(i)

(ii)

Complete a new application form that contains a notice
regarding false statements; or

Sign a statement that contains the notice regarding false
statements

(c) Background Investigations

(1) | The Tribe shall request from each primary management official and
from each key employee all of the following information:

(i)

(ii)

(iii)

(iv)
()

(vi)

(vii)

(viii)

(ix)

Full name, other names used (oral and written), social security
number(s), birth date, place of birth, citizen ship, gender, all
languages (spoken or written);

Currently and for the previous five years: business and
employment positions held, ownership interests in those
businesses, business and residence addresses, and driver's license
numbers;

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 Paragraph (i)(2) of this section;

Current business and residence telephone numbers;

A description of any existing and previous business relationships
with Indian tribes, including ownership interests in those busi-
nesses;

A description of any existing and previous business relationships
with the gaming industry generally, including ownership interests
in those businesses;

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;

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;

For each misdemeanor conviction or ongoing misdemeanor
prosection (excluding minor traffic violations), within ten years

9 Amended: April 20, 1995


SECTION 1.
SECTION 2.
SECTION 3.
SECTION 4.
SECTION 5.
SECTION 6.
SECTION 7.
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 12.
SECTION 13.
SECTION 14.
SECTION 15.
SECTION 16.
SECTION 17.
SECTION 18.
SECTION 19.
SECTION 20.
SECTION 21.
SECTION 22.
SECTION 23.
SECTION 24.
SECTION 25.

IOWA TRIBE OF OKLAHOMA

TRIBAL GAMING ORDINANCE
AMENDED
April 20, 1995

TABLE OF CONTENTS

Gaming Operations ...................000005 4
Management of Gaming Operations ............. 4
License for Location 4
Qualifications .................000.. sean 4
Duties of Director of Gaming 5
Duties of Licensed Agent ..................00. 5)
Conduct of Gaming Operations................. 5
i ee re ee 6
Licenses for Key Employees ............00 00008 7
Records ......... 0.00. cece cece eee eas I3
Gaming Account ................000cceeeeeue 13
Supplies and Equipment ...................... 13
Location and Schedule of Gaming............... 13
Discrimination .................00005 13
Reports of Winners ................... 13
Criminal Penalties ....................000008 14
Serves Of PROCS ooo ie yee ewe E WES dw ew ewe 14
Amendment ......... 00... cece cece eee eeeee 14
Effective Date... 0.0.0.0... 00.000. c cece eee 14

PROCEDURES FOR BACKGROUND INVESTIGATIONS OF
KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS

RESOLUTION I-95-36


SECTION 16. Records

The Director of Gaming and/or the Business Agent shall keep and maintain records
concerning all gaming operations. These records shall be audited annually and the audit
reports shall be open for inspection by any Tribal member at the office of the Tribal
Administrator.

SECTION 17. Gaming Account

By Ordinance, the Business Committee shall designate one banking account as the
Tribal "Gaming Account". The account shall be maintained in a financial institution
designated by the Business Committee. The Gaming Account shall be part of the Annual
Audit. Gross revenues derived from the conduct of Tribal gaming operations, excluding any
cash payouts made during a Gaming Session, shall be deposited daily in the Tribal Gaming
Account. No other monies shall be commingled with the Tribal Gaming Account. Net
revenues are to be transferred monthly to the Tribes General Fund account to be disbursed
solely as authorized by Business Committee appropriation.

SECTION 18. Supplies and Equipment

All expenses of the gaming operation must be approved by the Tribal Administrator.
Provided further that all contracts for purchases of supplies, concession or services
(excluding contracts for professional, legal or accounting services) in excess of $5,000 must
receive prior approval of the Business Committee. All purchases of equipment, materials,
concessions and food or any other item paid from the Gaming Account shall be the property
of the Tribe.

SECTION 19. Location and Schedule of Gaming

All gaming sessions authorized herein shall be conducted at a place within Tribal
Indian Country and on such days and times as may be approved by the Business Committee.
The location and time for conducting Class III Gaming shall be consistent with any Tribal-
State Compact.

SECTION 20. Discrimination

The Business Committee, the Director of Gaming, or the Licensed Agent may bar
any person from admittance to any Tribal gaming facility for any or no reason whatsoever.
However, no person shall be discriminated against because of his race, color, creed, sex or
natural origin.

