Ernest L. Stensgar 

Chairman 

Coeur D'Alene Tribe 

Rt. 1, Box 11FA 

Plummer, ID 83851 

JAN 1 3 1997 

Dear Chairman Stensgar: 

This letter responds to your request to review and approve 

the amendment to the tribal gaming ordinance of the Coeur DIAlene 

Tribe (Tribe). The amendment to the ordinance was adopted by the 

Tribe by Resolution No. 297(96) on September 19, 1996. Net 

revenue allocation plans must be submitted to the Secretary of 

the Interior for approval under 25 U.S.C; S 2710(b)(3)(B). The 

NIGC must review the purposes that net revenues will be used for 

to determine compliance with 25 U.S.C. S 2710(b)(2)(B) and 25 

C.F.R. S 522.4(b)(2). This letter constitutes approval of such 

provisions 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 

amendments to ordinances with respect to the requirements of the 

IGRA and the implementing regulations. Thus, the scope of the 

Chairmanls review and approval is limited to the requirements of 

the IGRA and the NIGC regulations. Under the IGRA, 25 U.S.C § 

2710(b)(3)(B), a plan to allocate revenues must be approved by 

the Secretary of the Interior as adequate. This net revenue 

allocation plan, therefore, must be submitted to the Secretary 

for approval. 

Thank you for submitting the amendment to the tribal gaming 

ordinance of the Coeur DIAlene Tribe. The NIGC staff and I 

continue to look forward to working with you and the Tribe in 

implementing the IGRA. 

Sincerely yoyrs, 

cc: Tara Allgood, Esq. 

Givens, Funke & Work 

1441 L STREET, N.W. QTH FLOOR WASHINGTON, D.C. 20005 EL.: 202-632-7003 FAX: 202-632-7066 
REVENUE ALLOCATION PLAN CDA RESOLUTION Jy? (96) 

WHEREAS, The Coeur d'Alene Tribal Council has been empowered to act for and on behalf 

of the Coeur d'Alene Tribe pursuant to the Revised Constitution and By-Laws, adopted by the 

Coeur d'Alene Tribe by referendum November 10, 1984, and approved by the Secretary of 

the Interior, Bureau of Indian Affairs, December 21, 1984; and 

WHEREAS, the Coeur d'Alene Tribal Council intends to distribute net gaming revenues in 

compliance with 25 U.S.C. 3 2710 et seq.; and 

WHEREAS, net gaming revenues are to be used only for purposes of funding tribal 

government operations or programs, providing for the general welfare of the Tribe and its 

members, promoting tribal economic development, donating to charitable organizations or 

helping hnd operations of local government agencies in accordance with 25 U.S.C. 5 2710 

(b)(2)(B); and 

WHEREAS, the interests of minors and other legally incompetent persons are protected and 

preserved by the amendments to Chapter 30 in accordance with 25 U.S.C. 3 2710(b)(3)(C); 

and 

WHEREAS, Chapter 30 of the Coeur d'Alene Tribal Code, titled Coeur d'Alene Tribal 

Charitable Gaming Code, provides the Revenue Allocation Plan for distribution of net gaming 

revenue; and 

WHEREAS, the Tribal Council has determined the percentages of net gaming revenue to be 

allocated and such percentages are outlined in the attached amendments to Chapter 30. 

NOW THEREFORE, BE IT RESOLVED, that the Coeur d'Alene Tribal Council hereby 

adopts amendments to Chapter 30, the Coeur d'Alene Tribal Charitable Gaming Code; and 

BE IT FURTHER RESOLVED, that the Coeur d'Alene Tribal Council hereby adopts 

Chapter 30 the Coeur d'Alene Tribal Charitable Gaming Code as the Revenue Allocation Plan 

required under 25 U.S.C. 27 10. 
REVENUE ALLOCATION PLAN CDA RESOLUTION dP7 (96) 

Page 2 

The foregoing resolution was adopted at a meeting of the Coeur d'Alene Tribal Council held 

. Garry Administrative Building, Tribal Headquarters, near Plurnrner, Idaho, 

9, 1996, with the required quorum present by a vote of 3 FOR, GL 

g2 Abstaining. /& L/7C 

ERNEST L. STENSGAR, CHAIRMAN OW J. PI%^, SEC~TARY 

COEUR D'ALENE TRJBAL COUNCIL COEUR D'ALENE TRIBAL COUNCIL 
CHAPTER 30 

COEUR D'ALENE TRIBAL CHARITABLE GAMING CODE 

This Chapter shall be known as the Coeur dlAlene Tribal Charitable 

Gaming Code. 

