Elk
Valley Rancheria Ordinance No. 00-18
AN ORDINANCE OF THE TRIBAL COUNCIL OF THE ELK VALLEY RANCHERIA
ADOPTING AND ADDING A NEW CHAPTER TO THE ELK VALLEY TRIBAL CODE ENTITLED:
USE OF GAMING REVENUES
[Chapter] - Use of Gaming Revenues
The Tribal Council ("Tribal Council") of the Elk Valley Rancheria
("Tribe") hereby ordains as follows:
Section 1. Findings and Policy. The Tribe hereby finds
and declares as follows:
1. The
Tribe operates a gaming facility which produces revenues which are
subject to the control of the Tribal Council.
2. Under
the Indian Gaming Regulatory Act ("IGRA") 25 U.S.C. §2710
(b) (2), and Section 6 (b) of the Elk Valley Gaming ordinance of 1999,
the Tribal Council may use gaming revenues:
A.
To fund Tribal government operation or programs;
B.
To provide for the general welfare of the Tribe and its members;
C.
To promote the economic development of the Tribe;
D.
To provide per capita payments to the members of the Tribe; and
E.
To donate to charitable organizations.
3. Under
the IGRA, the Tribal Council may use net revenue from gaming activities
to make per capita payments to Tribal members, if:
A.
The Tribe has prepared a plan to allocate revenue to uses authorized
under this Ordinance;
B.
The plan is approved by the Secretary of Interior;
C.
The interests of minors and other legally incompetent persons are
adequately protected and preserved and the per capita payments are
distributed 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;
and
D.
The per capita payments are subject to Federal taxation and Tribal
members are notified of their tax liability when payments are made.
4. The
purpose of this Ordinance is to provide a plan for the use of gaming
revenues and the rules respecting the distribution of said funds for
various purposes.
5. The
Tribal Council finds that the general welfare of Tribal members is
best served if an amount not to exceed 30% of the Tribe's share of
the net revenues of the gaming enterprise are distributed per capita
to Tribal members and at a minimum 70% of the revenues are used for
tribal programs that benefit the members collectively.
6. No
gaming revenue funds will be subject to child support, garnishment,
and/or divorce settlements, only the tribal member as designated on
the Tribe's Tribal rolls will be entitled to payment.
Section 2. Adoption and Adding of a New Chapter to the Tribal Code Entitle
"Use of Gaming Revenues." A new Chapter is hereby
adopted and added to the Elk Valley Tribal Code and shall provide as
follows:
USE OF GAMING REVENUES
Sections:
1.010
Definitions.
1.020 Division of Net Revenue.
1.030 Per Capita Payments.
1.040 Tribal Program Funds.
1.050 Approval of Budget.
Section 1.010 Definitions. In construing the provisions
of this Ordinance, the following words or phrases shall have the following
meanings:
A. "Budget
Ballot Committee" means a five (5) member committee consisting
of Tribal members appointed by the Tribal Council to conduct an election
of the budget as provided in Section 1.050.
B. "Master
trust agreement" means the following trust agreement:
1.
Under the trust agreement each minor is a beneficiary and the Tribal
Council is the trustee.
2.
The trustee is required to separately account for each beneficiary's
trust assets and to notify each parent and/or legal guardian for
whom it has an address of each deposit to the minor's account and
provide each such parent with an annual report of the account balance.
3.
The trustee is required during the term of the trust to preserve
the trust assets for the benefit of the beneficiary by investing
them to produce a reasonable rate of return consistent with insuring
the preservation of principal. The trustee may pool trust assets
of minors for investment purposes as long as the trustee accounts
for each minor's individual share of trust assets and the income
or capital appreciation attributable to that minor's share thereof.
4.
The trustee is authorized to expend trust funds for the benefit
of the beneficiary, when in the sole discretion of the trustee,
such expenditure is absolutely necessary for the education, health,
housing or career of the beneficiary.
a.
The beneficiary or his or her parent or guardian, if the beneficiary
is a minor, may file a written request with the Tribal Council
to expend funds for the beneficiary during the term of the trust.
