I

RESOLUTION #690-98-8 TRIBAL GOVERNMENT

WHEREAS, the Fort Peck Tribal Executive Board is the duly elected body representing the

Assinibojne and Sioux Tribes of the Fort Peck Reservation and is empowered to act on behalf of

the Tribes. All actions shall be adherent to provisions set forth in the 1960 Constitution and By

Laws and Public Law #83-449, and

WIIEREAS, the Tribes consider that it would be advantageous to amend the Tribal Code

governing gaining on the Reservation to permit individually owned Class II and Class III on the

Reservation, and

WHEREAS, the Tribes regulation and licensing of individually owned Class II and Class UI

operations shall be in strict compliance with the Indian Gaming Regulatory Act, 25 U.S.C. 270!

eIse~ and the National Indian Gaming Commissions Regulations, now

THEREFORE BE IT RESOLVED, that the amendments to Title Ill and Title XX amcnding

the Tribal Code to permit individually owned video gambling devices, annexed as Exhibit 1, is

hereby adopted and made part of the Tribes Code of Justice.

CERTIFICATION

I, undersigncd Secretaiy/Accountant of the Tribal Executive Board of thc Assiniboine and Sioux

Tribes of the Fort Peck Indian Reservation, hereby certify that the Tribal Executive Board is

composed of 12 voting members of whom 1]., constituting a quorum were present at a Special

Meeting duly called and convened this fith day of August. 1998 that the foregoing resolution

was duly adopted at such meeting by the affirmative vote of tenfoL

AP)~ROVED: Se~tary-Accountant/Secretary

Ch~ij,ii,&r,JVjç~C airrn Superintendent, Fort Peek Agency

Fort Peck Tribal Executive Board
TABLE OF CONTENTS

/4.

TITLE XX - LICENSING AND REGULATION OF

BINGO AND OTHER GAMES OF CHANCE

Page

Chapter 1. Findings XX-l

Sec~ 101. The Tribal Executive

Board finds XX-1

Chapter 2. Definitions XXl

Sec. 201. Class I gaming XX1

Sec. 202. Class II gaming XX2

(a) Bingo XX2

(b) Other games of

chance XX-3

Sec. 203. Class III gaming XX3

Sec. 204. Traditional forms of

Indian gaming XX-3

Sec. 205. Social games for

prizes of minimal

value XX-4

Sec. 206. Tribal subdivision XX4

Sec. 207. Net revenues XX4

Sec. 208. Primary management

official XX4

Chapter 3. Class I Gaming XX-4

Sec. 301. Regulation of Class I

gaming XX4

Chapter 4. Class II Gaming XX5

Sec. 401. Regulation of Class

II gaming XX-5

Sec. 402. Ownership of Class II

games XX-5

Sec. 403. Status as a tribal

subdivision XX-5

Sec. 404. Licenses for Class II

gaming activities XX-6

Sec. 405. License fees and

duration of license XX-6

Sec. 406. Hearing on

application for a

license XX7

Sec. 407. Conditions of the

tribal license XX7

xx -

I
S

Sec. 408. Assignineht or

transfer xx-io

Sec. 409. Cancellation and

suspension XX10

Sec. 410. Uses of net revenues

of gaming activities XXl1

Sec. 411. Annual outside audit XX-ll

Sec. 412. Reports to the Tribes XX-12

Sec. 413. Investigations,

oversight, and

licensing of primary

management officials

and key employees of

the gaming activity XX-l3

Sec. 414. Raffles XX14

Sec. 415. Criminal penalties XX15

Chapter 5. Class III Gaming XX-15

Sec. 501. Class III gaming

contingent on compact

with the State XX15

Sec. 502. Request for

negotiations with the

State XX15

Chapter 6. Self-Regulation of

Gaining Activities XX-l6

Sec. 601. Petition for

certification of

self-regulation XX16

Sec. 602. Waiver of tribal

requirements based on

certificate of selfregulation XX16

Chapter 7. National Indian

Gaming Commission XX-17

Sec. 701. Authority of the

Commission XX-17

Sec. 702. Failure to

cooperate with the

Commission XX-17

Sec. 703. Commission

regulations and

guidelines

superseding this Title XX-18

xx ii
TITLE XX - LICENSING AND REGULATION OF

BINGO AND OTHER GAMES OF CHANCE

(THIS TITLE ADOPTED AS PER RESOLUTION

NO.ES 17298812, DATED 12/12/88, AND

2084B893, DATED 03/13/89.)