30-2.01 Pur~ose And Intent 

The purpose and intent of this Chapter is to provide a comprehensive 

scheme of regulations of Tribal or Indian owned gaming on the Coeur dlAlene lndian 

Reservation. This Chapter does not apply to traditional forms of lndian gaming 

regulated under Chapter 27 or to non-Indian gaming operations. Specifically, the 

purpose and intents of this Chapter are to: 

A) Fund charitable activities of the Coeur d1Alene Tribe including 

education of Coeur dlAlene Tribal children, Coeur d'Alene Tribal senior citizen 

activities and traditional Coeur dlAlene Tribal cultural events. 

6) Provide funds for the health, education and general welfare of the 

Coeur dlAlene Tribe and its members. 

C) Provide funds for the operations and programs of the Coeur 

dfAlene Tribal Government and Coeur dlAlene Tribal Agencies. 

D) Provide jobs for Coeur dlAlene Tribal Members. 

E) Provide for responsible, environmentally sound economic 

development of the Coeur dlAlene Reservation. 

F) Promote Coeur dfAlene Tribal self-government by providing a larger 

share of the operating expenses of the Tribal Government, thereby reducing 

dependency on Federal funds. 

G) Encourage Tribal self-sufficiency and promote Tribal sovereignty. 

H) Provide services and activities on the Coeur dlAlene Reservation 

which can be used and enjoyed by both Indians and non-Indians to foster cooperation, 

goodwill and racial harmony on the Reservation between all races. 
1) Safeguard all persons from unscrupulous and illegal operations of 

, any type of gaming. 

J) To prevent and eliminate any possible influence of organized crime 

or other undesirable elements on the Reservation. 

30-3.01 Definitions 

A) Tribe means the Coeur dfAlene Tribe. 

6) Reservation means all area within the exterior boundaries of the 

Coeur dfAlene Indian Reservation. 

C) Tribal Council means the elected Tribal Council of the Coeur 

dfAlene Tribe. 

D) Board means the Coeur dlAlene Tribal Charitable Gaming Board. 

E) Lottery means all forms of gaming which contain the three 

essential elements of chance, consideration and prize, whether or not electronic, 

computer, or other technologic aids are used in connection therewith, 

F) Class ,I1 Gaming means: 

1) The game of chance commonly known as bingo (whether 

or not electronic, computer, or other technologic aids are used in connection 

therewith) 

a) which is played for prizes, including monetary prizes, 

with cards bearing numbers or other designations, 

b) in which the holder of the card covers such numbers 

or designations when objects, similarly numbered or designated, are drawn or 

electronically determined, and 

C) in which the game is won by the first person covering 

a previously designated arrangement of numbers or designations on such cards, 

including (if played in the same location pull-tabs, lotto, punch boards, tip jars, instant 

bingo, and other games similar to bingo, and 

2) card games that - 

a) are explicitly authorized by the laws of the State of 

Idaho, or 
b) are not explicitly prohibited by the laws of the State 

of Idaho and are played at any location in the State of Idaho, but only if such card 

games are played in conformity with those laws and regulation (if any) of the State 

regarding hours of periods of operation of such card games or limitations on wagers 

or pot sizes in such card games. 

3) The term Class II gaming does not include - 

a) any banking card game, including baccarat, chemin 

defer, or blackjack (21), or 

b) electronic or electromechanical facsimiles of any game 

of chance or slot machines of any kind. 

G) Class Ill Gaming means all forms of gaming that are not traditional 

forms of lndian gaming or Class II gaming. 

