Clara Nomee, Tribal Chairperson 

Crow Indian Tribe 

Box 159 

Crow Agency, Montana 59022 

Dear Chairperson Nomee: 

This 'letter responds to your request to review and approve the 

tribal gaming ordinance adopted by the Crow Indian Tribe (the 

Tribe) on January 8, 1994. This letter constitutes such approval 

under the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming 

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

with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the Chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

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

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribeqs gaming ordinance, the 

Tribe is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. S 556.5(a) and 

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

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

Thank you for submitting the ordinance of the Crow Indian Tribe 

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

working with you and the Tribe in implementing the IGRA. 

Sincerely yours, 

Anthony J. Hope 

Chairman 

cc: Thomas W. ~redericks, Esq. 

1850 M STREET N W SUITE 250 WASHINGTON 0 C 20036 TEL 202-632 7003 FAX 202-632-7066 
CROW TRIBAL COUNCIL 

P.O. Box 159 

Crow Agency, MT 59022 

CLARA NOMEE, Madame Chairman 

JOSEPH PICKETT, Vice Chairman 

BLAINE SMALL, Secretary 

SYLVESTER GOES AHEAD, Vice Secretary 

Crow Country 

RESOLUrION NO. 92-36 

A RESOLUTION OF THE CROW TRIBAL COUNCIL ADOPTING A COMPREHENSIVE CROW TRIBAL 

GAMING ORDINANCE TO GOVERN ALL CLASS I, I1 AND I11 GAMING ACTIVITIES ON TEE CROW 

INDIAN RESERVATION. 

WHEREAS, the Crow Tribal Council is vested with final authority to manage the 

affairs of the Crow Tribe pursuant to Article 7, Section 6 of the Crow Tribal 

Constitution, and 

WHEREAS, the Crow Tribe has established by Resolution No. 87-53, a Crow Tribal 

Gaming Commission to coordinate the Crow Tribe's Class I, I1 and I11 gaming 

activities, and 

WBEREAS, the Crow Tribal Gaming Commission was directed to recommend a Gaming and 

Bingo Ordinance to the Crow Tribal Council for adoption, and 

WHEREAS, the Crow Tribal Gaming Commission recommended Crow Tribal Resolution No. 

88- adopted on July 9, 1988, by unanimous vote of the Crow Tribal Council, and 

WHEREAS, the Congress of the United States adopted in the year 1988 the National 

Indian Gaming Regulatory Act of 1988, 25 U.S.C. SS 2701 et seq., for the purpose 

of regulating Class I1 and I11 gaming on Indian reservations throughout the 

United States, and 

WHEREAS, said Indian Gaming Regulatory Act requires certain provisions to be 

included in the Crow Tribal Gaming Ordinance prior to being approved by the 

chairman of the National Indian Gaming Commission, and 

WHEREAS, the Crow Tribal Gaming Commission hereby recommends for adoption the 

attached Gaming Ordinance which complies in all regards to the requirements of 

the Congress of the United States contained in the Indian Gaming Regulatory Act 

of 1988, 25 U.S.C. SS 2701 et seq., and 

NOW, THEREFORE, BE IT RESOLVED, that the attached Gaming Ordinance having been 

presented to the Crow Tribal Council is hereby approved as presented, and 

BE IT FURTHER RESOLVED, that the Crow Tribal Council hereby amends, rescinds and 

repeals Resolution Nos. 87-53 and 88- and hereby rescinds any other 

Resolutions prior to the April 9, 1992, Resolution to the extent they may 

conflict with this Resolution and the regulatory ordinance on gaming, and 

BE 11 FINALLY RESOLVED, that the Crow Tribal officials are hereby directed to . finalize and implement this resolution by directing the Crow Tribal Gaming 

Commission to follow the Gaming Ordinance in regulating Class I, I1 and I11 

gaming on the Crow Reservation. 

PASSED, APPROVED AND ADOPTED, by the Crow Tribal Council on this 11th day of 

April 1992, with unanimous votes for and A votes against adoption. 

dA&- n J.V. #r'eau, Superintendent 
Crow Tribe 

Gaming Ordinance 

(as Amended, 1994) 
Crow Tribal 

Gaming Ordinance 

Section 1 . Title .................. 1 

Section 2 . Findings ........... 1 

Section 3 . Purposes ................ 1 

General Provisions ..................... 1 

Section 4 . Definitions ............... 1 

Section 5 . Gaming Authorized and Regulated ..... 5 

Section 6 . Use of Revenues from Class I1 and Class 

I11 Gaming Activities .......... 6 

Section 7 . Gaming Facilities ............ 6 

Section 8 . Minors. Employees Prohibited ...... 6 

Section 9 . Prizes: Assignment and Forfeiture .... 6 

Administration ....................... 7 

Section 10 . Gaming Commission ....... 7 

Section 11 . Licensing ................ 9 

Section 12 . License Fees : Application Fees and 

Continuing Yearly Fees ......... 10 

Section 13 . License Validity: Effective Period and 

Place .................. 11 

Section 14 . License : Qualifications and 

Requirement ............... 11 

Section 15 . License Suspension and Revocation .... 16 

Class I1 Gaming . . Section 16 . Section 17 . 

Section 18 . Section 19 . Section 20 . Section 21 . Section 22 . Section 23 . Section 24 . .... ........... 

................... 

Definitions ............. Persons Authorized to Conduct Class 

Gaming ............... Ownership of Class I1 Gaming Activity 

Management Contracts ........ Games Permitted .... Bingo Game Cards .......... Player Limitation .......... Entry Prohibited ........ Hours of Operation; Notice 

Commission .............. 

Class I11 Gaming ...................... 23 

Section 25 . Exclusive ownership by Tribe ...... 23 

Section 26 . Authorized Operation ... 23 

Section 27 . Management Contracts ....... 24 

Section 28 . Games permitted ...... 24 

Section 29 . Compliance with Compact ... 24 

Section 30 . Regulation and Inspection ... 24 

Section 31 . Hours of Operation ..... 25 
Records and Audits ...................... 25 

Section 32 . Records Maintenance ...... 25 

Section 33 . Independent Audits ........... 25 

Violations ......................... 26 

Section 34 . Crimes; Penalties .......... 26 

Section 35 . Civil Penalties ........... 27 

section 36 . Enforcement ............ 27 

Validity of Ordinance .................... 27 

Section 37 . Severability ......... 27 

Section 38 . Effective Date of Ordinance ....... 27 
CROW TRIBE 

GAMING ORDINANCE 

Section 1. Title. 

This Ordinance shall be known as the Crow Indian Tribe of 

Montana Gaming Ordinance. 

Section 2. 