Chapter 1. Findings

Sec. 101. The Tribal Executive Board

finds

(a) That operation of bingo

and other games of chance by the Tribes

and tribal subdivisions is a valid means

of promoting tribal economic development

and the health and welfare of tribal

members;

(b) That, under the

principles established by the United

States Supreme Court in California v.

Cabazon Band of Mission Indians 94

L.Ed.2d 244 (1987), Indian tribes have

the exclusive right to regulate gaming

activity on Indian lands if the activity

is not specifically prohibited by

Federal law and is conducted within a

state, such as Montana, which does not

criminally prohibit the activity;

(c) That the United States

Congress has recently enacted Public Law

100-497, the Indian Gaming Regulatory

Act, providing for certain federal

regulation of Indian gaming;

(d) That tribal regulation of

gaming activity on the Reservation is

vital to the protection of trust lands

on the Reservation and to the protection

of the interests of the Tribes and their

members.

Chapter 2. Definitions

Sec. 201. Class I gaming

Class I gaming means:
(a) Social games played

solely for prizes of minimal value;

(b) Traditional forms of

Indian gaming and bingo (as defined in

Section 202) engaged in as a part of, or

for the promotion of tribal ceremonies,

celebrations, or powwows, provided that

total gross receipts from such gaming,

including bingo, do not exceed fifty

thousand dollars ($50,000.00) in any

year for any single ceremony,

celebration or powwow.

Sec. 202. Class II gaming

The term Class II gaming

means:

(a) Bingo

The game of chance which

is played for prizes, including monetary

prizes, with cards bearing numbers or

other designations, in which the holder

of the card covers such numbers or

designations when objects, similarly

numbered or designed, are drawn or

electronically determined, and in which

the game is won by the first person

covering a previously designated

arrangement of numbers or designations

on such cards.

Electronic, computer or

technological aids-such as

computergenerated number sequencescan

be used in connection with Class II

bingo, so long as all players are

playing against each other to achieve

the same sequences. Computerized or

video bingo, in which players play

against the machine rather than against

each other, are Class III games, subject

to Chapter V of this Title.

Class II gaming shall not

include bingo included as Class I gaming

in Section 201.

XX-2
(b) Other games of chance

Games similar to bingo,

including, if played at the same

location as bingo, pull-tabs, lotto,

punch boards, tip jars, and instant

bingo, in which prizes are awarded on

the basis of a designated winning number

or numbers, color or colors, symbol or

symbols determined by chance.

Sec. 203. Class III gaming

All forms of gaming that are

not Class I or Class II gaming,

including:

(a) Electronic or

electromechanical facsimiles of any game

of chance or slot machines of any kind,

including video bingo.

(b) All banking card games;

that is, card games played against the

house, including baccarat, chemin de

fer, and blackjack.

Sec. 204. Traditional forms of Indian

gaming

(a) Gaming activities such as

stick or bone games played as part

of tribal ceremonies, celebrations, or

powwows.

(b) Games such as rodeos or

horse races, including those for which

purses or prizes are awarded, that are

played as part of tribal ceremonies,

celebrations, or powwows. This does not

include games operated prior to a

ceremony, celebration, or powwow for the

purpose of raising funds for the

ceremony, celebration, or powwow; these

are considered Class II games unless

they meet the definition set forth in

Section 205, below.