H) Net Revenue means those revenues of an authorized and licensed 

gaming activity less amounts paid out, or paid for, prizes and total operating expenses, 

excluding management fees. 

1) Gaming Facility means any facility or location on the Coeur drAlene 

lndian Reservation at which any type of gaming is conducted. 

J) Operator means any person or entity operating or managing a form 

of gaming authorized or licensed by the Board. 

K) Management Contractor means an individual or entity with whom 

the Coeur d'Alene Tribe has contracted to operate a gaming activity on the Coeur 

dJAlene lndian Reservation. 

30-4.01 Establishment Of The Board 

The Coeur dJAlene Tribal Charitable Gaming Board is hereby established. 

The Board shall consist of three (3) members who shall be enrolled members of the 

Coeur dfAlene Tribe. The Board Members shall serve staggered three (3) year terms 

with one member being appointed by the Council each year. When the Council 

appoints the initial Board, one member shall be appointed for one year, one member 

for two years and one member for three years. Thereafter, all members shall be 

appointed for three year terms. The Tribal Council shall serve as the Gaming Board 

until the Board is appointed. 
30-4.02 Res~onsibilitv For Gaminq 

The Coeur d'Alene Tribe through its Tribal Council shall have sole 

proprietary interest and responsibility for the conduct of all gaming on the Coeur 

d'Alene Indian Reservation. The Tribal Council may designate responsibility for the 

conduct or various aspects of gaming to the Board, but may not delegate the 

responsibility for determining the type of gaming authorized on the Reservation or for 

entering into gaming management contracts. 

30-4.03 Removal 

Any member of the Board may be removed for cause by the Council. 

30-5.01 Powers and Duties of the Board 

The Board shall, unless otherwise directed by the Tribal Council, have the 

following powers and duties: 

A) Implement gaming activities authorized by the Tribal Council to be 

conducted on the Coeur drAlene Reservation in accordance with this Chapter. 

6) Issue licenses to gaming facilities, operators, primary management 

officials, or key employees of any gaming enterprise. 

C) oversee and regulate all gaming and activities authorized by the 

Tribal Council subject to any terms and conditions that may be set out in any 

contracts that the Tribal Council may enter into with a management contractor or 

operator. 

D) Promulgate rules, regulations and bylaws, subject to Tribal Council 

approval. 

E) Contract for services needed to carry out the duties and obligations 

of the Board, provided however, that only the Tribal Council may enter into contracts 

with a management contractor for the operation of a gaming facility. 

F) Regulate and control and/or enter into contracts regarding all 

concessions, including those for food and beverage, that are operated in conjunction 

with gaming authorized under this Act. 

G) Provide for proper record keeping of all gaming activities and Board 

affairs, including an annual independent outside audit of the gaming, which may be 

encompassed within the existing independent Tribal audit system. All contracts for 

supplies, services or concessions for a contract amount in excess of $25,000 annually 
(except contracts for professional legal services or accounting services) shall be 

subject to such annual independent outside audit. 

H) Collect revenues, pay expenses and transfer all net revenue as 

approved by the Tribal Council. 

1) Hire professional, technical and other employees as may be 

necessary to carry out the duties of the Board. 

J) Approve all major procurements. 

K) Review on a monthly basis records of all gaming authorized under 

this Code. 

L) Receive revenue and make disbursements. 

M) Conduct investigations, hold hearing, administer oaths and issue 

subpoenas which shall be enforced by the Tribal Court. 

N) Require bonds of operators, management contractors, primary 

management officials and key employees of any gaming facility. 

0) Perform all other acts necessary to carry out the purpose and 

provisions of this Code. 

P) The Board shall have no authority over traditional or Class I games 

unless specifically delegated by the Tribal Council. (CDA 252(92), 08/20/92) 

30-5.02 Board Ex~enses 

Members of the Board shall be allowed reasonable out-of-pocket 

expenses and per diem, but shall receive no salaries unless otherwise approved by the 

Coeur dlAlene Tribal Council. Such payments shall come out of the license fees or net 

revenues of the gaming activities allowed under this Chapter. 

