April 5,2005 

Mr. WiIIii A. Talks About, Chairman 

Bbckftet Tribal Business Council 

P.O. Box 850 

Browningrn~grl 

Re: Approval of Odinmce No. 101 

Dear Gkan Talks About: 

This is in -om to your January 5, soog, letter se.ekmg review and approval of the new 

Blackfeet Nation Ckss III gaming ordinance, No. rox, enacted pursuant to Business 

Council Resolution No. 68-4005. Thc ordinance is consistent with the requirements of 

the Indian Gaming Regulatory Act (IGRA) and &is agency's mgulations, and it is 

you have any questions or require assistance, please 

mey, at go~-63qoo3. 
ORDINANCE NO. 101 

BLACKFEET NATION GAMING ORDINANCE 

Adopted by the Blackfeet Tribal Business Council 

On December 2,2004 

Resolution No. 68-2005 
BLACKFEET NATION - 

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(406) 338-752 1 FAX (406) 338-7530 

WTLLlA!!f -- - . "ALLLN* . - TNXS . .- - ABOUT- . - - - - C!HAIRUILW -. -- - - - WILLMM "ALLEN" TALKS AEKWI 

PKIWCIL 'rmw - VICE ~~LUKMN 

PRH)WARlnPEE-~ARY 

JOE CERVAIS - TRCA(RIRER RESOLUTION 

I'A'IWCK ~I'HOMAY 

FREDWARDIPEI: 

JAY ST. CODDARD JIMMY ST. CODDARD HUGH MONROE 

NO. 68-2005 FARI.OI~ PERSON PATRICK BCHILDT 

WHEREAS; The Blackfeet Tribal Business Council is the governing body of the 

Blackfeet Indian Nation headquartered in Browning, MT by the authority 

of the Constitution and By-Laws of the Blackfeet Indian Tribe first 

approved on December 13,1935, and 

WHEREAS, The Blackfeet Tribal Business Council has been organized to represent, 

develop, protect, and advance the views, interests, education, and 

resources of the lack feet Inaian Nation, and 

WHEREAS, pursuant to Article VI, Section l(k) of the Constitution and By-Laws of 

the Blackfeet Indian Reservation empowers the Blackfeet Tribal Business 

Council to promulgate Ordinances for the purposes of safeguarding the 

peace and safety of the Blackfeet Indian Reservation, and 

WHEREAS, The Blackfeet Tribal Business Council is desirous of advancing economic 

development on the Blackfeet Indian Reservation through the 

development of Class I11 gaming on the Blackfeet Indian Reservation, 

WHEREAS, Requirements of the Indian Gaming Regulatory Act call for the enactment 

of an ordinance governing Class III gaming, and 

WHEREAS, That Ordinance No. 94, as amended, will be repealed by an entirely new 

gaming ordinance which will be submitted to the ~ational Indian Gaming 

Commission, now 

THEREFORE BE IT RESOLVED as follows: 

1. That Ordinance 94, Class I11 Gaming Ordinance, as amended, is hereby 

repealed in its entirety. 

2. That Ordinance No. 10 1, entitled "Blackfeet Nation Gaming Ordinance" 

is hereby adopted by the Blackfeet Tribal Business Council 

3. That the Chairman and Secretary are hereby authorized to sign this 

Resolution and Ordinance No. 10 1. 
ATTEST: THE BLACKFEET INDIAN TRIBE OF THE 

BLACKFEET INDIAN RESERVATION 

alks About, Chairman 

I hereby certify that the foregoing Resolution was adopted by the Blackfeet Tribal 

Business Council during a duly called, noticed and convened Regular Session assembled 

for business on the December 2, 2004 with nine (9) members present to constitute a 

quorum and with a vote of 9 FOR and 0 OPPOSED , and 0 ABSTAINING. 

(CORPORATE SEAL) -v red Gu r ipee, ecretary 

Blackfeet ~ribal ~usiness council 
0RI)INANCE NO. 101 

BLACKFEET NATION GAMING ORDINANCE 

TABLE OF CONTENTS 

Section 4. Scope of Class I11 Ordinance and Penalties------------------------ 5 

A. Scope ------- - ---------- ----- ---------- ------ 5 

B. Unauthorized Gaming ------- ---- ---------- ---- -- 5 

Section 5. Gross and Net Revenues --------------- ------ ---------- -- ------ - ------ 5 

A. Gross Revenues .................... - ----------- -------- ------ - 6 

B. Net Revenues ................................... - ------------- 6 

Section 6. Blackfeet Gaming Commission; Officers; Duties----------------- 6 

A. General ...................... - ----- --- ---- --- ---- --------- ---- --- 6 

B. officers ---------------- ---- ----------------- 6 

C. Quorum ........................... -- ----- -- ---- ---------- ----- -- . . 6 

D. Powers of the Commlsslon ------------------ -- ----- - --------- . . 6 

E.. Background Investlgabons ------------------- --- -------------- 8 

Section 7. Tribal Commission-Terms of Office; Removal fiom Office------- 8 

Section 8. Executive Director ........................ --------- ---- 9 

Section 9. General Counsel ----------- ------ -------- ----------- 9 

Section 10. Tribal Commission - Duties and Responsibilities-------------------- 9 

Section 1 1. Report to the National Indian Gaming Commission----------------- 12 

Section 13. Gambling Exempt fiom Licensing Fee--------------------------------- 13 
Section 15. 

Section 16. Procedures of Licensing Key Employees and Primary 

Management Officials ---------------- ---- ------------ .................... 

Section 17. 

Section 18. 

Section 19. Procedures of Forwarding Application and Reports for Key 

Employees and Primary Management Oficials to the National . . Indian Gaming Commlsslon .................................... ----- ---- 

Section 20. 

Section 2 1. 

Section 22. 

Section 23. 

Section 24. 

Section 25. 

Section 26. 

Section 27. 

Section 28. 

Section 29. 

Section 30. 

Section 3 1. 

Procedures of Licensing and Restrictions Thereon------------------ 

Section 32. Audit and htemal Control ------------ ---------------- ------- --- --------- 

A. Audit .......................... .............................. ----- -- 

B. Oversight of Internal Fiscal Affairs--------------------------- 

C. Conduct of Audit -------------- ---------------- ------ ----- ------- 
- 

D. Prohibitio~ against Embezzlement---------------------------- 26 

J2. Nan-Compliance ..................... - ---- - -------- ------- ---- --- 26 

Section 33. 

Section 34. 

Section 35. 

Section 36. 

Section 37. 

Section 38. 

Section 39. 

Section 40. 

Section 4 1. 

Section 42. 

Procedures for Resolving Disputes with Gaming; Public------------- 27 

A. Civil Remedy/Enforcement/Appeal 

Issues with Ordinance------------------------------- ---- - ---- ---- 27 

B. Issues With Gaming Establishment---------------------------- 27 

C. General ...................... ---- ------ ----------- ---- -------------- 27 

D. Notice of Non-Compliance------------------------------------- 27 

E. Fines Liens -------------- -- ------------------ - ------------------ 28 

F. Appeals to the Tribal Court------------------------------------ 2 8 

Rules of Procedure for Hearings----------------------------------------- 29 

A. Scope of Rules of Procedure---------------------- ------------- - 29 

B. Hearings ......................... 30 

C. Notice of Hearing ---- i -------- .................................... 30 

D. Ex-parte Communications ------- ....................... --------- 30 

E. Appearance through Counsel--------------------------- --------- 3 1 

F. Discovery Procedures for Enforcement Hearings------------ 3 1 

G. Conftdential Materials -------- - ---- ----------- ----------------- 3 2 

H. Subpoenas ................................. - ....................... 3 3 

1. Hearing Procedures ---------------- -- -------- - ---- - ------------- 3 3 

J. Evidence ........................ ----------------- ---- - ------------- 34 

K. Determinations by the Commission---------- ------------------ 3 5 

L. Sanctions- --------- - ---- .............................. ---- - -------- - 3 6 

National Indian Gaming Commission and Compact------------------ 37 

A. National Indian Gaming commission-Regulation---------- 3 7 

B. National Indian Gaming Commission-Assessment--------- 3 7 

C. Compact with State of Montana------------------- ------------ 3 7 
Section 

Section 44. 

Section 45. 

Section 46. 

Section 47. 

Section 48. 

Section 49. 

Section 50. 

Section 5 1. 

Section 52. 

- General Requirement - ------------------- ---- 38 

A. Security and Surveillance ................................... ---- 3 8 

B. Compliance with Environmental and Other Laws----------- 38 

Patron Disputes- .................................. ------ ------ 39 

Patron Rights Regarding Disputes -------------- ------ -------------- ---- 39 

Gaming Commission Action on Patron Disputes---------------------- 39 
Blackfeet Nation 

Gaming Ordmnce 

- 

ORDINANCE NO. 101 

BLACKFEET NATION GAMING ORDINANCE 

INTRODUCTION 

Ordinance No. 101 is hereby promulgated to regulate Class 111 gaming within the 

exterior boundaries of the Blackfeet Indian Reservation, and to produce revenue for the 

support of tribal government operations that promote the health, education, and welfare 

of the tribe. 

SECTION 1. REPEAL OF FORMER ORDINANCE. Ordinance 94, as 

amended, passed by the Blackfeet Tribal Business Council, is hereby repealed. 

SECTION 2. FINDINGS. The Blackfeet Tribal Business Council (BTBC) 

fmds: 

A. That operation of bingo and other games of chance by the Blackfeet Tribe 

(Tribe) is a valid means of promoting economic development and the 

health and welfare of Blackfeet tribal members; and 

B. That under the principles established by the United States Supreme Court 

in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987), 

Indian Tribes have the exclusive right to regulate gaming activity on 

Indian lands if the activity is not specifically prohibited by federal law and 

is conducted within a state which does not criminally prohbit the activity; 

and 

C. That the United States Congress has recently enacted Public Law 100-497, 

codified at 25 U.S.C. 2701 et seq., commonly known as the Lndian 

Gaming Regulatory Act (IGRA) authorizing certain types of Class I1 and 

Class 111 gaming activities as defined in that Act on lands withn the 

jurisdiction of the Tribe; and 

D. That the terms of the Compact governing Class I11 gaming activities on 

lands within the jurisdiction have been established in accordance with the 

provisions of the Indian Gaming Regulatory Act; and 

E. That the BTBC is the duly constituting governing body of the Tribe, and is 

empowered by the Constitution and By-laws to enact this Tribal gaming 

ordinance; and 

F. That Tribal regulation of gaming activity on the Blackfeet Indian 

Reservation (Reservation) is vital to the protection of Reservation lands 

and interests of the Tribe and its members. 
Blackfeet Nation 

Gaming Ordinance 

SECTION 3. DEFINITIONS - 

- a 

"CLASS I GAMINGn. The term Class I Gaming shall mean: 

A. Social games played solely for prizes of minimal value; or 

B. Traditional forms of Indian gaming when played by individuals in 

connection with Tribal ceremonies or celebrations. 