The Tribal Council of the Crow Indian Tribe, finds that: 

A. The Crow Tribe has the exclusive authority to regulate 

Class I and I1 gaming activities on Indian lands as defined at 25 

U.S.C. § 2703(4)(b) within the State of Montana; and 

B. The Crow Tribe is authorized to operate, license and 

regulate Class I11 qaming on Indian Lands, as defined at 25 U.S.C. . . 5 2703 (4)(b) within the State of Montana, provided it has entered 

into, and operates Class I11 gaming consistent with, a compact 

entered into between the Tribe and the State of Montana; and 

C. It is essential to the health, safety and general welfare 

of the Crow Tribe and the visitors to Crow Reservation that 

standards and regulations be promulgated to govern the conduct of 

gaming activities on Crow Indian lands. 

Section 3. Purposes. 

. . - .- .,_ . -. The purposes of this Gaming Ordinance are to: 

A. Provide standards and regulations governing the conduct 

of gaming activities on Crow Indian lands; 

B. Promote tribal economic development; 

. . -- . C . .Enhance employment opportunities for tribal members; 

D. Strengthen the economy of the Crow Tribe; and 

. . . 

E. Generate revenue for use in improving the health, 

education and general welfare of enrolled members of the Crow 

Tribe. 

I. General Provisions 

Section 4. Definitions. 

-.. . . . 

1. "Act1' or "1 .G. R.A. means the Indian Gaming Regulatory 

Act, 25 U.S.C. § 2701 et seq. 
, . 2. "Banking Card Game1! means any card game in which the 

house is a participant in the game, while the house takes on all 

players, collects from all losers, and pays all winners and the 

house can win. 

3. "Bingo" means the game of chance (whether or not 

electronic, computer or other technological aids are used in 

connection therewith) which is played for prizes, including 

monetary prizes, with cards bearing numbers or other designations; 

in which the holder of the card covers such numbers or designations 

when objects, similarly numbered or designated, are drawn or 

electronically determined; and in which the game is won by the 

first person covering a previously designated arrangement of 

numbers or designations on such cards. "Bingot1 includes, if played 

at the same location, pull tabs, lotto, punch boards, tip jars, and 

other games similar to bingo. 

4. "Class I Gaming1' means social games played solely for 

prizes of minimal value or traditional forms of Indian gaming 

engaged in by individuals as a part of, or in connection with, 

tribal ceremonies.or celebrations. 

5. "Class 11 Gaming1' means all forms of gaming which are 

defined as ltClass I1 Gaming" in the Indian Gaming Regulatory Act, 

P.L. 100-4977 (l988), codified at 25 U.S.C. 55 2701-2721, and shall 

include, but not be limited to, the following forms of gaming: 

bingo, lotto, pulltabs and punch boards, tip jars and non-banking 

card games, when played in conformity with 25 U.S.C. 5 2703(7). 

6. "Class I11 Gaming" means all forms of gaming that are not 

Class I Gaming or Class I1 Gaming, as defined in the Indian Gaming 

Regulatory Act, Pub-L. No. 100-497 (1988), codified at 25 U.S.C. S§ 

2701-2721. 

7. llCompactw means the Compact by and between the Crow 

Indian Tribe and the State of Montana setting forth an agreement 

for operation of Class I11 gaming on Crow Indian lands within the 

State of Montana. 

---- --- . ' - . . . . _ . . . - 

8. "Entity" means any organization, including any division, 

department or other unit therein, and includes, but shall not be 

limited to, a public or private corporation, partnership, joint 

venture, voluntary or unincorporated association, organization, 

proprietorship, trust, estate, commission, bureau, department of 

governmental agency except that I1entity" shall not include the Crow 

Indian Tribe. 

9. "Equipment" means any article, device, or other item, 

employed in gaming activity, including but not limited to Bingo 

cards, lottery tickets, any electronically operated blower machine, 

computer, electronic selection machine, gambling machines, gaming 
tables; associated paraphernalia, chips tokens, dice and any other 

items employed in gaming activity. 

10. "Gaming Commissionfl or nCommission" means the Tribal 

Gaming Commission, created by this Ordinance. 

11. "Gambling Machinen or "slot machine" means a mechanical, 

electrical, electronic or other gambling device or machine that, 

upon, insertion of a coin, currency, token, credit card or other 

similar object, or redemption of a credit or upon payment of any 

valuable consideration, is available to play or operate, play or 

operation of which, whether by reason of skill or chance or both 

may deliver or entitle the player to receive a prize whether the 

payoff is made automatically from the machine or in any other 

manner. The term does not include pinball machines. 

12. "Gross Receipts" means the total receipts from the 

conduct of gaming activities. 

13. "Indian Lands" or IfCrow Indian lands" means all lands - ... - . 

.. 

- -within the exterior boundaries of the Crow Indian reservation; and 

any lands title to which is either held in trust by the United 

States for the benefit of the Crow tribe or individual Crow tribal 

member or held by any Indian tribe or individual Crow Tribal member 

subject to restriction by the United States against alienation and 

over which an Indian tribe exercises governmental power. 

14. "Key employee" means: 

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

Bingo caller; 

Counting room supervisor; 

Chief of security; 

Custodian of gaming supplies or cash; 

Floor manager; 

Pit boss; 

Dealer; . .. . 

Croupier; 

Approver of credit; or 

Custodian of gambling devices including 

persons with access to cash and accounting 

records within such devices; 

(b) If not otherwise included, any other person whose 

total cash compensation is in excess of $50,000 per year; 

01, 

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

compensated persons in the gaming operation. 
15. "License1' or "Licensedn means a tribal gaming license, or 

having a valid tribal gaming license, issued by the Crow Tribe, or 

its agency, pursuant to this Ordinance. 

16. I1Lottery" means any scheme for the disposal or 

distribution of property, by chance, among persons who have paid or 

any valuable consideration for the chance of obtaining such 

property, or a portion of it, or for any share or any interest in 

such property upon any agreement, understanding or expectation that 

it is to be distributed or disposed of by lot or chance, whether 

called a lottery, raffle or gift enterprise, or by whatever name 

the same may be known. 

17. "National Indian Gaming Commission" or I1NIGCff means the 

National Indian Gaming Commission, created by the Act, 25 U.S.C. 5 

2701, & B. 

18. "Net Profitsn means the total gross receipts from a 

gaming operation, less all reasonable sums actually expended for 

conducting said games, gaming supplies and equipment, prizes, 

facilities, janitorial services, security services, rent, 

employees, criminal investigation and prosecutions, or other 

reasonable operating expenses except that management fees shall not 

be deducted to determine net profits. 