30-5.03 Limitation On Board Activities 

No member of the Board shall participate in any form of gaming regulated 

by the Board under this Chapter. No member of the Board, nor their spouse or other 

with whom they are living in a similar way, shall be employed by any operator, 

management contractor or at any gaming facility regulated by the Board. (CDA 

252(92), 08/20/92) 
30-6.01 Limitations On Gaming 

No gaming regulated under this Chapter shall be conducted on the Coeur 

d'Alene lndian Reservation except as allowed by this Chapter, and specifically 

authorized by the Tribal Council upon a finding that such gaming is in the best interest 

of the Coeur diAlene Tribe and under a license issued by the Board. (CDA 252(92), 

08/20/92) 

30-6.02 Class II Games 

Class II games that are authorized by Tribal Council Ordinance may be 

conducted on the Coeur drAlene lndian Reservation under such terms and conditions 

as determined by the Board. 

30-6.03 Class Ill Games 

Class Ill games that are authorized by Tribal Council Ordinance may be 

conducted on the Coeur dfAlene lndian Reservation under such terms and conditions 

as determined by the Board, so long as the conduct of such Class Ill games satisfies 

all other legal requirements. 

30-6.04 Other Gaming 

Notwithstanding any other provision of this section, the Tribal Council 

may authorize by Ordinance any form of lottery, parimutuel betting, or charitable game 

of chance regardless of whether it employs electronic, computer, or other 

technicologic aids, that is allowed by law and found by the Tribal Council to be in the 

best interest of the doeur dfAlene Tribe. 

30-6.05 No Gaminq Bv Minors 

No one under the age of eighteen (1 8) shall be allowed to participate in 

gaming authorized under this Code. 

30-6.06 Gaminq Authorized - Class II 

It is in the best interests of the Coeur dfAlene Tribe that all Class II 

gaming be authorized to be conducted under the provisions of this act and the same 

is so authorized under such terms and conditions as the Board shall require. 

30-6.07 Gaminca Authorized - Class Ill 

It is in the best interests of the Coeur dfAlene Tribe that all Class Ill 

gaming authorized by the Compact between the Coeur dfAlene Tribe and the State of 
Idaho be authorized to be conducted under the provisions of this act and the same is 

so authorized under such terms and conditions as the Board shall require. The 

National Indian Lottery is specifically authorized to be conducted under the 

Management Agreement previously approved by the Chairman of the National Indian 

Gaming Commission. 

30-7.01 Licenses And Backqround Checks 

The Board may issue facility licenses and personnel licenses. No facility 

may conduct gaming unless it has received a facility license. No operator, primary 

management official or key employee of any gaming enterprise may hold such position 

unless they have received a personnel license by the Board. 

30-7.02 Personnel Licensinca Standards 

No person shall receive a personnel license if that person's prior activities, 

criminal records, if any, reputation, or 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 or methods or activities in the conduct of gaming 

and such facts are verified by a background investigation which is conducted on all 

primary management officials and key employees in the gaming enterprise. The Board 

shall continue oversight of such officials in their management conduct on an ongoing 

basis. 

30-7.03 Revocation Of License 

A facility or personnel license previously issued shall be revoked by the 

Board if it determines anytime that the facility's or person's activities, criminal records, 

reputation, habits, or associations pose a threat to the public interest or the effective 

regulation of gaming, or creates or enhances the danger of unsuitable, unfair, or illegal 

practices or methods or activities in the conduct of gaming, or that the person or 

facility is in violation of the By-Laws, regulations, or directives of the Board. 

30-8.01 Certificate Of Acce~tabilitv 

Prior to the issuance of a facility license to any premise under this Code, 

the Board shall be provided with a certificate of acceptability from the Coeur dfAlene 

Tribal Planning Department which certifies that the construction and maintenance of 

the gaming facility and the manner in which gaming is to be operated and services 

provided will adequately protect the environment and the public health and safety. 
30-8.02 Inspection Of Premise & Records 

Each and every facility licensed under this Code to conduct gaming shall 

be available for inspection by the Board or its designee at all times. All books and 

records of any gaming facility authorized under this Chapter shall be kept and 

maintained on the Coeur drAlene Indian Reservation at all times. Such books and 

records shall be open for inspection by the Board or its designee at all times, and shall 

be reviewed by the Board or its designee on a monthly basis. 