XX-3
Sec. 205. Social gpmes for prizes of H

minimal vplue

Games in which the total value

of prizes awarded during the calendar

year does not exceed two thousand, five

hundred dollars ($2,500.00).

Sec. 206. Tribal subdivision

(a) The community

organization of each Reservation

community.

(b) Nonprofit entities

organized to raise funds and operate

programs to promote the health and

welfare of tribal members and/or to

organize and operate ceremonies,

celebrations, and powwows.

(C) Tribal school boards.

Sec. 207. Net revenues

Gross revenues of gaming

activity less amounts paid out as, or

paid f or, prizes and total operating

expense, excluding management fees.

Sec. 208. Primary management official

The manager of the gaming

activity at each licensed site; also,

any employee who reports directly to the

manager and assists the manager directly

with managerial functions.

Chapter 3. Class I Gaming

Sec. 301. Regulation of Class I gaming

This Title does not apply to

Class I gaming as defined in Chapter 2,

except as provided in this Section. The

Tribes reserve the right to inspect the

premises where the Class I game is held

and to obtain and review financial

XX-4
information concerning the game in order

to determine whether it meets the

definition of a Class I game. In

addition, Class I games may be subject

to other tribal ordinance and

regulations designed to protect the

health and welfare of tribal members.

Chapter 4. Class II Gaming

Sec. 401. Regulation of Class II gaming

(ti) All Class II gaming operated

by the Tribes, Indian organizations, or

individual Indians within the Fort Peck

Reservation shall be conducted according

to the provisions of this Title.

Sec. 402. Ownership of Class 11 games

All Class II games included

within Section 401 must be solely owned

by either the Tribes or a tribal

subdivision. Ownership of Class II

games by any other entity or any

individual is prohibited. An entity

shall be considered to own a game if

it has the authority to direct

distribution of the games revenues.

Sec. 403. Status as a tribal subdivision

Each entity seeking

designation as a tribal subdivision for

the purpose of this Title shall file an

application with the Tribal Executive

Board. The Bôàrd shall prepare forms

for this purpose. The application shall

provide information on the nature and

purpose of the entity and the programs

it operates, and shall demonstrate that

the uses to which it puts its funds

conform to Section 409. This

requirement is waived for the community

organzation of each reservation

community; these organizations shall be

designated as tribal subdivisions

effective on enactment of this Title by

XX-5
the Board. The decision of the Board on

any application shall be final.

Sec. 404. Licenses for Class II gaming

activities

The Tribes shall issue a

license for each place, facility, or

location where Class II gaming is

conducted. For each location licensed,

and application must be filed that

provides the following information:

(a) A description of the

premises in which the game is to be

held, and proof that the applicant is

the owner of such premises, or lessee of

such premises, for at least the term of

the license;

(b) Agreement by the

applicant to accept and abide by all

applicable provisions of this Title and

all conditions of the tribal license;

(C) Satisfactory proof that

notice of the application has been

posted in a prominent, noticable place

in the Tribal Office and on the premises

where the game is to be held for at

least thirty (30) days prior to

consideration by the Board, and

published at least twice in a local

newspaper serving the Reservation. The

notice shall state the date, time and

place when the application shall be

considered by the Tribal Executive Board

pursuant to Section 406.

Sec. 405. License fees and duration

of license

Each application shall be

accompanied by a fee of fifty dollars

($50.00). The license shall expire on

December 31st of the calendar year in

which it is issued.

XX-6
Sec. 406. Hearing on application for a

license

All applications for a license

shall be considered by the Tribal

Executive Board in open session at which

the applicant, his/her attorney and any

person protesting the application shall

have the right to be present, and to

offer sworn oral or documentary evidence

relevant to the application. After the

hearing, the Board shall determine

whether to grant or deny the

application. In the event that the

applicant is a member of the Board, or a

member of the immediate family of a

Board member, such member shall not vote

on the application or participate in the

hearing as a Board member. The decision

of the Board shall be final.

