81 Purpose. The Siletz Tribe has established a gaming enterprise, known as "Chinook ; Winds," to generate revenues to provide services to tribal members, to fund tribal governmental operations, and for other purposes as specified by IGRA. The Distribution of Net Revenues Ordinance shall implement this policy and shall ensure that the Siletz Tribe complies with the requirements of IGRA and the Compact. 56.82 Definitions. - (a) "Community 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 prevention, education and treatment, housing, the arts, the environment, cultural activities, historic preservation, and other charitable purposes. (b) "Gaming Operation" shall mean the Siletz r Tribe's gaming enterprise conducted in the facility known as the "Chinook Winds Gaming and Convention Center" or the the "Chinook Winds Casino" ("Chinook Winds"), located on the Siletz Tribe's reservation in Lincoln City, Oregon, and including gaming and non-gaming activities. Chinook Winds is the subject of the Compact with the State of Oregon. To the extent additional gaming operations are authorized by the Siletz Tribe and such gaming operations comply with IGRA and are the subject of a Compact with the State of Oregon, such gaming * operations shall be included within the definition of Gaming Operation under this Ordinance. (c) "Net Gaming Revenues" shall mean gross' gaming revenues of an Indian gaming activity less amounts paid out as, or paid for, prizes and total operating expenses, excluding Siletz News If you have any questions or comments regarding the following proposed ordinance(s) or policy(ies), please contact the Tribal Secretary at 1-800-922-1399 or 541-444-2532, or mail comments to Tribal Council Secretary, PO Box 549, Siletz, O R 97380. management fees, as defined in IGRA at 25 USC S2703(9). (d) "N et Revenues" shall mean gross revenues of Chinook Winds less' amounts paid out as, or paid for, prizes and total operating expenses, excluding management fees. Net revenues shall include both gaming and non gaming revenues generated by Chinook Winds. (e) "Service Area" shall mean the eleven county geographic territory which the Siletz Restoration Act, 25 USC S7Ï1 et seq., and its legislative history defines as the territory which is deemed equivalent to a reservation for purposes of federal services and benefits. The Tribal Council declares that IGRA i& a federal benefit to Indian tribes under this statute. Part I: Distribution of Net Revenues; Repayment of Capital Costs and Establishment of Community Benefit Fund S6.83 Priority for Distribution of Net Revenues. Net revenues from Chinook Winds shall be dedicated exclusively to repayment of capital costs (repayment of principal), except as set forth in S6.84. To the extent capital costs are amortized or other arrangements exist for repayment of principal ariiounts over time, the priority established in this section shall be satisfied when monthly principal payments la v e been satisfied and sufficient reserves, according to prudent business standards; are in place to make future principal payments. S6.84 Establishment of Siletz Community Benefit Fund. (a) There shall be established a Siletz Community Benefit Fund ("Fund"). Beginning in January 1999, six percent (6%) of annual het gaming revenues from Chinook Winds shall be dedicated to community charitable contribu tions through the Fund. The amount available for distribution to the Fund shall be based on net gaming revenue from the previous calendar year, as set forth below in subsection (b). Monies shall be released to the Fund on a quarterly basis in equal installments. (b) For calendar year 1999, net gaming revenue used to calculate the Fund award amount shall be based on Chinook Winds net gaming revenues during calendar year 1997. For calendar year 2000, net gaming revenue used to calculate the Fund award amount shall be based on the average of Chinook Winds net gaming revenues during calendar years 1997,1998, and 1999. For calendar year 2001 forward, net gaming revenue used to calculate the Fund award amount shall be based on the previous calendar year's net gaming revenue from Chinook Winds. (c) There shall be deducted from the total monies distributed by the Tribe to the Fund each calendar year under subsection (a) an amount equal to the State of Oregon's gaming regulatory costs as set out in 10.B. of the Compact. (d> The full amount of net gaming revenues distributed to the Fund, plus accumulated assets, shall be distributed each year; subject to the conditions set forth in this Ordinance. 56.85 Establishment of Siletz Community Benefit Fund Advisory Committee. There shall be established an Advisory Committee, whose responsibility shall be to solicit and review charitable grant requests made to the Fund, and to recommend approval of specific requests to the Tribal Council. The Advisory Committee established by this Ordinance shall not be a Committee as set out in 2.21 of the Tribal Council Rules of Procedure. The Advisory Committee shall consist of six persons, appointed as follows: (a) One member of the Tribal Council, to be appointed by the Tribal Chairman; (b) Two tribal members of the Siletz Tribe, to be recommended by the Tribal Chairman and approved by the Tribal Council; (c) One member of the public, to be appointed by the Tribal Chairman from à list of candidates submitted by the Lincoln County Board of Commissioners or by' another County Commissioner within the Service Area; • <(d) One member of the public, to be appointed by the Tribal Chairman from a list of candidates submitted by the. Governor of the State of Oregon; and r (e) One member of the public, to be appointed by the Tribal Chairman from a list of candidates submitted by the. Lincoln City Council or by the Siletz City Council. The Advisory Committee may adopt bylaws or rules of procedure to conduct its business as necessary. Costs of operating - the Advisory Committee and reimbursement of expenses of Advisory Committee members and staff, if any shall be made from the assets of the Fund. An annual report shall be issued each year listing Fund assets, operating costs and expenses, and grant awards. The Tribal Council mày modify or alter the structure o f the Advisory Committee as conditions warrant, so long as the substance of the Community Benefit Fund remains unaffected. 56.86 Procedure for Award of Charitable Grants. The Advisory Committee shall establish criteria for the award of assets from the Fund, and shall solicit and review charitable grant requests submitted to the Fund on a quarterly basis, or more often as necessary. Fund assets may be reserved or allocated for multi- grant distributions. The Advisory Committee shall rank grant requests, and shall recommend a list of grant requests for approval to the Tribal Council, with supporting documentation. The Tribal Council shall award charitable grants by Resolution after review of the Advisory Committee's recommendations. =
