This chapter shall be known and may be cited as the "Nottawaseppi
Huron Band of the Potawatomi Gaming Regulatory Act."
The Tribal Council of the Nottawaseppi Huron Band of Potawatomi Indians enacts this chapter in order to comprehensively regulate all forms of gaming within the Tribe's Reservation. Pursuant to the express grant of authority enumerated in Article
VI, Section 1(e), (g), (h) (i), (k) and (n) and Section 3 of the Constitution and the inherent authority of the Tribe as a sovereign tribal nation to provide for the health, safety and welfare of the Nottawaseppi Huron Band of the Potawatomi, the Tribal Council enacts this gaming regulatory act.
This chapter is enacted by adoption of Tribal Council by Resolution
No. 11-11-10-01, which also repeals the Gaming Ordinance under Title
V enacted by adoption of Tribal Council Resolution No. 6-15-00-01
and approved by the National Indian Gaming Commission on June 19,
2000, as required by the Indian Gaming Regulatory Act (25 U.S.C. § 2701
et seq.). This chapter and the repeal of the Gaming Ordinance of 2000
shall only become effective upon the express approval of this chapter
by the National Indian Gaming Commission. The repeal of the Gaming
Ordinance of 2000, or any portion thereof, shall not have the effect
of reviving any other tribal law repealed by adoption of the Gaming
Regulatory Act of 2010 or any amendments thereto.
If any provision of this chapter or its application to any person
or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this chapter which can be given effect
without the invalid provision or application, and to this end the
provisions of this chapter are severable.
All gaming within the Tribe's Reservation, whether Class
I, Class II or Class III, is prohibited and unlawful, except as expressly
authorized by the chapter. Any person who commits any act of unauthorized
gaming on the Reservation or any other tribal land shall be guilty
of a crime and shall be prosecuted in Tribal Court or any other court
of competent jurisdiction.
All gaming shall be conducted by persons duly licensed by the
Commission, except to the extent the Commission determines persons
engaging in Class I gaming do not require licensing. No person licensed
by the Commission shall engage in, conduct or condone any gaming that
is not conducted in accordance with such regulations governing the
conduct of games as may be promulgated by the Commission under this
chapter.
Except for internet wagering activities conducted in conformity
with this Act and other applicable law, the Gaming Agency shall ensure
that such gaming as it authorizes and licenses pursuant to this chapter
is conducted on lands within the Tribe's Reservation and that
federal law does not otherwise specifically prohibit such gaming.
The Tribe shall have the sole proprietary interest in and responsibility
for any gaming operation authorized by this chapter; provided, however,
that nothing herein shall prohibit the exercise by any secured party
of its rights under any collateral lease or other financing agreement
with the Tribe for the purpose of securing repayment of the debt obligations
of the Tribe in accordance with the provisions of such agreements
and other applicable tribal law.