Ronald D. Escobar 

Tribal Vice Chairman 

~hemehuevi Indian Tribe 

P.O. Box 1976 

Chemehuevi Valley, ~alifornia 92363 

Dear chairman Escobar: 

This letter responds to your request to review and approve the 

tribal gaming ordinance submitted on October 24, 1993, for the 

Chemehuevi Indian ~ribe (the Tribe). This letter constitutes 

such approval under the Indian ~aming 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 Tribe's gaming ordinance, 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. S 556.5(a) and 

an investigative report on each background investigation be-fore r. 

issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. S 556.5(b). 

Thank you for submitting the ordinance of the Chemehuevi Indian 

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, 

Anthooy J. Hope 

Anthony J. Hope 

chairman 

1850 M STREET. N.W.. SUITE 250 WASHINGTON. D.C. 20036 TEL.: 202.632-7003 FAX: 202-632-7066 
P.0. BOX 1976 CHEMEHUEVI VALLEY, CALIFORNIA 92383 (6 19) 858-&%' 

CHEM. R. 93-08-28 

A resolution adopting Ordinance No. 93-A, the Chemehuevi Indian 

Tribe's Gaming Ordinance, which authorizes and provides for 

the regulation of Class I1 and Class 111 gaming on the Chemehuevi 

Indian Reservation. 

WHEREAS, the Chemehuevi Indian Tribe is an American Indian Tribe 

organized pursuant to the Indian Reorganization Act 

of June 18, 1934 and is recognized by the United States 

Government through the Secretary of the Interior, with 

the Chemehuevi Tribal Council as its governing body; 

and 

WHEREAS, at the Chemehuevi Indian ~ribe's annual general membership meeting held in April 1993, at which a quorum 

was present, a majority of the ~ribe's members voted 

to direct the Chemehuevi Tribal Council to investigate 

the feasibility of establishing a Tribal gaming enterprise to engage in Class I1 and Class I11 gaming on 

the Chemehuevi Indian Reservation; and 

WHEREAS, pursuant to said vote of the general membership, the 

Chemehuevi Tribal Council has appointed a Gaming 

Committee for the purpose of implementing the general 

membership's directive to investigate the feasibility 

of establishing a Tribal gaming enterprise on the Chemehuevi Indian Reservation consistent with all requirements and procedures of the Chemehuevi Indian Tribe 

and all other applicable laws and regulations; and 

WHEREAS, the Chemehuevi Indian Tribe's Gaming Committee has 

presented to the Chemehuevi Tribal Council a proposed 

Tribal Gaming Ordinance authorizing and providing for 

the regulation of Class I1 and Class I11 gaming on 

the Chemehuevi Indian Reservation, and other proposed 

policies, procedures and agreements to be submitted 

to the National Indian Gaming Commission in connection 

with a request for approval of said Gaming Ordinance; 
CHEMEHUEVI INDIAN TRIBE 

GAMING ORDINANCE 

I. Purpose 

The ~hemehuevi Indian Tribe, as the beneficial owner of the 

Chemehuevi Indian Reservation, and acting through its Tribal 

Council in the exercise of its inherent sovereign power to enact 

ordinances and otherwise safeguard and provide for the health, 

safety and welfare of the Chemehuevi Indian Reservation and the 

members of the Tribe, hereby ordains and establishes this Ordinance 

for the purpose of authorizing and comprehensively and preemptively 

regulating the terms and conditions under which Class I1 and Class 

I11 gaming may be conducted within the boundaries of the Chemehuevi, 

Indian Reservation. 

11. Gamins Authorized 

A. Class I1 gaming as defined in the Indian Gaming Regulatory 

Act, P.L. 100-447, 25 U.S.C. Section 27039(7) (A) (llIGRA1t) and by 

the regulations promulgated by the National Indian Gaming 

Commission at 25 C.F.R. 502.3 (as published in the Federal 

Register at 57 FR 12382-12393, April 9, 1992) is hereby authorized. 

B. Class I11 gaming as defined in the Indian Gaming 

Regulatory Act, P.L. 100-447, 25 U.S.C. Section 2703 (8) ("IGRAff) 

and by the regulations promulgated by the National Indian Gaming 

Commission (IfNIGC") at 25 C.F.R. 5 502.4 (as published in the 

Federal Register at 57 FR 12382-12393, April 9, 1992) is hereby 

authorized, provided such gaming is also authorized by and 

consistent with a Tribal-State Compact that has been approved by 

the Secretary of the Interior and is in effect, or otherwise has 

been authorized by the Secretary of the Interior or federal law. 

111. Ownership of Gaminq ~acilities and/or Enterprises 

The Tribe shall have the sole propriety interest in and 

responsibility for the conduct of any gaming facilities and/or 

enterprise(s) authorized by this ordinance. 

IV. Use of Gaming Revenue 

A. Except as specifically authorized pursuant to subsection 

B of this Section, net revenues from Class I1 and Class I11 gaming 

on the Chemehuevi Reservation shall be used only for the following 

purposes : 

1) to fund Tribal government operations and programs; 

2) provide for the general welfare of the Tribe and its 
members ; 

3) promote Tribal economic development; 

4) donate to charitable organizations; or 

5) help fund operations of local government agencies. 