19. "Nan banking card gamesn means any card game in which two 

or more players play against each other and the players do not 

wager against the house. Non-banking card games played in 

conformity with State law regulating hours of play, wage and pot 

limits is Class I1 gaming. All other non-banking card games are 

Class 111 games. .. - 

20. "Person" means any individual, receiver, administrator, 

executor, assignee, trustee in bankruptcy, trust, estate, firm, 

partnership, joint venture, club, company, joint stock company, ' business trust, corporation, -association, society, or any group of 

individuals acting as a unit, whether mutual cooperative, fraternal 

or nonprofit doing business within the Indian lands. The Tribe is --• . %-:---'--'not within the -definition of person. ' .-- 

21. "Pinball Machineu means a video, mechanical, electrical 

or electronic machine which upon insertion of a coin or token or 

upon redemption of a credit, is available for play, the play or 

operation of which, by reason of skill, chance or a combination of 

both, may entitle a player to an automatic, immediate free replay 

or replays, which cannot be redeemed for anything of value. 

22. "Player" means any person participating in gaming 

activity, who is participating with the reasonable expectation of, 

or for the chance of, receiving a prize of some value. 
.. . . .23. I1Primary management off icials" means: 

(a) The person having management responsibility for a 

management contract; 

(b) Any person who has authority; 

(1) To hire and fire employees; or 

(2) To set up working policy for the gaming 

operation; or 

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

financial management responsibility. 

24. l1PrizeU means any U.S. currency, cash or other property 

or thing of value awarded to a player or players, or received by a 

player or players as a result of their participation in a gaming 

activity. 

25. "Secretary" means the Secretary of the Interior. . . . . .. . . -. 

26. "Stateu means the State of Montana. 

27. "Tribal Council" means the Tribal Council of the Crow 

Indian Tribe of Montana. 

28. "Tribal Courtw means the Crow Tribal Court. 

29. "Tribal gaming facility" or I1Gaming facility" means any 

location where Class I1 or Class I11 gaming is conducted. .., - ~. . . -- . 

30. "Tribal gaming operationt1 means any Class I1 or Class I11 

gaming operation conducted on Crow Indian lands. 

31. "Tribet1 means the Crow Indian Tribe within the State of 

Montana, recognized by the Secretary of the Interior, and having 

special rights of self government, its agencies and officials. 

....-.. - - - -..Section 5. -. Gaming Authorized and Remlated. 

A. Class I gaming is authorized on Indian lands, and may be 

conducted by any person. Class I gaming shall not be regulated by 

this Ordinance. 

B. Class I1 gaming is authorized on Indian lands. Class I1 

gaming shall be regulated by the Gaming Commission and shall only 

be operated consistent with the provisions of this Ordinance and 25 

U.S.C. 5 2710. 

C. Class I11 gaming is authorized on Indian lands. Class 

I11 gaming shall be regulated by the Gaming Commission and shall 
only be operated consistent with this Ordinance, the Compact and 25 

U.S.C. 5 2710(d) (1) and (2) (A). 

Section 6. Use of Revenues from Class I1 and Class I11 Gaminq 

Activities. 

A. Tribal revenues from Class I1 and Class 111 gaming 

activities shall be used only to: 

1. fund tribal government operations or programs; 

2. provide for the general welfare of the Community or 

Community members; 

3. promote economic development within the Crow Tribe 

Indian Reservation; 

4. fund operations of local tribal government agencies; 

and/or 

5. . donate tocharitable organizations. 

Section 7. Gaminq Facilities. 

A. To ensure that the environment and the public safety and 

welfare are adequately protected, each gaming facility shall be 

constructed and maintained in compliance with applicable tribal and 

federal laws, including but not limited to fire codes, safety codes 

and building codes. 

B. Each .gaming facility shall be subject to inspection to 

insure compliance, annually or on such basis as the Tribal Building 

inspector, or if none, Tribal Council, determines necessary and 

appropriate. 

Section 8. Minors, Employees Prohibited. 

1. No person under the age of 18 years shall be ..- .permitted to play any.Class .I1 or Class I11 game. 

2. No person who is employed at a Class I1 or Class 111 

gaming facility may play any game conducted therein while on duty. 

Section 9. Prizes: Assiqnment and Forfeiture. 

A. Not Assiqnable, exception. 

The right of any person to a prize shall not be assignable 

except that payment of any prize may be made to the estate of a 

deceased prize winner or to a person pursuant to an order of the 

Tribal Court. 
Forfeiture. 

1. Any unclaimed prize of a Class I1 or Class I11 

gaming activity shall be retained by the owner of gaming activity 

or enterprise for ninety days after the prize is available to be 

claimed. Any person who fails to claim a prize during such time 

shall forfeit all rights to the prize, and the amount of the prize 

shall be awarded to the Tribe. 

2. Any prize won by a person under the age of eighteen 

(18) shall be forfeited as a violation of Section 8 of this 

Ordinance. Any such prize shall be awarded to the Tribe, and the 

approximate consideration paid by the minor shall be refunded to 

the minor. 

11. Administration 

Section 10. Gamins Commission. 

A.. Establishment and Com~osition. 

1. There is hereby created the Tribal Gaming 

Commission. 

2. The Gaming Commission shall be comprised of a Gaming 

Commissioner and four (4) members. 

B. Qualifications and Amointment. 

. . 1. The Gaming Commissioner shall be appointed by the 

Tribal Council, and shall possess and demonstrate as minimum 

qualifications: 

a. Knowledge and experience in the commercial 

gaming industry; 

b. Familiarity with the Act; .. .- . . . . - - .- ----------..-- . . . . 

c. Experience in and knowledge of administration 

and administrative procedure. 

2. The members shall be appointed by the Tribal 

Council. All members shall be from among the Tribal membership. 

3. Appointments of the commissioner and members shall 

be for a period of four (4) years, except that of the initial 

members one shall be one year, one for two (2) years, one for three 

(3) years and one for four (4) years, which will result in 

staggered appointment and provide continuity within the commission. 

The Commissioner and all members may be re-appointed for one or 

more successive terms. 
4. No person shall be appointed to the Gaming 

Commission unless the Tribal Council is satisfied that: 

a. He or she is a person of good character, 

honesty and integrity, who's prior activities, criminal record, if 

any, reputation, habits and associations do not pose a threat to 

the public interest of the Tribe, its members or to the effective 

regulation of gaming, or create or enhance the dangers of 

unsuitable, unfair, or illegal practices and methods and activities 

in the conducting of gaming or the carrying on of the business and 

financial arrangements incidental thereto; and 

b. He or she has no interest in any private gaming 

activity on Crow Indian lands or any activity which may have 

interests in conflict with the Tribal gaming operations. 

5. The Commissioner and members may be removed for good 

cause, after written notice and opportunity to be heard by the 

Tribal Council. Good cause shall exist when any condition occurs 

or is discovered which would exclude a person from appointment. 