SECTION 21. Report of Winners

No prize shall be awarded unless the winner has fairly won without any collusion with
the Director of Gaming or the Licensed Agent or any of his employees or agents of the

13 Amended: April 20, 1995


(f) Meet any other applicable qualifications as prescribed in the Indian Gaming
Regulatory Act.

SECTION 11. Duties of Director of Gaming

The duties of the Director of Gaming are to:

(a) Manage and conduct all forms of gaming and concessions of the Tribal gaming
operation allowed under this ordinance.

(b) Timely submit all reports required by the Business Committee and any
applicable law.

(c) Account for all monies and properties entrusted to him.

(d) Perform any other duties established by the Business Committee.

SECTION 12. Duties of Licensed Agent

The duties of the Licensed Agent are to:

(a) | Manage and conduct all forms of gaming and/or concessions of the Tribal
gaming operation allowed under the contract with the Tribe.

(b) Provide for accounting procedures approved by the Tribe and provide
verifiable financial reports to the Business Committee on a monthly basis.

(c) Allow Tribal officials designated under the contract access to the daily gaming
operation to verify the daily gross revenues and the income from the gaming activity.

(d) Perform any other duties established under the contract.

SECTION 13. Conduct of Gaming Operations

The Director of Gaming and/or the Licensed Agent shall conduct the gaming
operation consistent with the following:

(a) The rules of play and operation of the game shall be prescribed and approved
by the Business Committee.

(b) Each and every player has a fair and equal opportunity to win.

(c) | The method of winning and the prize or prizes for each game should be clearly
outlined before each game.

5 Amended: April 20, 1995


(h) "Gaming employee" means "gaming employee(s)" of the Enterprise and shall
include primary management officials and key employees of the enterprise as defined in the
Act.

(i) "Gaming facilities" means any room or rooms in which Class II gaming or
Class III gaming is conducted within Iowa Tribe of Oklahoma jurisdiction.

Gj) "Jurisdiction" means those areas over which the Iowa Tribe has jurisdiction,
including all tribal lands, dependent Indian communities and trust allotments, as defined in
18 U.S.C.A. § 1161.

(k) "National Indian Gaming Commission" means the National Indian Gaming
Commission established pursuant to 25 U.S.C. § 2704.

() "Net revenues" means gross revenues of a Class II Gaming or of a Class III
gaming activity less amounts paid out as, or paid for, prizes and total operating expenses
including debt service but excluding management fees paid to a management contractor
within the meaning of 25 U.S.C. § 2711 (C).

(m) "Ordinance" means this Iowa Tribe of Oklahoma Tribal Gaming Ordinance.

(n) _ "State" means any State wherein the Iowa Tribe of Oklahoma conducts Class
II or Class II gaming.

(0) | "State gaming agency" means any such agency as the State may establish to
carry out any regulatory responsibilities under a compact with the Iowa Tribe of Oklahoma.

(p) "Tribe" means the Iowa Tribe of Oklahoma.

SECTION 4. Adoption of Compact

Any Compact entered into between the Tribe and a State which is subsequently
approved by the Secretary of the Interior and published in the Federal Register is hereby
incorporated within and enacted as an integral part of this ordinance with respect to all
forms of Class III gaming; provided, however, that nothing in the adoption of the Compact
herein shall be deemed to affect the operation of the Tribe of any Class II gaming, whether
conducted within or without the gaming facilities, or to confer upon the State any
jurisdiction over such Class II gaming conducted by the Tribe within its jurisdiction.

SECTION 5. Authorization for Gaming Activities
(a) Forms of Class III gaming authorized. The Tribe may conduct or operate all

forms of Class III gaming authorized under any Compact.

(b) Authority for Class gaming. In addition to the forms of Class III gaming
authorized under any compact, the Tribe shall be authorized to conduct all forms of Class

2 ‘Amended: April 20, 1995


IOWA TRIBE OF OKLAHOMA
TRIBAL GAMING ORDINANCE ‘Amended: April 20, 1995

SECTION 1. Citation

This Ordinance shall be known and may be cited as the "Iowa Tribal Gaming
Ordinance" and shall apply to all forms of gaming conducted within the jurisdiction of the
Towa Tribe of Oklahoma.