B. If the Tribe elects to make per capita payments to Tribal 

members, it shall authorize such payments only in conformity with 

a plan submitted to and approved by the Secretary of the Interior 

pursuant to 25 U.S.C, § 2710(b) (3). 

V. Audit 

A. The Tribe shall cause to be conducted at least annually 

an independent audit of all gaming operations and shall submit the 

resulting audit reports to the National Indian Gaming Commission, 

and to such other agencies as may be required by the terms and 

conditions of any Class I11 compact or other document authorizing. 

Class I11 gaming on the Chemehuevi Reservation. 

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. 

VI. Protection of the Environment and public Health and Safety 

Class I1 and Class I11 gaming facilities on the ~hemehuevi 

Reservation shall be constructed, maintained and operated in a 

manner that adequately protects the environment and the public 

health and safety. 

VII. Licenses for Key Employees and Primary Manaqement Officials 

The ~ribe 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 I1 and/or 

Class 111 gaming enterprise operated on Indian lands within the 

boundaries of the ~hemehuevi Indian Reservation: 

A. Definitions 

For the purposes of this section, the following 

definitions apply: 

1. Key em~loyee 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 

(10) 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 persons in the gaming, 

operation. 

2. Primarv manaqement official means 

(a) The person having management 

responsibility for a management contract; 

(b) Any person who has authority: 

(1) To hire and 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. 

B. ~~~lication Frms 

1. The following notice shall be placed on the 

application form of 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 or the ~ational 

Indian ~aming 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: 

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 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. ~lso, you may be 

punished by fine or imprisonment. 

(18 U.S.C. S1001). 

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. Backqround Investisations 

1. The ~ribe 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 languages spoken or 

written; 
Currently and for the previous five years: all 

business and employment positions held, ownership 

interests in those businesses, business and 

residence addresses, and drivers 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 (1) (b) of this Subsection; 

Current business and residence telephone numbers; 

A description of any existing and previous business 

relationships with Indian Tribes, including 

ownership interests in those businesses; 

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 every 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 prosecution (excluding minor traffic 

violat'ions) within ten years 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 (1) (h) or ' (1) (i) of this 

subsection, the criminal charge, the name and 

address of the court involved and the date and 

disposition; 

The name and address of each 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; 
1. A current photograph; 

m. Any other information the Tribe may deem relevant 

under the circumstances; and 

n. Fingerprints consistent with procedures adopted by 

the Tribe in accordance with 25 C.F.R. §522.2(h). 

2. The ~ribe shall conduct an investigation sufficient 

to make a determination under Subsection D. below. In conducting 

a background investigation, the Tribe or its agent (s) shall promise 

to keep confidential the identity of each person interviewed in the 

course of the investigation. 

The Tribe shall review a applicant'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, the gaming operation shall not employ that person in a key 

employee or primary management official position. 

E. Procedures for Forwardins Applications and Reports for 

Kev Employees and Primarv Manaaement officials to the 

National Indian Gamins Commission 

1. When a key employee or primary management official 

begins work at a gaming operation authorized by this 

Ordinance, the ~ribe shall forward to the National Indian 

Gaming Commission a completed application for employment 

and conduct the 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 ~ational 1ndian 

~aming om mission 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. 

3. 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. 

F. Report to the ~ational 1ndian ami ins om mission 

1. 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: 

a. Steps taken in conducting the background 

investigation; 

b. Results obtained; 

c. ~onclusions reached; and 

d. The bases 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 Indian Gaming 

Commission; and 

b. May forward copies of its eligibility 

determination and investigative report (if 

any) to the National Indian Gaming Commission 

for inclusion in the Indian Gaming Individuals 

Records System. 

4. 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 ~ational Indian Gaming commission or his or her 

designee for no less than three (3) years form the date of 

termination or denial of employment. 

G. Grantinq a Gaminq License 

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

National Indian Gaming commission receives a report, the ~ational 

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. 

2. 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 Subsection G. 1. of this Section 

until the Chairman of the National Indian Gaming ~omrnission 

receives the additional information. 

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

above, the National Indian Gaming Commission provides the Tribe 

with a statement itemizing its objection(s) 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 objection(s) 

itemized by the National Indian Gaming Commission. The Tribe shall 

make the final decision whether to issue a license to such 

applicant. 

H. License Suspension 

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

Tribe receives from the National Indian ~aming 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. 

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

place for a hearing on the proposed revocation of a license. 

3. After a revocation hearing, the Tribe shall decide 

whether to revoke or to reinstate a gaming license. The Tribe 

shall notify the National Indian Gaming Commission of its decision. 

VIII. Licensinq of Gamins Places, Facilities and Locations 

A separate license shall be required for each place, facility, 

or location on Indian lands where Class I1 and/or Class I11 gaming 

is to be conducted on the Chemehuevi Reservation. 

IX. Creation of Tribal Gaminq omm mission 

A. There is hereby created the Chemehuevi Tribal Gaming 

Commission, which shall consist of three persons who would 

themselves qualify for licensing under this Ordinance. 