"CLASS I1 GAMINGn The term Class 11 Gaming shall mean: 

A. The game of chance commonly known as bingo (whether or not 

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

therewith): 

(1) Which is played for prizes, including monetary prizes, with cards 

bearing numbers or other designations; 

- 

(2) In 'which *the holder of the card covers such- numbers of 

designations when objects, similarly numbered or designated, are 

drawn or electronically determined; and 

(3) In which the game is won by the first person covering a previously 

designated arrangement of numbers of designations on such cards, 

including (if played in the same location) pull-tabs, 

B. Card games that: 

(1) Are explicitly authorized by the State of Montana (State), or 

(2) Are not explicitly authorized by the State, and are played at any 

location in the State. 

C. Non-banking card games that: 

(1) State law explicitly authorizes, or does not explicitly prohibit, and 

are played legally anywhere in the State; and 

(2) Players play in conformity with State laws and regulations 

concerning hours, periods of operation, and limitations on wagers 

and pot sizes. 

"CLASS 1II GAMINGw. The term Class III Gaming means all forms of 

gaming that are not Class I or Class 11 Gaming, included but not limited to: 

(1) Card games; 
Blackfeet Nation 

Gaming Ordinance 

(2) Casino games; 

- 

- 

(3) Any slot machine as defined in 15 U.S.C. 1171(a)(l) and 

electronic or electromechanical facsimiles of any game of chance; 

(4) Any sports betting and pari-mutuel wagering including but not 

limited to wagering on horse racing, dog racing jai alai; 

(5) Lotteries. 

"COUNCILn. The term "Council" shall mean the Blackfeet Tribal Business 

Council, the governing body of the Blackfeet Tribe. 

"GAMING COMMISSIONn or "COMMISSIONn. The term "gaming 

commission" or "Commission" shall mean a five (5) member commission appointed by 

the BTBC to address all gaming matters. 

"GAMING ESTABLISHMENTn. The term "gaming establishment" shall 

mean a place where Class III gaming is conducted on the Reservation. 

"GAMING OPERATIOW. The term "gaming operation" shall mean each 

economic entity that is liked by the Tribe, operates the games, receives the revenues, 

issues the prizes, and pays the expenses. Further, the term may apply to the Tribe, a 

management contractor, or other entity that may operate a gaming operation. 

"HOUSE BANKING GAMEn. The term "house'banking operation" shall mean 

any game of chance that is played with the house as a participant in the game, where the 

house takes on all players, collects fiom all losers, and pays all winners. - 

"INDIAN LANDSn or "RESERVATIONn. The terms "Indian lands" and 

"reservation" shall mean: 

A. Any lands within the exterior boundaries of the Blackfeet Indian 

Reservation; or 

B. Lands over which the Tribe exercises governmental power and that is 

either: 

(1) Held in trust by the United States for the benefit of the Blackfeet 

Tribe or individual; or 

(2) Held by the Blackfeet Indian Tribe or individual, subject to 

restriction by the United States against alienation. 

"KEY EMPLOYEEn. The term "key employee" shall mean: 

A. A person who performs one or more of the following functions: 

(I) Bingo caller; 

(1) Counting room supervisor; 
Blackfeet Nation 

Gaming Ordinance 

(2) Chief of security; 

(3) Custodian of gaming supplies or cash; 

(4) Floor manager; 

(5) Pit boss; 

(6) Dealer; 

(7) Croupier; 

(8) Approved of credit; or 

(9) Custodian of gaming devices, including persons with access to cash 

and accounting records within such devices. 

B. If not otherwise included above: 

(1) Any other person whose total cash compensation is in excess of 

$50,000 per year; or 

(2) If not otherwise included, the four most highly compensated persons in 

any gaming operation. 

"LICENSEn. The term "license" shall mean a person to whom a license is 

issued. The issuance of 'a license shall not create property or liberty interest in such 

license for the benefit of the licensee. 

"MANAGEMENT CONTRACTn. The term "management contract" shall 

mean any contract, subcontract, or collateral agreement between the Tribe and a 

contractor or between a contractor and subcontractor if such contract or agreement 

provides for the management of all or part of a gaming operation. 

"MANAGEMENT ENTITYn or "CONTROLLING SHAREHOLDERn. 

The terms "management entity" or "controlling shareholder" shall apply to: 

A. When a person is party to a management contract, any person having a 

direct financial interest in such management contract; 

B. When a trust is a party to a management contrakt, any beneficiary or 

trustee; 

C. When a partnership is a party. to a management contract, any person who 

is a director or who holds at least 10% of the issued and outstanding stock, alone or in 

combination with another stockholder who is a spouse, parent, child, or sibling; 

D. With respect to any non-natural person with an interest in a trust, 

partnership or corporation that has an interest in a management contract, all beneficiaries, 

trustees, partners, .or directors of, and five (5) percent stockholders of, such non-natural 

person. 

"MINORn. The term ''minor" shall mean any individual under the age of 

eighteen (1 8) years of age. 
Blackfeet Nation 5 

Garmng Ordinance 

- a 

"ORDINANCE". The term "ordinance" shall mean Blackfeet Tribal Ordinance 

No. 101. 

"PERSON". The term "person" shall mean any individual, co-partnership, or 

corporation who owns or operates premises, which have been licensed by the Tribe. 

"PRIMARY MANAGEMENT OFFICIAL". The term "primary management 

official" shall mean: 

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 

(3) For financial management. 

C. The chief financial officer or other person who has financial management 

responsibility for any gaming operation; 

D. Any person who is considered a controlling shareholder; 

E. Any person the commission designated by commission rules as primary 

management official. 

'"I'RIBE". The Blackfeet Tribe of the Blackfeet Indlan Reservation. 

A. Scope. Class I11 gaming on the Reservation shall be permitted only in 

accordance with the terms of this Ordinance and the rules and regulations 

made pursuant hereto, and all other gambling is prohibited with the 

exception of traditional forms of gambling such as stick game or hand 

game or any other form of traditional category. The final determination as 

to whether or not such gaming is traditional and protected under this 

Ordinance shall be by the Blackfeet Gaming Commission, and gaming 

done in accordance with the Class I1 Ordinance governing Class I1 

gaming. 

B. Unauthorized Gaming. Any person who commits any act of 

unauthorized gaming pursuant to this Ordinance on the Reservation or any 

other Tribal lands shall be guilty of a crime and shall be prosecuted in 

Tribal Court andlor any other court of competent jurisdiction. 

SECTION 5. GROSS AND NET REVENUES 
Blackfeet Nation 

Gaming Ordinance 

- ' - 

A. Gross Revenues.' For the purposes of this Ordinance, the total amount of 

all money wagered on Class I11 games authorized by and conducted 

pursuant to the Ordinance. 

B. Net Revenues. For purposes of this Ordinance, gross revenues of all 

Class 111 gaming activity less amounts paid out as, or paid for, prizes and 

total operating expenses, excluding management fees, attributable in 

accordance with generally' accepted casino accounting principles of the 

American Institute of Certified Public Accountants to the operation of 

Class I11 gaming activity. 

SECTION 6. BLACKFEET GAMING COMMISSION; OFFICERS; DUTIES. 

A. General. There shall be formed a commission known as the Blackfeet 

Gaming Commission (Commission) which shall be appointed by the 

Council and shall consist of five (5) enrolled members of the Tribe. 

B. Officers. he ~o~ssio~shall select fiom within its membership a 

Chairman, Vice-Chairman and Secretary. The Chairman shall be in 

charge of calling all meetings of the Commission and shall chair all 

meetings. The Chairman shall not make motions and shall vote only in the 

event of a tie among the remaining members of the Commission. The 

Vice-Chairman will act in the absence of the chairman. The Secretary 

shall be in charge of keeping the minutes of all Commission meetings and 

hearings and submitting such minutes to the Council. The Secretary will 

also perform inform other commission members of meeting cancellations, 

complaints for review, and meeting agenda. 

C. Quorum. A quorum of the Commission shall consist of 5 1% or more of 

the total Commission membership or three (3) members. A quorum shall 

be required for all official meetings of the Commission. 

D. Powers of the Commission. The Commission shall have authority to 

enforce any provisions of this Ordinance, including any rules and 

regulations adopted by the Commission pursuant hereto. The Commission 

shall also conduct hearings on any applicable dispute brought under this 

Ordinance, with the exception of criminal hearings on criminal charges 

made under this Ordinance or any rules and regulations of the 

Commission. The Commission shall be granted any additional duties as 

outlined in the Commission Guidelines and Responsibilities Manual. An 

Appeal fiom any decision of the Commission shall be in accordance with 

the appeals procedure set forth in this Ordinance. 
Blackfeet Nation 

Gaming Ordinance 

In addition to and in conjunction with the powers and responsibilities 

listed in this Ordinance, the rules, and other applicable law and regulations 

the Commission shall have power to: 

(1) Issue orders of temporary closure of gaming activities for 

violations of this gaming ordinance or of contractual obligations to 

the Tribe, the IGRA, or the approved Class 111 compact or orders 

of permanent closure of gaming activities for violations of this 

gaming ordinance. Tribal gaming regulations or contractual 

obligations to the Tribe; 

(2) Initiate civil and criminal actions in court to enforce provisions of 

this ordinance, tribal gaming regulations, or the IGRA; 

(3) Negotiate and approve management agreements for Class I1 

gaming to be submitted to the Council for approval by Council 

resolution; 

(4) Approve, deny, or revoke gaming licenses for Class 11 or Class 111 

gaming; 

(5) Monitor all -gaming activities conducted on the Reservation lands 

on a continuing basis; 

(6) Insure that background investigations are conducted as required by 

this Ordinance and the IGRA as well as conduct such additional 

investigation, as the Commission deems necessary; 

(7) Demand access to and inspect, examine, copy, and audit all papers, 

books, and records concerning activities and revenues of any 

gaming ,activity conducted on the ,Reservation and any other 

matters necessary to cany out their duties under this Ordinance; 

(8) Conduct such hearings as the Commission 'may deem appropriate 

in carrying out its duties, including administering oaths or 

affirmations to witnesses and issuing subpoenas to compel 

witnesses to appear at such hearings; 

(9) When information is received through audits or other 

investigations that indicates a violation of Tribal, Federal, or 

applicable State ordinances, laws, or regulations, to treat as 

confidential and provide such information to the appropriate law 

enforcement officials; 

(10) Adopt regulations deemed necessary to clarify or enforce the 

provisions of this Ordinance or Tribal rights and interests 
Blackfeet Nation 

Gaming Ordinance 

established, in approved management agreements or an Approved 

Class I11 dompact; and 

(1 1) Adopt Blackfeet Tribal Class I1 and Class I11 gaming license 

applications. 