SECTION 2. Purposes

The purposes of this Ordinance are to promote the public order, peace, safety and
welfare of all persons coming within the jurisdiction of the Iowa Tribe of Oklahoma, to
provide a safe and wholesome means of recreational activity in a community setting, and to
provide a source of revenue for the operation of the programs and departments of the Tribal
government by ensuring that any gaming activity conducted, whether Class I, II, or III is fair,
responsible, and consistent with applicable federal law including the regulations and
guidelines established by Public Law 100-497, known as "The Indian Gaming Regulatory
Act," and/or any Tribal State Compact to which the tribe is a party. This Ordinance shall be
liberally construed to promote these purposes.

SECTION 3. Definitions
For purposes of this Ordinance:

(a) "Act" means the Indian Gaming Regulatory Act, Pub.L. 100-497, 25 U.S.C. §
2701 et seq.

(b) "Business Committee" means the Iowa Tribe of Oklahoma Business
Committee.

(c) "Chairman" means the Chairman of the Iowa Tribe of Oklahoma Business
Committee.

(d) "Class II gaming" means Class II gaming as defined in accordance with the
Act, 25 U.S.C. § 2703 (7) (A).

(e) "Class III gaming" means Class III gaming as defined in accordance with the
Act, 25 U.S.C. § 2703 (8).

(f) | "Compact" means a compact entered into by the Iowa Tribe of Oklahoma and
any state which regulates Class III gaming.

(g) | "Enterprise" means the gaming operation established by the Tribe to conduct
all gaming operations of the Tribe.


gaming operation. A receipt acknowledging acceptance and receipt of the prize awarded
must be signed by any winner regardless of the amount. The Director of Gaming or the
Licensed Agent has the authority to hold the payment of any winnings indefinitely until the
final verification of authentic winning has been determined whether by inquiry or electronic
means of validation upon the approval of the Tribal Administrator or Business Committee.
The Director of Gaming or his designee shall make accurate and timely reports to the
Internal Revenue Service of any winners at any gaming facility whose prize winnings exceed
the minimum limits set by the Internal Revenue Service. In which case, acceptable proof of
winners name, address and social security number must be presented to the Director of
Gaming or the Licensed Agent or their designee in order to be paid prizes.

SECTION 22. Criminal Penalties

Any person or firm violating the provisions of this chapter shall be guilty of an
offense and shall, upon conviction thereof, be punished as provided by law. Upon conviction,
a person may be punished by confinement for a period of not less than ten (10) days and
no more than six (6) months or by a fine of not less than $500 and no more than $5,000, or
by both such fine and imprisonment.

SECTION 23. Service of Process

All notices or process made pursuant to this ordinance may be made by directing said notice
to:

Chairman

Iowa Tribe of Oklahoma

Perkins, Oklahoma
SECTION 24. Amendment

This Ordinance is amended by the Business Committee under the authority granted
it under Section 6 of the Iowa Ordinance No. 93-03.

SECTION 25. Effective Date
This Ordinance, as amended by the Business Committee of the Iowa Tribe of

Oklahoma by Resolution I-95-36, according to Section 6 of this Ordinance, shall become
effective on the date of approval.

14 Amended: April 20, 1995


Enterprise. No individual or entity with which the tribe enters into a management agreement
shall be considered a gaming employee for purposes of this section.

(e) Public Safety Standards. In compliance with 25 U.S.C. § 2710(b)(d2)(E), the
construction and maintenance of any gaming facilities, and the operation of gaming
activities, shall be conducted in a manner which adequately protects the environment and
the public health and safety and for that purpose shall comply with the requirements of the
Compact and all other applicable health, safety and environmental standards enacted by the
Tribe.

SECTION 7. Gaming Operations

The Tribe shall have sole proprietary interest in and be responsible for the conduct
of all gaming operations. The Business Committee shall administer the Tribal gaming

operations. The Business Committee shall have the authority to amend this ordinance as ne-
cessary. The Chairman of the Business Committee or his designee shall be the liaison
between the Business Committee and the Director of Gaming or a Licensed Agent.

SECTION 8. Management of Gaming Operations

All gaming operations shall be administered either by the Director of Gaming or a
Licensed Agent.

SECTION 9. License for Location

No Class II or Class III gaming shall be allowed at any location unless a separate
license is issued by the Business Committee for such site.

SECTION 10. Qualifications
The Director of Gaming or Licensed Agent and its "Key" employees must:

(a) Never have been convicted of a felony, gaming offense or crime involving
dishonesty or moral turpitude.

