§ 201 Requirements for Use of Tribal Net Gaming Revenues

A. The San Juan Southern Paiute Tribe’s “RAP” shall comply with the Indian Gaming Regulatory Act, 25 U.S.C. §2710(b)(2)(B) and all other applicable federal law.  

B. In compliance with the IGRA, the Tribe may use Net Gaming Revenues, as defined in the Tribe’s Gaming Compact, for only the following purposes:

1. To fund Tribal government operations;

2. To provide for the general welfare of the Tribe and its members;

3. To promote Tribal economic development;

4. To donate to charitable organizations;

5. To help fund the operations of local government agencies.

C. The IGRA provides that revenues derived from Tribal gaming activities, may be used as Per Capita Payments to Tribal Members if:

1. the Tribe has prepared a RAP to allocate revenues for uses authorized under the IGRA;

2. the RAP is approved by the Secretary of the Interior;

3. the interest of Minors and other Legally Incompetent persons who are entitled to receive any Per Capita Payments are protected and preserved and the Per Capita Payments are disbursed to the parents or legal guardian of such Minors or Legal Incompetent persons in such amounts as may be necessary for the health, education, or welfare of the Minors or other Legally Incompetent persons, including payments that would qualify as General Welfare Assistance, under a plan approved by the Secretary and the governing body of the Tribe as set forth more fully herein; and

4. the Per Capita Payments are subject to Federal taxation and Tribal Members are notified of their tax liability when payments are made.

E. The Tribal Council has found that the general welfare of Tribal Members is best served if a portion of the Tribe’s Net Gaming Revenue, as defined in the Tribe’s Gaming Compact, is distributed Per Capita to Tribal Members (or deferred into trust for their benefit), provided that such amounts shall not exceed 50% of the Tribe’s annual Net Gaming Revenues and at least 50% of the Tribe’s Net Gaming Revenue shall otherwise be used for the purposes stated in § 201(B) of this Chapter in order to benefit all Tribal Members collectively.

F. The Tribal Council shall, at least semiannually (twice per year), review the expenses and management of Tribe’s Net Gaming Revenue, as defined in the Tribe’s Gaming Compact, and after consideration to the need to fund Tribal government operations and programs, the overall needs of the Tribe and its members, and the need to promote tribal economic development, the Tribal Council shall set or modify the appropriate percentage allocation of Net Gaming Revenues to each category within the ranges of percentage allocation as set pursuant to § 202 of this Chapter. As part of this determination, the Tribal Council shall determine what amount, if any, of the Tribe’s Net Gaming Revenues shall be appropriated for distribution as Per Capita Payments.

G. An affirmative vote of at least the majority of the members of the Tribal Council shall be required to authorize Per Capita Distributions which shall be recorded as a Resolution of the Tribal Council.

[Legislative History: Enacted by Resolution No. 2019-69, 6/3/2019]

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§ 202 Allocation of Net Gaming Revenues

A. The percentage allocation of the Tribe’s Net Gaming Revenues, as defined in the Tribe’s Gaming Compact, to each category shall be as follows:

1. Tribal Government Operations and Programs  35% - 70%

2. Per Capita Payments (direct and in trust):          0% - 50%

3. General Welfare Assistance:                  0% - 50%

4. Tribal Economic Development:                 0% - 10%

5. Charitable Contributions:                  0% - 3%

6. Operation of Local Government Services:           0% - 1%

                                      Total:    100%

The annual allocation of Net Gaming Revenues to each category shall always total 100%.

B. Tribal Government Operations and Programs. The portion of the Tribe’s Net Gaming Revenues, as defined in the Tribe’s Gaming Compact, allocated to Tribal Government Operations and Programs is authorized to fund:

1. Governmental duties and functions of the Tribal Council, Tribal Administration, and Tribal Courts;

2. Other similar governmental legislative, executive, administrative, and judicial services for which the Tribal Council may appropriate funds from time to time.

C. General Welfare Assistance. The portion of Tribe’s Net Gaming Revenues, as defined in the Tribe’s Gaming Compact, allocated to General Welfare Assistance, including Tribal Assistance Programs established by the Tribal Council in accordance with Title 8 of the Law & Order Code, and other similar governmental services for which the Tribal Council may appropriate funds from time to time (including General Welfare Assistance per Code Section 139E).

D. Per Capita Payments. The portion of Tribe’s Net Gaming Revenues, as defined in the Tribe’s Gaming Compact, allocated to the general welfare of the Tribe and its members through Per Capita Payments under Article III (both direct payment and deferrals into trust).

E. Economic Development. The portion of the Tribe’s Net Gaming Revenues, as defined in the Tribe’s Gaming Compact, allocated to Economic Development is authorized to fund:

1. Planning and development;

2. Land acquisition;

3. Purchase and operation of businesses; and

4. Other similar business and proprietary services for which the Tribal Council may appropriate funds from time to time.

F. Charitable Donations. The portion of the Tribe’s Net Gaming Revenues, as defined in the Tribe’s Gaming Compact, allocated to Charitable Donations is authorized to fund qualifying non-profit organizations or institutions as determined by the Tribal Council in the best interests of the Tribe.

G. Operation of Local Government Services. The portion of the Tribe’s Net Gaming Revenues, as defined in the Tribe’s Gaming Compact, allocated to the Operation of Local Government Services is authorized to fund qualifying local government services as determined by the Tribal Council in the best interests of the Tribe.

[Legislative History: Enacted by Resolution No. 2019-69, 6/3/2019]

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