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To advance the general welfare of the San Juan Southern Paiute Tribe, this Chapter provides for the allocation and distribution of the Tribe’s Net Gaming Revenue, as defined in the Tribe’s Gaming Compact, appropriated by the San Juan Southern Paiute Tribal Council in accordance with the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2701 et seq. It is the purpose of this Chapter and of the San Juan Southern Paiute Tribe to have a consistent method for allocating and distributing the Tribe’s Net Gaming Revenue, including, but not limited to, Per Capita Payments to Tribal Members.
[Legislative History: Enacted by Resolution No. 2019-69, 6/3/2019]
This Chapter is established by the San Juan Southern Paiute Tribal Council pursuant to Article V of the Constitution of the San Juan Southern Paiute Tribe.
[Legislative History: Enacted by Resolution No. 2019-69, 6/3/2019]
For purposes of this Chapter, this section shall govern the definitions of words and phrases used herein. All words not defined herein shall be used in their ordinary and everyday use.
A. “Code” means the Internal Revenue Code of 1986, as amended.
B. “Constitution” means the Constitution of the San Juan Southern Paiute Tribe.
C. “Decedent” means a Tribal Member who has died.
D. “Distribution Date” means the date established by this Chapter or by Resolution of the Tribal Council for making a per capita distribution.
E. “GED” means General Education Diploma.
F. “General Welfare Assistance” means any non-taxable payment made or services provided to an eligible recipient in accordance with Internal Revenue Code Section 139E and Revenue Procedure 2014-35, as amplified by IRS Notice 2015-34, as the same may be amended or supplemented hereafter. General Welfare Assistance is not treated as Per Capita Payments.
G. “IGRA” means the Indian Gaming Regulatory Act of 1988 (Public Law 100-497) 102 Stat. 2467 dated October 17, 1988, (Codified at 25 U.S.C. 2701-2721 (1988)) and any amendments.
H. “IRS” means the Internal Revenue Service of the United States.
I. “Law & Order Code” means the San Juan Southern Paiute Tribe Law and Order Code.
J. “Legal Incompetent” means an individual who is eligible to participate in Per Capita Payments and who has been declared to be under a legal disability, other than being a minor, by a court of competent jurisdiction, including, but not limited to, the Tribal Court of the San Juan Southern Paiute Tribe.
K. “Minor” means a Tribal Member who is eligible to participate in Per Capita Payments who has not reached the age of eighteen (18) years.
L. “Net Gaming Revenue” means the revenue from any tribal gaming activity, as set forth in the San Juan Southern Paiute Tribe and State of Arizona Gaming Compact of 2003, Section 3(d)(7).
M. “Per Capita Distribution” or “Per Capita Payments” means the distribution (or deferral into trust) of money or other thing of value to all eligible Tribal Members, or to an identified group of members, which is paid directly from the Tribe’s Net Gaming Revenue, as defined in the Tribe’s Gaming Compact. This definition does not apply to payments which have been set aside by the Tribe for special purposes or programs, such as payments covered by the General Welfare Assistance and other payments made for social welfare, medical assistance, education, housing or other similar, specifically identified needs.
N. “Restitution” means making good or giving an equivalent for any loss, damage or injury, and may include, but not be limited to, the repayment of money or services to the Tribe as a result of a misappropriation of assets of the Tribe.
O. “Revenue Allocation Plan” or “RAP” means the allocation plan submitted by the Tribe that provides for distributing the Tribe’s Net Gaming Revenue in accordance with IGRA 25 U.S.C. § 2710.
P. “Secretary” means the Secretary of the United States Department of the Interior.
Q. “Tribal Administration” has the meaning defined by Article VII of the Constitution of the San Juan Southern Paiute Tribe.
R. “Tribal Administration Office” means the office designated by the Tribal Council for the conduct of the day to day business of the Tribe.
S. “Tribal Assistance Program” means any program or programs approved by the Tribal Council as part of Title 8 of the San Juan Southern Paiute Tribe Law & Order Code to provide General Welfare Assistance.
T. “Tribal Council” means the Tribal Council of the San Juan Southern Paiute Tribe as defined in the Constitution of the San Juan Southern Paiute Tribe.
U. “Tribal Member” means an officially enrolled member of the San Juan Southern Paiute Tribe. Tribal Members who have relinquished membership or who have been disenrolled from the Tribe are not Tribal Members of the San Juan Southern Paiute Tribe.
V. “Tribal Survey” means the information packet and forms required by the Tribal Council to be completed and submitted to the Tribal Administration by a Tribal Member eligible to collect a Per Capita Distribution before he or she may receive a Per Capita Payment.
W. “Tribe” means the San Juan Southern Paiute Tribe.
X. “Tribe’s Gaming Compact” means the San Juan Southern Paiute Tribe and State of Arizona Gaming Compact of 2003.
Y. “Trust Fund” means the trust fund or funds established under this Chapter for all Minor Tribal Members and Legally Incompetent Tribal Members who are otherwise eligible to receive Per Capita Distributions.
[Legislative History: Enacted by Resolution No. 2019-69, 6/3/2019]
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