(b) Not have been convicted of any offense except traffic violations within two
years from the date of employment.

(c) Not be a member of the Business Committee or related to any member of the
Business Committee, as provided by tribal and federal laws or regulations.

(d) Not have had his surety bond forfeited or been criminally convicted of or
found civilly liable for any breach of fiduciary duty to the Tribe or have been impeached or
removed from Tribal office.

(e) Be bondable in the necessary amounts.

4 ‘Amended: April 20, 1995


Z,
2 y
x *
5 o
o
NOV 6 2002 i és
G ComN

Honorable Lawrence Murray
Chairman, Iowa Tribe of Oklahoma
RR. 1, Box 721

Perkins, Oklahoma 74059

RE: Amendments to the Gaming Ordinance of the Iowa Tribe of Oklahoma

Dear Chairman Murray:

On September 13, 2002, you submitted three (3) gaming ordinance amendments, Resolutions
1-95-16, 1-95-36 and I-95-57, to the National Indian Gaming Commission (NIGC) for our review
and approval. Your tribal council approved these amendments on January 24, 1994, April 20,
1995, and August 4, 1995, respectfully. These amendments were not submitted to the NIGC for
approval until this time. The Resolutions amend Iowa Tribe of Oklahoma (Tribe) tribal gaming
ordinance No. 93-3 dated June 5, 1993. After a review of our records, we have determined that
the amendments you submitted on September 13, 2002, are not amendments to a tribal gaming
ordinance that is in effect. The effective gaming ordinance of the Tribe is No. 95-04, approved
by the NIGC Chairman on December 18, 1995. Thus, approval of Resolutions I-95-16, 1-95-36
and I-95-57 is not necessary at this time.

We note that the Tribe submitted an amended gaming ordinance on January 15, 2002. The
NIGC Chairman disapproved this ordinance by letter dated February 20, 2002, for its failure to
include dispute resolution procedures. In that letter we noted that the NIGC previously approved
the Tribe’s gaming ordinance (No. 95-04), despite its failure to include dispute resolution
procedures. We stated that this was an oversight on our part. In any event, we encourage the
Tribe to amend its current, effective ordinance to include dispute resolution procedures and to
resubmit that ordinance for approval.

For future reference, 25 C.F.R. § 522.3, requires that a tribe submit its amendments to an
ordinance or resolution within 15 days after adoption by the appropriate tribal authority.

Thank you for your attention to this matter. If you should have any questions, please call
Ms. Frances Fragua at (202) 632-7003.

Sincerely yours,

Penny Coleman
Deputy General Counsel

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.Gov

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


(f) _ When licenses are issued, the Director of Gaming or the Licensed Agent will
promptly notify the Commission as required by the Business Committee as prescribed in the
Indian Gaming Regulatory Act or any Tribal/State Compact for Class III Gaming.

(g) The Director of Gaming or the Licensed Agency shall employ qualified Tribal
members in preference to other equally-qualified applicants for work, but shall not be
required to employ or retain in employment unqualified Tribal members.

SECTION 15. Licenses for Key Employees

The Business Committee shall ensure that the policies and procedures set out in this
section are implemented with respect to key employees and primary management officials
employed at any Class II or Class III gaming enterprise operated on Indian lands:

(a) Definitions. For the purposes of this section, the following definitions apply:

(1) Key employee means those key employees as defined in any statute or
regulation and at a minimum include:

(i) A person who performs one or more of the following functions:
(1) Bingo caller; (2) Counting room supervisor; (3) Chief of
Security; (4) Custodian of gaming supplies or cash; (5) Floor
manager; (6) Pit boss; (7) Dealer; (8) Croupier; (9) Approver
of credit; or (10) Custodian of gambling devices including
persons with access to cash and accounting within such devices.

(ii) If not otherwise included, any other person whose total cash
compensation is in excess of $50,000 per year; or

(iii) If not otherwise included, the four most highly-compensated
persons in the gaming operation.

(2) Primary management official means:

(i) The person having management responsibility for a
management contract;

(ii) Any person who has authority to hire and fire employees or to
set up working policy for the gaming operation; or

(iii) The chief financial officer or other person who has financial
management responsibility.

(b) Application Forms

7 Amended: April 20, 1995


(d) The winner or winners of each game shall be verified in a manner that all
present may witness.

