Judicial Code

Gaming Revenue Allocation Ordinance

Section 100. Repeal of Inconsistent Legislation.

Any previous provisions of Community law that are inconsistent with this Ordinance are hereby repealed. 

Section 101. Purpose.

This Ordinance shall govern the distribution of net gaming revenues from the gaming operations of the Prairie Island Indian Community (“Community”).  It is intended to comply with the Indian Gaming Regulatory Act of 1988, 25 U.S.C. §§ 2701, et seq., and all other applicable federal law.  The Community will use revenues generated by Community gaming operations to strengthen the tribal government, to promote tribal self-sufficiency, to promote individual member self-sufficiency, and to support tribal economic development.  All enrolled members of the Prairie Island Indian Community shall be entitled to share in Community gaming profits as provided by this Ordinance.  The Community is committed to strengthening its reservation socially, economically, and culturally. 

Section 102. Authority.

This Ordinance is enacted by the Prairie Island Community Council (“Community Council”) pursuant to the Prairie Island Indian Community Constitution and Bylaws including but not limited to those powers detailed in Article V, Section 1(a), Article V, Section 1(c), Article V, Section 1(g), Article V, Section 1(i), Article V, Section 10, and pursuant to the terms of the Indian Gaming Regulatory Act of 1988, 25 U.S.C. §§ 2701 et. seq.

Section 103.    Use of Community Net Gaming Revenues: Government Operations.

A. In order to provide supplemental funding for Community government operations, the Community Council hereby allocates twenty percent (20%) of net gaming revenues to an account called the Government Operations Account.

B. At least thirty days prior to the beginning of each fiscal year, the head of each Community government-funded program shall present an annual budget requesting funds for such program from the Government Operations Account.  The Community Council shall review such requests and determine the annual budget for the Government Operations Account.  Such budget shall insure that all essential governmental operations and programs will be fully funded for the year.  The program areas that fall within this section include but are not limited to government administration, courts, finance department, legal department, Indian child welfare program, health programs, family and social services programs, education programs, elderly programs, and physical plant maintenance.  If the Community Council fails to timely determine an annual budget, the budget from the previous year shall continue in effect until changed.  The Community Council shall not reduce the Government Operations budget for any year to an amount less than seventy-five percent (75%) of the previous year’s budget.

C. If the cash and investments balance in the Government Operations Account exceeds the current year’s total approved annual budget for the Account’s use, the Community Council in its discretion may reallocate part or all of the excess balance to any other Account described in Sections 104, 105, or 106 of this Ordinance, or may reallocate the excess amount for additional individual per capita payments in accordance with the criteria of section 107 of this Ordinance. 

Section 104. Use of Community Net Gaming Revenues: General Welfare.

A. In order to provide supplemental funding for general Community welfare, the Community Council hereby allocates two percent (2%) of net gaming revenues to an account called the General Welfare Account.

B. If the cash and investments balance in the General Welfare Account exceeds the average annual funding to the Account over the previous three fiscal years, the Community Council in its discretion may reallocate part or all of the excess balance to any other Account described in Sections 103, 105, or 106 of this Ordinance, or may reallocate the excess amount for additional individual per capita payments in accordance with the criteria of Section 107 of this Ordinance.

Section 105.    Use of Community Net Gaming Revenues: Economic Development and Land Acquisition.

A. In order to provide supplemental funding for economic development, the Community Council hereby allocates five percent (5%) of net gaming revenues to an account called the Economic Development and Land Acquisition Account. 

B. If the cash and investments balance in the Economic Development and Land Acquisition Account exceeds the average annual funding to the Account over the previous three fiscal years, the Community Council in its discretion may reallocate part or all of the excess balance to any other account described in Sections 103, 104, or 106 of this Ordinance, or may reallocate the excess amount for additional individual per capita payments in accordance with the criteria of Section 107 of this Ordinance.

Section 106. Use of Community Net Gaming Revenues: Donation Account.  

A. In order to provide supplemental funding for donations to other governments or charitable organizations, the Community Council hereby allocates two percent (2%) of net gaming revenues to an account called the Donation Account. 

B. If the cash and investments balance in the Donations Account exceeds the average annual funding to the Account over the previous three fiscal years, the Community Council in its discretion may reallocate part or all of the excess balance to any other account described in Sections 103, 104, or 105 of this Ordinance, or may reallocate part or all of the excess amount for additional individual per capita payments in accordance with the criteria of Section 107 of this Ordinance.

Section 107. Use of Community Net Gaming Revenues: Per Capita Payment Account.

A. In order to advance the personal health, safety and welfare of Community members, the Community Council hereby allocates seventy-one percent (71%) of all net gaming revenues to a Per Capita Payment Account.