30-8.03 lns~ection Of Premises And Records Bv Board 

In addition to inspections and audits conducted by the Board or its 

designee, the Tribal Council, through the Tribal attorney or hislher designee, shall 

conduct spot monthly inspections andlor audits, without notice, as seen fit. The 

results of such spot monthly inspections or audits shall be reported directly to the full 

Tribal Council and a copy provided to the Board. The Tribal attorney or hidher 

designee shall have full and complete access to all books, records and facilities of any 

gaming facility authorized under this Chapter at all times and under whatever 

conditions as the Tribal attorney or hislher designee requires. 

30-9.01 Taxation And Net Revenue Distribution 

The Tribe specifically reserves, through its inherent power as a sovereign 

nation, the full right and authority to adopt or impose a uniform and comprehensive 

system of taxation andlor fee structure for all gaming allowed under this Code. 

Per capita payments from net gaming revenue are subject to federal 

income taxation. The Tribe shall so notify each recipient at the time of disbursement. 

30-9.02 Net Revenue Distribution - Land Re~urchase 

Not less than twenty-five percent (25%) of net revenues shall go to the land 

repurchase plan of the Coeur drAlene Tribe. The land repurchase plan promotes tribal 

economic development and provides for the general welfare of the Tribe and its 

members. 

30-9.03 Net Revenue Distribution - Other 

Not less than fifty percent (50%) of net revenues shall be used for the 

following purposes: 

(A) to fund tribal government operations or programs; 

(9) to provide for the general welfare of the Tribe and its members; 

(C) to promote tribal economic development; 
(D) to donate to charitable organizations; or 

(E) to help fund operations of local government agencies; 

30-9.04 Per Capita Payments 

Distribution of net gaming revenues is subject to Tribal Code and federal 

laws, specifically this Chapter and 25 U.S.C. § 271 0(b)(3). Twenty-five percent 

(25%) of net gaming revenues are to be distributed as per capita payments to all 

individual tribal members. The following are guidelines for per capita payments: 

A) Elisibilitv Deadline. Eligibility for per capita payments is based 

upon tribal enrollment. Enrollment as a tribal member must be established by 

September 30 of the year of the distribution in order to be eligible for payment. 

Eligibility for enrollment is reviewed in accordance with Chapter 39 of the Tribal Code. 

B) Minors and Leqal Incom~etents. The interests of minors and other 

legally incompetent persons who are entitled to receive per capita payments are to be 

distributed as follows: 

1) Minors - persons under the age of 18. 

a) One-half of the per capita payment shall be placed into 

a trust in the name of the individual minor. Such amount shall remain in trust until: 

I. the person reaches the age of 18 and has 

graduated from high school or obtained a GED certificate, or 

. . 

11. the person reaches the age of 21. 

b) One-half of the per capita payment shall be disbursed 

to the parents or legal guardian for the benefit of such minors. Such payment is 

necessary for the health, education, and welfare of the individual. 

2) Leqal Incom~etents - persons deemed incompetent through 

a court proceeding. 

a) Regardless of age of the incompetent, one-half of the 

per capita payment shall be placed into a trust in the name of the individual 

incompetent. Such amount may be distributed to the parents or legal guardians of the 

incompetent upon application. The application must include an explanation of why the 

trust should be distributed for the benefit of the incompetent. 
b) One-half of the per capita payment shall be disbursed 

to the parents or legel guardian for the benefit of such legal incompetent. Such 

payment is necessary for the health, education, and welfare of the individual. 

3) S~ecial Circumstances - The Coeur dfAlene Tribe recognizes 

there are circumstances which may require disbursement of a portion of remaining 

individual trust money. An application must be submitted for such disbursement. 

Applications are available through the Tribal Enrollment Office. Tribal Council or 

designated representatives will review applications for disbursement under the 

following circumstances: 

a) Upon certification by at least two licensed physicians 

that the minor is afflicted with a terminal illness. 

b) Upon certification by a school official that the minor 

will be graduating. Disbursement for the graduation expenses shall not exceed $500. 