The burden shall be on the applicant to demonstrate that the expenditure
is absolutely necessary for the medical care, education, health,
housing or career of the beneficiary to the extent no other funds
are available for these purposes, including public assistance
and medicaid. Funds may be used to assist in the purchase of a
house or condominium for a beneficiary, only if title is taken
in the beneficiary's name. Funds may not be used for rent or to
meet the beneficiaries ordinary living expenses. The Tribal Council
may impose conditions on the use of the money it deems necessary
to insure that the expenditure benefits the beneficiary. Such
conditionals may include paying the funds directly to the vendor,
school, health care provider, etc., which provides goods or services
to the beneficiary. Whenever per capita funds are disbursed to
the parent or guardian of a minor beneficiary, the parent or guardian
shall file with the Tribe, on a quarterly basis, an accounting
of the expenditure of the disbursed funds, along with receipts
and/or other documentation substantiating the accounting. The
Tribal Council shall deny the application when the requested expenditure
is not absolutely necessary for the medical care, education, health,
housing or career of the beneficiary.
b. The Tribal Council shall consider the application in a closed
session at its next regular meeting after the application is submitted.
The Tribal Council shall provide notice of the time and place
of the meeting to each parent and/or legal guardian of the beneficiary,
if it knows the parent's address, and the parents reside separately.
The beneficiary and each of his or her parents or legal guardians
may address the Tribal Council at that time.
c.
If the minor, parent(s) or legal guardian remains dissatisfied
with the decision of the Tribal Council, he or she may appeal
that decision to the General Council by filing a written request
for an appeal with the Secretary of the Tribal Council. The written
request shall include a waiver of confidentiality, because the
Tribe cannot preserve confidentiality in an appeal to the General
Council. The General Council shall consider the appeal at its
next regular or official meeting after the appeal request is filed
with the Tribal Council. Notice of the meeting shall be provided
as set forth in section b. The decision of the General Council
shall be final for the Tribe.
5.
The trust terminates on the beneficiary's 21st birthday or upon
the death of the beneficiary, if he or she dies before age 21 or
on the beneficiary's 18th birthday if the beneficiary is enrolled
as a full-time student and is attending or scheduled to attend in
the fall semester, an accredited college or vocational school, accredited
by the state where the school is located.
a. A beneficiary who is 18 years old or older may designate who
will receive his or her trust assets, if he or she dies before
age 21. To do so, the beneficiary must fill a notarized statement
with the Treasurer of the Tribal Council ("Treasurer")
containing the full name, age and address of the person or persons.
The beneficiary may change the designation at any time by filing
a new notarized statement.
b.
Upon termination of the trust and as soon as is administratively
feasible, all trust assets shall be transferred free of any restrictions
or encumbrances to the beneficiary, designee(s), or tribal member
parent or parents, if the beneficiary dies without designating
a successor or while still a minor. If a deceased beneficiary
is survived by two tribal member parents, the trust assets shall
be divided equally between them, unless the Tribal Council on
a referral by the treasurer finds good cause for a different division,
subject to an appeal to the General Council as provided in subsection
4.c. If a beneficiary dies without designating a beneficiary and
is not survived by tribal member parents, the trust assets shall
be transferred in accordance with the California Probate Code.
The transfer to the beneficiary shall be made in four equal installments
every three months over the 12 month period following termination
of the trust. The transfer shall be made in a single lump sum
payment if the trust terminates as a result of the beneficiary's
death.
C. "Minor"
means a Tribal member under the age of 18 whose date of birth and
certificate have been provided to the Tribe. A minor shall be considered
an adult Tribal member, if the minor has been emancipated by a court
of competent jurisdiction. An emancipated minor must file a certified
copy of the court order with the Treasure. If the minor has not filed
such an order with the Treasurer, he or she shall be considered a
minor for all purposes under this Article, until on after the date
such order is filed with the Treasurer.
D. "Minor's
account" means an account in a federally insured financial institution
or a financial instrument backed by the full faith and credit of the
federal government or other prudent investment authorized by an investment
policy for minor's trust funds adopted by resolutions of the Tribal
Council opened or acquired by the Treasurer under the Master Trust
Agreement. A minor's account may include funds of more than one minor
which have been pooled for investment purposes provided the trustee
accounts separately for each minor's share of the pooled funds.
E. "Net
revenues" means gross revenues from the Elk Valley Casino/Gaming
facility less amounts paid out as, or paid for, prizes, total operating
expenses, and required payments on any capital advance or loan and
excluding management fees.
F. "Net
revenues account" means one or more accounts in a federally
insured financial institution or a financial instrument backed by
the full faith and credit of the federal government, at least one
of which is interest bearing, into which the Treasurer deposits, or
which the Treasurer purchases with net revenues exclusively. No other
funds shall be deposited or used to purchase instruments in the net
revenues account.
G. "Payment
date" means the fifteenth day of the month following the
last day of the quarter or any other date established by resolution
of the Tribal Council.
