Richard Brannan 

Chairman 

Northern Arapaho Tribe of the 

Wind River Reservation 

P.O. Box 217 

Fort Washakie, WY 82514 

Dear Chairman Brannan: 

This letter responds to your request to review and approve 

the Northern Arapaho Tribe (Tribe), Gaming Code, as adopted on 

July 19, 1995. This letter constitutes such approval under the 

Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian 

Gaming Commission (NIGC), the Chairman is directed to review 

ordinances with respect to the requirements of the IGRA and the 

implementing regulations. Thus, the scope of the Chairman's 

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. Provisions other than those required 

under the IGRA or the NIGC regulations that may be included in a 

tribal ordinance are not subject to review and approval. Also, 

such approval does not constitute approval of specific games. It 

is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Northern Arapaho Tribal 

Gaming Code, the Tribe is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pursuant to 

25 C.F.R. 5 556.5(a) and an investigative report on each 

background investigation before issuing a license to a key 

employee or primary management official pursuant to 25 C.F.R. 

§ 556.5 (b) . 

The Tribe's submission failed to include procedures for 

conducting criminal history checks. The Tribe should identify an 

authorized entity, such as the NIGC, that will process 

fingerprint cards through the FBI. Please return the enclosed 

MOU if the Tribe would like to utilize the NIGC for this purpose. 
NORTHERN ARAPAHO TRIBE 

TRIBAL GAMING CODE 
CHAPTER 1: LEGISLATIVE FINDINGS AND PURPOSE 

SECTION 101. Authority. The Northern Arapaho Tribe is a 

sovereign, federally-recognized Indian tribe. The Northern Arapaho 

Business Council is authorized under tribal law to promulgate 

tribal codes. This Code is enacted on the basis of the Tribe's 

inherent sovereign powers, and the Indian Gaming Regulatory Act, 

Pub. L. 100-497, 25 U.S.C. §§ 2701 & seq. 

SECTION 102. Findings. 

1. Self-determination. An explicit goal of federal Indian 

policy, as enunciated among other places in the Indian Gaming 

Regulatory Act, is to promote tribal economic development, selfsufficiency, and strong tribal government. The Tribe is deeply 

committed to these values. 

2. Economic pressures. The Tribe needs additional revenues 

to assist it in meeting its governmental responsibilities. 

3. Gaming as an economic enterprise. Gaming is an 

appropriate subject for a tribal enterprise because: 

a. Congress has found that Indian tribes have the right 

to regulate gaming activity on Indian lands if the gaming activity 

is not specifically prohibited by federal law and is conducted 

within a state which does not, as a matter of criminal law and 

policy, prohibit such activity. 25 U.S.C. 5 2701(5). 

b. Congress has provided a statutory basis for the 

operation of gaming by Indian tribes as a means of promoting tribal 

economic development, self-sufficiency, and strong tribal 

government. 25 U.S.C. 5 2702(1). 

c. Wyoming law is not directly applicable on the 

Reservation, but federal law depends in part on certain policies 

underlying state gaming laws. Tribal gaming operations would not 

conflict with federal law. 

SECTION 103. Purpose. The purpose of this Code is to provide for 

the sound regulation of all gaming activities within the Tribe's 

jurisdiction, to prevent improper or unlawful conduct in the course 

of such activities, and to promote tribal economic development, 

self-sufficiency, and strong tribal government. 

SECTION 104. Disclaimer regarding gaming operations or property of 

Eastern Shoshone Tribe. By enacting this Code, the Northern 

Arapaho Tribe asserts no claim of jurisdiction whatsoever with 

respect to any gaming facility operated, or to be operated, by the 

Eastern Shoshone Tribe, or any property or interest in property of 

the Eastern Shoshone Tribe. The Northern Arapaho Tribe expects 

that, ultimately, a joint gaming code of the Northern Arapaho and 

Northern Arapaho Gaming Code 

Page 2 
Eastern Shoshone Tribes may be approved, and may supersede this 

Code in whole or in part. In the interim, however, the Northern 

Arapaho Tribe has determined that it must provide a regulatory 

framework with respect to its own gaming operations. All 

provisions of this Code shall be interpreted to give effect to this 

section. 

CHAPTER 2: GENERAL PROVISIONS 

SECTION 201. Definitions. For purpose of this Code: 

1. Act. "Act" means the Indian Gaming Regulatory Act, Pub. 

L. 100-497, 25 U.S.C. §§ 2701 & M. 

2. Agency. "Agencyl1 means the Arapaho Gaming Agency 

established by this Code. 

3. Class I gaming. llClass I gamingt1 has the meaning set 

forth in the Act at 25 U.S.C. § 2703(6) and 25 CFR § 502.2. It 

means social games solely for prizes of minimal value or 

traditional forms of Indian gaming engaged in by individuals as a 

part of, or in connection with, tribal ceremonies or celebrations. 

4. Class 11 gaming. "Class I1 gaming" has the meaning set 

forth in the Act at 25 U.S.C. § 2703(7) and 25 CFR § 502.3. In 

general, it includes gaming such as bingo, pull-tabs, lotto, punch 

boards, tip jars, instant bingo, and other games similar to bingo. 

