301 Policy

301 Policy

§ 301 Policy

A. Tribe Not Obligated to Make Per Capita Distributions. The Tribe may, but has no moral or legal obligation to make, Per Capita Payments to eligible Tribal Members of the San Juan Southern Paiute Tribe, and there is no anticipated benefit to the Tribe or the Tribal Council as a result of any such payment. The Tribal Council, after considering its fiduciary responsibilities to Tribal Members, shall determine what amount, if any, is available for distribution to eligible Tribal Members in the form of Per Capita Payments. Nothing in this Chapter or any related policies or procedures shall be construed as mandating a Per Capita Distribution.

B. Per Capita Distributions Not to Exceed 50% of Net Gaming Revenues. The portion of funds allocated to Per Capita Payments shall not exceed 50% of the Net Gaming Revenues received by the Tribe in any given year.

D. Tribal Council to Determine Per Capita Allocation Percentages. Subject to the allocation percentages stated in § 202 of this Chapter and the requirements of this Chapter, the Tribal Council shall determine what amount, if any, of the Tribe’s Net Gaming Revenue shall be appropriated for distribution as Per Capita Payments during each fiscal year.

C. Resolution Required to Authorize Per Capita Distribution. Per Capita Distributions shall only be authorized through the adoption of a Resolution of the Tribal Council each time a Per Capita Distribution is to be made. Each Resolution approving a Per Capita Distribution shall specify the percentage allocation of the Tribe’s Net Gaming Revenues, as defined in the Tribe’s Gaming Compact, to be used for the payment.

E. No More than Four Per Capita Distributions in Any Given Year. No more than four (4) Per Capita Distributions shall be authorized by the Tribal Council in any given year.

F. Distribution  Amounts. Except  as  otherwise  required  by  this  Chapter, the percentage allocation shall be divided such that all eligible Tribal Members receive or defer a numerically identical Per Capita Distribution.

G. Responsibility of Tribal Members. Tribal Members, their guardians, if applicable, or their legal parent(s) in the case of a Tribal Member under the age of eighteen (18) years, are responsible for timely submitting the required documentation to the Tribal Administration in order to receive a Per Capita Distribution. Tribal Members shall also be responsible for keeping the Tribe informed of their current address and contact information.

[Legislative History: Enacted by Resolution No. 2019-69, 6/3/2019; §301(E) amended by Resolution No. 2019-147, 11/19/2019]

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