H. "Per
capita payment" means a payment from net revenues in any quarter
to a living Tribal member who has a current address on file with the
Treasurer, the amount of which is determined by dividing the total
Net Revenue available for distribution by the number of Tribal members
living on the payment date who have current address on file with the
Treasurer or an amount approved by resolution of the Tribal Council
provided the total amount distributed to Tribal members in any given
year does not exceed 30% of Net Revenues. Per capital payments shall
be equal in amount for each Tribal member entitled to a payment.
I. "Per
capita payment account" means a separate account in a federally
insure financial institution which can be used to distribute funds
to Tribal members through checks, electronic fund transfers or other
means.
J. "Quarter"
means the following three month periods in any calendar year: January
1 to March 1, April 1 to June 30, July 1 to September 30 and October
1 to December 31.
K. "Treasurer"
means the Tribal Treasurer as specified in the Constitution of the
Elk Valley Rancheria or some other employee or official designated
by resolution of the Tribal Council to administer Net Revenues under
this Ordinance.
L. "Tribal
member" means any person, regardless of age, who is an enrolled
member of the Elk Valley Rancheria for the entire quarter in which
a per capita payment is made.
M. "Tribal
program accounts" means one or more separate accounts in
a federally insured financial institution or financial instrument
backed by the full faith and credit of the federal government or other
approved investment under a tribal funds investment policy adopted
by the Tribal Council into which the Treasurer deposits Tribal program
funds.
Section 1.020 Division of Net Revenues.
A. Upon
receipt of the Tribe's share of Net Revenues, the Treasurer shall
deposit the funds in the net revenues account.
B. By
the twelfth day of the month following the last month of each quarter,
or on any other date specified by the Tribal Council by resolution,
the Treasurer shall prepare an accounting of the total net revenues
in the Net Revenues Account. The Treasurer shall deposit that amount
or percentage approved by resolution of the Tribal Council of the
total Net Revenues in the Per Capita Payment Account and the designated
balance in the Tribal Program Account, provided that the amount or
percentage approved by the Tribal Council by resolution does not exceed
30% of the Net Revenues.
C. The
Treasurer shall prepare and present to the Tribal Council at its next
regular meeting a report of the accounting prepared pursuant to this
Section, the balance of the Per Capita Payment and Tribal Programs
Accounting, and the amount of the Per Capita Payment for the quarter
or for whatever time period specified by the Tribal Council by resolution
(hereafter, "the quarterly report").
Section 1.030 Per Capita Payments.
A. Within
ten (10) days after BIA approval of this Ordinance, and on the same
date each year thereafter ("notice date"), the Treasurer
shall provide notice to Tribal members or the parents or guardians
of minors or incompetent members that in order to receive Per Capita
Payments the Tribal member or his or her parent or legal guardian
must provide the Treasurer with a current address. The Treasurer shall
be entitled to rely on the address provided by the member or other
authorized instructions filed with the Treasurer. The notice shall
also inform Tribal members that they may notify the Treasurer to mail
their payment, automatically deposit the payment in a designated account
or hold the payment at the tribal office for the member to pick up.
If signed and notarized by the member or his or her legal guardian
or conservator, the instructions may authorize the Treasurer to release
the check to another person. The member or authorized recipient shall
provide picture identification when he or she picks up the check.
The Treasurer shall only release the check upon presentation of adequate
identification.
B. Such
notice shall be given by regular first class mail to any Tribal member
for whom the Treasurer has a mailing address.
C. For
a period of ten (10) days after the notice date, the notice shall
be conspicuously posted in area readily visible to the general public
in the tribal office and the Elk Valley Casino/Gaming Facility.
D. The
notice shall be published as soon after the notice date as is possible
in a newspaper of general circulation in the County of Del Norte.
Failure
of any Tribal member to receive actual notice shall not give that
Tribal member any right of action or claim against the Elk Valley
Rancheria, its officers, agents or employees, or impose any obligation
on the Elk Valley Rancheria or any of its officers, agents or employees.
E. By
no later than the 15th day of the month following the last month of
each quarter or on any other date specified by the Tribal Council
by resolution, provided the Tribal Council has, by resolution, designated
an amount or percentage for Per Capita payments, the Treasurer shall
make the per capita payment for the quarter or other date specified
by resolution of the Tribal Council:
1.