Sec. 407. Conditions of the tribal

license

Any tribal license issued

under this Title shall be subject to

such reasonable conditions as the Board

shall fix, including, but not limited to

the following:

(a) The licensee shall at all

times maintain an orderly, clean, and

neat establishment, both inside and

outside the licensed premises. The

premises shall be in full compliance

with Title XI, Health and Sanitation, of

the Comprehensive Code of Justice;

(b) The licensed premises

shall be subject to patrol by the tribal

and BIA police force, for the purpose of

enforcing tribal law, and the licensee

shall cooperate at all times with such

police and law officers;

(c) The licensed premises

shall be open to inspection by duly

authorized tribal officials and officals

of the National Indian Gaming Commission

at all times during the regular business

hours;

XX-7
(d) The premises covered by

the tribal license shall be closed

during polling hours on tribal election

days, and on special days of observance,

as designated by the Board;

(e) There shall be no

discrimination in the operations under

the tribal license by reason of race,

color or creed, provided, however, that

a licensee may give a preference in

employment to Indians;

(f) No person who is under

the age of eighteen (18) shall

participate nor shall be allowed to

participate in any manner in the

operation of any game. No person who is

under the age of eighteen (18) shall

play in any bingo game or other games of

chance. -Ne-person-under the--age- of

eight-e~en--f--18) shall- be -allowed o-n

p~-einis-es where g-ames a-re----be-ing

conducted- It shall be the

responsibility of the licensee and those

persons physically operating the games

to determine that no unauthorized person

is allowed to play in or participate in

any manner in the operation of any bingo

game;

r

I

(g) All licensees shall

impose a uniform charge on all players

for the bingo cards to be used in each

bingo game. The rate to be charged

players for cards shall be fixed by each

licensee and posted conspicuously on the

premises. No person shall be allowed to

play in a game without first paying this

uniform charge, with the exception that

free games may.rbe awarded as prizes.

Each person paying for the opportunity to participate in a bingo game shall be

given a bingo card which shall be

numbered. Each card issued shall

represent a specific amount of money

which has been paid to the licensee.

The amount of prize money represented by

each card issued shall be clearly made

known to all players prior to anyone

paying to participate in the activity;

Cc

XX8
(h) Bingo cards shall be sold

and paid for, only in advance for use in

a specified game or games. All sales of

bingo cards shall take place upon the

premises and upon the occasion that the

bingo gaines for which the card is being

sold are conducted. No cards may be

sold on credit or as a gift or loan of

any kind whatever;

(i) No ope~at6r shall allow a

person who manages or receives any

compensation, directly or indirectly,

for the operation of any bingo game

conducted by the operator to play in a

bingo game or game of chance while on

duty;

(j) Each numbered ball, or

other device, used in a bingo game for

the selection of numbers to be called in

play shall be the same weight as each of

the other balls or devices used for the

purpose in that game. Immediately

following the calling of each number in

a bingo game, the caller shall turn the

portion of the ball or other deivce used

to determine which number is called

which shows the nuither and letter to the

participants in the game so that

participants may know that the proper

number has been called out. Nothing in

this Section shall prohibit the use of

electronic, computer or other

technological aids in games of bingo or

other games of chance provided that such

aids are used properly and fairly;

(k) No beverage containing

alcohol, including but not limited to,

beer or liquor, shall be offered or

awarded as a prize or in lieu of a prize

for winning at any of the activities

authorized by this Title;

(1) No firearms, air guns

which are capable of discharging

dangerous projectiles, including but not

limited to B.B.s or C02 guns, rifles,

shotguns, pistiols, or revolvers; shall

be offered or awarded as a prize or in

lieu of a prize for winning at any of

xx-g
the activities authorized by this

ordinance;

(in) No person involved in the

operation of any activity authorized by

this ordinance shall, directly or

indirectly, in the course of such

operation employ any device, scheme, or

artifice to defraud; make any untrue

statement of a fact, or omit to state a

fact necessary in order to make a

statement not misleading in

consideration of the circumstances under

which such statement was made; engage in

any act, practice, or course of

operation as would operate as a fraud or

deceit upon any person;

(n) Each licensee shall

display its license in a conspicuous

location in the gaining establishment.