It also includes certain card games (although not blackjack (21) or 

other I1bankinglg card games) to the extent such games are played in 

conformity with state law. 

5. Class I11 gaming. "Class I11 gaming" has the meaning set 

forth in the Act at 25 U.S.C. § 2703(8) and 25 CFR 5 502.4. It 

includes all forms of gaming that are not Class I or Class I1 

gaming. 

6. Code. "Codell means this Tribal Gaming Code, including any 

amendments. 

7. Commission. llCommissionll means the National Indian Gaming 

Commission established by the Act at 25 U.S.C. 5 2704. 

8. Compact. llCompact@u means any gaming Compact as described 

in the Act at 25 U.S.C. § 2710(d) between the Tribe and the State 

which has been fully approved under the Act. 

9. Council. llCouncilll means the Northern Arapaho Business 

Council. 

10. Key employee. !!Key employeell means : 

a. A person who performs one or more of the following 

Northern Arapaho Gaming Code 

Page 3 
functions: 

i. Bingo caller; 

ii. Counting room supervisor; 

iii. Chief of security; 

iv. Custodian of gaming supplies or cash; 

v. Floor manager; 

vi. Pit boss; 

vii. Dealer; 

ix. Approver of credit; 

x. Custodian of gambling devices including 

persons with access to cash and accounting 

records within such devices; 

b. If not otherwise included, any other person whose 

total cash compensation with respect to the gaming operation is in 

excess of $50,000 per year; or 

c. If not otherwise included, the four most highly 

compensated persons in the gaming operation. 

11. Net revenues. "Net revenuesn means gross gaming revenues 

of an Indian gaming operation less: (a) amounts paid out as or for 

prizes; and (b) total gaming-related operating expenses, excluding 

management fees. 

12. Primary management official. llPrimary management 

officialn means: 

a. Any person having management responsibility for a 

management contract; 

b. Any person who has authority (i) to hire or fire 

gaming employees; or (ii) to set up working policy for the gaming 

operation; or 

c. The chief financial officer or other person who has 

financial management responsibility with respect to a gaming 

operation. 

13. Reservation. llReservationtl means the Wind River Indian 

Reservation. 

Northern Arapaho Gaming Code 

Page 4 
14. State. "Staten means the State of Wyoming, its 

authorized officials, agents, and representatives. 

15. Tribe. "Tribeff means the Northern Arapaho Tribe, its 

authorized officials, agents, and representatives. 

CHAPTER 3: AUTHORIZATION OF TRIBAL GAMING 

SECTION 301. Tribal gaming authorized. The Council hereby 

authorizes one or more tribally-owned gaming establishments to 

offer all forms of gaming which are lawful, or which may become 

lawful, under the Act. 

SECTION 302. Tribe to be sole gaming proprietor. The Tribe, 

rather than individual Arapaho tribal members or others within the 

jurisdiction of the Tribe, shall have the sole proprietary interest 

in and responsibility for the conduct of any tribal class I1 or I11 

gaming activity. This provision shall not preclude the Tribe from 

entering into a lawful management contract under 25 U.S.C. § 2711. 

SECTION 303. Separate license for each location. The Tribe shall 

issue a separate license to each place, facility, or location where 

class I1 or I11 gaming will be allowed. 

SECTION 304. Negotiation of Compact authorized. The Chairperson 

of the Council is directed to pursue negotiation of a class I11 

Compact with the State, either in conjunction with the Eastern 

Shoshone Tribe or solely on behalf of the Northern Arapaho Tribe. 

No such Compact shall be in effect until it is specifically 

approved by the Council. 

SECTION 305. Compliance with law; inclusion of Compact. 

1. Applicable law. All class tribal I1 and I11 gaming 

operations shall be conducted in accordance with the Act, the 

Commission's regulations, other federal law, tribal law (including 

joint-tribal and Arapaho law, this Code, and all regulations and 

orders of the Northern Arapaho Gaming Agency established under 

chapter 4 of this Code), and any approved Compact. This Code shall 

be construed in a manner which conforms to applicable law. 

2. Incorporation of compact. Upon approval of a Compact, the 

Compact shall be incorporated into this Code. In the event of any 

inconsistencies between the Compact and any provision of this Code, 

the Compact shall govern. 

CHAPTER 4: NORTHERN ARAPAHO GAMING AGENCY 

SECTION 401. Agency established. The Council hereby establishes 

a tribal agency to be known as the Northern Arapaho Gaming Agency, 

which shall be responsible for the successful, safe, lawful, and 

honest operation of the Tribe's class I1 and I11 gaming operations 

Northern Arapaho Gaming Code 

Page 5 
on the Reservation. 

SECTION 402. Structure of Agency. 

1. Number. The Agency shall consist of three members, one of 

whom shall be designated by the Council as chairman. 

2. Appointment. The three members of the Agency and one 

alternate shall be appointed by the Council from tribal members 

whom the Council deems qualified, giving due weight to the 

candidates1 education, experience, and integrity. Members of the 

Council may serve as members of the Agency. 

3. Term. Initial appointments to the Agency shall be for the 

following terms: Chairman -- three years; one member -- two years; 

one member -- one year; alternate member -- three years. 