(e) No person who is conducting or assisting in the gaming operation shall
participate directly or indirectly in the play of that game.

(f) No person under the age of sixteen (16) years of age shall be permitted to play
for any reason.

(g) He shall make sole and final determination as to the validity of a winner or
winners at the conclusion of that game at which they were a winner.

(h) No alcoholic beverages or drugs of any kind shall be permitted in the facility
during the time that the facility is being used for the gaming operation, unless the Business
Committee has issued an Alcoholic Beverage license for on-site consumption.

(i) No person under the influence of intoxicants, drugs, or in any violation of
Tribal law or ordinance shall be permitted to engage in any form of gaming nor to remain
in the building when gaming is being conducted.

(j) Trash should be separated to facilitate recycling and efforts should be made
to protect the environment.

SECTION 14. Employees

(a) All persons employed in the gaming operation shall be licensed by the Director
of Gaming or the Licensed Agent as prescribed by the Indian Gaming Regulatory Act or
any Tribal-State Compact for Class III Gaming.

(b) _ Each employee will wear their license in a visible manner when operating or
assisting in the operation of a gaming facility.

(c) No person shall be employed whose prior activities, criminal record, if any, or
reputation, habits and associations pose a threat to the public interest or to the effective
regulation of gaming, or create or enhance the dangers of unsuitable, unfair or illegal
practices and methods and activities in the conduct of gaming.

(d) As necessary, the Business Committee may require the Director of Gaming
or the Licensed Agent or any other "Key" employee to be bonded in an amount not less
than $50,000 payable to the tribe.

(ce) Background investigations will be conducted on the primary management

officials and key employees and the results forwarded to the Commission prior to issuance
of licenses.

6 Amended: April 20, 1995


II gaming within Tribal jurisdiction, including without limitation any form of bingo (whether
or not electronic, computer, or other technologic aids are used in connection therewith),
pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo so
long as played at the same location as bingo.

SECTION 6. Compliance with the Act

This Ordinance shall be construed in a manner which conforms to the Act in all
respects, and if inconsistent with the Act in any manner, the provisions of the Act shall
govern.

(a) _Limitation_on_gaming operations. In compliance with 25 U.S.C. §
2710(b)(2)(A), the Tribe shall have the sole proprietary interest and responsibility for the
conduct of any gaming activity within its jurisdiction; provided, however, that nothing herein
shall interfere with the exercise by any secured party of its rights under any collateral lease,
leasehold mortgage or other financing agreement with the Tribe to enforce its security
interests in the premises on which such gaming activities may be conducted, or to enforce
its rights against gross revenue of the Tribe from its gaming activities for the purpose of
repayment of the debt obligations of the Tribe to such secured party in accordance with the
provisions of such agreements.

(b) Application of net revenues. In compliance with 25 U.S.C. § 2710(b)(2)(B),
net revenues from any gaming activity are not to be used for purposes other than:

(1) to fund Tribal government operations or programs;

(2) _ to provide for the general welfare of the Tribe and its members;
(3) to promote Tribal economic development

(4) to donate to charitable organizations;

(5) to help fund operations of local Government Agencies, or

(6) any other purpose permitted under the Act.

(c) Annual Audit. In compliance with a U.S.C. § 2710 (b) (2) (c) and (d), all
gaming activities shall be subject to an audit by independent certified public accountants, not
less than annually, and copies of the annual audit shall be provided to the National Indian
Gaming Commission. All contracts for supplies, services, or concessions for a contract

amount in excess of $25,000 annually (except contracts for professional legal or accounting
services) relating to Class II or Class III gaming shall be subject to such audits.

(d) Limitations on Salary or Other Payments. In no event shall any commission,

salary, compensation, reward or recompense paid to any gaming employee, either directly
or indirectly, be based upon a percentage of receipts accruing by virtue of the Iowa

3 Amended: April 20, 1995


IOWA TRIBE

OF
OKLAHOMA

IOWA
TRIBAL

GAMING
ORDINANCE

AMENDED

| APRIL 20, 1995



@&)

(xi)

(xii)
(xiii)

(xiv)

(xv)

of the date of the application, the name and address of the
court involved and the date and disposition;

For each criminal charge (excluding minor traffic charges),
whether or not there is a conviction, if such criminal charge is
within ten years of the date of the application and is not
otherwise listed pursuant to Paragraph (i)(8) or (i)(9) of this
section, the criminal charge, the name and address of the court
involved and the date and disposition;

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;

A current photograph;
Any other information the Tribe deems relevant; and

Fingerprints consistent with procedures adopted by the Tribe
according to 25 C.F.R. § 522.2(h); by engaging either a city,
county or a State or Federal Tribal law enforcement agency to
take fingerprints.