To each Tribal member who is not a minor, by mailing checks, transferring
funds, or issuing and holding checks as directed by the Tribal member
in the absence of specific instruction from the Tribal member, the
Treasurer shall mail the Tribal member's check to the address on
file with the Treasurer;
2.
To each minor by depositing the Per Capita Payment in the Minor's
Account. The Treasurer shall give notice of the deposit provided
in section 1.035(B).
F. A
copy of the quarterly report and a notice that Per Capita Payments
are subject to federal income tax shall be furnished to each member
with their per capita payment. The notice shall also provide that
the Treasurer will file a form 1099 with the Internal Revenue Service,
if required by the Internal Revenue code. The notice shall state that
beginning January 1, 1995, the Tribe withholds federal income tax
from Per Capita Payments if the monthly payment exceeds $1600 or such
other amount as the Internal Revenue Service (IRS) may require. Unless
requested in writing to withhold a larger sum by the member, the Tribe
will calculate federal withholding, using the Tables for withholding
on Distributions of Indian Gaming Profits to Tribal Members provided
by the IRS. The Tribe will report Per Capita Payments to the IRS on
forms 1099, 1098, 5498 or W-2G and make withholding deposits with
the IRS, using Form 8109.
G. When
an adult tribal member is legally incompetent, the legally incompetent
tribal member's per capita distribution funds shall be disbursed to
the incompetent tribal member's legal guardian or conservator. Such
disbursement shall be made to the incompetent tribal member's legal
guardian or conservator only if a certified copy of the letters of
guardianship or conservatorship of the estate have been filed with
the Tribe. All per capita distribution funds disbursed to an incompetent
tribal member's guardian or conservator shall be used exclusively
for the health, education, or welfare of the incompetent tribal member
at such times and in such amounts as are necessary. The guardian or
conservator shall file with the Tribal Council, on an annual basis,
an accounting of the expenditure of the per capita distribution funds,
in a form substantially similar to the accounting required under the
probate code of the jurisdiction in which the guardian or conservator
and the incompetent adult reside. Where the Tribal Council refused
to disburse the per capita distribution funds to the guardian or conservator
of an incompetent tribal member on the grounds that the funds are
not being used exclusively for the health, education or welfare of
the incompetent tribal member, or because the guardian or conservator's
accounting of the expenditure of the per capita funds is inadequate,
the guardian or conservator may appeal the Tribal Council's decision
pursuant to the procedures set forth in Section 1.010(B)(4)(b) and
(c).
H. Only
Tribal members living on the payment date and who have current addresses
on file with the Treasurer are entitled to a per capita payment, payment
from the minor's account or distributions of the assets of the minor's
account upon termination of the trust. If a Tribal member dies after
the payment date but before the Treasurer makes the per capita payment
and the Treasurer has prior notice of the death, the Treasurer shall
hold the Tribal member's per capita payment and dispose of it as an
asset of the deceased member's estate pursuant to the California Probate
Code. The Treasurer shall have no obligation to invest such payment
or pay any interest thereon. If a trust beneficiary dies before his
or her 21st birthday under these same circumstances, the funds shall
be disbursed according to Section 1.035(F).
I. Except
as provided in Section 1.030(E) above, nothing in this Ordinance is
intended to vest or vests in any Tribal member or any other person
any right or interest in the Elk Valley Casino/Gaming Facility, the
income produced by such facility, any other tribal assets, or the
income produced by such assets. The Tribal Council reserves the right
to amend or repeal this Ordinance at any time and such amendment or
repeal shall not represent a taking of any vested property right provided,
however, that no such amendment shall be effective until it has been
approved by the Secretary of the Interior in accordance with applicable
federal laws.
J. If,
for any reason, the Treasurer cannot perform his or her duties required
by this Section, the Tribal Council shall have the authority to appoint
a qualified financial officer to perform the duties of the Treasurer
required by this Section until such time as the Treasurer is able
to perform said duties.
K. Any
Tribal member may elect, by providing written notification to the
Tribal Council, to establish an irrevocable trust with the Tribal
Council as the trustee and require that his or her Per Capita Payment
be paid into the irrevocable trust in accordance with the Written
Trust Agreement establishing the trust.
Section 1.035 Master Trust Agreement.
A. The
Tribal Council shall execute a trust agreement for each minor of the
Tribe designating each minor as a beneficiary and the Tribal Council
as trustee.
B. Each
minor who is a qualified member shall receive a maturity payment on
the occurrence of either one of the following, whichever occurs first:
(1) the beneficiary's eighteenth birthday or if the beneficiary has
graduated from high school, obtained his/her GED or is senior in high
school, obtained end of his/her senior year and/or (2) upon the death
of the beneficiary if he/she dies before age eighteen, application
for maturity payment shall be approved upon sufficient evidence showing
eligibility to the Tribal Council.
