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Article II. Definitions
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As used in this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:

“Charitable organization” means an organization that is described in Section 501(c)(3) of the United States Internal Revenue Code and that is exempt from taxation under Section 501(a) of the Internal Revenue Code, another Indian tribe, or an organization that is established for a charitable purpose as described in Section 501(c)(3) of the Internal Revenue Code for a benevolent, educational, philanthropic, humane, scientific, patriotic, social welfare or advocacy, public health, environmental conservation, civic or other charitable objective.

“Compact” means the tribal-state compact between the state of California and the Wilton Rancheria.

“Eligible tribal member” means any living enrolled member of the Tribe, who is not otherwise excluded from receiving a per capita payment in accordance with Section 9-401, and is (1) at least eighteen (18) years of age and has obtained a high school diploma, GED or the equivalent demonstrating successful completion of secondary education, then that person may receive twenty-five percent (25%) of per capita payment; (2) at least twenty-one (21) years of age and less than twenty-five (25) years of age and has obtained a high school diploma, GED or the equivalent demonstrating successful completion of secondary education; or (3) at least twenty-five (25) years of age.

“Fiscal year” means January 1 through December 31.

“Gaming enterprise” means the Tribe’s gaming enterprise, owned and operated by the Tribe on the reservation pursuant to the IGRA.

“Gaming operations” and “Tribe’s gaming operations” mean all Class II and Class III gaming activities conducted by or on behalf of the Tribe.

“General Council” means the General Council of the Tribe which is composed of the voting membership of the Tribe as defined in Article VII, Section 1 of the Constitution.

“General welfare programs” means those social welfare programs established by the Tribe as a tax-exempt benefit that may be funded through an allocation of net distributable cash as further described in this chapter.

“Good standing” means (1) a tribal member is in compliance with all applicable tribal laws including attending financial skills training as may be required; and (2) a tribal member owes no financial debts to the Tribe or has made arrangements for repayment of any debts owed to the Tribe subject to the satisfaction of the Office of the Chairperson; and (3) is not incarcerated.

“Incarcerated” means imprisonment or confinement in a jail or penitentiary.

“Incompetent member” means any eligible tribal member who has been declared to be under a legal disability, other than being a minor, by any tribal, state or federal court with the legal authority to do so.

“Minors” and “minor enrolled tribal members” mean any person who is a duly enrolled member of the Tribe, who has not reached the age of eighteen (18) for purposes of this chapter.

“Net distributable cash” means cash received by the Tribal Government from the Tribe’s gaming enterprise, which includes but is not limited to the revenue from the gaming enterprise remaining at the end of each calendar month or other applicable period of accounting or disbursement after amounts paid out as play winnings, management fees, financing agreement obligations, capital and operating reserves, and revenue sharing payments under the compact, and all other operating expenses of the gaming enterprise and gaming operations for that month or period. Net distributable cash shall not include payments from the gaming enterprise for funding of the Tribal Court, funding of the Wilton Gaming Commission, or other payment obligations of the Tribe incurred pursuant to the compact.

“Pay period” means the period of time established by the Tribal Council that is used to calculate net distributable cash available for per capita payments.

“Per capita payment” or “per capita distribution” means those payments made or distributed to eligible tribal members, or to groups of members identified by this chapter, which are paid directly from the net distributable cash. This definition does not apply to payments which have been set aside by the Tribe for special purposes or programs (including through general welfare programs), such as payments for social welfare, medical assistance, education, housing or other similar identified needs that may be established from time to time by the Tribe pursuant to Revenue Procedure 2014-35, including any subsequent Internal Revenue Service guidance under the Tribal General Welfare Exclusion Act of 2013 (codified as Internal Revenue Code Section 139E) for treatment as a tax exempt benefit.

“Reservation” means the Tribe’s Indian land within the meaning of the IGRA or lands otherwise held in trust for the Tribe by the United States and territory as defined in the Constitution of Wilton Rancheria.

“Reserves” means that portion of the net distributable cash allocated in accordance with Section 9-301(B)(6).

“Tribal allocation account(s)” means one (1) or more accounts in a federally insured financial institution, or a financial instrument backed by the full faith and credit of the federal government, into which, pursuant to this chapter, the Tribal Council deposits the net distributable cash of the Tribe’s gaming enterprise.

“Tribal Council” means the governing body of the Wilton Rancheria as defined in the Constitution of Wilton Rancheria.

“Tribal Court” means the tribal court of the Tribe as defined in the Constitution of Wilton Rancheria.

“Tribal Court of Appeals” means the appellate court of the Tribe.

“Tribal economic development” is hereby defined to include, but is not limited to, the following: the development and/or expansion of tribal business enterprises and gaming operations; the repayment of debt, including bonds and loans, entered into by the Tribe or any tribal entity for the development and/or expansion of tribal business enterprises; working capital or other funds required to be retained by the Tribe or tribal entity pursuant to the terms of any applicable financing document; payment of liabilities, including litigation and settlement costs relating to economic development, and any other predevelopment costs incurred by the Tribe for development of its businesses; land acquisition programs; tribal member job training; business development and loan assistance; real estate investment and business opportunities; goods and services that may provide employment or financial returns for the Tribe and its members; and such other items as may be designated as tribal economic development by the Tribal Council.

“Tribal elder” means an eligible tribal member sixty-two (62) years of age or older or as defined in the Elder Assistance Establishment and Organization Act.

“Tribal entity” means any commercial or business activity owned and controlled by the Tribe.

“Tribal Government” means the Tribal Government, its arms, agencies, departments, instrumentalities, entities, and enterprises of Wilton Rancheria.

“Tribal Government operations and programs” is hereby defined to include, but is not limited to, the following: Tribal Council operations; reservation and territory infrastructure construction and maintenance; tribal administration; capital improvements to tribal buildings; tribal planning programs; tribal enrollment programs; tribal police department; tribal fire department; the tribal judicial system, including Tribal Court; operations of departments, agencies and subdivisions of the Tribe; and such other items as may be designated as Tribal Government operations and programs by the Tribal Council.

“Tribal law(s)” means laws, acts, ordinances, resolutions, codes, policies and procedures enacted by the Tribal Council.

“Tribal member” means any enrolled member of the Tribe as defined in Article III, Section 1 of the Constitution.

“Tribe” means the Wilton Rancheria, a federally recognized Indian tribe exercising jurisdiction over the Tribe’s reservation and territory as described in Article II of the Constitution. (Res. 2021-56; Res. 2021-19)