Fifth Amendment to Tribal-State Compact for Class III Gaming — Cowlitz Indian Tribe and State of Washington

Summary

Fifth Amendment to the Tribal-State Compact for Class III Gaming between the Cowlitz Indian Tribe and the State of Washington, which says the parties entered into the compact on June 16, 2014. It amends Section 14.5, Smoking Cessation and Prevention, so that 0.13% of the net win from Tribal Lottery System activities goes to governmental, charitable, and nonprofit organizations working on smoking or tobacco cessation, prevention, education, awareness, and treatment. The contribution is reduced proportionally for smoke-free gaming facilities or portions. The amendment takes effect upon publication of notice of approval by the United States Secretary of the Interior. The signature blocks name Patty Kinswa-Gaiser, Chairman, and Jay Inslee, Governor.

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Full text

               FIFTH AMENDMENT TO THE TRIBAL-STATE COMPACT
                       FOR CLASS III GAMING BETWEEN
                         THE COWLITZ INDIAN TRIBE
                                  AND THE
                           STATE OF WASHINGTON



                                       INTRODUCTION

The COWLITZ INDIAN TRIBE (hereafter, “Tribe”) and the STATE OF WASHINGTON
(hereafter, “State”) entered into a Class III gaming compact (hereafter “Compact”) June 16,
2014, pursuant to the Indian Gaming Regulatory Act (hereafter, “IGRA”). At the request of the
Tribe, the Tribe and State entered into negotiations for further amendments to the Compact. The



                                                T
parties have reached an agreement on Compact amendments as set forth in this document. The
parties believe the conduct of Class III gaming under the terms and conditions set forth below
will benefit the Tribe and the State and protect members of the Tribe and citizens of the State
consistent with the objectives of IGRA.




                    AF            COMPACT AMENDMENT

       Amend Compact Appendix X2, Section 14.5 to read:
         14.5 Smoking Cessation and Prevention. Thirteen one-hundredths of one percent
 (0.13%) of the net win derived from the Tribal Lottery System activities, determined on an
 annual basis, shall be dedicated to paid to governmental, charitable, and/or nonprofit
 organizations that have as a purpose smoking or tobacco cessation, prevention, education,
 awareness, and treatment in the State of Washington. Contributions shall be made to
 governmental, charitable and/or nonprofit organizations that have as a purpose the




Ddiscouragement of the use of tobacco. However, if the Tribe operates any of its Class III
 Ggaming Ffacilities as entirely smoke-free, or a portion of a Gaming Facility as smoke-free,
 the Tribe’s smoking cessation contribution shall be reduced proportionally, in a method easily




 R
 calculated and verified, based upon the pro rata number of Tribal Lottery System machines
 operated by the Tribe in that non-smoking smoke-free Gaming Ffacility or the smoke-
 free portion of the Gaming Ffacility compared to the total number of Tribal Lottery
 System machines operated by the Tribe. The calculation method will be approved by the
 Tribal Gaming Agency and provided to the State Gaming Agency. For the purposes of this
 Subsection, a smoke-free portion of a Gaming Facility means the Tribe has a designated
 smoking area within the Gaming Facility designed and operated to prevent patrons
 participating in Gaming in the smoke-free portion from exposure to secondhand smoke using
 industry-accepted control strategies including physical barriers, an independent ventilation
 system (e.g. HVAC) serving only the designated smoking area, and exhaust, airflow and
 pressure control measures. Additionally, it is also agreed that if the Tribe completely prohibits
 the sale and use of alcohol in all of its Class III gaming facilities, the Tribe shall be entirely
 excused from making the smoking cessation contribution required by this subsection for as
 long as the prohibition on the sale and use of alcohol remains in effect. The 0.13 percent of
 net win shall be paid annually, commencing with the conclusion of the Tribe’s first full fiscal
 year following the date upon which this Appendix becomes effective and shall be paid
 annually within one year of the close of the Tribe’s fiscal year as set forth in section 14.6.3.

This Amendment shall take effect upon publication of notice of approval by the United States
Secretary of the Interior in the Federal Register in accordance with 25 U.S.C. §2710(d)(3)(B).

IN WITNESS WHEREOF, the Cowlitz Indian Tribe and the State of Washington have executed
this Fifth Amendment to the Compact.

 COWLITZ INDIAN TRIBE                             STATE OF WASHINGTON


 BY: _______________________________              BY: _______________________________
     PATTY KINSWA-GAISER                              JAY INSLEE
     Chairman


 Dated: _____________________
                                                 T    Governor


                                                  Dated: ______________________




                    AF
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