Sec. 408. Assignment or transfer

No license issued under the

ordiance shall be assigned or

transferred.

Sec. 409. Cancellation and suspension

The licensee must have, and

exercise complete control over the

premises being used for bingo or other

games of chance at all times said games

are being played. The licensee and

his/her employees shall be legally

responsible for any violation of the

Title. Any license issued hereunder may

be cancelled by, the Tribal Executive

Board for the breach of any of the

provisions of this ordinance or of the

tribal license, upon hearing before the

board, after ten (10) days notice of the

claimed breach to the licensee. If the

Tribes are the licensee, notice shall be

served on the manager of the tribal

operation. The time and place of the

hearing shall be posted in the tribal

office, and if time permits, in a local

newspaper serving the Reservation. The

licensee, manager, their attorney and

xx-10
any person affected by the license shall

have the right to be present and to

offer sworn oral or documentary evidence

relevant to the breach charged. A

license may be suspended during the ten

(10) day period by a three quarters

(3/4) vote of the Board at a meeting at

which a quorum is present. The decision

of the Board shall be final.

Sec. 410. Uses of net revenues of

gaming activities

Net revenues of the gaming

activity must be used for the following

purposes:

(a) To fund tribal government

operations or programs;

(b) To provide for the

general welfare of the Indian tribe

and its members, including to fund

programs operated by a tribal

subdivision that contribute to the

general welfare;

(C) To promote tribal

economic development;

(d) To donate to charitable

organizations; or

(e) To help fund operations

of local government agencies, including

tribal subdivisions.

Sec. 411. Annual outside audit

Each licensee, including the

Tribes, shall arrange for an annual

outside audit of the operation for

presentation to the National Indian

Gaming Commission. The audit shall

examine the uses of the net revenues and

all contracts for amounts in excess of

twenty five thousand dollars

($25,000.00) annually (except contracts

for legal or accounting services). The

tribal subdivisions shall provide their

audit reports to the Tribes for review

xx- ii
at least thirty (30) days before they

are due at the Commission, and the

Tribes shall forward all audit reports

to the Conunission.

Sec. 412. Reports to the Tribes

Each licensee shall submit to

the Tribal Executive Board, on a

quarterly basis, a financial report for

the prervious quarters operations.

Such reports shall be signed, under

oath, by an official or representative

of the licensee, who in the case of a

tribal operation shall be the

operations manager. The reports shall

document:

(a) Monthly attendance at

scheduled gaming events;

(b) Gross receipts for each

month;

(c) Names of each employee

and the salary or other compensation

paid to each;

(d) All expenses in the

operation of the games, specifying all

payments to vendors and contractors;

(e) The amount paid in prizes

each month;

(f) All bank deposits made

from proceeds of the bingo games,

including any interest received on such

deposits;

(g) All bank withdrawals, and

the purpose of each;

(h) All expenditures of net

proceeds including the amount, person or

organization paid, date, and purpose of

such expenditures.

XX-12
Sec. 413. Investigations, oversight, and

licensing of primary

management officials and key

employees of the gaming

activity

(a) Before hiring any primary

inanagment official or other key employee

of the gaming activity, the licensee

shall conduct a bankground investigation

of that individual. The investigation

shall consist, at a minimum, of a

criminal background check to determine

whether the individual has a tribal,

state, or federal criminal record; a

review of the individuals financial

history; and an inquiry into the

individuals reputation, habits, and

associations within the Indian

community. The latter shall include

interviews with all of the individuals

previous employers during the past three

(3) years, unless these employers cannot

be located.

