CHAPTER 12-1
LEGISLATIVE FINDINGS, POLICY, AND PURPOSE

12-1-1 Repeal of Prior Ordinance.

This enactment shall be known as the Prairie Band Potawatomi Gaming Act of 2020 and shall be codified as Title 12 of the Prairie Band Potawatomi Nation Law and Order Code. It shall become effective immediately upon its approval by the Chair of the National Indian Gaming Commission and shall supersede, replace, and repeal in its entirety the content of Title 12 as last amended on February 24, 2012. All other laws of the Nation inconsistent with the provisions of this title and existing as of the effective date of this title are hereby repealed, including all inconsistent laws, codes, ordinances, and resolutions. Repeal by this title of any law, code, ordinance, or resolution shall not have the effect of reviving any prior law, code, ordinance, title, or resolution heretofore repealed or suspended by such repealed code.

The Prairie Band Potawatomi Nation (“Nation”) retains continuing authority to amend this title, or to enact and promulgate additional statutory or regulatory provisions relating to the conduct of gaming within the jurisdiction of the Nation to protect the public health and safety; provided, that:

(A)    Amendment of any provision of this title shall be effective only if such provision(s) is/are approved by the Chairman of the National Indian Gaming Commission (“NIGC”) as provided in 25 U.S.C. §2701, et seq.; and

(B)    No subsequent enactment or amendment of any Nation law, ordinance, resolution, or regulation shall conflict with or be interpreted to conflict with any provision of this title and/or the regulations issued pursuant thereto unless the same be approved by the Chairman of the NIGC as provided in 25 U.S.C. §2710.

(C)    The regulations of the Tribal Gaming Commission current on the effective date of this title may remain in full force and effect for up to eighteen (18) months unless inconsistent with any provision of this title or earlier superseded by duly adopted regulations pursuant to this title.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-1-2 Severability.

The provisions of this title are severable and if any part or provision hereof shall be held void by a court of competent jurisdiction, the decision of the court so holding shall not affect or impair any of the remaining parts or provisions of this title.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-1-3 Sovereign Powers and Responsibilities.

This title is enacted pursuant to the inherent sovereign powers of the Nation expressly delegated to the Tribal Council in Article V, Sections 1(a), (c), (f), (g), (i), (l), (m), (p), (q) and (r) of the Nation’s Constitution, which authorizes the Tribal Council to negotiate, consult, and contract with Federal, State, and local governments, to charter and regulate subordinate organizations, appoint subordinate committees and representatives, to promulgate and enforce ordinances providing for the maintenance of law and order and the administration of justice on the Reservation, manage and otherwise deal with Nation lands and property, to exclude by ordinance from the restricted lands of the Reservation people not legally entitled to reside therein, to regulate the conduct of trade and the use and disposition of property upon the Reservation, to engage in any business that will promote the health, peace, morals, education, and welfare of the Nation and its members, to administer Tribal matters in accordance with accounting, property control, and personnel procedures established by the Tribal Council, to make expenditures from available Nation funds for Tribal purposes, and to delegate to subordinate boards or Nation officials forgoing powers, subject to review by the Tribal Council.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-1-4 Federal Policy of Tribal Self-Determination.

In 1970, President Nixon announced the policy of the United States government to promote self-determination for Indian tribes. At the heart of the Federal policy is a commitment by the Federal government to foster and encourage tribal self-government, economic development, and self-sufficiency. That commitment was signed into law in 1975 as the Indian Self-Determination and Education Assistance Act, Public Law 93-638, 88 Stat. 2203, 25 U.S.C. §§450-450n. In 1983, President Reagan reaffirmed that commitment in his Indian policy statement, encouraged tribal governments to reduce their dependence on Federal funds by generating more of their own revenues, and pledged to assist tribal governments in that endeavor.