4) Encumbrances - No funds placed in trust on behalf of 

individual members may be pledged or encumbered in any manner. 

5) Death of a Minor or Lesal lncom~etent - Upon the death of 

a minor, all funds including interest shall be transferred from the individual trust 

account and shall be probated in accordance with appropriate procedures in the court 

of competent jurisdiction. 

30-9.05 Manaqement Contracts 

The Coeur dfAlene Tribal Council may enter into management contracts 

for the conduct of gaming under this Chapter, but in no event shall the management 

contractor receive more than 40% of the net revenues in consideration of the 

provisions of management services. 

30-1 0.01 Penalties For Violations 

Any person who contracts, supplies, manages, is employed by, or 

participates in any gaming activity authorized under this Chapter shall, as a matter of 

doing so, consent to the civil and criminal jurisdiction of the Coeur dtAlene Tribe. 

Such consent to jurisdictions shall be publicly posted and shall be contained on all 

cards, tickets or other gaming devices used under the authority of this Chapter. 

30-10.02 Civil Penalties For Violations 

Any person who shall violate any provisions of this Chapter or shall 

conduct gaming operations without a required license, shall commit fraud or deceit, 
or shall engage in professional gambling or bookmaking, shall be subject to one or all 

of the following civil penalties: 

A) Civil fine of $2,000.00 per occurrence per day and confiscation of 

all proceeds from such activities, 

B) Injunctive relief against continued violation of this Chapter, 

C) Exclusion from the Coeur drAlene Indian Reservation in conformity 

with Chapter 25 of this Code, 

D) Revocation or suspension of gaming license, or 

E) Civil cause of action by the Tribe for damages, restitution or other 

equitable relief. 

30-1 1 .O1 Investiaations, Hearinas, & Judicial Review 

Nothing -in this Chapter shall entitle any individual or entity to any right 

to appeal or judicial review that they do not otherwise have as a result of some 

other law. 

The Board or its designee may conduct any investigation or hold any 

hearing it deems appropriate and necessary to carry out its responsibilities under this 

act. 

The Board or its designee may conduct such other hearings to review a 

prior decision as arenecessary unless the Board itself was the decision maker, in 

which case the hearing shall be conducted by the Tribal Council or its 

designee. 

Jurisdiction for judicial review of an administrative hearing decision under 

this Section shall rest exclusively with the Tribal Court. In the exercise of its 

jurisdiction to conduct such judicial review, the Court shall be absolutely and 

completely bound by the findings of facts of the administrative hearing and may only 

reverse the decision if substantial prejudicial errors of law occur. 

30-1 2.01 Severabilitv 

If any provision of this Chapter is held invalid or its application to any 

person or circumstance is held invalid, the remainder of this Chapter or the application 

of the provision to other persons or circumstances is not affected. 
The Coeur drAlene Tribal Council (hereinafter "Tribe"), empowered by the 

Tribe's Constitution to enact ordinances, hereby enacts this ordinance which shall be 

referred to as statutes in order to further set the terms for Class II and Ill gaming 

operations on tribal lands. All of the following sections shall apply to Class II gaming. 

Sections 30- 1 3.03; 30- 1 3.06; 30- 1 3.07(A), (C), and (D); 30- 1 3.08; and 30-1 4.01 

shall apply to Class Ill gaming. (CDA 218(94), 06/23/94) 

30-1 3.02 Gamina Authorized 

Class II gaming as defined in the lndian Gaming Regulatory Act, P.L. 100- 

447, 25 U.S.C. Section 2703 (7)(A) ("IGRA") and by the regulations promulgated by 

the National lndian Gaming Commission at 25 C.F.R. Subsection 502.3 (as published 

in the Federal Register at 57 FR 12382-1 2393, April 9, 1992) is hereby authorized. 

Class Ill gaming authorization is governed by the terms of 30-6.03. (CDA 21 8(94), 

06/23/94). 