(b) No one who has been

convicted of a felony in any tribal,

state or federal court, shall be

eligible for employment as a primary

management offical or other key

employee. No one whose prior

activities, criminal record, reputation,

habits, and associations would pose a

threat to the public interest or to the

effective regulation of gaming on the

Reservation, or create the danger of

unsuitable, unfair, or illegal practices

and methods and activities in the

conduct of gaming shall be eligible for

employment as a primary management

official or other key employee.

(c) Following successful

completion of the background

investigation, the licensee shall

forward to the Tribal Executive Board

the results of the investigation, and

the Board shall issue a license to the

employee. The Board shall forward to

the National Indian Gaming Commission

the results of the investigation, and if

no adverse action is taken by the

XX13
Commission within ten (10) business

days, issue a license to the employee.

(d) Each license shall be

effective for a period of one (1) year.

Prior to expiration of the license, the

licensee shall update the information

produced during the original

investigation, and if the individual

still meets the applicable standards,

the Board shall renew the license for

another year. Notice of any such

renewals shall be forwarded to the

National Indian Gaming Commission.

(e) If the National Indian

Gaming Commission informs the Tribes

that based on reliable information, a

primary management official or other key

employee does not meet the federal

standards for such employees, as set

forth in Public Law 100497 and this

Section, the Tribes shall suspend the

license of that employee. After at

least ten (10) days notice to the

employee affected, the Tribes shall hold

a hearing to determine whether the

license should be permanently revoked.

The employee may be represented by an

attorney at his/her own expense and

present and cross examine witnesses.

The Boards decision on revocation of

the license shall be final.

(f) Each licensee shall be

responsible for designating the

managers, direct assistants to the

manager, and other key employees of its

gaming activities. At least one (1)

employee shall be designated for each

place, facility, or location where

gaming is conducted.

Sec. 414. Raffles

Nothing in this Title shall be

construed to prohibit any raffle or like

activity conducted by a religious,

charitable or other non-profit

organization as permitted by Section

415(b) (3) of Title III of the Code of

Justice, or to require such organization

XX14
to obtain a license to operate such a

raffle.

Sec. 415. Criminal penalties

Operations of a Class II

gaming activity without a license shall

constitute a Class A misdemeanor.

Violation of any other provision of

Chapter IV of this Title shall

constitute a Class B misdemeanor.

Chapter 5. Class III Gaming

Sec. 501. Class III gaming contingent on

compact with the State

Operation of any Class III

game on trust land, and of any Class III

game within the Reservation by the

Tribes, an Indian organization, or

individual Indian shall constitute a

Class A misdemeanor unless the game

is authorized by a tribal/state compact

approved by the Secretary. Any such

compact shall conform to the

requirements set forth in Public Law

100497 for such compacts, and shall

also conform to Chapter IV of this

ordinance, unless any provisions of

Chapter IV are specifically modified by

the compact.

Sec. 502. Request for negotiations

with the State

Withifl a reasonable time after

enactment of this Title, the Tribal

Executive Board shall request

negotiations with the State for a

compact that permits operation of video

bingo and any other Class III games

that are permitted by the State for any

purpose by any person, organization, or

entity and that are determined by the

Executive Board to be in the best

interest of the Tribes and its members.

XX 15
Chapter 6. Self-Regulation of

Gaining Activities

Sec. 601. Petition for certification

of self-regulation

Under Public Law 100-497,

the Tribes and any tribal subdivision

that operates a licensed gaming activity

pursuant to this Title, and has operated

the gaming activity for at least three

(3) years, including at least one (1)

year after October 17, 1988, is eligible

to petition the National Indian Gaming

Commission for a certificate of

self-regulation. Such a certificate

exempts the Tribes or tribal subdivision

from certain regulatory requirements

under Public Law 100-497. When the

Tribes or any tribal subdivision meets

the requirements for duration of the

gaming activity set forth above, it

shall review the standards set forth in

Section 11 of Public Law 100-497 and

determine whether it wishes to file a

petition for self-regulation would be

appropriate.