C. Duties and Powers. 

The Gaming Commissioner shall administer the provisions of 

this Ordinance and shall have all powers necessary therefore. In 

exercise of its duties, the Commission shall: 

1. Promulgate such rules and regulations as may be 

necessary and desirable for the proper implementation of .this 

Ordinance; . ....... . . 

2. Identify and define the rules of play for each Class 

I1 and Class I11 game permitted; .- . 

3. License, supervise, inspect and oversee all gaming 

activities and persons employed in gaming activities conducted on 

Indian lands; ... .--- .... .-a. .. .......: .a,-..... .. .....-....... ' .. ..... 

4. Conduct background investigations of key employee 

and primary management official applicants; 

5. Carry on a continuous study and investigation of 

Class I1 and Class I11 gaming on Indian lands for the purpose of: 

a. Ascertaining any defects in or abuses of the 

standards and regulations in this Ordinance or applicable rules and 

regulations; 

b. Formulating recommendations for changes in the 

standards and regulations in this Ordinance and any and all 

applicable rules and regulations; 
. c. Preventing abuses and evasions of the standards 

and regulations prescribed by this Ordinance and applicable rules; 

6. Report to the Tribal Council on any matters related 

to gaming which are deemed by the Gaming Commission to constitute 

an emergency requiring immediate action; 

7. Take any action it deems necessary and appropriate 

to effect and enforce this Ordinance, applicable rules and/or 

regulations and to prevent and/or redress violations, including but 

not limited to license suspension, revocation, prosecution, 

referral for prosecution, civil suit, and issuance of subpoenas; 

and 

8. Employ such employees as are necessary to carry out 

the specific and general powers and duties of the Commission. 

The Gaming Commissioner and members, and employees shall be . ..reasonably compensated, as determined by the Tribal Council. The 

compensation shall be paid from the Tribe's income from gaming 

activities. 

Section 11. Licensinq. 

A. Authority to License. 

1. The Tribal Gaming Commission shall have the sole and 

exclusive authority to license and regulate Class I1 and Class I11 

gaming operations on Crow -Indian lands which are now, or may 

hereafter, be permitted by federal law and the Compact. 

2. Class I gaming shall not be regulated by this 

Ordinance and no licensing shall be required for Class I gaming. 

B. Types of Licenses to be Issued. 

. . . - - . . - . . - . .. ;!- ..I. .-..The - Gaming. Commission shall issue the following 

licenses for gaming on Crow Indian lands: 

a. Manager License 

b. Class I1 Owner License 

c. Operator License 

d. Contractor License 

e. Primary Management Official License 

f. Key Employee License 
g., . . General Employee License 

h. Facility License 

i. Manufacturer's and Distributor's License 

j . Vendor1 s License 

k. Other Licenses necessary and appropriate 

2. Licenses shall be issued for Class I1 or Class I11 

gaming, and shall indicate the type and class of license on the 

face of the license. A combined Class I1 and Class I11 license may 

be issued if appropriate. 

Section 12. License Fees: Application Fees and Continuinq 

Yearly Fees. 

A. Any person making application for a tribal gaming license 

pursuant to this ordinance shall submit his or her application, and 

-.-required forms and information, as set forth by the Tribal Gaming - -- Commission, pursuant to this ordinance, together with an 

application fee as follows: 

1. Class I1 License fees: 

a. Manager License - $500.00 

b. Owner License - $1,500.00 

c. Operator License - $1,000.00 

d. Contractor License - $2,500.00 

e. Primary~anagement~fficial License - $1,500.00 

f. Key Employee License - $l,5OO.OO 

. -. . - - . - - .. . . . -.- . . .. .- .. - - - a--g.,--- - Genera.1-Employee. License - $15.00 

h. Facility License - $100.00 

2. Class I11 License fees: 

a. Manager License - $1,500.00 

b. Contractor License - $7,500.00 

c. Primary Management Official License - $4,500-00 

d. Key Employee License - $4,500.00 
e. General Employee ~icense - $45.00 

3. General License Fees: 

a. Manufacturer and ~istributor's License - $6,000.00 

b. Vendor's License - $3,000.00 

The Board may waive fees in its discretion if a proponent is 

unable to pay fees. 

B. A Licensee shall, at least sixty (60) days prior to the 

expiration of their license make application for renewal, as 

required by the Gaming Commission, and shall submit the application 

required forms and information together with a renewal fee 

equivalent to 75% of the above stated license fee applicable. 

Section 13. License Validity: Effective Period and Place. 

A. Period. Tribal gaming licenses shall be valid and 

effective for a period of one year from the date of issue, unless 

same is sooner suspended or revoked for cause after notice and 

hearing, pursuant to this Ordinance. The effective date and period 

shall be stated on the face of the license. 

B. Place. 

1. A tribal gaming license shall be valid for one (1) 

facility or location only, and the location shall be identified on 

the face of the license. 

. . . . , . .- 

2. If a person or entity desires to be employed with, 

or operate, more than one gaming location, a separate gaming 

license must be obtained for each separate facility or location. 

C. Facilitv License. . Each facility must be separately - licensed. 

. Section 14. - .... License: .Oualif ications and Requirement. 

A. General. 

1. An application to receive a license or to be found 

suitable to receive a license shall not be granted unless the 

Tribal Gaming Commission is satisfied, after review of a background 

investigation that such applicant is: 

a. A person of good character, honesty and 

integrity; 

b. A person whose prior activities, criminal 

record, if any, reputation, habits an associations do not pose a 
threat to the public interest of the Tribe, its members or to the 

effective regulation of gaming, or create or enhance the dangers of 

unsuitable, unfair or illegal practices and methods and activities 

Section 25 in the conducting of gaming or the carrying on of the 

business and financial arrangements incidental thereto; and 

c. In all other respects is qualified to be 

licensed or found suitable consistent with the declared policy of 

the Crow Tribe. 

d. An application to receive a license or to be 

found suitable constitutes a request for a determination of the 

applicant's general character, integrity and abilityto participate 

or engage in, or be associated with gaming. Any written or oral 

statement made in the course of an official proceeding of the 

Gaming Commission or the National Indian Gaming Commission 

established pursuant to 25 U.S.C. 5 2704, by any member thereof or 

any witness testifying under oath which is relevant to the purpose 

of the proceeding is absolutely privileged and does not impose 

liability or defamation constituting a ground for recovery in any 

civil action. 

B. Primary Manasement Officials, Key and Other Emplovees; 

Requirements. 

1. No person shall be employed by a gaming enterprise 

operated on Crow Indian lands who: 

a. Has been convicted of or who has pled guilty or 

nolo contendere to any felony, gambling offense, or other offense 

involving moral turpitude (except that misdemeanors committed 

before such person's 18th birthday shall not act to bar his/her 

employment) ; or 

b. Is under the age of 18, except that, no person 

shall be employed as a primary management official or key employee 

who is under the age of 21. 