E. Background Investi~ations. Prior to appointment, the Tribe shall 

conduct an investigation into the background and personal histories of all 

candidates for positions on the Commission in order to insure that no 

person may serve on the Commission unless they meet the licensing 

standards otherwise applicable to applicants for a Tribal gaming license. 

Vacancies shall be filled on an interim or permanent basis by appointment 

by the Council. No member of the Commission, nor any member of the 

immediate family of any member of the Commission may: 

(1) Be employed in the operations of Class 111 gaming; 

(2) Participate -in any gaming activity offered by the Tribe in its 

gaming facilities; 

(3) Solicit or accept employment from any person or entity licensed by 

the Commission either during a member's term or for a period of 

one (1) year thereafter, provided, however, that this restriction 

shall not apply to persons or entities licensed to provide nongaming goods or services. 

(4) During the member's term, own any securities of, or any ownership 

interest whatsoever in, any entity licensed by the Commission, 

provided, however, that this restriction shall not apply to publicly held 

corporations if the ownership therein is less than 5%. 

SECTION 7. TRIBAL COMMISSION- TERMS OF OFFICE; REMOVAL 

FROM OFFICE. 

Initial appointment to the Commission shall be for terms as follows: 

A. The Chairman for a term of three (3) years. 

B. One associate member for a term of two (2) years. 

C. One associate member for a term of one (I) year. 

After the initial appointments, all members shall serve for a term of three (3) 

years. There shall be no limitation on the number of terms that any member may serve. 

Each member shall serve for the duration of his or her term and until a successor shall be 

duly appointed and qualified, provided, however, that in the event a successor is not duly 
Blackfeet Nation 

Gaming Ordinance 

appointed and qualified within 120 days after the expiration of a member's-term, a 

vacancy shall be deemed to exist. 

Members of the Commission may be removed with cause by a majority vote of 

the Council. Cause for removal shall include, but not be limited to, misconduct in office, 

willfil neglect of duty, unfitness for office, and incompetence. Members of the 

Commission may be removed without cause by unanimous vote of the entire Council. 

Any member shall automatically forfeit his or her office upon conviction of any 

crime enumerated in Tribal or Federal statutes which carries a maximum possible penalty 

of five (5) years or more, or upon conviction of any like crime in any other jurisdiction, 

or upon conviction of any Federal crime. 

SECTION 8. EXECUTIVE DIRECTOR 

There is hereby created within the Commission the position of Executive 

Director. The Executive Director shall be appointed by the Council, which shall also set 

the Executive Director's term of compensation. The Executive Director shall report and 

be accountable to the' codssion; shall be responsible for supervision and 

administration of the operational responsibilities of the Commission; and shall carry out 

the policies promulgated by the Commission. The Executive Director shall serve on a 

full-time basis. Prior to appointment, the Tribe shall conduct an investigation into the 

background and history of the candidate for Executive Director in order to insure that no 

person may serve as Executive Director unless that person meets the licensing standards 

otherwise applicable to applicants for a Tribal gaming license. The restrictions to 

Commissioners and the immediate family members of Commissioners pursuant to 

Section 6(e) of this Ordinance shall be similarly applicable to the Executive Director and 

his or her immediate family. At any time during which there exists a vacancy in the 

office of Executive Director, the Chairman shall perform the duties and responsibilities of 

the Executive Director. 

SECTION 9. GENERAL COUNSEL. 

There is hereby created within the Commission the office of the General Counsel. 

The General Counsel shall represent the interests of the Commission in all legal respects. 

The General Counsel shall represent the Commission on all contested matters, shall 

attend such meetings of the Commission as may be practicable upon the request of the 

Commission, and shall advise the Commission in all legal questions and shall assist the 

Commission in the proper administration of its affairs. 

SECTION 10. TRIBAL COMMISSION- RESPONSIBILITIES. 

The Commission shall have primary responsibility for establishment of regulatory 

policy, and administrative enforcement of that policy, and, through its agents and 

employees, for the on-site regulation, control, and security of any Class 111 gaming 
Blackfeet Nation 

Gaming Ordinance 

facilities and operations. Thus administered, the responsibilities of the Commission shall 

include: # 

A. The physical safety of patrons in the gaming facilities and operations; 

B. The physical safety of personnel employed by the gaming facilities and 

operations; 

C. The physical safeguarding of assets transported to and fiom the gaming 

facilities and cashier's cage department; 

D. Protecting the gaming facilities and operations fiom illegal activity; 

E. Identifying all people and entities that may be involved in illegal activity 

for the purpose of notifying when appropriate, the appropriate law 

enforcement agency(s); 

F. The recording of all unusual-occurrences within the gaming facilities and 

operation ih accordance wiih procedures to be established by the Tribe, 

which adequately provide for permanent recordation sufficient to 

appropriately document any such occurrence, including, but not limited to: 

(1) a sequential number; 

(2) the date; 

(3) the time; 

(4) the nature of the incident; 

(5) the persons or entities involved in the incident; and 

(6) the security or Commission employees assigned. 

The Tribal Commission shall employ duly qualified Compliance Officers 

who shall be independent of the gaming facilities and operation as well as 

the management company, and shall be supervised by and be accountable 

to the Commission. These Compliance Oficers shqll provide oversight to 

the services of any management company and any other service entity. 

These Compliance Officers shall repoh to the Executive Director 

regarding the failure by the Tribal gaming facilities or operations to 

comply with any provision of the Compact, or with any applicable laws, 

ordinances, or regulations. The Executive Director shall, in turn, report 

such failures to the Commission. The Compliance Officers shall receive 

patron complaints within the gaming facilities and operations, and shall 

assist in seeking voluntary resolution of such complaints. The 

~oknission, through its staff, shall investigate any report of a failure to 

comply with any provision of the Compact, or with any applicable laws, 

ordinances, or regulations. The Commission, upon receipt of reports from 

staff, may direct the terms and conditions of compliance to the Tribal 

gaming facilities and operations. As a condition of employment, 
Blackfeet Nation 

Gaming Ordinance 

Compliance officers shall be required to satisfy the standards applicable to 

a Tribal license ahd a State certification. The Commission shall establish 

the terms of compensation of the Compliance Officer. 

H. The Tribal Commission shall be present. in the gaming facilities and 

operations during all hours of operation through a Compliance Officer, 

and shall have immediate access to all areas of the gaming facilities and 

operations for the purpose of ensuring compliance with the provisions of 

the Compact and Tribal ordinances. Any violation of the Compact or 

Tribal ordinances by the Tribal gaming facilities or operations, gaming 

employee, or any other person, shall be reported immediately to the 

Commission, and shall be forwarded to the State as soon as reasonably 

practicable thereafter, but in no case in more than seven (7) days. In 

matters of suspected criminal activity, the State shall be afforded 

immediate and effective notification. 

I. The Commission, through its staff, shall investigate any reported violation 

of the Compact, and shall require the Tribal gaming operation to correct 

the violation upon such terms and conditions as directed by the 

Commission. The Commission is empowered to impose fines and any 

other sanctions against any licensee, employee, or any other person or 

entity directly or indirectly involved in or benefiting from the gaming 

facilities or operations. 

J. Upon completion, the Commission shall forward copies of all 

investigation reports and final dispositions to the proper law enforcement 

agency. If requested by the Commission, the State may assist in any 

administrative investigation initiated by the Commission, and may provide 

other requested services to ensure compliance with the Compact and 

Tribal ordinances and laws. 

K. The Commission shall conduct all licensing duties imposed upon the Tribe 

pursuant to the Compact and Section 6 of this Ordinance. The 

Commission will perform background investigations and issue licenses to 

key employees and primary management oficials according to the 

requirements at least as stringent as those outlined in the regulations of the 

National Indian Gaming Commission at 25 C.F.R. Parts 556 and 558. 

The Commission shall ensure that the policies and procedures set out in this subsection are established and implemented with respect to key employees and primary 

management officials employed at any Class I11 gaming enterprise operated on Blackfeet 

IndianLands. . 
Blackfeet Nation 

Gaming Ordinance 

SECTION 11. REPORT TO THE NATIONAL INDIAN GAMING 

COMMISSION 

A. Unless otherwise authorized by the National Indian gaming Commission, 

pursuant to the procedures set out in Section 16 of this Section, the 

Commission 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: 

(1) Steps taken in conducting a background investigation; 

(2) Results obtained; 

(3) Conclusions reached, and 

(4) The basis for those conclusions. 

B. The Commission shall submit, with the report, a copy of the eligibility 

determination made under Section 16 of this Ordinance. 

- 

C. If a license is not issued to a.i applicant, the Commission: 

(1) Shall notify the National Indian Gaming Commission (NIGC); and 

(2) May foxward copies of its eligibility determination and 

investigative report (if any) to the NIGC for inclusion in the Indian 

Gaming Individual Records System. 

D. With respect to key employees and primary management officials, the 

Commission shall retain applications for employment and reports (if any) 

of background investigations for inspection by the Chairman of the NIGC 

or his or her designee for no less than three 930 years fiom the date of 

termination of employment. 