C. Upon
termination of the trust and as soon as is administratively feasible,
all trust assets shall be transferred free of any restrictions or
encumbrances to the beneficiary, designee(s), or Tribal member parent
or parents, if the beneficiary dies without designating a successor
or while still a minor. If a deceased beneficiary is survived by two
Tribal member parents the trust assets shall be divided equally between
them, unless the Tribal Council, on a referral by the Treasurer finds
good cause for a different division. If a beneficiary dies without
designating a beneficiary and if not survived by a Tribal member parent(s),
the trust assets shall be transferred in accordance with the California
Probate code. The transfer to the beneficiary shall be made in four
equal installments every three months over the twelve (12) month period
following termination of the trust. The transfer shall be made in
a single lump-sum payment, if the trust terminates as a result of
the beneficiary's death.
Section 1.040 Tribal Program Funds.
A. Prior
to the commencement of the Tribe's fiscal year or as often as once
each quarter, in the discretion of the Chief Financial Officer ("CFO")
for the Tribe, he or she shall prepare, in consultation with the heads
of the tribal departments, a proposed budget for the funds contained
in the Tribal Programs Account.
B. The
proposed budget shall consist of two parts:
1.
A line item budget showing in columns the individual expenditures
grouped by categories with subtotals for each category, department,
and/or project; and
2.
A budget narrative for each expenditure or project explaining how
the expenditure will achieve the stated goals.
C. The
budget shall explain in both parts how other funds budgeted to the
department or project will be used in combination with the Tribal
Programs Account funds. It also may project expenditures that will
require funds from future quarters. If a proposed budget anticipates
funds from a future quarter or quarters, the budget narrative shall
explain why budgeting the additional funds is necessary. The budget
may anticipate accumulating funds from future quarters for a particular
project or financing a project by pledging future revenues to repay
borrowed funds.
D. If
the Tribal Council approves a budget that anticipates or relies upon
funds from a future quarter or quarters, any contracts or other commitment,
including employment or or financing contracts dependent on that future
funding, shall contain an express written provision, making an expenditure
of funds beyond those funds available at the time of budget approval
subject to the availability of funds in future quarters.
E. The
permissible uses of Tribal Program Account funds shall include, but
are not limited to, the following uses:
1.
Health and welfare;
2.
Education;
3.
Investment Portfolio/Economic Development (money market funds, certificates
of deposits, AA or better rated stocks and bonds, including investment
in tribally owned businesses, etc.);
4.
Tribal Infrastructures;
i.
Physical infrastructure shall include construction, maintenance,
and improvements to curbs, gutters, sidewalks, waterlines, sewer
lines, lighting, landscaping, parking lots, equipment for fire
and police department, etc.);
ii.
Administrative infrastructure shall include police department,
fire department, water department, sewer department, public works
department, etc.);
5.
Housing (new housing, rehab, emergencies, repairs, or natural disaster,
etc.);
6.
Social Services (i.e., housing subsidies, food subsidies, alcohol,
drugs, and family counseling, etc.);
7.
Land Acquisition (i.e., purchase, escrow and title fees, broker
commission, taxes and insurance, maintenance - street and sewer
- planning, mapping, surveying engineering, management and accounting
and capitol cost);
8.
General Administration (salaries and fringe benefits for Tribal
staff, planning department, fiscal department, Tribal Attorney,
Tribal Administration, Tribal Court, Gaming Commission, Tribal Council,
etc.};
9.
Charities (to be determined and approved by Resolution of the Tribal
Council from time-to-time); and
10.
Youth and Seniors.
F. No
Tribal Programs Account funds shall be used to make payments to or
on behalf of individual Tribal members, unless a specific program
authorizing such payment has been approved by the Tribal Council.
The approved program must include objective standards for determining
eligibility for the payments and the amount of the payment. Subject
to the availability equally to all Tribal members who meet the eligibility
requirements, which shall not discriminate among Tribal members on
the basis of race, religion, age, sex, sexual orientation, marital
status, income, geographic location, or physical or mental disability.
G. The
budget shall be approved in accordance with the procedure as set forth
in Section 1.050 "Approval of Budget."
Section 1.050 Approval of Budget.
A. Approval
by the Tribal Council.
1.
The Tribal Council shall consider the proposed budget at a noticed
public hearing.