B. The members of the Tribal Gaming Commission shall be 

appointed by the Chemehuevi Tribal Council, and shall not be 

removed duringtheir terms of office except for misconduct, neglect 

of duties or other acts that would render such persons unqualified 

for licensure hereunder. An affirmative vote of at least five 

members of the Tribal Council, taken in an open meeting after a 

duly- noticed hearing at which the member charged with misconduct 

shall have the right to hear and present evidence concerning 

his/her removal, shall be required to remove a member of the 
Commission. At the request of the member whose removal is at 

issue, the hearing may be held in executive session. The Tribal 

Council also may elect to receive in executive session any evidence 

public disclosure of which might compromise any on-going lawenforcement investigation. 

C. There shall be a Chairperson of the Tribal ~aming 

Commission, who shall be appointed for a term of two years. The 

remaining members of the Commission shall be appointed for terms of 

two years. The Tribal Council shall determine and authorize the 

compensation to be paid to members of the ~ribal ~aming omm mission 

based upon a determination of time required to be expended upon 

Commission duties and the qualifications of the appointed 

Commissioners. 

D. The Tribal Gaming Commission shall be authorized and 

hereby is directed to promulgate, subject to review and approval by 

the Tribal Council, detailed and comprehensive regulations for the 

implementation and enforcement of this ordinance. said regulations 

shall describe and establish the rules for each specific Class I1 

and Class I11 gaming activity to be authorized to be conducted on 

the Chemehuevi Reservation, and no form of such gaming may be 

conducted on the Chemehuevi Reservation without prior approval by 

the Tribal ~aming Commission. 

E. The Tribal Gaming Commission, independent of the Tribal 

Council, shall have full authority to monitor compliance with this 

Ordinance and its Regulations, and to investigate and act to 

prevent any violation(s) thereof. 

F. Subject to the approval of the Tribal Council and the 

appropriation of funds therefor, the Tribal ~aming commission shall 

be authorized to employ such staff as reasonably may be required to 

fulfill its responsibilities under this Ordinance. compensation of 

Commission employees shall be limited to that which is comparable 

to compensation paid to persons performing similar duties in other 

governmental gaming regulatory agencies. 

G. Subject to the approval of the Tribal ~ouncil, the Tribal 

Gaming Commission hereby is authorized to establish and impose upon 

gaming facilities, permittees, applicants and licensees such 

application, permit and license fees as may be necessary to fully 

reimburse the Tribe 'for its actual costs of operating the Tribal 

Gaming Commission, enforcing this Ordinance and Tribal Gaming 

Commission regulations, processing of licensing and permit 

applications, and otherwise fulfilling its regulatory 

responsibilities under IGRA. All such fees shall be collected by 

the Tribal ~aming om mission and hereby are continuously 

appropriated solely for the purposes enumerated in this subsection. 

H. Failure to timely pay any gaming-related fee imposed by 

the Tribal Council or the Tribal Gaming c om mission, or to comply 
with any Commission regulation or order, or any other violation of 

this Ordinance or the terms of any Class I11 gaming compact 

authorizing and regulating gaming on the ~hemehuevi Reservation, 

shall be grounds for suspension or revocation of any license or 

permit issued pursuant to this Ordinance, exclusion of any nonmember of the ~hemehuevi Tribe fromthe Chemehuevi Reservation, and 

imposition of such other sanctions as the Tribal Gaming Commission 

may deem appropriate. 

I. Any person or entity subject to any sanction or penalty by 

the Tribal Gaming Commission shall have the right to appeal such 

sanction or penalty to the Tribal Council in accordance with such 

rules and regulations as may be promulgated by the Tribal Council 

for that purpose. The decision of the Tribal Council on any appeal 

shall be final and not otherwise reviewable. 

X. Repeal 

To the extent that they are inconsistent with this ordinance, 

all gaming ordinances previously enacted or amended by the 

Chemehuevi Tribe hereby are repealed. 
Page 2. @EM. R. 93-08-28, a resolution adopting Chemehuevi 

Tribal Ordinance No. 93-A, authorizing and regulating 

Class I1 and Class I11 gaming on the Chemehuevi Indian 

Reservation. 

NOW, THEREFORE; BE IT RESOLVED that the Chemehuevi Tribal Council 

hereby approves, ordains, and establishes the Class 

I1 and Class I11 Gaming Ordinance, No 93-A, attached 

hereto, as the Gaming Ordinance of the Chemehuevi Indian 

Tribe, under which Class I1 and Class I11 gaming is 

authorized and regulated on the Chemehuevi Indian 

Reservation. 

CERTIFICATION 

The foregoing resolution was presented at a duly noticed regular 

meeting of the Chemehuevi Tribal Council held on the 28th day 

of August 1993, at which a quorum was present, and was adopted 

by a vote of 8 FOR; 0 AGAINST; 0 ABSTAINED; and with 1 ABSENT, 

per motion made by Ronald Escobar and seconded by Johnny Gordon. 

,&dmeyL &,2. 

natthew Leivas, Sr., Chairman