SECTION 12. ELIGIBILITY OF APPLICANT 

To determine whether an applicant is eligible to reqeive a gkning license fiom the 

Tribe, the Commission shall consider the results fiom all background investigative work 

performed. Based on these findings, the Commission may refuse to issue a gaming 

license to the applicant if the Commission determines the applicant is ineligible, or, in the 

judgment of the commission, it would be in the best interest of the Tribe to refuse to grant 

such license. In addition to any further requirements, a license shall not be issued to a 

person: 

A. ~hb has been convicted of a felony offense within ten (10) years of the 

date of application or is on probation or parole or under deferred 

prosecution for committing a felony offense; or 

B. . Whose license issued under this law has been revoked for cause; or 
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C. Who at the time d application for renewal of any license issued iereunder 

would not be eligible for such license upon a first application; or 

D. Who is not a citizen of the United States and who has not been a resident 

of the Reservation for at least one (1) year immediately proceeding the 

filing of the application for license; or 

E. Who poses a threat to the public interest. 

Additional regulations and rules may also be adopted for the purpose of the 

protection of the public health, welfare, and safety of the residents of the Reservation and 

to assure compliance with the intent of this law. The Council must approve any 

regulations adopted by the Commission pursuant to this Ordinance. 

SECTION 13. GAMBLING EXEMPT FROM LICENSING FEE. 

The following forms of gambling shall be permitted without the payment of any 

license fee: 

A. Raffles conducted for charitable purposes; 

B. Sports or any other gambling pool where no percentage or rake-off is 

made or collected by any person or persons conducting the pool; 

C. Gambling in private homes, provided that the home does not meet the 

definition of a gaming establishment set out in Section 3, above; 

D. All forms of gambling conducted on the grounds of traditional Tribal 

celebrations, including Indian Days at Starr School, Browning, Heart 

Butte, and Two Medicine, and all gambling conducted during stick game 

or hand game tournaments. 

SECTION 14. OWNERSHIP OF GAMING. 

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

conduct of any gaming operation authorized by this Ordinance. Unless otherwise 

specified in a management contract entered into by the Tribe, the Tribe shall have the 

sole control over any bank accounts holding any financial assets related to the Tribe's 

gaming operations. 

SECTION 15. PROTECTION OF ENVIRONMENT. 

A. Gaming facility construction, as well as the operation of any gaming by 

the Tribe, shall be conducted in a manner that adequately protects the 

environment and the public welfare. 
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B. Whenever a management contract provides for the development and 

construction of gahing facilities, the management contractor shall provide 

environmental information as may be necessary by the NIGC. 

SECTION 16. PROCEDURES FOR LICENSING KEY EMPLOYEES & 

PRIMARY MANAGEMENT OFFICIALS. 

A. Each key employee or primary management official that will be 

responsible for the conduct and operation of a Tribal gaming operation 

must apply for a Blackfeet Tribal Class 111 gaming license from the 

Commission, and provide the appropriate application fee. 

B. As a part of the application process, the applicant shall be notified that a 

background investigation will be conducted on all key employees and 

primary management officials. 

C. Before the Commission shall conduct a background investigation, the 

applicant rnwt review the fqflowing notice and consent to the procedures 

proscribed therein. The 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 USC 2701 et seq. The purpose of the requested 

information is to determine the eligibility of individuals to be employed in a gaming operation. 

The National Indian Gaming Commission members and staff who have need for the information in 

the performance of their official duties will use the information. The information may be disclosed 

to appropriate federal, tribal, state, local, or foreign law enforcement 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 tot this 

notice will result in a tribe's Wig unable to hire you in a primary management official or key 

employee position. 

D. The disclosure of a key employee or primary management official's social 

security number (SSN) is required as failure to supply a SSN may result in 

errors in processing the application. 

E. Existing key employees ad primary management officials shall be 

notified in writing that they shall either: 

(1) Complete a new application form that contains a Privacy Act 

notice; or 

(2) .. Sign a statement that contains the Privacy Act Notice and Consent 

to the routine uses described in that notice. 

F. The Blackfeet Tribe shall place the following notice on the application 

form for a key employee or a primary management official before an 

applicant fills out that form: 
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- I 

A false statement40f any part of your application may be grounh for not 

hiring you, or for firing you after you begin work. Also, you may be 

punished by fine or imprisonment (US. Code Title 18, Section 1001) 

The Tribe shall noti@ in writing existing key employees and primary 

management officials that they shall either: 

(1) Complete a new application form that contains a Privacy Act 

Notice; or 

(2) Sign a statement that contains the notice regarding false 

statements. 

SECTION 17. BACKGROUND INVESTIGATIONS. 

A. The Commission shall request fiom each primary management official 

and fiom each key employee all of the following information: 

(1) Full' name, 'other naines used (oral or written), SSN, birth date, 

place of birth, citizenship, gender, all languages (spoken and 

written), driver's license number; 

(2) Currently and for the past five (5) years: business and employment 

history, ownership interest in any business, business and residential 

address; 

(3) Names and current addresses of at least three personal references, 

including one who was acquainted with the applicant during the 

period of residence listed in A(2) of this section. 

(4) Current business and residence telephone numbers; 

(5) A description of any and existing business relationships with 

Indian tribes, including ownership interest id those businesses; 

(6) A description of any existing and previous business relationship 

with the gaming industry generally, including ownership interest in 

those businesses; 

(7) The name and address of any licensing or regulatory agency with 

which the applicant has filed an application for license or permit 

related to gaming, whether or not it was granted; 

(8) For each felony for which there is an ongoing prosecution or 

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

involved and the date and disposition, if any; 
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(9) For each misdemeanor (excluding minor traffic violatibns) for 

which there is an ongoing prosecution or conviction, the charge, 

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

disposition, if any; 

(10) A current photograph; 

(1 1) Any other information deemed relevant by the Commission or the 

Tribe; and 

(12) Fingerprints consistent with procedures adopted by the Tribe 

according to 25 C.F.R. Section 522.2(h). Consider designating 

local law enforcement. 

B. The Commission shall conduct an investigation sufficient to make a 

determination under Section C below. .In conducting a background 

investigation, the Commission or its agent shall promise to keep 

confidential- the identity of each person interviewed in the course of the 

investigation. 

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

include the following: 

(I) VerifL by written or oral communication information submitted by 

the applicant. 

(2) Inquire into the applicant's prior activities, criminal record, if any, 

and reputation, habits and associations; interview a sufficient 

number of knowledgeable people such as former employers, 

personal references, and others to whom referred in order 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 

disqualieing information obtained. 

D. An investigative report shall set forth the following: 

(1) Steps taken in conducting the background investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The basis for those conclusions. 

SECTION' 18. ELIGIBILITY DETERMINATION 

The Commission 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 
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the Commission determines that ,employment of the person poses a threat to tht public 

interest or to the effective regulsltion of gaming, or practices or 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. 

SECTION 19. PROCEDURES FOR FORWARDING, APPLICATION 

AND REPORTS FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT 

OFFICIALS TO THE NATIONAL INDIAN GAMING COMMISSION. 

A. When a key employee or primary management official begins work at a 

gaming operation authorized by this Ordinance, the Commission shall 

forward to the NIGC a completed application for employment and conduct 

the background investigation and make the determination referred to in 

Section 18 of this Ordinance. 

B. The Commission shall forward the report subsection 17C of this Section to 

the NIGC within 60 days after an employee begin work or within 60 days 

of the approval of the Blackfeet Tribal Gaming Ordinance by the 

Chairman of the NIGC. 

SECTION 20. MANAGEMENT AGREEMENTS AUTHORIZED. 

The Tribe, my majority vote of the Council, may choose to contract with a third 

party for the management of Class 11. gaming. Any such contract shall conform in all 

respects with the requirements of the Act, including submission to and approval of the 

Tribal Commission and the Chairman of the NIGC, pursuant to 25 U.S.C. 27 1 1 & 27 12. 

Any such contract must provide, at a minimum: 

A. For adequate accounting procedures that are maintained and for verifiable 

financial reports that are prepared, by or for the Tribal Council on a 

monthly basis. 

B. For access to the daily operations of the gaming to' the Commission who 

shall also have a right to verify the daily gross revenue and income made 

from any such tribal gaming activity. 

C. For a minimum guaranteed payment to the Tribe that has preference over 

the retirement of development and construction costs. 

D. For an agreed ceiling for the repayment of development and construction 

costs. 

E. For a contract term not to exceed five years, except that, upon the request 

of the Tribe, the Chairman of the NIGC may authorize a contract term that 

exceeds five (5) years but does not exceed seven (7) years, if said 

Chairman is satisfied that the capital investment required, and the income 
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projections, for the particular gaming activity require the additional time; 

and I 

F. For grounds and mechanisms for terminating such contract, but actual 

contract termination shall not require the approval of the NIGC. 

SECTION 21. SOLE PROPRIETARY INTEREST IN THE TRIBE. 

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

conduct of any gaming operation unless it elects to allow individually owned gaming 

under Section 14 of this Ordinance. 

SECTION 22. APPLICATION OF NET REVENUES. 

Net revenues from the conduct of Class 111 gaming shall be utilized for the general 

benefit of the Tribe. Expenditures shall be prioritized in order to insure that these general 

purposes are served. Accordingly, net revenues shall not be used for purposes other than: 

- 

A. To hd ~hbal government operations and programs, including, but not 

limited to, educational grant programs. 

B. To provide for the general welfare of the Tribe and its members, 

including, but not limited to, the funding of health programs and facilities. 

C. To promote Tribal economic development, including, but not limited to, 

low interest business loans. 

D. To donate to charitable organizations. 

E. To help fhd operations of local governmental agencies. 

F. Any purpose authorized by the IGRA. 

Per capita distributions shall only be authorized in accordance with a plan for 

such distributions that satisfies the requirements of 25 U.S.C. 2710(b)(3) and which has 

been approved by the Secretary of the Interior. 

No per capita distribution shall precede the use of net proceeds for general 

community benefit as outlined above. 

SECTION 23. GRANTING A GAMTNG LICENSE. 

A. If, within a thirty (30) day period after the NIGC notifies the Tribe that it 

has no objection to the issuance of a license pursuant to an application 

filed by a key employee or primary management official following the 
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process described,herein, the Commission may issue a license-to such 

applicant. a 

B. The Commission shall respond to a request for additional information 

from the Chairman of the NIGC concerning a key employee or primary 

management official who is the subject of the report. Such request shall 

suspend the thirty (30) day period under Section 23A of this Ordinance 

until the Chairman of the NIGC receives the additional information. 