30- 13.03 owners hi^ of Gaming 

The Tribe shall have the sole propriety interest in and responsibility for 

the conduct of any gaming operation authorized by this ordinance. 

30-13.04 Use of Gamina Revenue 

Net revenues from Class II gaming shall be used only for the following 

purposes: to fund tribal government operations and programs; to provide for the 

general welfare of the Tribe and its members; to promote tribal economic 

development; to donate to charitable organizations; or to help fund operations of local 

government agencies. 

30-1 3.05 Audit 

A. The Tribe shall cause to be conducted annually an independent 

audit of gaming operations and shall submit the resulting audit reports to the National 

lndian Gaming Commission. 

B. All gaming related contracts that result in the purchase of supplies, 

services, or concessions in excess of $25,000.00 annually, except contracts for 

professional legal and accounting services, shall be specifically included within the 

scope of the audit that is described in subsection A. above. 
30-13.06 Protection of the Environment and Public Health and Safetv 

Class II gaming facilities shall be constructed, maintained and operated 

in a manner that adequately protects the environment and the public health and 

safety. 

30-1 3.07 Licenses for Kev Em~lovees and Primarv Manaqement Officials 

The Tribe 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 gaming enterprise operated on Indian lands: 

A. Definitions 

For the purposes of this section, the following definitions apply: 

1. Kev em~lovee means 

(a) 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 

(1 0) 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 is in excess of $50,000 per year; or 

(c) If not otherwise included, the four most highly 

compensated person in the gaming operation. 

2. Primary manaclement official means 

(a) The person having management responsibility for a 

management contract; 
(b) Any person who has authority: 

(1 ) To hire or fire employees; or 

(2) To set up working policy for the gaming 

operation; or 

(c) The chief financial officer or other person who has 

financial management responsibility. 

6. ADDlication Forms 

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 U.S.C. 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, 

Tribal, 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 of 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 the 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 

error in processing your application. 
2. Existing key employees and primary management officials 

shall be notified in writing that they shall either: 

(a) Complete a new application form that contains a 

Privacy Act notice; or 

(b) 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 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: 

(a) Complete a new application form that contains a 

notice regarding false statements; or 

(b) Sign a statement that contains the notice regarding 

false statements. 

C. Backaround lnvestiaations 

1. The Tribe shall request from each primary management 

official and from each key employee all of the following information: 

(a) Full name, other names used (oral or written), social 

security number(s), birth date, place of birth, citizenship, gender, all language (spoken 

or written); 

(b) Currently and for the previous 5 years: business and 

employment positions held, ownership interests in those businesses, business and 

residence addresses, and drivers license numbers; 

(c) 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 (l)(b) of this section; 
(dl Current business and residence telephone numbers; 

(e) A description of any existing and previous business 

relationships with Indian tribes, including ownership interests in those businesses; 

(f) A description of any existing and previous business 

relationships with the gaming industry generally, including ownership interests in those 

businesses; 

(g) 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; 

(h) For each felony for which there is an ongoing 

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

and the date and disposition, if any; 

(i) 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; 

(j) 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 paragraph 

(1 )(h) or (1 )(i) of this section, the criminal charge, the name and address of the court 

involved and the date and disposition; 

(k) The name and address of any licensing or regulatory 

agency which has filed an application for an occupational license or permit, whether 

or not such license or permit was granted; 

(I) A current photograph; 

(m) Any other information the Tribe deems relevant; and 

(n) Fingerprints consistent with procedures adopted by 

the Tribe according to 25 C.F.R. Subsection 522.2(h). 

2. 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 investigation. 
D. Eliqibilitv 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 in a 

key employee or primary management official position. 

E. Procedure for Forwardinq Applications and Reports for Kev 

Emplovees and Primarv Manaqement Officials to the National lndian 

Gaminq Commission 

1. 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 Gaming Commission a completed application for employment and conduct 

background investigation and make the determination referred to in subsection D of 

this section. 

2. The Tribe shall forward the report referred to in subsection 

F of this section to the National lndian Gaming Commission within 60 days after an 

employee begins work or within 60 days of the approval of this ordinance by t 

Chairman of the National Gaming Commission. 