- 2. No person shall be employed as a primary management 

official or key employee in a Class I1 or Class 111 gaming activity 

who: 

a. Has not first applied for and obtained a tribal 

gaming license, pursuant to this ordinance. 

b. Is ineligible for fidelity bonding or similar 

insurance covering employee dishonesty. 

3. Every person employed at a gaming facility operated 

on Crow Indian lands shall wear an identification badge which 

conspicuously states the place of employment, the full name of the 

person and their position of employment. 
C. Primarv Manaqement Officials and Kev Emplovees; License 

Application, Notices. 

1. The Commission shall require primary management 

officials and key employees make application on a form specified by 

the Commission. 

2. The application form shall include the following 

notices: 

a. Privacy Notice: 

In compliance with the Privacy Act of 1974, 

the following information is provided: Solicitation 

of the information on this form is authorized by 25 

U.S.C. 2701 seq. The purpose of the requested 

information is to determine the eligibility of 

individuals to be employed in a gaming operation. 

The information will be used by Nation Indian 

Gaming Commission members and staff who have need 

for the information in the performance of their 

official duties. The information may be disclosed 

to appropriate federal, tribal, State, local or 

foreign law enforcement and regulatory agencies 

when relevant, to civil, criminal or regulatory 

investigations or prosecutions or when pursuant to 

a requirement by a tribe or the National Indian 

Gaming Commission in connection with the hiring or 

firing of an employee, the issuance or revocation 

-. . . of a gaming license, or investigations of 

activities while associated with a tribe or a 

gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in 

a tribe's being unable to hire you in a primary 

management official or key employee position. 

The disclosure of your Social Security Number 

. - . - . . CSSN) is voluntary. Howeuer, failure to supply a 

SSN may result in errors in processing your 

application. 

b. Notice Reqardinq False Statements. 

A false statement on any part of your 

application may be grounds for not hiring you, or 

for firing you after you begin work. Also, you may 

be punished by fine or imprisonment (U.S. Code, 

Title 18, section 1001). 

3. a. All applicants shall be required to sign an 

acknowledgement of receipt and reading of the privacy Notice and 
Notice Regarding False Statements, which shall be placed on the 

same page immediately following the Notice. 

b. A tribe shall notify in writing existing key 

employees and primary management officials that they shall either: 

(1) Complete a new application for 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. 

4. The application shall at minimum require the 

following information: 

Full name, other names used (oral or written) , social security numbers(s), birth date, place 

of birth, citizenship, gender, all languages 

(spoken or written); 

Currently and for the previous 5 years: 

business and employment positions held, 

ownership interests in those businesses, 

business and residence addresses, and drivers 

license numbers; 

The names and current addresses of at least 

three personal references, including one 

personal reference who was acquainted with the 

applicant during each period of residence 

listed under paragraph (a)(2) of this,section; 

Current business and residence telephone 

numbers ; 

A description of any existing and previous 

business relationships with Indian tribes, 

including .- ownership .interests in those 

businesses; 

A description of any existing and previous 

business relationships with the gaming 

industry generally, including ownership 

interests in those businesses; 

The name and address of any licensing or 

regulatory agency with which the person has 

filed an application for a license or permit 

related to gaming, whether or not such license 

or permit was granted; 
(8) For each felony for which there is an ongoing 

prosecution or a conviction, the charge, the 

name and address of the court involved, and 

the date and disposition if any; 

(9) For each misdemeanor conviction or ongoing 

misdemeanor (excluding minor traffic 

violations) within 10 years of the date of the 

applications, the name and address of the 

court involved, and the date and disposition; 

(10) For each criminal charge (excluding minor 

traffic charges) whether or not there is a 

conviction, if such criminal charge is within 

10 years of the date of the application and is 

not otherwise listed pursuant to paragraph 

(a) (8) or (a) (9) of this section, the criminal - charge, the name and address of the court 

involved, and the date and disposition; 

(11) The name and address of any licensing or 

regulatory agency with which the person has 

filed an application for an occupational 

license or permit, whether or not such license 

or permit was granted; 

(12) A photograph; 

(13) Fingerprints consistent with procedures 

adopted by the Tribal police or the Commission .. . . ....... . . - . . consistent with 25 C.F.R. 522.2(h). 

Fingerprints shall be taken by the Tribal 

Police, or the State police of the State in 

which the applicant resides, and shall be sent 

directly to the Federal Bureau of .>. . . Investigation by the law enforcement agency 

- taking the fingerprints; and 

-- D. Primary Manaqement Officials and Key Employees ; 

Backsround Investiqation; Report. 

1. The Commission shall conduct, or cause to be 

conducted, by an investigator appointed by it, a background 

.-investigation for each primary management official and key 

employee. The investigation shall include, at minimum: 

a. Verification of all information on the 

application; 
b. Interviews of current and prior employers and 

immediate supervision for the preceding five (5) years; 

c. Interviews of all personal references; 

d. Obtaining a criminal history record; and 

e. An interview with the applicant. 

2. The investigator shall be required to make written 

report to the Commission of the investigation, including therein 

the steps taken in conducting the investigation, the names, 

addresses and relationship to the applicant of all persons 

interviewed, the information obtained from person interviewed 

regarding the applicant's reputation, habits and associations and 

the apparent candidness (or lack thereof) of the persons, and any 

other information garnered or learned about the applicant and the 

source of -the information, and shall particularly identify all 

potential problem areas and sources of the information. 

3. The Commission shall review the report and any 

additional information known to it and make a determination of 

whether the applicant is eligible, meets the requirements for 

employment and is suitable or poses a threat to the public interest 

or to the effective regulation of gaming or creates or enhances the 

dangers of unsuitable, unfair or illegal practices and methods and 

activities in the conduct of gaming, particularly identifying all 

potential problem areas and disqualifying information. 

4. The Commission shall create a report, that at 

minimum identifies and describes the steps taken in conducting the 

investigation, the results obtained, the conclusions reached and 

the basis for these conclusions. 

5. The Commission shall not issue a license to any 

applicant who is not eligible and/or does not meet the requirement -. for employment as a primary management official or key employee. 

- ,. , . .. . - - -.6. --. Following its . determination, the ~omrnission shall 

notify the NIGC and prior to issuance of a license to an applicant 

determined to meet the requirements, the Commission shall forward 

to the NIGC the investigative report and a copy of the eligibility 

determination. The Commission may forward the investigative report 

- and a copy of the eligibility determination of applicants denied 

license. 

Section 15. License Suspension and Revocation. 