Sec. 602. Waiver of tribal requirements

based on certificate of

selfregulation

If any licensee under this

Title is granted a certificate of

self-regulation by the Commission, the

requirements of Section 411 of this

Title shall be waived as to that

licensee. All other requirements shall

continue in full force and effect. If

the certificate of selfregulation is

revoked, the requirements of Section 411

shall be reinstated.

XXl6
Chapter 7. National Indian

Gaming Commission

Sec. 701. Authority of the Conunission

Public Law 100-497 creates the

National Indian Gaming Commission and

grants the Commission and its Chairman

certain regulatory authority over Indian

gaming activities, including the

authority to:

(a) Monitor Class II gaming

activities;

(b) Inspect and examine all

premises located on Indian lands on

which Class II gaming is conducted;

(c) Conduct or cause to be

conducted such background investigations

as may be necessary;

(d) Demand access to and

inspect, examine, photocopy, and audit

all papers, books, and records

pertaining to the gaming activity;

(e) Promulgate such

regulations and guidelines as it deems

appropriate to implement the provisions

of Public Law 100-497, including

regulations for the assessment and

collection of civil fines against Indian

gaming activities as authorized by

Section 14 of Public Law 100497;

(f) Establish the fees to be

paid by Indian gaming activities in

order to fu~Id the Commissions

operations.

Sec. 702. Failure to cooperate with

the Commission

All licensees under this Title

shall cooperate fully with all lawful

regulations, guidelines, and orders of

the Commission. Failure to do so shall

constitute a Class A misdemeanor and

XX-17
shall also constitute grounds for

revocation of the tribal license.

Sec. 703. Commission regulations and

guidelines superseding this

Title

Any regulations and guidelines

adopted by the Commission that are

inconsistent with any provisions of this

Title shall supersede that provision,

unless the Com~nission grants a waiver.

In such a case, the Board shall promptly

amend this Title so that it conforms to

the Commissions regulations and

guidelines.

XX-18
S~p1 ~ ~98

FOURTH AMENDMENT TO THE APRIL 6, 992 AGREEMENT BETWEEN

THE SSThIIBONE AND SIOUX TRIBES OF THE FORT PECK RESERVATION

AND THE STATE OF MONTANA

CONCERNING VIDEO KENO, POKER AND BINGO GAMES,

SIMULCAST RACING AND OTHER CLASS III GAMING

The purpose of this amendment to the Fort Peck-Montana Compact is to authorize the Tribes

to license individual Indians to operate gaming on the Fort Peck Reservation. The Tribes and the

State pursuant to Article VIIIB of the Agreement between the parties agree as follows:

1. Section IVC is amended to read as follows:

The Tribes may license any Indian to own and operate a gaming

operation on the Reservation so long as such operation is consistent

with all provisions of this Compact and with the Indian Gaming

Regulatory Act. Whenever an interest in any gambling license or

permit is owned in whole or in part by a non-Indian, the State of

Montana shall regulate those gambling activities.

2. Section VA2 is amended to read as follows:

2. All gaming authorized under Section A of Article IV shall be

conducted by the Tribes directly or by an Indian licensed by the Tribes

to operate such gaming.

3. Section VBI is amended to read as follows:

1. Prize limits at tribally owned premises may not exceed a value

higher than $1000.00 for each individual award. No more than twenty

(20) machines per premise shall be available for play by individual

tribally-licensed operators with a maximum payout of $800.00 for

each individual award or a payout equal to that which is allowed under

state law, whichever is greater.

4. All terms and conditions of the April 6, 1992 agreement not specifically amended

herein remain in fill force and effect.

ASSINTBOINE AND SIOUX TRIBES STATE OF MONTANA

OF THE FORT PECK R~$ERVATION

Spike Bighdj1n, Chai~(an Marc Racicot, Governor

Date ate

/

S H MAZU

DSOI/166021 Att rney Genera