C. If, within thirty (30) day period described above, the NIGC provided the 

Commission provided the Commission with a statement itemizing 

objections to the issuance of a license to a key employee or primary 

management official for whom the Commission has provided an 

application and investigative report to the NIGC, the Commission shall 

reconsider the application, taking into account the objections itemized by 

the NIGC. The Commission shall make the final decision whether to issue 

a license to such applicant. 

SECTION 24. LICENSE SUSPENSION. 

A. If, after the issuance of a gaming license, the Commission receives from 

the NIGC reliable information indicating that a key employee or a primary 

management official is not eligible for employment under Section 18 

above, the Commission shall suspend such license and shall notify in 

writing the licensee of the suspension and the proposed revocation. 

B. The Commission shall notify the licensee of a time and place for a hearing 

on the proposed revocation of a license. 

C. After a revocation hearing, the Commission shall decide to revoke or to 

reinstate the license. The Commission shall notify the NIGC of its 

decision. 

SECTION 25. LICENSE LOCATIONS. 

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

on Indian lands where Class I1 and Class 111 gaming is conducted under this Ordinance. 

SECTION 26. GAMBLING ESTABLISHMENTS DEFINED 

A gambling establishment is defined as a place where: 

A. People are employed to gamble with others; andlor 

B. People are encouraged to enter the premises solely to gamble; and/or 
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C. Gambling is offer4 or advertised on a regular basis; andlor : . D. A place or premises where gambling is being conducted by a specific 

person, corporation, partnership, business or other entity for pecuniary 

gain. 

SECTION 27. LEGAL AGE FOR GAMBLING. 

No person under the age of eighteen (1 8) years shall be permitted to participate in 

any game or games of chance held, operated, or conducted pursuant to this Ordinance, 

excepting traditional forms of gambling protected under this law. Provided, however, 

that this provision is not intended to change existing law relating to sale of alcoholic 

beverages, in so much as that law sets the minimum age for persons entering businesses 

which sell alcoholic beverages for on-premises consumption. 

SECTION 28. FRAUDELENT CONDUCT WHILE GAMBLING. 

It shall be unlawfyl to conduct or participate in a' gambling game authorized by 

this law and the rules and regulations of the Commission in a manner which results in 

cheating, misrepresentation or other such disreputable tactics which distract from a fair 

and equal chance for all participants or which otherwise affects the outcome of the 

gambling game. 

A. UNLAWFUL PRACTICES. It shall be unlawful to conduct or 

participate in any gambling or gaming activity authorized by this 

Ordinance in any manner which results in cheating, misrepresentation, or 

other such disreputable tactics which distract from a fair and equal chance 

for all participants or which otherwise affects the outcome of the game. 

In addition to other civil and criminal acts that may be regulated or 

prohibited by this Ordinance, the Compact, other Tribal law or applicable 

Federal law, the following shall constitute prohibited activities and 

unauthorized gaming under this Ordinance and shall subject any 

perpetrator to Commission, including, but not limited to, the imposition of 

civil penalties, referral to law enforcement for criminal proceedings, and 

license suspension or revocation: 

(1) Altering or misrepresenting the outcome of gaming or other event 

on which wagers have been made after the outcome of such 

gaming or event has been determined but before such outcome is 

revealed to the players; 

(2) Placing or increasing a bet or wager after acquiring knowledge of 

the outcome of the gaming or event which is the subject of the bet 

or wager, including past-posting and pressing bets; 
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Aiding anyone in acquiring such knowledge referrqd to in 

subsectio1l2 above, for the purpose of increasing or decreasing any 

bet or wager, or for the purpose of determining the course of play; 

Claiming, collecting or taking, or attempting to claim, collect or 

take, money or anything of value in or from a game with intent to 

defraud or claiming, collecting or taking an amount greater than 

the amount actually won in such game; 

Knowingly, enticing or inducing another to go to any place where 

gaming is conducted or operated in violation of the provisions of 

this Ordinance, with the intent that the other person play or 

participate in such gaming; 

Reducing the amount wagered or canceling a wager after acquiring 

knowledge of the outcome of the game or other event, which is the 

subject of the bet or wager, including pinching bets; 

~a&~ulatkg, with intent to cheat or defiaud, any component or 

part of a game, any part or component of a game in a manner 

contrary to the designated and normal operational purpose for such 

component or part, with knowledge that the manipulation will 

affect the outcome of the game, or with knowledge of any event 

that affects the outcome of the game; 

Defkauding the Tribe, any licensee, or any participant in any 

gaming; 

Participating in any gaming not authorized under this Ordinance 

and the Compact; 

Knowingly providing false information or making any false 

statement with respect to an application for employment or for any 

license, certification, or determination provided for in this 

Ordinance; 

(1 1) Knowingly providing false or misleading information or making 

any false or misleading statement to the Tribe, the Commission, or 

the Executive Director, in connection with any contract for 

services or property related to gaming. 

(12)' Knowingly making any false or misleading statement in response 

to any official inquiry by the Commission or its agents; 

(13) Offering or attempting to offer any thing of value, to a licensee in 

an attempt to induce the licensee to act or refiain fiom acting in a 
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manner contrary to the official duties of the licensee u6der this 

Ordinance; the rules, Tribal and Federal law or specifically IGRA; 

(14) Acceptance by a licensee of any thing of value with the 

expectation that receipt of such thing of value is intended, or may 

be perceived as intended, to induce the licensee to act or refrain 

from acting, in a manner contrary to the official duties of the 

licensee under this Ordinance, the rules, Tribal and Federal law, or 

the IGRA; 

(15) Falsifying, destroying, erasing, or altering any books, computer 

data, records, or other information related to a gaming operation in 

ways other than is provided in approved internal control 

procedures; 

(16) Taking any action which interferes with or prevents the 

Commission or the Council fiom fulfilling its duties and 

responsibilities undecthis Ordinance, the rules or the IGRA; 

(17) Entering into any contract, or making payment on any contract for 

the delivery of goods or services to a gaming operation, when such 

contract fails to provide for or result in the delivery of goods or 

services of fair value for the payment made or contemplated; and 

(18) Except as specifically permitted by the Commission, no person 

shall possess, with the intent to use in connection with gaming, 

either individually or in concert with others, any calculator, 

computer, or electronic or mechanical device to assist in projecting 

the outcome or odds of such gaming, to keep track of or analyze 

cards, or to change probabilities of any game or the playing 

strategies regularly utilized in such gaming. 

Any person who willfully and knowingly engages in any.'of the above conduct 

and who is found guilty thereof shall be fined no less than five hundred dollars ($500.00) 

and no more than five thousand dollars ($5000.00) and/or imprisoned for up to one (1) 

year in jail. 

B. CML SANCTIONS. When appropriate, as an alternative to criminal 

prosecution, individuals found to be in violation of this code by the 

Gaming Agent, shall be subject to a civil proceeding, wherein the court 

may order prejudgment attachment of property and/or hnds used or 

gained in violation of this code, together with civil sanction, including but 

not limited to an assessment of a fine in an amount of up to $5,000.00 per 

day of violation. All actions and proceedings in court must comply with 

existing Tribal procedures set forth in the Tribal Code. 
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C. ALTERNATIVE, SANCTIONS. Individuals found to be in -Violation 

shall be subject'to only one proceeding, criminal or civil, for each 

violation. Alternative civil or criminal proceedings are allowed to provide 

effective enforcement based on the circumstances of each case. The 

choice of civil or criminal proceedings in a given case is discretionary, and 

shall not be construed as discriminatory, unless there is substantial 

evidence to show that the individual so deciding clearly abused discretion. 

SECTION 29. ENFORCEMENT. 

It shall be the duty of all peace officers of the Blackfeet Tribe to enforce the 

provisions of this Ordinance, either upon a complaint from the Commission or any person 

or persons or upon their own knowledge, and to arrest and complain against any person 

violating any provision of this Ordinance or the rules and regulations of the Commission 

to which are attached criminal penalties as set out in Section 35. 

It is further the duty of the Commission to report any violations to the proper law 

enforcement agency for iqvestigation and ~ssible arrest. 

It shall be the duty of the Prosecutor of the Blackfeet Tribe to prosecute all 

violations of this Ordinance for which there are criminal penalties. 

It shall be a crime for any person or persons named herein to knowingly fail to 

perform his or her duty under this section and upon conviction of violating this section, 

the defendant may be fined up to five hundred dollars ($500.00) or imprisoned for a 

period not to exceed six (6) months, or both. 

SECTION 30. PROCEDURES FOR LICENSING AND RESTRICTIONS 

THEREON. 

The Commission shall have the authority to establish regulations governing the 

qualifications for and the issuance, suspension, and revocation of gaming licenses as 

mentioned under this Ordinance. These procedures include how td apply for a license or 

stamp and how to renew the same, together with rules on suspension or revocation of 

licenses. Such rules and regulations shall be posted in public places throughout the 

Reservation and initially published in the, local newspapers. These regulations, in 

addition to any other requirements, shall provide that no license be issued to: 

A. A person convicted of any major crime; 

B. A person whose license issued under this Ordinance has been revoked for 

cause. 

C. A person who, at the time of application for renewal of license issued 

hereunder, would not be eligible for such license upon first application. 
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D. A person not a citizen of the United States who has not been a resident of 

the State of ~oitana for at least one (1) year prior to the filing of the 

application for license; and 

E. A person who is not the owner and operator of the business or 

organization or other entity applying for license or who is not the operator 

of the specific gambling game for which license is applied. 

The Commission or Council may adopt additional regulations and rules for the 

purpose of protection of the public health, safety, and welfare of the residents of the 

Reservation and to assure compliance with the intent of this Ordinance. The Council 

must approve any regulations adopted by the Commission. 

SECTION 31. HEARINGS AND APPEAL. 

A. Hearinps. Any person or entity that feels aggrieved by any action of 

the Commission, may request a hearing before the Commission within ten 

(10) days after such action bas been taken. The Commission shall then 

hear the complaint within ten (10) days: A majority vote of five (5) 

members of the Commission is needed on any final decision, and such 

decision will be given to the person or entity requesting the hearing within 

one (1) day of the hearing. A decision of the Commission shall be final 

unless an appeal is allowed under subsection B below. 