Thereafter, all appointments shall be for three-year terms, 

provided that if a vacancy occurs for any reason, the Council shall 

appoint a replacement for the remainder of the replaced person's 

term. Agency members may only be suspended or removed by a vote of 

at least four members of the Council, for good cause. 

4. Registered Agent. The Chairman of the Agency shall be the 

agent for service of process pursuant to 25 CFR § 522.2(g). Until 

a Chairman of the Agency is appointed, the Chairman of the Council 

shall be the agent for service of process. 

5. Gaming manager. The Council shall also appoint a gaming 

manager, who shall report to the Agency and the Council, and shall 

have the powers and duties described in section 405 and elsewhere 

in this Code. The gaming manager shall be a salaried employee 

whose salary shall not be dependent on a percentage of gaming 

revenues. The gaming manager shall serve at the pleasure of the 

Council. 

SECTION 403. Powers and duties of Agency. The Agency shall have 

the following powers and duties: 

1. Oversight. The Agency shall have primary responsibility 

for oversight of the Tribe's class I1 and I11 gaming operations. 

The Agency shall supervise the gaming manager and any contract 

manager, and shall report to the Council. 

2. Inspection. The Agency may employ inspectors (all of whom 

shall be licensed as gaming employees under this Code) who may be 

present at any gaming facility during any hours of operation, and 

who shall be under the sole supervision of the Agency and not under 

the supervision of a contract manager. Such inspectors shall have 

unfettered access to all areas of the gaming facilities at all 

times, including locked or secured areas. Personnel employed by 

the gaming operation or a contract manager shall provide such 

inspectors immediate access to all such areas on request at any 

Northern Arapaho Gaming Code 

Page 6 
time. Such inspectors shall report to the Agency regarding any 

failure by the gaming operation to comply with any applicable law, 

including this Code or any Compact. 

3. Protection of public health, safety, and the environment. 

The Agency shall assure that the construction, maintenance, and 

operation of any tribal Class I1 or Class I11 gaming facility shall 

at all times be conducted in a manner which adequately protects 

public health, safety, and the environment, and complies with all 

applicable federal and tribal laws. In particular, the Agency 

shall prepare a plan for the protection of public safety and the 

physical security of patrons in each of its gaming facilities, 

setting forth the respective responsibilities of the Agency, the 

security department of the gaming operation, any tribal police 

agency, and if appropriate, any federal, state, or local police 

agency. The Agency shall review and approve floor plans and 

surveillance systems for each gaming facility and may confer with 

other governmental or private parties regarding the adequacy of 

such plans and systems. The Agency shall enforce the health and 

safety standards applicable to the gaming facilities in accordance 

with this Code. A gaming operation must obtain a certificate of 

compliance, which shall be issued by the Agency upon a 

determination that the gaming facility complies with such 

standards. 

4. Resolution of complaints. All written complaints from any 

person regarding any aspect of gaming operations shall be reviewed 

by the Agency and retained for at least 5 years. The Agency, 

including on-site inspectors, may assist in seeking voluntary 

resolution of any complaints. The Agency may receive any complaint 

from an employee of the gaming operation or any member of the 

public who claims to be adversely affected by an act or omission of 

the gaming operation or any person associated with it which is 

alleged to be unlawful or improper and may require such remedial 

action as it deems appropriate to bring the gaming operation into 

compliance. The Agency may for this purpose, in its sole 

discretion, conduct a hearing and receive evidence with regard to 

such complaint if it deems an evidentiary proceeding useful to 

resolve such complaint. Notwithstanding the above, licensing 

disputes, patron disputes regarding particular wagers, and disputes 

regarding the imposition of penalties, shall be resolved as set 

forth in chapter 8 of this Code. 

5. Investigations. The Agency may on its own initiative 

investigate any aspect of the gaming operation to protect the 

public interest in the integrity of such gaming activities and to 

prevent or remedy improper or unlawful conduct in the course of 

such gaming activities. The Agency shall investigate any report of 

a failure of the gaming operation to comply with applicable law, 

including the provisions of any Compact, and may require the gaming 

operation to take any corrective action the Agency may determine 

appropriate. The Agency may compel any licensee or person employed 

Northern Arapaho Gaming Code 

Page 7 
by or doing business with the gaming operation to appear before it 

and to provide such information, documents, or other materials as 

may be in their possession or control to assist in any such 

investigation. 

6. Background investigations; gaming licenses. The Agency 

shall conduct, or have conducted, any background investigations 

required or permitted under applicable law, and shall issue, 

suspend, and revoke all licenses pertaining to class I1 or I11 

gaming. 

7. Co-ordination with other agencies. The Agency shall coordinate its activities and cooperate with other relevant agencies, 

including the Commission and other federal agencies, and any 

agencies of the State with which the Tribe cooperates pursuant to 

a Compact. The Agency may provide any information to such agencies 

which must or may be provided under applicable law. 

8. Co-ordination with private entities. The Agency shall 

supervise, oversee, and, to the extent appropriate, co-ordinate its 

activities with, any contract manager, and any other contractors, 

vendors, suppliers, or other private entities with any involvement 

in any aspect of gaming operations. 