A. Suspension and Revocation. 

1. Any license issued by the Commission shall be 

-suspende-d, without prior notice, if the National Indian Gaming 
. Commission, after notification by the Commission of the issuance of 

a license, and after appropriate review, indicates that a primary 

management official, operator, or key employee does not meet the 

standards established and set forth herein, pursuant to 25 U.S.C. 

5 2710, and after notice and hearing may revoke such license. 

2. The Tribal Gaming Commission shall immediately 

suspend, and after notice and hearing, revoke the license of any 

owner, primary management official or key employee of a Class I1 or 

Class I11 gaming activity or entity who is or becomes ineligible to 

hold a license under this Ordinance or who violates any provision 

of this Ordinance or of 25 U.S.C. §5 1166, 1167, 1168 or 2701 or of 

18 U.S.C. 1163 or regulations promulgated and adopted 

thereunder. 

B. Revocation Notice. 

1. The Tribal Gaming Commission shall promptly notify 

in writing any licensee whose license has been or will be revoked 

and shall include in said notice: 

a. The effective date of the revocation; 

b. The reason(s) for the revocation; 

c. The right of the licensee to appeal the 

revocation to the Tribal Court within ten (10) days of the 

licensee's receipt of the revocation notice. 

2. A copy of the revocation notice shall be sent to the 

National Indian Gaming Commission. 

C. Revocation Hearing. 

1. A licensee may appeal the revocation of his/her 

license to the Tribal Court by sending a written notice of appeal 

of the revocation to the Tribal Court and the Tribal Gaming 

Commission no later than 10 days after the licensee receives notice 

. . .- , -that, his/her license has been revoked. The notice of appeal shall 

-clearly state the reason(s) why the licensee believes his/her 

license should not be revoked. 

2. Upon receipt of the notice of appeal of the license 

revocation, the Tribal Court shall schedule a revocation hearing to 

be conducted within twenty (20) days of receipt of the licensee's 

notice of appeal. Written notice of the time, date and place of 

the hearing shall be delivered to the licensee no later than five 

days before the scheduled date of the hearing. 

3. The licensee and the Tribal Gaming Commission may be 

represented by legal counsel at the revocation hearing. The 

licensee and the Tribal Gaming Commission may present witnesses and 
evidence in support of their respective positions and may examine 

witnesses and evidence presented by the opposing side. 

4. The Tribal Court shall issue its decision no later 

than ten (10) working days following the revocation hearing. The 

decision of the Tribal Court shall be final and conclusive, and no 

appeal to a higher court shall be allowed. 

5. A copy of the Tribal Court's decision regarding the 

revocation of a license shall be sent to the Tribal Gaming 

Commission and NIGC. 

D. Application for Relicensinq. 

No person or entity whose Class I1 or Class I11 gaming license 

has been revoked shall be eligible for a new license until 12 

months after the effective date his/her license was revoked. 

111. Class I1 Gaminq 

Section 16. Definitions. 

1. "Bingon means bingo as defined in Section 3 of this 

ordinance. 

2. "Bingo Occasion" means a single session or gathering 

at which a series of successive bingo games are played. 

3. "Card games" means non-banking card games played in 

conformity with Montana State law regulating hours, wages and pot 

limitations. 

4. "Game Cardn and "Bingo game card" means a regular or 

special Bingo Card. 

5. "Lottow means a game of chance with cards bearing 

numbers or other designations, in rows of 9, in which the player 

holding the card covers such numbers or designations when objects 

.. similarly.numbered or .designated. are drawn or otherwise randomly 

determined, in which the game is won by the first player to cover 

a predesignated arrangement on the card. 

-. . . . . 

(6) "Pull Tabs" means a game of chance in which player(s) 

purchase a card containing predetermined numbers, colors, symbols 

or other designations which when revealed may result in the award 

of a prize on the basis of a designated winning number, color, 

symbol or other designation or combination thereof, whether or not 

electronic, computer, or other technological aids, to the extent 

permitted by law, are used in connection therewith. 

7. "Punch Board" means a small board that has many 

holes, each filled with a rolled up printed slip to be punched out 
upon payment of a player fee, in an effort to obtain a slip that 

entitles the player to a designated prize. 

8. "Regular Bingo Card" means a board card issued to a 

person upon payment of admission fee which affords a person the 

opportunity to participate in all regular bingo games played at a 

bingo occasion. 

9. "Special Bingo Card1# means a disposable, specially 

marked bingo card which affords a person the opportunity to 

participate in a special bingo game for special prizes, or a game 

card generated by and appearing on the screen of a computer 

employed by the gaming facility and assigned to a player for a 

bingo game (s) . 

10. "Special Bingo Game" means any bingo game which is 

not a regular bingo game and which is played with special bingo 

cards whether or not for special prizes. 

11. "Tip Jars" means a game of chance, wherein a person 

upon payment of a fee, is permitted to reach into, or tip a jar 

containing printed slips, and extract one slip in an effort to 

obtain a slip that entitles the player to a designated prize. 

Section 17. Persons Authorized to Conduct Class I1 Gaminq. 

1. No person or entity shall own, operate or conduct a 

Class I1 gaming activity on Indian lands unless that person or 

entity has first received a license to conduct a Class I1 gaming 

activity from the Gaming Commission. 

2. Nothing in subparagraph (1) above, or elsewhere, in 

this Ordinance, shall be interpreted as requiring the Crow Tribe to 

obtain a license as a condition of conducting a Class I1 gaming 

activity wholly owned and operated by the Tribe. 

Section 18. Ownership of Class I1 Gaminq Activity. 

- - . - - . 1. No person or entity shall own an interest in or 

conduct class I1 gaming in any location without first having 

applied for, and been issued, a Class I1 gaming owner and/or . - - - -, operator's license. 

2. Any person or entity who owns an interest in a Class 

I1 gaming enterprise shall apply to the Gaming Commission for an 

owner and/or operator license for a Class I1 qaming facility, as is 

appropriate, on a form prescribed by the Gaming Commission. A 

separate application and license shall be required for each place, 

facility, or location on Indian lands at which Class I1 gaming will 

be conducted. 
3. Preference shall be given to permitting Class I1 

gaming activities in which the Crow Tribe has the sole proprietary 

interest to be conducted on Indian lands. 

4. Notwithstanding subparagraph (3) above, the Gaming 

Commission may license a Class I1 gaming activity owned in whole or 

in part, by a person or entity other than the Crow Tribe, provided 

that (a) the licensing standards for individually owned Class I1 

gaming other than those operating on September 1, 1986, shall be at 

least as restrictive as those established by State law governing 

similar gaming within the jurisdiction of the State; and (b) no 

license may be issued to such a person or entity unless the person 

or entity has first expressly agreed, commemorated in writing on a 

form prescribed by the Gaming Commission, that: 

a. The gaming activity shall be subject to the 

regulations prescribed in this Section; 

b. Not less than sixty (60%) percent of the net 

revenues from the gaming activity shall be income to the Tribe; 

c. The person(s) who own the gaming activity or 

entity: 

(i) is (are) eligible to receive a license from 

the State of Montana to conduct the same gaming activity on lands 

subject to State jurisdiction; and 

(ii) shall pay an appropriate assessment to the 

National Indian Gaming Commission for the regulation of the gaming 

activity, as required by 25 U.S.C. § 2717(a) (1). 