2.
The notice shall state the date, time, and place of the hearing,
which may be a regular or special Tribal Council meeting and shall
notify Tribal members where the budget is available for review for
a period of ten (10) days prior to the hearing.
3.
Notice shall be given as provided in Section 1.030(1)b-c.
4.
At the hearing, the Tribal Council shall allow any Tribal member
to submit and shall consider written or oral comments on the proposed
budget.
5.
After opening the hearing, the Tribal Council may continue the hearing
without renoticing it.
6.
After closing the hearing, the Tribal Council shall allow, approve,
modify or reject the budget.
7.
If the Tribal Council fails to approve the budget by a majority
of the members of the Tribal Council as provided in this Subsection,
then the Council shall call for a General Council meeting as provided
for in Subsection B below to approve the budget.
B. Approval
by the General Council.
1.
The General Council shall consider the budget as further provided
herein and may approve, modify or reject the budget by a majority
vote at a duly called General Council meeting at which a quorum
is present.
i.
Not less than forty-five (45) days prior to the General Council
meeting, the CFO shall give notice by first class mail of the
meeting to all members who have an address on file The notice
shall state the time, date, and place of the meeting and shall
enclose a copy of the proposed budget.
ii.
Copies of the proposed budget shall also be available at the Tribal
office for any member requesting one.
2.
At the General Council meeting, the CFO shall review the budget
for the members, after which the Tribal Chairperson shall call for
a vote on the budget. The budget shall be approved by a majority
vote of those in attendance.
3.
If a quorum fails to attend the General Council meeting within one
hour after the time the meeting was scheduled to begin, the Chairperson
shall adjourn the meeting and the Budget Ballot Committee shall
mail absentee ballots to all Tribal members with instructions to
mark the ballot in favor or against the proposed budget and return
the ballots by mail or in person to the tribal office by 3:00 p.m.
on the date not earlier than fifteen (15) days after the ballots
are sent. After 3:00 p.m. on that date, the Budget Ballot Committee
shall count and tabulate the ballots and announce the election results.
The budget shall be approved by a majority vote of those casting
ballots.
Section 3. Dispute Resolution.
The
Elk Valley Tribal Court shall have jurisdiction of all disputes between
the Tribe and a Tribal Member regarding the eligibility to receive,
the payment of ore the investment of a Per Capita Payment arising under
this Ordinance. If no Tribal Court exists to resolve the dispute, then
the Elk Valley Gaming Commission shall have jurisdiction to hear and
resolve the dispute under such rules of procedure that the Commission
may adopt from time to time for that purpose. In the event that the
Commission does not adopt any specific rules of procedure for resolving
disputes arising under this Section 3 then in that event, the Commission
shall apply the rules of procedure adopted by the Commission for resolving
patron disputes to resolve disputes arising under this Section 3.
Section 4. No waiver of Tribal Sovereignty.
No
provision of this Ordinance expressly or impliedly waives the sovereign
immunity of the Elk Valley Rancheria and its officers and employees
or is intended to operate as a consent to suit.
Section 5. Severability.
In the event that nay Section or provision of this Ordinance is held
or determined to be invalid by any Court of competent jurisdiction,
it is the intent of the Council that the remaining Sections or provisions
of this Ordinance, and any amendments of this Ordinance, shall continue
in full force and effect.
Section 6. Amendments.
This
Ordinance may be amended at any time by the Tribal Council, when such
amendment is necessary to promote the general health, safety, and welfare
of the Tribe or its members. The Tribal Council expressly reserves the
right to amend this Ordinance subject to the approval of this Ordinance
by the Secretary of the Interior, if said approval is required by applicable
federal laws.
Section 7. Repeal of Prior Ordinances.
All
prior Ordinances previously enacted by the Tribal Council, which are
inconsistent with the provisions of this Ordinance, are hereby repealed.
If the provisions of this Ordinance conflict with the provisions of
any other Ordinance, the provisions of this Ordinance shall control.
Section 8. Effective Date.
This
Ordinance shall take effect immediately after its adoption by the Tribal
Council and its approval by the Secretary of the Interior.
CERTIFICATION
The
foregoing Ordinance was adopted at a regular meeting of the Elk Valley
Tribal Council held on December 6, 2000 by the following vote:
AYES:
7
NOES: 0
ABSTAIN: 0
ABSENT: 0
/s/
John D. Green, Chairman
ATTESTED:
/s/
Tribal Council Secretary
Brenda Blake
December 6, 2000
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