The Tribe shall conduct an investigation sufficient to make a
determination under Subsection (d) below. In conducting a
background investigation, the Tribe or its agent shall promise to
keep confidential the identity of each person interviewed in the
course of the investigation.

(d) Eligibility Determination. The Tribe shall 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 primary management official for employment in a gaming
operation. If the Tribe determines that employment of the person poses a threat to the
public interest or to the effective regulation of gaming, or creates or enhances dangers of
unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming,
a tribal gaming operation shall not employ that person.

(e) Procedures for Forwarding Applications and Reports for Key Employees and
Primary Management Officials to the National Indian Gaming Commission.

()

When a key employee or primary management official begins work at
a gaming operation authorized by this ordinance, the Tribe shall
forward to the National Indian Gaming Commission a completed
application for employment and conduct the background investigation

10 Amended: April 20, 1995


(g)

(h)

Granting a Gaming License.

(1)

(2)

(3)

If, within a thirty (30) day period after the National Indian Gaming
Commission receives a report, the National Indian Gaming
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 an
application and investigative report to the National Indian Gaming
Commission, the Tribe may issue a license to such applicant.

The Tribe shall respond to a request for additional information from
the Chairman of the National Indian Gaming Commission concerning
a key employee or a primary management official who is the subject of
a report. Such a request shall suspend the 30-day period under
Paragraph (g)(1) of this section until the Chairman of the National
Indian Gaming Commission receives the additional information.

If, within the thirty (30) day period described above, the National
Indian Gaming 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 an
application and investigative report to the National Indian Gaming
Commission, the Tribe shall reconsider the application, taking into
account the objections itemized by the National Indian Gaming
Commission. The Tribe shall make the final decision whether to issue
a license to such applicant.

License Suspension.

a

(2)

(3)

If, after the issuance of a gaming license, the Tribe receives from the
National Indian Gaming Commission reliable information indicating
that a key employee or a primary management official is not eligible
for employment under Subsection (d) above, the Tribe shall suspend
such license and shall notify in writing the licensee of the suspension
and the proposed revocation.

The Tribe shall notify the licensee of a time and a 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 National Indian
Gaming Commission of its decision.

12 Amended: April 20, 1995


RESOLUTION I-95-57
August 4, 1995
Page 2

FURTHER, BE IT RESOLVED; that Section 15 (c) (xiv) of the ordinance has been
amended to state the following: Fingerprints consistent with procedures
adopted by the Tribe according to 25 C.F.R. § 522.2 (h); by engaging either
a city, county or a State or Federal Tribal law enforcement agency to take
fingerprints.

CERTIFICATION

We, Lawrence Murray, Chairman of the Iowa Tribe of Oklahoma and Phoebe. O'Dell,
Secretary, do hereby certify that the above Resolution I-95-57 to be a true and exact copy
as approved at the Special Business Committee Meeting of the Iowa Tribe of Oklahoma
held on August 4, 1995, by a vote of 3 yeas, 0 nays, and 0 abstention(s).

Yooh DL.

Phoebe O'Dell, Secretary wrence Murry, irmAn
Iowa Tribe of Oklahoma Iowa Tribe of Oklah¥ma



lowa Tribe of Oklahoma

R.R. 1, Box 721
Perkins, Oklahoma 74059
(405) 547-2402

A RESOLUTION AMENDING THE IOWA TRIBAL GAMING ORDINANCE

WHEREAS;

WHEREAS;

WHEREAS;

WHEREAS;

WHEREAS;

WHEREAS;

WHEREAS;

The Iowa Tribe of Oklahoma is a federally recognized Indian Tribe, pursuant
to the Thomas-Rogers Oklahoma Indian Welfare Act and has a Constitution
approved by the Secretary of the Interior; and,

the Business Committee has the power to transact business and otherwise
speak or act on behalf of the Tribe in all matters on which the Tribe is
empowered to act pursuant to Article V, Section 2 of the Tribal Constitution;
and,

the General Council of the Iowa Tribe of Oklahoma approved adopting
Ordinance No. 93-03, the Iowa Tribal Gaming Ordinance on June 5, 1993, by
at a duly-called meeting of the Council; and,

the Iowa Tribal Gaming Ordinance was submitted to the National Indian
Gaming Commission for approval consistent with the Indian Gaming