3. The gaming operation shall not employ as a key employ e 

or primary management official a person who does not have a license after 90 da s. e 

F. Report to the National Indian Gamins Commission 

1. Pursuant to the procedures set out in subsection E of t 

section, the Tribe shall prepare and forward to the National lndian Gaming 

an investigative report on each background investigation. An 

include all of the following: 

(a) Steps taken in conducting a background investigati n; 1 

(b) Results obtained; 

(c) Conclusions reached; and 
(d) The basis for those conclusions. 

2. The Tribe shall submit, with the report, a copy of the 

eligibility determination made under subsection D of this section. 

3. If a license is not issued to an applicant, the Tribe: 

(a) Shall notify the National lndian Gaming Commission; 

and 

(b) May forward copies of its eligibility determination and 

investigative report (if any) to the National lndian Gaming Commission for inclusion in 

the lndian Gaming Individuals Record System. 

4. With respect to key employees and primary management 

officials, the Tribe shall retain applications for employment and reports (if any) of the 

background investigations for inspections by the Chairman of the National lndian 

Gaming Commission or his or her designee for no less than three (3) years from the 

date of termination of employment. 

G. Grantina a Gamina License 

1. If, within a thirty (30) day period after the National lndian 

Gaming Commission receives a report, the National lndian 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 lndian 

Gaming Commission, the Tribe may issue a license to such applicant. 

2. The Tribe shall respond to a request for additional 

information from the Chairman of the National lndian 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 lndian Gaming Commission receives the additional 

information. 

3. If, within the thirty (30) day period described above, the 

National lndian 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 lndian Gaming Commission, the Tribe shall reconsider the application, taking 

into account the objections itemized by the National lndian Gaming Commission. The 

Tribe shall make the final decision whether to issue a license to such applicant. 
H. License Sus~ension 

1. If, after the issuance of a gaming license, the Tribe receives 

from the National lndian Gaming Commission reliable information indicating that a key 

employee or a primary management official is not eligible for employment under 

Section D. above, the Tribe shall suspend such license and shall notify in writing the 

licensee of the suspension and the proposed revocation. 

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

hearing on the proposed revocation of a license. 

3. After a revocation hearing, the Tribe shall decide to revoke 

or to reinstate a gaming license. The Tribe shall notify the National lndian Gaming 

Commission of its decision. 

30-1 3.08 License Locations 

The Tribe shall issue a separate license to each place, facility, or location 

on lndian lands where Class II gaming is conducted under this ordinance. 

To the extent that 30-01 thru 30-1 2 are inconsistent with 30-1 3 thru 30- 

14, those prior gaming statutes are hereby repealed and 30-1 3 thru 30-14 shall 

control. 

30-1 4.01 S~ecific Backaround lnvestiaations 

Section 522.2(b) requires a description of procedures to conduct or cause 

to be conducted background investigations on key employees and primary 

management officials. 

Background investigations of key employees and primary management 

officials shall include: 

A. A clear statement that the Tribe is responsible for the conduct of 

the background investigations and suitability determinations. 

B. An organization chart or statement showing the positions of people 

responsible for -- 

1. conducting and causing to be conducted the background 

investigations; 
2. reviewing and approving the investigative work done; 

3. reporting the results of the background investigation to the 

National Indian Gaming Commission; 

4. obtaining and processing fingerprints; and 

5. making the suitability determinations. 

C. An explanation of how the positions and people identified above 

were selected. 

D. A listing of the minimum investigative procedures to be performed, 

including the following: 

1. Verify by written or oral communication information 

submitted by applicant. 

2. Inquire into the applicant's prior activities, criminal record, 

if any, and reputation, habit and associations; interview a sufficient number of 

knowledgeable people such as former employers, personal references, and others to 

whom referred in orde'r to provide a basis for the tribe to make a finding concerning 

the eligibility for employment in a gaming operation. 

3. Document the disposition of all potential problem areas 

noted and disqualifying information obtained. 

E. An investigative report setting forth the following: 

1. Steps taken in conducting the background investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The basis for those conclusions.