B. Appeal. In the event new evidence, which might alter the hearing 

decision of the Commission, is acquired after the decision of the 

Commission pursuant to subsection A above is rendered, an appeal may be 

made to the Commission within ten (10) days after such evidence is 

discovered. In no event may an appeal be taken or allowed hereunder 

after more than thirty (30) days have passed since the Commission, made 

its original decision pursuant to subsection A. In the event an appeal is 

filed and allowed, the Commission shall hear it within ten (10) days after 

the filing of the appeal, and make its decision withih one (1) day after the 

hearing. The decision of the Commission is final. 

SECTION 32. AUDIT AND INTERNAL CONTROL. 

A. An independent audit shall be conducted annually on all Blackfeet Tribal 

gaming operations and submitted to the NIGC. All gaming related 

contracts that result in the purchase of supplies, services, and 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. 

The Commission shall promulgate rules governing the control of internal 

fiscal affairs of all gaming operations. At a minimum, such rules shall 
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require the consistent application of generally accepted asounting 

principles, and shall: 

(1) Prescribe minimum procedures for safeguarding of a gaming 

operation's assets and revenues, including recording of cash and 

evidence of indebtedness, and mandatory cowting procedures. 

Such rules shall establish a controlled environment, accounting 

system, and control procedures that safeguard the assets of the 

gaming operation, assure that the operating transactions are 

properly recorded, promote operational efficiency, and encourage 

adherence to the prescribed policies; 

(2) Prescribe minimum reporting requirements to the Commission; 

(3) Provide for the adoption and use of internal audits; 

(4) Formulate uniform accounts and accounting classifications to 

assure the consistency, comparability, and effective disclosure of 

finahcial information. Such accounts shall require that records be 

retained that reflect statistical drop (amount of cash wagered by 

patrons), statistical win (amount of cash won by the gaming 

operation), and the percentage of statistical win to statistical drop, 

or provide similar information for each type of game in each 

gaming operation; 

(5) Prescribe the intervals at which such information shall be 

furnished; 

(6) Provide for the maintenance of documentation, (i.e. checklists, 

programs, reports, etc.), to evidence all internal work performed as 

it relates to the requirements of this section; and 

(7) Provide that all financial statements and doctunentation referred to 

in this section be maintained for a minimum of five (5) years. 

B. Oversi~ht of Internal Fiscal Affairs. The Commission may require 

independent audits of the financial statements of any gaming operation. 

Such independent audit must apply and require the consistent application 

of Generally Accepted Accounting Principles, and shall: 

(1) Be conducted by independent accountants, knowledgeable in 

. casino audits and operations and licensed or certified to practice 

public accounting in the State of Montana; 

(2) Include an opinion, qualified or unqualified, or if appropriate, 

disclaim an opinion on the financial statements taken as a whole in 
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accordance with the standards established by rules and regulations 

of the Arntrican Institute of Certified Public Accountants. 

(3) Disclose whether the accounts, records and control procedures 

maintained by the gaming operation conform with this Ordinance 

and the rules; and 

(4) Provide a review of the internal financial controls of the audited 

gaming operation to disclose any deviation from the requirements 

of this Ordinance and the rules and report such findings to the 

Commission and the management of the audited gaming operation; 

and 

(5) Provide such other information, as the Commission deems 

necessary or appropriate. 

C. Conduct of Audit. 

(1) he' ~omnkssion shall cause to be conducted annually an 

independent audit of gaming operations and shall submit the 

resulting audit reports to the NIGC. 

(2) 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, and any 

other information the Commission deems necessary or appropriate 

shall be specifically included within the scope of the audit. 

Prohibition against Embezzlement. Any delay or action of any kind, 

which, in the opinion of the Commission is effectuated by a Licensee to 

unlawfully or improperly divert gaming or other proceeds properly 

belonging to the Tribe, shall constitute grounds for taking disciplinary 

action against that employee. If the Commission finds an unlawful 

diversion was attempted, it may sanction the Licensee, report the matter to 

appropriate law enforcement and gaming regulatory agencies for further 

action and take such other action as it deems necessary or appropriate. 

Sanctions may include the imposition of fines, andlor the revocation, 

suspension, or limitation of, or refusal to renew, any license. 

E. Non-Com~liance. Failure to comply with.any of the requirements of this 

section or the rules promulgated by the Commission or hereunder may be 

found to constitute a violation of this Ordinance. 
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SECTION 33. PROC'EDURES FOR RESOLVING DISPUTES WITH 

GAMING PUBLIC. 

A. Civil Rernedy/Enforcement/ADpeaYIssues with Ordinance. Should a 

dispute arise with a member for the gaming public concerning the 

enforcement of this Ordinance, the member of the public affected shall 

have the right to file a complaint, outlining their complaint/concern, with 

the Commission. The Commission shall afford the individual an 

opportunity to be heard, and decide the merits of the complaint. Wherever 

possible, a gaming agent shall seek to mitigate and resolve such concern 

prior to the scheduling of a hearing thereon. If not otherwise resolved, a 

hearing shall be conducted on the complaint/concern, and a timely 

decision made thereon. Final decisions shall be made in writing. 

Decisions of the Commission shall be final once rendered. 

B. Issues with gamin^ Establishment. Should a member of the public have 

a complaiqt against or with-a gaming establishment, licensed hereunder, 

wherein the licensing, operation or activities are drawn into question, a 

written complaint may be filed with the Commission, and a gaming agent 

delegated the responsibility to investigate such concern. Where possible, 

the gaming agent shall seek to mitigate and resolve the complaint. If not 

otherwise resolved, the agent may file a complaint in the Tribal Court on 

the matter, as set forth below, or may recommend a hearing be conducted 

before the Commission to further determine the merits of the concern. If a 

hearing is recommended, the Commission shall give the individual and the 

establishment notice of the hearing time and an opportunity to present 

their respective positions thereon. The Commission shall, after conduct a 

hearing, attempt mediation of the matter, and if still unresolved, determine 

a course of action for fill resolution. Such course may be that no action is 

warranted, that a complaint in Tribal Court for enforcement is required, or 

other appropriate action. 

C. General. Any person who conducts any unauthorized gaming or 

gambling activity or otherwise violates the provisions of this Ordinance, 

shall be subject to the sanctions and penalties contained in this Ordinance 

andlor in the Blackfeet Tribal Code as adopted and amended by the Tribe. 

D. Notice of Non-Com~Liance. The Gaming Agent, if he finds that an 

individual has failed to comply with the licensing, relicensing, fee, or tax 

requirements, shall deliver by first class mail, return receipt requested, a 

notice of non-compliance to the individual in violation, at the address 

provided in the licensing application. If, within fifteen (15) days of 

delivery, compliance is not effected, the Gaming Agent shall report the 

violation to the Tribal Court, and the individual in non-compliance shall 

be prosecuted or civil sanctions sought. Machines andlor equipment used 
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Gaming Ordinance 

in violation of this code shall be subject to seizure andlor forfeiwre, with 

or without notick. If the Gaming Agent or others learn of anyone 

operating a game or machine without license, such conduct shall be 

immediately reported to the Tribal Court for prosecution or civil sanction. 

E. Fines as Liens. Finestpenalties may be established as liens upon 

specifically described property involved in a violation of this Ordinance. 

In the case of real property, such order shall be filed for record notice with 

the Glacier County Clerk and Recorder andlor the Bureau of Indian 

Affairs. Liens on personal property shall be filed with the Secretary of 

State of Montana. Upon twenty (20) days written notice served, or fifty 

(50) days notice by publication, with opportunity to request a hearing on 

the maker no later than one (1) day after the expiration of the notice 

period, the Tribal Court may order the property sold at a public auction or 

forfeited to the Tribe. Proceeds fiom property sold will go to the Tribe. 

F. A~aeals to the Tribal Court. Any person or entity wishing to appeal any 

decision of~the Tribal Court shall follow the procedures outlined in the 

Blackfeet Tribal Code. 

SECTION 34. EXCLUSION OF PERSONS FROM FACILITY. It shall be a 

violation of this Ordinance for any licensee to knowingly fail to exclude from the gaming 

area of a gaming establishment any individual who: 

A. Is visibly under the influence of alcohol, a drug, or other intoxicating 

substance; 

B. Is under the age of eighteen years of age; 

C. Is displaying disorderly conduct; 

D. Is a person known to have committed a gaming felony; 

E. Is known to have a reputation for cheating or manipulation of games; or 

F. Has been personally excluded, or is a member of any group or type of 

persons which have been excluded for cause from gaming establishments 

by resolution of the Commission. 

G. Ri~ht to Exclude or Remove If the Commission deems it in the best 

interest of the Tribe, the Commission may exclude or remove any persons 

from the premises of any gaming operation. Any person so excluded shall 

be entitled to a hearing as provided within this Ordinance and shall have 

the rights provided to "Applicant or Licensee" therein. The manager of 

any gaming operation shall also have the authority to exclude or remove 
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Gaming Ordinance 

any person from ~e gaming establishment, and all such action$-shall be 

reported to the Cdmmission within 24 hours of the taking of such action. 

H. Right to Permanently exclude or remove 

(1) The Commission shall have the power and authority to 

permanently exclude any person from gaming establishments who 

has caused a serious or repeated disturbance, inappropriate action, 

or in any other way has interfered with the orderly conduct of 

ordinary business in the facility. 

(2) Only the Chairman of the commission before a properly convened 

meeting of the Commissioners may bring the request for 

permanent exclusion of a person. The Commissioners may 

consider the Chairman's request in an open or closed meeting, and 

may or may not, at their complete discretion, allow the person 

subject to the request, to attend the meeting of the Commissioners. 

Except as otherwise provided, the decision of the Commission is 

find, and not subjectto review. 

(3) When the Commission has determined that a person shall be 

permanently excluded from the facility, that person's name shall be 

reported to the Tribal Gaming Enforcement Agents and the proper 

law enforcement agency. 

(4) The Commission or any of its agents shall notify the person 

permanently excluded of the Commission's decision, in writing, 

either by personally delivering the notice by handing it to the 

person or by mailing it by certified mail to the person's last known 

address. 

a. Should the person who has been excluded be a member of the 

Tribe, that person may request that .the Tribe review the 

decision of the Commission, and make its own independent 

determination. The determination of the Council shall be final, 

and not subject to review. 

SECTION 35. RULES OF PROCEDURE FOR HEARINGS. 

A. Scope of Rules of Procedure All license hearings, enforcement hearings, 

and exclusion hearings conducted by the Commission or the Council shall 

be governed by this Section. 
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Gaming Ordinance 

(1) The Commission shall afford an applicant an opportunity for 

hearing prior to any action by the Commission on an application, 

other than an unconditional grant of a license. 