5. a. A license to own or operate a Class I1 gaming 

establishment shall not be granted unless the applicant has 

satisfied the Tribal Gaming Commission that: 

(i) he has adequate business probity, 

confidence and experience in gaming. 

..-..--..- . . . . ... . '-. - ~.,. - .... .. 

(ii) the proposed financing of the operation 

is adequate for the nature of the proposed operation and from a : suitable. source. Any lender or other source of money or credit 

which the Commission finds does not meet the standards set forth in 

Section 14(A)(l) may be deemed unsuitable. 

b. The Gaming Commission may in its discretion 

grant a license to a corporation which has complied with the 

provisions of the tribal gaming ordinance. 

c. The Gaming Commission may in its discretion 

grant a license to a limited partnership which has complied with 

the Tribal gaming ordinance. 
d. No person or limited partnership, except one 

whose sole limited partner is a publicly traded corporation which 

has registered with the Gaming omm mission, or business trust 

organization or other association of a quasi corporate character, 

is eligible to receive or hold any license, or be a licensee or 

operator under this ordinance unless all persons having any direct 

or indirect interests therein or any nature whatsoever, whether 

financial, administrative, policy making or supervisory, are 

individually qualified to be licensed under the provisions of this 

chapter. 

e. The Gaming Commission may limit the number of 

persons who may be financially interested in the nature of their 

interest in any corporation or other organization or association 

licensed under this ordinance, and consistent with 25 U. S. C. 5 2700 

et seq. and establish such other qualifications for licenses as 

they may, in their discretion, deem to be in the public interest 

and consistent with the declared policy of the Tribe. 

6. Income to the Tribe from the gaming activity shall 

,only be used for the purposes described in Section 6 of this 

ordinance. 

Section 19. Manaqement Contracts. 

The Crow Tribe may enter into a management contract for the 

operation and management of Class I1 gaming activities. Each such 

contract must comply with the provisions of this Ordinance, other 

applicable provisions of tribal law (including, but not limited to, 

tribal employment preference laws), and provisions of federal law 

(including, but not limited to, 25 U.S.C. § 2711). 

Section 20. Games Permitted. 

A. The Tribe, and licensed Class I1 owners and 

operators may conduct bingo, Class I1 card games or a combination 

.of bingo and Class I1 card games. 

- .--.- --- ..- . --~- . - ... B. . . ,A bingo .facility at. each bingo occasion shall 

conduct bingo games and may additionally conduct such other Class 

I1 games as are permitted by the Gaming Commission as its operators 

or managers choose. . . 

C. A schedule of the Class I1 games to be 

conducted must be conspicuously posted at each entrance to the 

bingo facility each week in which games will be conducted at least 

24 hours prior to the start of the first game scheduled. The 

schedule must include a statement of the prizes offered for each 

game. 
Section 21. Binqo Game Cards. 

A. Each facility shall provide the game cards to be used for 

each bingo game conducted and each card shall be marked to indicate 

the issuing facility. 

B. Special bingo cards must be issued separately from 

regular bingo cards, and must be specially marked to indicate the 

particular special bingo game, including date, and the facility of 

issuance. In the case of computer-generated cards, the computer 

must be programmed to lock on a card at the start of the game, 

prior to calling of the first number or designated symbol, so as 

not to permit altering or changing of the card during the game, and 

every winning card be verified. A special bingo card shall be 

valid only for the designated game. 

Section 22. Player Limitation. 

The number of persons permitted to play any Class I1 game 

shall be determined by the owner, operator or manager as is . .. .. appropriate, except that: 

A. the number of people permitted in the facility or in 

any room in the facility shall not exceed the limitation of the 

number permissible under the applicable fire, building or other 

safety codes or standards. 

B. the number of people permitted to play any bingo 

game shall not exceed the number of seats available in the room(s) 

in which the game is being played. 

Section 23. Entry Prohibited. 

No person may enter any room in which a bingo game is being 

played unless the person is a player, except facility employees and 

persons present by authority of the Gaming Commission, for purposes 

of inspection or regulatory duties. 

Section 24. Hours of Operation: Notice to Commission. 

1. Class I1 gaming may be conducted 24 hours a day, 

seven days a week, subject to approval by the Gaming Commission. 

2. Prior to operation of Class I1 gaming or any change 

in hours of operation, the operator shall: 

a. Notify the Commission of the proposed hours and 

days its facility will be open, and the hours and days gaming will 

be conducted. 
b. The proposed schedule shall be approved unless 

the Commission notifies the owner or operator of its objection 

within 15 days of its receipt of the proposed schedule. 

c. If the Commission makes objection, it shall 

state its reasons and the changes necessary, and the proposer may 

submit a revised proposal accommodating the Commissionts 

objections, or may request an opportunity to rebut the objections. 

(i) Submission of a revised schedule, 

incorporating and accommodating the objections, shall be deemed 

approved upon its submission. 

(ii) If an opportunity to rebut is requested, 

a conference shall be set within fifteen (15) days. The Commission 

shall issue its decision, which shall be final and not subject to 

further appeal, within fifteen (15) days of the conference. 

IV. Class I11 Gaminq 

. Section 25. Exclusive ownership by Tribe. 

Class I11 gaming shall be owned and operated exclusively by 

the Tribe, and no license to own or operate any Class I11 gaming 

shall be issued to any other person or entity. 

Nothing in this paragraph shall be construed to require the 

Tribe to obtain an operator, owners or facility license as a 

condition of operating a Class I11 gaming operation. 

Section 26. Authorized Operation. . .- 

1. The Tribe may operate Class I11 gaming, at one or 

more facilities on Crow Indian lands. 

2. The Tribe shall submit its proposed Class I11 

operation, which shall be approved by the Gaming Commission if: 

a. the proposed facility is in compliance with 

safety r-equirements of this ordinance; and 

b. the Class I11 gaming proposed is consistent 

with the Compact; and 

c. the Class I11 gaming operation proposal 

complies with all other applicable laws and Tribal ordinances. 

3. The decision of the Gaming Commission shall be 

deemed a final administrative decision subject to review under the 

standard of review set out in 5 U.S.C. § 706. The decision shall 

be reviewable under the exclusive jurisdiction of the Crow Tribal 

Court, which is hereby granted jurisdiction to hear such appeals. 
. . 