B. Per Capita Payments.  Individual per capita payments to each enrolled member of the Community shall be made from this account as follows: fifty-eight percent (58%) of net gaming revenues shall be paid periodically in equal shares to all enrolled members of the Prairie Island Indian Community age eighteen (18) and over, and thirteen (13%) of net gaming revenues shall be paid periodically in equal shares to all enrolled members of the Community under the age of eighteen (18). 

C. Uniform Payments.  The Community Council in its discretion may adjust the per capita payment schedule to provide for uniform periodic per capita payments.  The Community Council shall not allocate annually more than the percentage allowed for herein for per capita payments; except that excess funds as described in Sections 103-106 of this Ordinance may be used for per capita payments in addition to the percentage amount authorized in this section.

D.Trusts for Minors.  The per capita payments to each enrolled member of the Community under the age of eighteen (18) shall be placed into an irrevocable minor’s trust, which shall be administered by an independent Institutional Trustee.  The principal and interest of the trust shall be disbursed for the benefit of the minor in accordance with the trust document; provided that one hundred percent (100%) of principal and interest shall be fully distributed on or before the date the beneficiary attains the age of thirty-five years.  The independent Institutional Trustee may from time to time pay for the benefit of a beneficiary who has not reached the age of eighteen (18) such sums as the Trustee, in the Trustee’s discretion, deems advisable to provide for the proper support, maintenance, health, and education of such beneficiary, taking into consideration the needs, age, health, educational requirements, marital status, and other circumstances of such beneficiary including other sources of financial assistance.

E.Trusts for Incompetents—Court Order.  The Community Council shall place into a trust or shall deliver to the proper legal guardian or trustee the per capita payment of any Community member age eighteen or over who has been declared legally incompetent by the Prairie Island Community Court or any other court of competent jurisdiction.

F. Trusts for Vulnerable Adults—Council Order.  The Community Council in its discretion may place into trust the per capita payment of an Community member age eighteen or over who the Council finds to be a vulnerable adult who is not capable of handling his/her affairs but who has not been declared legally incompetent by a court of competent jurisdiction.  The Community Council may take this action upon the request of the Tribal member or upon the petition of at least two enrolled members of the Community, one of whom must be a family member of the person alleged to be a vulnerable adult.  The trust may be terminated if the Community Council determines that the member is no longer a vulnerable adult. 

G. Living Allowances for Vulnerable Adults.  The Tribal Council in its discretion may pay a monthly living allowance from the trust for an individual declared to be a vulnerable adult by the discretionary action of the Community Council.  The Community Council may act on its own initiative or upon the petition of any person with a reasonable interest in the matter.  Such petition shall include a detailed budget of monies necessary for the health, education and welfare of the affected individual.  The recipient of the allowance must submit an accounting to the Community Council to document that the funds received were used for the health, welfare and education of the individual.

H. Monthly Statements.  The Community Council or a trustee appointed by the Council shall make available a monthly statement of any monies placed into trust for each minor and each individual declared to be a vulnerable adult to the legal guardian of such minor or individual, or such other person as the Tribal Council may deem appropriate.

I. Court Review.  Any qualified enrolled member adversely affected by the placement of per capita payments into a trust for a minor, or the subsequent distribution of such payments, or the decision of the Institutional Trustee under section 107 D to pay or not pay sums for the benefit of a beneficiary who has not reached the age of eighteen shall have the right to bring an action in the Community Court to seek review of such placement or distribution or decision. A final decision of the Community Court shall be binding.  The Community Council hereby waives its immunity from suit for the limited purpose of allowing Community Court review under this section.

J. Council Review.  Any qualified enrolled member adversely affected by the placement of per capita payments into trust based on a finding by the Community Council that the member is a vulnerable adult who is not capable of handling his/her affairs but who has not been declared legally incompetent by a court of competent jurisdiction, may request, in writing, a hearing before the Community Council to challenge the Community Council’s finding.  The Community shall schedule such a hearing within 30 days from the date that the members written request is received by the Council.   

K. No Retroactive Payments.  Any person newly enrolled in the Community shall not be entitled to any back payments of per capita proceeds.  Per capita payments shall commence on the date the enrollment committee issues a confirmation of enrollment and shall not be retroactive.  The first per capita payment to a new member shall be on the first date of a regularly scheduled payment after her or his enrollment is confirmed.

L. Federal Taxes.  The Community Council shall insure that notification of the application of federal tax laws to Community per capita payments be made when such payments are made.  The Community Council shall insure that federal income taxes are withheld from per capita payments as required by applicable federal law and regulation.

Section 108. Severability.

If any section of any part of this Ordinance or the application thereof to any party, person or entity or, in any circumstances, shall be held invalid for any reason whatsoever by a court of competent jurisdiction, or by the Department of the Interior, the remainder of the part or Ordinance shall not be affected thereby and shall remain in full force and effect as though no part thereof has been declared to be invalid.

Section 109. No Waiver of Sovereign Immunity.

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