_ Regulatory Act; and,

the National Indian Gaming Commission reviewed the Iowa Tribal Gaming
Ordinance and determined that the ordinance did not comply with all
regulations subsequently published by the Commission; and,

Section 6 of the Iowa Tribal Gaming Ordinance granted the Business
Committee the authority to amend the gaming ordinance as necessary; and,

it is necessary for the Iowa Tribal Gaming Ordinance to be amended to
address the deficiencies disclosed by the Commission so that the Iowa tribal
gaming operation may operate lawfully under the Indian Gaming Regulatory
Act; and,

NOW, THEREFORE, BE IT RESOLVED; that the Business Committee of the Iowa Tribe

of Oklahoma hereby amends the Iowa Tribal Gaming Ordinance, as attached
hereto, and said ordinance is made a part of this resolution.


(1) _ The following notice shall be placed on the application form for a key
employee or a primary management official before that form is filled
out by an applicant:

In compliance with the Privacy Act of 1974, the following information is
provided: Solicitation of the information on this form is authorized by 25
US.C.A. § 2701 et seq. The purpose of the requested information is to
determine the eligibility of individuals to be employed in a gaming operation.
The information will be used by National Indian Gaming Commission
members and staff who have need for the information in the performance of
their official duties. The information may be disclosed to appropriate Federal,
State, local or foreign law enforcement and regulatory agencies when relevant
to civil, criminal or regulatory investigations or prosecutions or when pursuant
to a requirement by a tribe or the National Indian Gaming Commission in
connection with the hiring or firing of an employee, the issuance or revocation
of a gaming license, or investigations of activities while associated with a tribe
or a gaming operation. Failure to consent to the disclosures indicated in this
notice will result in a tribe's being unable to hire you in a primary
management official or key employee position.

The disclosure of your Social Security Number (SSN) is voluntary. However,
failure to supply a SSN may result in errors in processing your application.

(2) _ Existing key employees and primary management officials shall be
notified in writing that they shall either:

(i) Complete a new application form that contains a Privacy Act
notice; or

(ii) Sign a statement that contains the Privacy Act notice and
consent to the routine uses described in that notice.

(3) The following notice shall be placed on the application form for a key
employee or a primary official before that form is filled out by an

applicant:

A false statement on any part of your application may
be grounds for not hiring you, or for firing you after

you begin work. Also, you may be punished by fine or

imprisonment.
(U.S. Code, Title 18, Section 1001).

(4) | The Tribe shall notify in writing existing key employees and primary
management officials that they shall either:

8 Amended: April 20, 1995


(f)

2)

(3)

and make the determination referred to in Subsection (d) of this
section.

The Tribe shall forward the report referred to in Subsection (£) of this
section to the National Indian Gaming Commission within 60 days
after an employee begins work or within 60 days of the approval of this
ordinance by the Chairman of the National Indian Gaming
Commission.

The gaming operation shall not employ as a key employee or primary
management official a person who does not have a license after 90
days.

Report to the National Indian Gaming Commission.

(ay

(2)

(3)

(4)

Pursuant to the procedures set out in Subsection (e) of this section, the
Tribe shall prepare and forward to the National Indian Gaming
Commission an investigative report on each background investigation.
An investigative report shall include all of the following:

(i) Steps taken in conducting a background investigation;
(ii) Results obtained;

(iii) | Conclusions reached; and

(iv) | The basis for those conclusions.

The Tribe shall submit, with the report, a copy of the eligibility
determination made under Subsection (d) of this section.

If a license is not issued to an applicant, the Tribe:
(i) Shall notify the National Indian Gaming Commission; and

Gi) | May forward copies of its eligibility determination and
investigative report (if any) to the National Indian Gaming
Commission for the inclusion in the Indian Gaming Individuals
Records System.

With respect to key employees and primary management officials, the
Tribe shall retain applications for employment and reports (if any) of
background investigations for inspection by the Chairman of the
National Indian Gaming Commission or his or her designee for no less
than three (3) years from the date of termination of employment.

ll ‘Amended: April 20, 1995