9. Regulations. The Agency may promulgate, review, and 

revise as necessary regulations, rules, and procedures to govern 

and facilitate the operation and management of the gaming operation 

in accordance with applicable law. Such regulations, rules, and 

procedures shall be subject to rescission or amendment by the 

Counci 1. 

10. Compact. The Agency shall carry out each of the 

responsibilities and duties set forth for the Agency in a Compact. 

11. Establishment of list of barred persons. The Agency may 

bar any person from working or gaming at the Tribe's gaming 

facilities if in the view of the Agency such person's history, 

associations, reputation, habits, or behavior poses a threat to the 

integrity of tribal gaming activities, or to the safe and lawful 

operation of those activities. his list may be shared with other 

public or private agencies under subsections 7 and 8 above. 

12. Technical standards. The Agency shall promulgate, 

review, and revise as necessary technical standards and rules of 

each game of chance operated by the Tribe. 

13. Penalties. The Agency may impose penalties for 

violations of this Code or any Compact in accordance with chapter 

9 of this Code. 

14. Legal remedies. The Agency may in its own name bring any 

civil action or criminal complaint in the courts of the Tribes, 

Northern Arapaho Gaming Code 

Page 8 
State or the United States to enforce the provisions of this Code, 

the Act, or any Compact, or to enjoin or otherwise prevent any 

violation of this Code, the Act, or Compact, occurring on the 

Reservation. However, the Tribe, including the Agency and any of 

its agents acting within their authority shall retain sovereign 

immunity from suit in any court or tribunal, including immunity 

from counterclaims, except as specifically provided otherwise in 

this Code. 

15. Emergenay action by Agency members. If emergency action 

is required to protect the public interest in the integrity of 

tribal gaming activities, or the safe and lawful operation of those 

activities, and there is insufficient time to convene a meeting of 

the Agency, the chairman of the Agency, or any other member of the 

Agency acting in the absence of the chairman, may issue in the name 

of the Agency any order which the Agency has the power to issue to 

any employee or contractor of the gaming operation or to any other 

person within the jurisdiction of the Tribe to take any action or 

cease and desist from any action as may be required to protect such 

interest. Any such emergency order must be reviewed by the Agency 

at its earliest opportunity, whereupon it may be confirmed or 

vacated by the Agency. An unreviewed or unconfirmed emergency 

order issued under this section will lapse within 10 days, and must 

so state. 

SECTION 404. Agency operations. 

1. Quorum and voting. Two Agency members shall constitute a 

quorum. The Chairman may vote and shall preside over all meetings. 

Action by the Agency should be by consensus, but if consensus 

cannot be achieved, shall be by majority vote. Whenever Agency 

action is not unanimous, majority and rnin~rit'~ views shall be in 

writing, shall be retained in the records of the Agency, and shall 

be reported to the Council. 

2. Recusal. No member of the Agency shall participate in any 

decision directly involving the gaming license, employment, or the 

direct monetary interest of his or her spouse, child, parent, or 

sibling, by blood or adoption. A member of the Agency may 

voluntarily recuse himself and decline to participate in any Agency 

action or decision when the member, in his own discretion, believes 

he could not act fairly or without bias, or that there would be an 

appearance that he could not so act. 

3. Vice-chairman; alternative and temporary members. The 

Agency shall select one of its members to serve as vice-chairman. 

If the chairman is unavailable because of recusal or any other 

reason, the vice-chairman shall serve as acting chairman. If the 

vice-chairman is also unavailable, the third member of the Agency 

may serve as acting chairman. The alternate member shall serve 

temporarily as a member of the Agency only when necessary for the 

Agency to achieve a quorum. The Council may appoint additional 

Northern Arapaho Gaming Code 

Page 9 
alternative or temporary members, which may include non-tribal 

members, as needed to obtain a quorum, on such terms as the Council 

deems appropriate. 

4. Meetings. 

a. Regular meetings of the Agency may be held upon such 

notice, or without notice, at such times and places as the Agency 

determines. Unless otherwise specified by the Agency, no notice of 

such regular meetings shall be necessary. Special meetings may be 

called by the chairman or the gaming manager. Neither the business 

to be transacted at, nor the purpose of any regular or special 

meeting, need be specified in any notice of the meeting. 

b. Any action required or permitted to be taken at a 

meeting of the Agency may be taken without a meeting if each member 

signs a written consent to the action. Such consents shall be 

filed with the minutes of the Agency. 

c. Members of the Agency may participate in a meeting by 

conference telephone or similar communications equipment by which 

all persons participating in the meeting can hear each other. 

SECTION 405. Powers and duties of gaming manager. The gaming 

manager shall have the following powers and duties: 

1. The gaming manager shall manage the day-to-day activities 

of the Agency and the Tribe's class I1 and I11 gaming operation as 

directed by the Agency, in a manner which insures all aspects of 

tribal gaming and agency operations comply with applicable law. If 

the Tribe hires a contract manager, the gaming manager shall be the 

Tribets principal liaison with such contract manager. 

2. The gaming manager shall have day-to-day responsibility 

for coordinating the functions of the Agency with those of the 

State under any Compact, and with other agencies as necessary. 

3. The gaming manager shall have initial responsibility for 

conducting or arranging for background investigations. 