(2) The Commission shall afford a licensee opportunity for a hearing 

prior to taking final action resulting in the revocation of the 

License or the imposition of any penalties which the Commission 

is authorized to impose pursuant to this Ordinance. 

(3) Nothing in this Section shall limit the Commission's authority to 

summarily suspend or revoke a license without a hearing pursuant 

to any other section in this Ordinance. 

C. Notice of Hearing 

(1) The Commission shall provide written notice to the Applicant or 

Licensee of the hearing at least ten (10) days prior to the date set 

for ibe he&ng. The date the Applicant or Licensee receives the 

notice shall be considered full days notice under this Section. The 

notice shall be sent by registered or certified mail, or may be 

personally served upon the Applicaxit or Licensee. The notice shall 

state the date, time, and place of the hearing. The notice shall also 

contain an indication of the action(s) being considered by the 

Commission, including, but not limited to: 

(1) Whether the Commission is holding the hearing for the 

purpose of obtaining information from the applicant; 

(2) Whether the Commission will be considering the grant or 

denial of the license application; 

(3) Whether the Commission 'will be examining any alleged 

violations of the Ordinance, Compact, the IGRA, the 

conditions of any license issued by .the Commission, any 

order by the Commission, or any other applicable laws, 

regulations, or agreements; or 

(4) Whether any other sanctions or penalties will be considered. 

The notice shall also contain a short, plain statement of the reasons the 

Commission determines the hearing necessary. 

D. Ex-parte Communications 

(1) No ex-parte communication relative to the action being considered 

by the Commission shall be made before a decision is rendered, to 

any member of the Commission by or on behalf of the applicant or 
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Gaming Ordinance 

licensee or,any legal representative of the same including; but not 

limited to,'threats or offers of reward. 

(2) Nothing in this section shall prevent the applicant, licensee, or its 

authorized agent from communicating with the Commission's 

legal counsel. 

(3) Any member of the Commission who receives ex-parte 

communication shall immediately report the same to the 

Commission's legal counsel. 

(4) For purposes of this section only, the action(s) being considered by 

the Commission shall be those matters identified in the written 

notice as provided in Section 8.03(a) of this Ordinance, as well as 

any other matters actually considered by the Commission during a 

hearing. All matters identified in the written notice shall be subject 

to the prohibition against ex-parte communication. All matters not 

identified that are considered by the Commission during a hearing 

becbrne subject to piohibition of ex-parte communication as soon 

as they are discussed in the hearing. 

E. Appearance throuph Counsel 

(1) Parties to all hearings governed by this Ordinance may appear 

personally or through an attorney, except that a party must 

personally attend any hearing on the merits unless the Commission 

has waived hisher attendance, in writing. 

(2) When a party has appeared through an attorney, service of all 

notices, motions, orders, decisions and other papers shall thereafter 

be inade upon the attorney, unless the party requests otherwise in 

writing. 

(3) When an attorney represents a party, the attorney shall sign all 

motions, notices, requests, and other papers on behalf of the party, 

including a request for subpoenas. 

(4) Any attorney appearing before the Commission must be duly 

admitted to practice law in the Blackfeet Tribal Court. 

F. Discovery Procedures for Enforcement Hearings 

(1) The Commission's legal counsel and the Licensee shall exchange a 

list of persons that each party intends to call as witnesses no later 

than five (5) business days before a scheduled enforcement 

hearing. The day the list is received shall be considered a fbll 
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Gaming Ordinance 

day's notice under this Section. Each witness shall be ideritified by 

name, if .known, position, and business address. 1f none is 

available, a home address for the witness shall be provided. Any 

witness not identified in accordance with this section may be 

prohibited from testifjing at a hearing at the Commission's 

discretion. 

(2) The Commission's legal counsel and the Licensee shall exchange 

copies of all documents or tangible things that they intend to offer 

as evidence in support of the party's case in chief. This exchange 

shall be made to the opposing party no later than five (5) business 

days before a scheduled enforcement hearing. The day the 

documents are received shall be considered a full days notice under 

this Section. Failure to make available any document or tangible 

thing in accordance with this Section may, in the Commission's 

discretion, be grounds for denial of admission into evidence of 

such document or tangible thing. 

G. Confidential ater rials 

(1) Prior to making any document available to the Commission's legal 

counsel or designated agent, the Applicant or Licensee may 

designate any document it believes to contain confidential 

information as "subject to confidentiality claim" by so marking the 

document prior to providing a copy of the document to the 

Commission's legal counsel. 

(2) Documents provided to the Commission's legal counsel or 

designated agent marked in accordance with Section (1) above and 

any non-public information contained within the document shall 

not be made a part of the public record of the Commission 

proceedings otherwise disclosed by the Commission to any person 

(except as may be required by law, rule, re'gulation, order, or the 

compact), without first providing the applicant to seek a ruling by 

the Commission that it should not be made public. The request 

and discussions relating to the document shall be heard and ruled 

upon by the Commission in an Executive Session meeting in order 

to hear and rule upon the request. The applicant may present 

written and oral argument regarding the confidentiality claim along 

with any facts relevant to such an argument. 

(3) In determining whether a document should be made public record 

. pursuant to Section (2) above, the Commission will balance the 

request against the materiality of the information to the hearing, 

the public's right to be made aware of the information, and the 

Commissioner's need to make the information public to remain 

accountable for the licensing decision. In making this 
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determination the Commission shall consider all fats and 

circumstances relevant to make a proper ruling. 

(4) In the event the Commission rules that the information should be 

made part of the public record of the Commission's proceedings, 

the document will be made public record unless the Applicant 

withdraws the document fiom the Commission's presence. 

(5) In the Applicant chooses to withdraw the document the 

Commission will then weigh the withdrawal along with the other 

evidence in making final determination on the hearing. The 

Commission shall look upon withdrawal of documents from the 

process with disfavor and depending on the facts and 

circumstances, the Commission may deem this sufficient cause in 

and of itself for denial of a license. 

(6) In the event the Commission rules during Executive Session that 

the document and/or -other information contained therein shall be 

designated "~onfidential" and will not be made part of the public 

record of proceedings the document shall be considered 

"Confidential" and shall not be made part of the public record. 

The Commission may consider the information in camera. 

(7) At the conclusion of the Commission proceedings, the 

Commission will return to the Applicant or Licensee all documents 

ruled as "Confidential". 

H. Subpoenas 

(1) The Commission has the power and authority to issue subpoenas 

andlo impose reasonable penalties for the non-compliance thereof. 

(2) Subpoenas may be issued to compel a person to appear at hearings 

on the merits of the case, to give oral testimony, or to produce 

documents or other tangible things. 

I. Hearinp Procedures 

(1) The Executive Director of the Commission shall preside over all 

hearings, and shall call the proceedings to order, control the 

presentation of evidence, and the appearance of witnesses, and the 

. order of the proceedings. 

(2) The Commission may require any person, including any agent or 

licensee or employee of any agent or licensee to appear and testify 

before it with regard to any matter within its jurisdiction at such 
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Gaming Ordinance 

time and place as it may designate. Such testimony will-be under 

oath and 'may include matters, which the Commission deems 

relevant to the discharge of the Commission's official duties. 

Testimony shall be recorded by a duly certified by a certified court 

reporter any may be used by the Commission as evidence in any 

proceeding or matter before the Commission. Failure to appear 

and testify fully at the time and place designated shall result in 

sanctions. Failure to appear may constitute grounds for: 

(a) The refusal to grant license to the person summoned and/or 

that persons principal or employer; 

(b) The revocation or suspension of a license held by the 

person summoned, and/or that persons principal or 

employer; 

(c) The interference that the testimony of the person 

summoned would have been adverse to that person andlor 

that person's principal or employer. 

Any party to the heahg may call and examine witnesses, and may 

request to limit the testimony of witnesses where that testimony is 

argumentative or repetitive. 

(4) The Commission shall have the authority to eject from the hearings 

any person who is disruptive, disorderly, or who fails who proper 

respect for the Commission or the nature of the proceedings. 

(5) Persons shall speak only when recognized by the Chairman. 

(6) Any member of the Commission may ask questions of witnesses, 

and may request or allow additional evidence at any time. 

(7) Any party to the hearing may conduct cross-examinations 

reasonably required for a full and true disclosure of the facts. 

(8) All hearings held under this Ordinance shall be open to the public. 

(9) The Commission, in its discretion, has the power to sequester 

witnesses. 

J. Evidence 

(1) In hearings governed by this Ordinance, the Commission shall not 

be bound by technical rules relating to evidence and witnesses. 

The Commission give effect to the rules of privilege unless such 

privilege is waived. Basic principles of relevancy, materiality, and 

probative force shall govern the proof of all questions of fact. 
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Gaming Ordinance 

Objections,to evidentiary offers and offers of proof of evi&nce not 

admitted may be made and shall be noted in the record. 

(2) All evidence, including records and documents in possession of the 

Commission or which the Commission desires to avail itself, shall 

be duly offered and made part of the record. Every party shall be 

offered the opportunity to rebut or offer countervailing evidence. 

(3) The Commission may take official notice of any generally 

recognized fact or established technical or scientific fact; but 

parties shall be notified either before or during the hearing or by 

full reference in preliminary reports or otherwise, of the facts so 

noticed, and they shall be afforded an opportunity to contest the 

validity of the oficial notice. 

(4) Documentary evidence may be received in the form of copies or 

excerpts if the original is not readily available. Upon request, the 

parties shall- be given an opportunity to compare the copy to the 

original. 

(5) The record in all hearings governed by this Ordinance shall 

include: 

(a) All applications, intermediate rulings, exhibits and 

appendices thereto. 

(b) Evidence received or considered, stipulations and 

admissions, including but not limited to confidential 

evidence pursuant to ?Section 36(G) of this Ordinance. 

(c) A statement of matters officially noticed. 

(d) Questions and offers of proof, objections and rulings 

thereon. 

(e) Any decision, opinion, finding or report of the 

Commission. 

(f) The transcript prepared by a duly ceiified court reporter. 

K. Determinations by the Commission 

(1) The Commission shall make all determinations of issues before it 

by majority vote. 