The Federal commitment was furthered in 1988 by passage of the Indian Gaming Regulatory Act (IGRA), Public Law 100-497, 102 Stat. 2467, 25 U.S.C. §2701, et seq. (1988), through which the Federal government recognized the inherent sovereign right of tribal governments to conduct and regulate gaming on their reservations and preempted State authority in the area of Indian gaming.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-1-5 Potawatomi Tribal Policy of Self-Government.

The Nation is firmly committed to the principle of tribal self-government. Consistent with Federal policy, the Nation’s government provides a wide range of public services on the Reservation, including general governmental services, the maintenance of peace and good order, the establishment of educational systems and programs, and the promotion and regulation of economic activities within the sovereign jurisdiction of the Nation.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-1-6 Tribal Alcohol Rehabilitation Program.

Among the governmental services provided by the Nation’s government is its alcohol rehabilitation program which is funded entirely by the Federal government. Because of the deficiency of Federal funding of the program, on-Reservation shelters are not available for resident members of the Nation with alcohol problems. Thus, although this program combats the most serious medical and social problem on the Reservation and is essential to the health and welfare of the Nation, the program is badly in need of additional Nation funding.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-1-7 Land Consolidation Program.

As recognized by Congress in the Act of January 25, 1983, Public Law 94-459, Title I, the continued existence of reservations as permanent homelands for Indian tribes, and as necessary foundations for continued self-determination, requires that the tribes consolidate and increase the trust land base in their reservations and prevent further loss of trust land. Accordingly, the Nation needs to establish a land consolidation program but cannot do so until adequate Nation funding is available.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-1-8 Tribal Need for Governmental Revenue and Additional Economic Development.

The Nation desires to pursue its goal of self-determination vigorously through the development of manufacturing and farming enterprises. Because of the modest income level of the Nation, cutbacks in Federal funding and increasing costs of self-government, it is essential that the Nation develop additional economic activities on the Reservation to support general governmental programs, the alcohol rehabilitation program, and a land consolidation program, and to provide employment for Tribal membership.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-1-9 Tribal Gaming Policy.

The establishment, promotion, and operation of gaming is necessary and desirable; provided, that such gaming be regulated and controlled by the Nation pursuant to Tribal and Federal law and the Tribal-State Gaming Compact, and that the proceeds of such gaming be used exclusively for the purposes of the Nation government pursuant to Tribal law and the IGRA. Gaming provided hereunder is authorized by State law, and when operated in accordance with Tribal and Federal law and the Tribal-State Gaming Compact, such gaming will be conducive to the general welfare of all residents of the Reservation.

(Enacted by PBP TC No. 2020-363, December 9, 2020)

12-1-10 Purposes of Title.

(A)    The purposes of this title are:

(1)    To regulate, monitor, control, and license the operation of all gaming within the Reservation and on all other Prairie Band Potawatomi Nation lands constituting “Indian lands” as defined by 25 U.S.C. §2703(4);

(2)    To promote and strengthen the Nation’s economic development, independence, and self-determination;

(3)    To generate revenue to strengthen and improve Tribal self-government and the provision of governmental services; and

(4)    To enhance employment opportunities for Tribal membership.

(B)    In all of its regulatory decisions, policies, and actions, the Tribal Gaming Commission shall consider and balance the purposes and benefits of the specific regulatory activity involved with the burdens and costs of complying with such regulation. The purpose of this title and the Tribal Gaming Commission is to provide for the reasonable regulation of gaming in a way that considers and balances these interests. Prior to adoption or amendment of any regulation, the Tribal Gaming Commission shall provide each gaming enterprise notice and reasonable opportunity to comment upon its proposed regulatory change(s).

(C)    The Tribal Gaming Commission shall focus upon the regulation of gaming activity at each gaming facility. It shall not involve itself with operational matters, business decisions, ancillary facilities, ancillary activities, other non-gaming activities, or non-gaming employees except as may be clearly necessary to perform a specific regulatory function authorized pursuant to this title.

(Enacted by PBP TC No. 2020-363, December 9, 2020)