4. The gaming manager shall have initial responsibility for 

attempting to resolve patron disputes, as described in section 802. 

5. The gaming manager shall have authority to remove or 

arrange for the removal from the gaming operation premises of 

disruptive or disorderly persons. 

6. The gaming manager shall make recommendations to the 

Agency regarding the grant or denial of any license, the imposition 

of any penalty, the investigation of any complaint, or any other 

action within the jurisdiction of the Agency. 

Northern Arapaho Gaming Code 

Page 10 
7. The gaming manager may be delegated the authority by the 

Agency to conduct any hearing, investigation, or inquiry. In the 

course of such activities, the gaming manager shall have authority 

to compel the production of any information or documents, and 

otherwise exercise the investigatory powers of the Agency. 

8. The gaming manager shall perform such tasks as assigned by 

the Agency or the Council, and shall report to the Agency and to 

the Council. 

9. If emergency action is required to protect the public 

interest in the integrity of tribal gaming activities, or the safe 

and lawful operation of those activities, and there is insufficient 

time to convene a meeting of the Agency, or to locate the chairman 

of the Agency, or any other member of the Agency, the gaming 

manager may issue in the name of the Agency any order which the 

Agency has the power to issue to any employee or contractor of the 

gaming operation or to any other person within the jurisdiction of 

the Tribe to take any action or cease and desist from any action as 

may be required to protect such interest. Any such emergency order 

must be reviewed by the Agency at its earliest opportunity, 

whereupon it may be confirmed or vacated by the Agency. An 

unreviewed or unconfirmed emergency order issued under this section 

will lapse within 10 days, and must so state 

CHAPTER 5: FINANCIAL MATTERS 

SECTION 501. Application of net revenues. Net revenues from any 

tribal gaming activity are not to be used for any purpose other 

than: 

1. to fund tribal or joint-tribal government operations or 

programs ; 

2. to provide for the general welfare of the Tribe and its 

members (including per capitas conforming to the Act at 25 U.S.C. 

§ 2710(b) (3) ) ; 

3. to promote the Tribe's economic development; 

4. to donate to charitable organizations; 

5. to help fund operations of local government agencies, or 

6. other purposes permitted under the Act. 

SECTION 502. Budgets. The Agency shall propose to the Council an 

annual operating budget, and may in accordance with the budget 

employ staff necessary to fulfill its responsibilities, and with 

the approval of the Council may retain legal counsel, consultants, 

and other professional services, including investigative services, 

to assist it. Such expenses of the Agency shall be assessed 

Northern Arapaho Gaming Code 

Page 11 
against the gaming operation. 

SECTION 503. Audits. All gaming authorized under this Code shall 

be audited by an independent certified public accountant, at least 

annually, as required under 25 CFR § 522.4 (b) (3) , and copies of the 

annual audit shall be provided to the Council and the Commission. 

All gaming-related contracts that result in purchase of supplies, 

services, or concessions for $25,000 in any year (except contracts 

for professional legal or accounting services) shall be 

specifically included within the scope of such audit. The Agency, 

Council, or Commission may call for special audits at any time. 

CHAPTER 6: BACKGROUND INVEBTIGATIONS FOR PRIMARY MANAGEMENT 

OFFICIALS AND KEY EMPLOYEES. 

SECTION 601. Required background investigations. All primary 

management officials and key employees of any class I1 or I11 

gaming operation, including members of the Agency and the gaming 

manager, shall be subject to background investigations required by 

the Act, Commission regulations, this Code, and any approved 

Compact. Background investigation shall be conducted at the outset 

of employment, and shall be ongoing. The Tribe may, by Compact, 

accord responsibility to the State or other entity with respect to 

background investigations. Otherwise, the Agency shall be directly 

responsible for such investigations. 

SECTION 602. Statement of ~esponsibilities. The Tribe is 

responsible for the conduct of background investigations and 

suitability determinations. The Agency shall have primary 

responsibility of conducting and causing to be conducted the 

background investigations, except that the Council shall have such 

responsibility with respect to members of the Agency. Once a 

gaming manager has been fully investigated and approved, the Agency 

may delegate to the gaming manager the duty of conducting or 

causing to be conducted investigative work regarding other key 

employees and primary management officials, if any, subject to the 

review and approval of the Agency. Selection of the above approach 

is based on the necessity of assuring adequate oversight and 

investigation of all key employees and primary management 

officials. 

SECTION 603. Notices to applicants. Any application forms for a 

key employee or primary management official shall include a privacy 

notice pursuant to 25 CFR 5556.2 (1994), a notice regarding 

penalties for false statements pursuant to 25 CFR S556.3 (1994), 

and any other notices required by applicable law. 