(2) All determinations made by the Commission involving the grant, 

denial, cancellation, or revocation of a license, a finding of a 

. violation of this Ordinance, the Rules, the Compact, IGRA, the 

conditions of any license issued by the Commission, any order of 

the Commission, or any other applicable law, regulation, or 

agreement, and the imposition of any sanction or penalty shall be 

made by motion and on the record. 
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Gaming Ordinance 

(3) A copy of any resolution reached shall be sewed qon the 

Applicant#or Licensee by registered or certified mail or personal 

service. 

Sanctions If any party or its attorney fail to comply with any 

provision of this Ordinance, the Rules, the Compact, IGRA, the conditions 

of any license issued by the Commission, any order of the Commission, or 

any other applicable law, regulation or agreement, including but not 

limited to any agreement regarding any matter, including but not limited to 

discovery matters and the failure to appear at a hearing at the scheduled 

time, the Commission upon motion or upon its own initiative may, in its 

discretion, impose upon such party or attorney or both, appropriate 

sanctions in regard to the failure(s) as are just, including, but not limited 

to, the following: 

(1) An order prohibiting the use of any witness, document, or tangible 

thing which should have been disclosed, produced, exhibited, or 

exchanged pursuant to these rules or any order of the Commission. 

(2) An order that designated facts shall not be taken to be established. 

(3) An order that the disobedient party may not support or oppose any 

designated claims or defenses. 

(4) An order striking any pleading or parts thereof, or staying further 

proceedings, or dismissing the proceeding or any part thereof, or 

entering a judgment by default against the disobedient party. 

(5) A finding against the disobedient party; or 

(6) Any sanction otherwise set forth in this Ordinance. 

SECTION 36. MISCELLANEOUS. 

A. SEVERABILITY/CONSTRUCTION. If any clause, part, or section of 

this Ordinance shall be adjudged invalid, such judgment shall not affect or 

invalidate the remainder of the Ordinance, but shall be confined to its 

operation to the clause, part or section, directly involved in the 

controversy in which judgment is rendered. If the operation of any clause, 

part, or section of this Ordinance shall be held to impair the obligation of a 

contract or to deny any person the right secured to him by the Tribal or 

Indian Civil Rights Act, it is hereby declared that had the invalidity of said 

clause, part, or section been considered at the time of the enactment of this 

Ordinance, the remainder of the ordinance would nevertheless have been 

adopted without such and any all such invalid clauses, parts, or sections. 
Blackfeet Nation 

Gaming Ordinance 

- 

B. CONTRACTUAL OBLIGATIONS. Nothing in this Ordinance shall 

impair or affect the authority of the Commission andfor Council in any 

manner whatsoever to Wfill its complete contractual obligations related to 

any subject manner herein. 

SECTION 37. EXCLUSIVE JURISDICTION. The Blackfeet Tribal Court 

shall have exclusive jurisdiction over the enforcement of thls Ordinance in actions 

brought by the Tribe except to the extent federal law provides otherwise. No other suits 

are authorized in any form for any reason hereunder. 

SECTION 38. AMENDMENTS. This Ordinance may be amended at any time 

by majority vote of the Council. 

SECTION 39. EFFECTIVE DATE. This Ordinance shall become effective 

upon adoption and approval of the Council. 

SECTION 40. SOVEREIGN IMMUNITY OF THE COMMISSION. The 

Blackfeet Tribe, acting through the lackf feet Tribal Business Council, confers on the 

Commission all of the ~ribe's rights, privileges, immunities, and sovereign immunity 

from suit, to the same extent that the Tribe would have such rights, privileges and 

immunities, if it engaged in the activities undertaken by the Commission. 

SECTION 41. LIMITED WAIVER OF SOVEREIGN IMMUNITY OF 

THE COMMISSION. The Commission hereby expressly waives its sovereign 

immunity from suit in any case against the Commission wherein relief is limited to 

injunctive or declaratory relief against the Commission. 

SECTION 42. NATIONAL INDIAN GAMING COMMISSION AND 

COMPACT. 

A. National Indian Gamine Commission- Rwulation. Notwithstanding 

any provision in this Ordinance or the rules, the Commission is hereby 

fully empowered to comply with all regulations promulgated by the 

NIGC, including, but not limited to, reporting requirements relating to 

ordinances, contracts, license applications, background checks, and other 

information. 

B. National Indian gamin^ Commission-Assessment. Nothwithstanding 

any provision in this Ordinance or the rules, the Commission is hereby 

fully empowered to comply with all assessments authorized by the NIGC. 

Such assessments shall be payable solely from funds of gaming operations 

as an operating expense. 

C. Compact with the State of Montana. Nothwithstanding any provision in 

thls Ordinance or the rules, the Commission is fully empowered to comply 

with the provisions of the Compact, including, but not limited to any 

licensing, approval, or monitoring requirements contained in the Compact. 
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Gaming Ordinance 

SECTION 43. GENERAL REQUIREMENT. 

A. Security and Surveillance. Each gaming establishment must provide for 

full security and surveillance within the gaming establishment at all times. 

The Commission must license all security personnel in a gaming 

establishment. The security and surveillance departments shall interact 

when necessary to carry out their official duties and to coordinate their 

activities in order to effectuate the best protection for the gaming patrons 

and the Tribal and management interests and assets of the enterprise. 

B. Compliance with Environmental and Other Laws. The construction, 

maintenance, and operation of any gaming operation shall be in a manner 

which protects the environment, public health and safety, and shall comply 

with all applicable Tribal and Federal laws relating to environmental 

protection and public health and safety including, but not limited to, 25 

C.F.R. §522.4(b)(7). 

SECTION 44. WORDS TERMS. Tense, number and gender. In 

interpreting the provisions of this Ordinance, save when otherwise plainly declared or 

clearly apparent fiom the context: 

A. Words in the present tense shall include the future tense; 

B. Words in masculine, feminine, and neuter genders shall include all 

genders; and 

C. Words in the singular shall include the plural, and words in the plural shall 

include the singular. 

SECTION 45. REPEAL. To the extent that they are inconsistent with this 

Ordinance, all prior gaming laws, rules, ordinances, or regulations of the Tribe are hereby 

repealed. 

SECTION 46. UNCLAIMED WINNINGS. 

A. Any winnings, whether property or cash, which are due and payable to a 

participant in any gaming activity, and which remain unclaimed at the end 

of a gaming session, shall be held in safekeeping for the benefit of such 

participant if his or her identity is known. Such winnings shall be held for 

twelve months or such longer period as the Commission deems reasonable 

in donsideration of all relevant facts and circumstances. The Commission 

shall make such efforts as are reasonable under the circumstances to locate 

such participant. At the end of the safekeeping period, such winnings 

shall revert to the ownership of the Tribe and shall be transferred to the 

account or place designated by the Executive Treasurer. 
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Gaming Ordinance 

B. In the event the identity of a participant entitled to unclaimed wimings is 

unknown, the 'Commission shall use its best efforts to learn the identity of 

such individual and shall follow the procedure set forth in this Ordinance 

if the Commission is able to identify such individual with reasonable 

certainty; provided, however, if after six months from the time the 

winnings were payable, the Commission has been unable to identify the 

individual entitled thereto, such winnings shall revert to the ownership of 

the Tribal Government. 

SECTION 47. PATRON DISPUTES. Any person having any dispute, 

disagreement or other grievance with the gaming operation that involves currency, 

tokens, coins, or other thing of value, may seek resolution of the dispute from the 

following persons and in the following order: 

A. A member of the staff relevant to the gaming operation 

B. The supervisor in the area of the relevant garning operation in which the 

dispute arose; 

C. The manager dthereleyant gaming operation; and 

D. The Commission. 

SECTION 48. PATRON RIGHTS REGARDING DISPUTES. When a 

person brings a dispute for resolution the Complainant has the right to explain his or her 

side of the dispute, and to present witnesses in connection with any factual allegations. 

At each level, if the dispute remains unresolved, the Complainant shall be informed of the 

right to take the dispute to the next level as set forth in Section 48 above. Resolution of 

any dispute by the personnel of a gaming operation shall always involve two or more 

staff members. All disputes, whether resolved or not, shall be reported in detail by the 

staff persons involved to their supervisor, or, in the case of the general manager of the 

gaming operation, to the Commission. 

SECTION 49. GAMING COMMISSION ACTION ON PATRON 

DISPUTES. The Commission based on information provided by the Complainant and 

the garning operation, including any witnesses for, or documents pfovided by or for, the 

Complainant, shall decide all disputes, which are submitted to the Commission. The 

decision of the Commission shall be in writing, shall be issued fourteen (14) days of the 

submission of the matter to the Commission, and shall be provided to the general 

manager of the gaming operation and to the Complainant. 

SECTION 50. AGENT FOR SERVICE OF PROCESS. The Commission 

Chairman shall be designated agent for service of process for the Commission of the 

Tribe. The Chairman shall promptly report any such service to the Commission, and 

shall promptly piovide the Commission with a copy of any complaints or other 

documents served. 

SECTION 51. CONSENT TO JURISDICTION. Any person who applies for 

a License under this Ordinance, applies for employment in any gaming establishment, 
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Gaming Ordinance 

enters into any contract or agreement related to gaming, or participates in any gzming on 

the Reservation, shall be deerhed to consent to the jurisdiction of the Tribe, the 

Commission, and the Tribal Court. Nothing in this section shall limit the jurisdiction of 

*IY the Tribe, the Commission or the Tribal Court under any circumstances not explicitly 

contemplated in the section. 

SECTION 52. COMITY AND CONCURRENT JURISDICTION. The 

Commission is empowered to seek comity and enforcement of the orders of the 

Commission by the courts of any other jurisdiction whose assistance may be required to 

give effect to the orders of the Commission. The Commission is also empowered to issue 

orders to enforce the lawkl orders of other gaming regulatory agencies and the courts of 

foreign jurisdiction. 

CERTIFICATION 

The Blackfeet Tribal Business Council adopted the foregoing Ordinance on the 

day of , 2004, with a vote of members 

w FOR, members AGAINST, and members NOT VOTING, pursuant to 

authority vested in it by Article VI, Section I, subsection (a), (i), (I), (t), and (u) of the 

Blackfeet Tribal Constitution and By-laws adopted and approved under Section 16 of the 

Act of June 18,1934 (48 Stat. 984), as amended. 

(Corporate Seal) 

APPROVED: .' 

NATIONAL INDIAN GAMING COMMISSION 

BY;