SECTION 604. Information from applicants. The Agency shall obtain 

from any candidate for primary management official or key employee 

at least the following information: 

Northern Arapaho Gaming Code 

Page 12 
1. Full name, other names used (oral or written), social 

security number (s) , birth date, place of birth, citizenship, 

gender, all languages (spoken or written); 

2. Currently and for the previous 5 years: all business and 

employment positions held, ownership interests in those businesses, 

business and residence addresses, and drivers license numbers; 

3. The names and current addresses of at least three 

personal references, including one personal reference who was 

acquainted with the applicant during each period of residence 

listed under subsection 2 above; 

4. Current business and residence telephone numbers; 

5. A description of any existing and previous business 

relationship with Indian tribes, including ownership interests in 

those businesses; 

6. A description of any existing and previous business 

relationships within the gaming industry, including ownership 

interests in those businesses; 

7. The name and address of any licensing or regulatory agency 

with which the person has filed an application for a license or 

permit related to gaming, whether or not such license or permit was 

granted; 

8. For each felony for which there is an ongoing prosecution 

or a conviction, the charge, the name and address of the court 

involved, and the date and disposition if any; 

9. For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within 10 years of 

the date of the application, the name and address of the court 

involved and the date and disposition; 

10. For each criminal charge (excluding minor traffic 

charges) whether or not there is a conviction, if such criminal 

charge is within 10 years of the date of the application and is not 

otherwise listed pursuant to subparagraph 8 or 9 above, the 

criminal charge, the name and address of the court involved and the 

date and disposition; 

11. The name and address of any licensing or regulatory 

agency with which the person has filed an application for an 

occupational license or permit, whether or not such license or 

permit was granted; 

12. A photograph; 

13. Any other information the Agency or Council deems 

Northern Arapaho Gaming Code 

Page 13 
relevant; and 

14. Fingerprints certified as adequate by a professional law 

enforcement agency. The Agency shall initially arrange for the 

obtaining and processing of fingerprints through the Bureau of 

Indian Affairsf Police Department facilities at Ft. Washakie, 

Wyoming. 

SECTION 605. Rules regarding background investigations. 

1. Confidentiality of third party sources. The Tribe, the 

Agency, and all affiliated agents and employees shall keep 

confidential the identity of each person interviewed in the course 

of a background investigation. 

2. Retention of records. The Tribe shall retain applications 

for employment and reports (if any) of background investigations 

for at least 3 years from the late of the date made or date of 

termination of employment. Such records shall be made available on 

request of the Council or Commission. 

3. Content of investigation report. Background investigations must be of sufficient quality to enable the Agency to make a 

determination under section 604. All relevant information 

submitted by the applicant should be verified by written or oral 

communication and noted in the report. The investigation must 

include a thorough inquiry into the applicant's prior activities, 

criminal record, if any, and reputation, habits and associations. 

It must also include interviews with a sufficient number of 

knowledgeable people such as former employers, personal references, 

and others referred to in order to provide a basis for the Tribe to 

make a finding concerning the eligibility for employment in a 

gaming operation. The disposition of all potential problem areas 

noted and disqualifying information obtained must be thoroughly 

documented. An investigative report shall include: 

a. a statement of all steps taken in conducting the 

background investigation; 

b. a statement of the results obtained; 

C. a statement of the conclusions reached by the 

investigator; and 

U. the bases for those conclusions. 

SECTION 606. Eligibility determinations. 

a. The Agency shall carefully review a person's prior 

activities, criminal record, if any, and reputation, habits, and 

associations to make a finding concerning the eligibility of a key 

employee or a primary management official for involvement in a 

Northern Arapaho Gaming Code 

Page 14 
tribal gaming operation. If the Agency in the course of this 

review determines' that such involvement may pose a threat to the 

public interest or to the effective regulation of gaming, or might 

create or enhance the dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the conduct of gaming, no 

management contractor or tribal gaming operation shall employ that 

person in a key employee or primary management official position. 

b. The Tribe's gaming operation shall not employ in a 

key employee or primary management official position a person who 

has supplied materially false or misleading information or who has 

omitted material information required by law. 

SECTION 607. Reporting to the Commission. 

1. Notification regarding background investigations and 

eligibility determinations. The Agency shall forward to the 

Commission the following with respect to all persons investigated 

as candidates for primary management official or key employee: 

a. all application information described in section 602 

above ; 

b. the investigative report described in section 603; 

c. the Agency's eligibility determination described in 

section 604; and 

d. a notification of the Agency's hiring decision. 

2. Procedure following decision to hire key employee or 

primary management official. 

a. When a key employee or a primary management official 

begins work at a gaming operation, the Agency shall: 

(1) Forward to the Commission a completed 

application for employment that contains the notices and 

information listed in 25 CFR 556.2 (privacy notice), 556.3 

(notice regarding false statements), and 556.4 (background 

investigations); and 

(2) Conduct a background investigation under 25 CFR 

part 556, and sections 601 through 606 of this Code to determine 

the eligibility of the key employee or primary management official 

for continued employment in a gaming operation. 

b. Upon completion of a background investigation and a 

determination of eligibility for employment in a gaming operation 

under this Code, the Agency shall forward a report under 25 CFR S 

556.5 (b) and section 605.3 of this Code to the Commission within 60 

days after an employee begins work or within 60 days of the 

Northern Arapaho Gaming Code 

Page 15 
approval of this Code by the Chairman of the commission. A gaming 

operation regulated under this Code shall not employ a key employee 

or primary management official who does not have a license after 90 

days. 

c. ~uring a 30-day period beginning when the Commission 

receives a report submitted under subsection 607.2 (b) of this Code, 

the Chairman of the Commission may request additional information 

from the Tribe concerning a key employee or a primary management 

official who is the subject of such report. Such a request shall 

suspend the 30-day period until the Chairman receives the 

additional information. 

d. If, within the 30-day period described in the above 

subsection, the Commission notifies the Tribe that it has no 

objection to the issuance of a license pursuant to a license 

application filed by a key employee or a primary management 

official for whom the Tribe has provided the required application 

and investigative report to the Commission, the Agency may go 

forward and issue a license to such applicant. 

e. If, within the 30-day period described in subsection 

607.2(c) above, the Commission provides the Tribe with a statement 

itemizing objections to the issuance of a license to a key employee 

or to a primary management official for whom the Tribe has provided 

the required application and investigative report to the 

Commission, the Tribe shall reconsider the application, taking into 

account the objections itemized by the Commission. The Tribe shall 

make the final decision whether 'to issue a license to such 

applicant. 

f. If, after the issuance of a gaming license, the 

Commission notifies the Tribe that it has received reliable 

information indicating that a key employee or primary management 

official is ineligible for employment under applicable law, the 

Tribe shall suspend the license of such person and notify in 

writing the licensee of the suspension and the proposed revocation. 

The Tribe shall notify the licensee of the time and place for a 

hearing on the proposed revocation of a license. After a 

revocation hearing, the Tribe shall decide to revoke or to 

reinstate a gaming license. The Tribe shall notify the Commission 

of its decision. 

CHAPTER 7: LICENSES 

SECTION 701. Licenses. All gaming employees shall be required to 

obtain a tribal license as a gaming employee from the Agency, and 

for that purpose the Agency shall conduct or cause to be conducted 

background investigations of all such employees and shall deny or 

revoke such licenses for any employee whose prior activities, 

criminal record, if any, or reputation, habits, and associations 

pose a threat to the public interest or to the effective regulation 

Northern Arapaho Gaming Code 

Page 16 
of gaming, or create or enhance the dangers of unsuitable, unfair, 

or illegal practices and methods and activities in the conduct of 

gaming. 

SECTION 702. Background investigations. Before issuing a license 

to a gaming employee, the Agency shall forward the results of any 

background investigation to the Commission. 

SECTION 703. Licensing decision. If the Agencydetermines, on the 

basis of a background investigation and such other information as 

it may obtain, that the applicant is qualified for a gaming 

employee license, the Agency may, but shall not be required to 

issue such license. The Agency, at its sole discretion, may impose 

any qualifications to such license it deems appropriate, or may 

refuse to issue such license despite an applicant's qualifications. 

SECTION 704. Work permits. All persons who are not gaming 

employees but work at any facility where authorized gaming occurs 

or is supervised or administered, must obtain a non-gaming work 

permit. Such work permits shall be issued upon determining that 

the employee is not a threat to the effective regulation of gaming 

and creates no risk or enhances no danger of unfair or illegal 

practices, methods or activities in the conduct of gaming on the 

Reservation. All applicants for work permits shall provide the 

information required in any Compact. 

SECTION 705. Licensing of vendors, etc. Any person or entity 

proposing to sell, lease, or otherwise provide electronic games of 

chance, other gaming devices, or gaming services to the Tribe are 

required to obtain a license from the Tribe. The standards with 

respect to such licenses are the same as those applicable to gaming 

employees, except that if applicant is a corporation, trust, or 

partnership, applications must be made by any person or entity 

holding 10% or more of any beneficial or legal interest in such 

entity. 

CHAPTER 8: HEARINGS AND APPEALS 

SECTION 801. Licensing Decisions. Any person whose application 

for a gaming-related license is denied, or whose license has been 

suspended or revoked, may request a hearing before the Agency by 

written request submitted within 15 days following receipt of 

notice of the action of the Agency. The Agency shall hold a 

hearing within 30 days of the filing of the request. 

SECTION 802. Patron disputes regarding particular wagers. Any 

complaint by a patron regarding a particular wager must be brought 

to the attention of the gaming manager by the patron immediately, 

or such complaint is deemed waived. If the gaming manager cannot 

promptly resolve the dispute, the gaming manager shall take witness 

statements and reasonable steps to secure physical evidence, if 

any. The patron may request a hearing before the Agency by written 

Northern Arapaho Gaming Code 

Page 17 
request submitted within 72 hours from the events complained of, 

stating the relevant facts and circumstances in detail. The Agency 

shall hold a hearing within 30 days of the filing of the request. 

SECTION 803. Appeal to tribal court. Any rulings of the Agency 

under sections 801 or 802 above, or assessment by the Agency of a 

penalty under chapter 9, may be appealed within 15 days of the 

Agency's decision to Tribal Court, in an action naming the Agency 

as sole defendant. In any such action, the Tribal Court shall give 

appropriate deference to the expertise of the Agency. The 

sovereign immunity of the Agency is waived, only with respect to 

such action, but only if filing deadlines are strictly followed, 

and only to the extent of either an order affirming the Agency's 

decision, or: 

a. in a licensing dispute, to an order awarding or 

reinstating a license; 

b. in a patron dispute regarding a particular wager, to an 

order that a patron is entitled to a jackpot or payoff, 

or to return of the wagered amount; or 

c. regarding assessment of penalties, to an order reversing, 

abating, reducing, or enhancing a penalty assessed by the 

Agency. 

The Tribal Court may impose conditions on the above awards of 

relief. In no event may the Tribal Court assess pre-judgment 

interest, costs, back pay, attorneys fees, or other damages or 

relief against the Agency. All determinations of the Tribal Court 

under this section are final, and subject to no further appeal. 

SECTION 804. Confidential information. Where Agency action is 

based upon confidential information, which may not as a matter of 

law or policy be disclosed to the aggrieved person, such 

circumstances shall not be grounds for reversal of the Agency's 

decision, and the aggrieved person shall have no right to such 

confidential information in proceedings before either the Agency, 

Tribal Court, or any other forum. The public interest in the 

integrity of gaming is such that the burden of proof with respect 

to gaming issues, especially regarding fitness for licensing, shall 

be upon the individual. 

SECTION 805. Hearing procedures. The Agency, Council, or Tribal 

Court may adopt such additional procedures and rules for the 

conduct of hearings as either deems necessary or convenient so long 

as they are consistent with this Code and other provisions of 

applicable law. 

CHAPTER 9: PROHIBITED ACTS AND PENALTIES 

SECTION 901. Prohibited acts. It shall be a violation of this 

Northern Arapaho Gaming Code 

Page 18 
Code for any person within the Tribets jurisdiction to: 

1. Conduct or participate in any Class I1 or I11 gaming 

operation on the Reservation other than at gaming facilities 

licensed by the Northern Arapaho and/or Eastern Shoshone Tribe. 

2. Receive, distribute, apply, or divert any property, funds 

proceeds, or other assets of the gaming operation to the benefit of 

any person except as authorized by this Code, an approved Compact, 

or the Act. 

3. Tamper with any equipment used in the conduct of tribal 

gaming operations, or do any other act in connection with tribal 

gaming operations, with the intent to cause any person to win or 

lose any wager other than in accordance with the publicly announced 

rules of such gaming operation. 

4. Alter or misrepresent the outcome or other event on which 

wagers have been made after the outcome is made sure but before it 

is revealed to the players. 

5. Place, increase, or decrease a bet or to determine the 

course of play after acquiring knowledge not available to all 

players of the outcome of the game or any event that affects the 

outcome of the game or which is the subject of the bet, or to aid 

anyone in acquiring such knowledge. 

6. Claim, collect, or take, or attempt to claim, collect or 

take, money or anything of value in or from a gaming device, 

machine, or dispenser with intent to defraud, without having made 

a wager, or to claim, collect, or take an amount greater than the 

amount won. 

7. Place, increase, or reduce a bet after acquiring knowledge 

of the outcome of the game or other event which is the subject of 

the bet, including past-posting, pressing, and pinching bets. 

8. Manipulate, with the intent to cheat, any component of an 

electronic gaming device, machine, or dispenser in a manner 

contrary to the designed and normal operational purpose for the 

component. 

9. Use other than coins or tokens approved by the Agency or 

other lawful legal tender, or use a coin not of the same 

denomination as the coin is intended to be used in the gaming 

device. 

10. Possess or use any device or means to cheat while at the 

gaming facility. 

11. Behave in athreatening, disorderly, or disruptive manner 

or disturb the peace at any tribal gaming facility. 

Northern Arapaho Gaming Code 

Page 19 
12. Engage in class I1 or I11 gaming if under the age of 21, 

or assist, permit, or facilitate gaming by such person. 

SECTION 902. Penalties. Any person within the jurisdiction of the 

Tribe, who violates any provision of this Code, including the 

provisions of any Compact, shall be subject to civil penalties 

including exclusion from employment or other involvement with any 

tribal gaming operation, denial or revocation of a tribal gaming 

license, exclusion from attendance at any tribal gaming facility, 

exclusion from the Reservation if a non-member of the Tribe, or, 

with respect to any person subject to the criminal jurisdiction of 

the Tribe, a fine of not more than $5,000 for each such violation. 

The Agency established pursuant to this Code shall have the 

jurisdiction to impose any such penalties on any person within the 

jurisdiction of the Tribe to impose such penalties, except with 

respect to exclusion from the Reservation, which the Agency may 

recommend for action by the Joint Business Council. 

CERTIFICATION 

The foregoing Northern Arapaho Gaming Code was duly adopted at 

a meeting of the ~usiness Council held on this 26th day of 

October , 1995, at which four (4) members were present 

constituting the required quorum, by a vote of four (4)FOR, zero (0) 

AGAINST, zero (0)ABSTAINING. n k' /I/ 

- - 

~(chard ~ranhan, . Chairman 

Northern Arapaho Business Council 

Attest: 

J&n Oldman, Secretary 

Northern ~ra~aho ~usiness Council 

Northern Arapaho Gaming Code 

Page 20 
Thank you for submitting the code of the Northern Arapaho 

Tribe for review and approval. The NIGC staff and I look forward 

to working with you and the Tribe in implementing the IGRA. 

Sincerely yours, 

dA old A. Monteau e 

cc: Andrew Baldwin, Esq. 

Chairman