Section 27. Manaqement Contracts. 

The Tribal Council may enter into a management contract for 

the operation and management of Class I11 gaming activities. Each 

such contract must comply with the provisions of this Ordinance, 

the Compact, other applicable provisions of tribal law (including, 

but not limited to, tribal employment preference laws), and 

provisions of federal law (including, but not limited to, 25 U.S.C. 

5 2711). 

Section 28. Games Permitted. 

A. The Tribe may conduct any Class I11 game or games 

permitted pursuant to the Compact. 

B. The Tribe may conduct any Class I11 game which is first 

legalized within the State of Montana after the date of the Compact 

then in effect, or which heretofore becomes permitted on Indian 

lands under federal law, pursuant to the Compact or amendments 

thereto. 

Section 29. Compliance with Compact. 

All Class I11 games conducted on Crow Indian lands shall be 

conducted in compliance with the Compact. 

Section 30. Requlation and Inspection. 

1. Class I11 gaming shall be regulated by the ~ribal 

Gaming Commission, which shall adopt all necessary and appropriate 

rules and regulations for Class I11 gaming including but not 

limited to: 

a. Game rules and conduct 

b. Public display of rules requirements 

c. Facility requirements 

d. Permitted Games Specifications and~ecpirements 

. ., . 

e. Background investigations, application and 

release forms. 

2. Class I11 facilities shall be open at all usual 

business hours for inspection by the Tribal Gaming Commission, and 

the State agency designated by the State of Montana pursuant to the 

Compact. 
Section 31. . Hours of Operation. 

1. Class I11 gaming may be conducted 24 hours a day, seven 

days a week, subject to approval by the Gaming omm mission. 

2. The Tribe shall submit, and the Gaming Commission shall 

approve, proposed hours of operation unless the proposed hours pose 

a risk to the health, welfare or safety of the public. 

V. Records and Audits 

Section 32. Records Maintenance. 

A. Each gaming facility shall maintain accurate and up-todate records for each gaming activity conducted. 

Records shall include records of: 

1. all financial transactions; 

2. all gaming machine testing, malfunctions, 

maintenance and repairs; 

3. personnel ; 

4. complaints of patrons; 

5. facility in-house investigations of any kind; 

6. incidents and accidents; 

7. actions by facility against players or facility 

visitors; 

8. actions by facility against or in reprimand of 

employees. 

Section 33. Independent Audits. 

.. - 

A. Gaminq ~ctivities Licensed or Conducted by the Tribe. 

The Tribal Gaming Commission shall require, and the -Tribal 

Council shall cause, an audit to be conducted each year on all 

Class I1 and Class 111 gaming activities licensed or conducted on 

Indian lands. Such audit(s) shall be conducted by an independent 

auditing firm, selected at the sole discretion of the Tribal 

Council, or the Tribal Gaming Commission on its behalf. However, 

nothing in this paragraph shall prohibit the annual audit of tribal 

gaming activities from being encompassed within the Tribe's 

existing audit system. 
B. Contracts for Supplies, Services or Concessions. 

Each contract for supplies, services, or concessions with a 

contract amount in excess of $25,000 annually (except contracts for 

professional legal or accounting services) relating to a Class I1 

or Class I11 gaming activity shall be subject to the independent 

audit required by subparagraph (A), above. 

C. Audit Report to be Provided to National Indian Gaminq 

Commission. The Tribal ~aming commission shall furnish a copy of 

each annual gaming activities audit report to the Gaming Committee 

and the National Indian Gaming Commission, as required by 25 U.S.C. 

s 2710(b) (2) (c). 

V. Violations 

Section 34. Crimes; Penalties. 

A. It shall be unlawful for any person to: 

1. Operate or participate in gaming on Indian lands in 

'violation of the provisions of this Code or in violation of rules 

and/or regulations promulgated pursuant to this Code; 

2. Knowingly make a false statement in an application 

for employment with a gaming activity or enterprise, or in an 

application for a license to operate a gaming activity or 

enterprise on crow Indian lands; or 

3. Bribe or attempt to bribe, or unduly influence or 

attempt to unduly influence, any person who licenses, operates, 

conducts, assists, or is otherwise employed in a gaming activity or 

enterprise located on Crow Indian lands. 

B. Any Indian who violates a provision of this ordinance or 

of other tribal law relating to gaming activities may be fined not 

more than $1,000 and/or imprisoned for up to one year for each 

violation. A separate violation occurs on each day that a 

violation arises or continues. 

C. Any property used in the conmission of a violation or a 

provision of this Ordinance may be seized by the Gaming Commission 

or their agents The owner of the property shall be afforded an 

opportunity to object and be heard in accordance with principles of 

due process. If no objection is raised, or the objection is not 

sustained, the Tribe may dispose of the seized property. 

D. Any non-Indian who violates a provision of this Ordinance 

may be excluded from the Indian lands within the jurisdiction of 

the Crow Tribe. 
Section 35. Civil Penalties. 

A. Any person or entity who violates any term or condition 

of any license issued pursuant to this Ordinance or any provision 

of a management contract issued pursuant to Sections 19 and/or 27 

or Section 34, above, may be assessed a civil penalty by the Tribe. 

Such penalty may be assessed only after the person or entity has 

been given notice and an opportunity to be heard before the Tribal 

Court. Each violation shall be treated separately and may be 

assessed as a separate violation. 

B. The penalty assessed pursuant to subparagraph A, above, 

shall not exceed $5,000 per violation, or twice the amount of any 

grand prize awarded in a gaming activity which is directly 

associated with the violation, whichever is greater. 

C. Civil penalties provided for in this Section may be 

imposed in addition to the criminal penalties provided for in 

Section 34 above. 

Section 36. Enforcement. 

After any person or entity fails or refuses to pay a final 

assessment levied pursuant to Section 34 and/or 35 above, the Tribe 

may proceed to collect the assessment by initiating a civil action 

against the person or entity in the Tribal Court or in any other 

court of competent jurisdiction. In such civil action, validity 

and amount of the assessment shall not be subject to judicial 

review. The Tribe shall be entitled to all remedies in law or in 

equity that are available to civil litigants generally. 

VI. Validity of Ordinance 

Section 37. Severability. 

If any provision or provisions in this Ordinance are held 

invalid by a court of competent jurisdiction, this Ordinance shall 

continue in effect as if the invalid provision(s) were not a part 

hereof. 

Section 38. Effective Date of Ordinance. 

This Ordinance shall take effect upon adoption of the Tribal 

Council. 
CERTIFICATION 

The foregoing Ordinance was on t duly 

adopted by a vote of for, and against, by the Crow 

Indian Tribal Council pursuant to authority vested in it by the 

Constitution and Bylaws of the Crow Tribe as indicated in the body 

hereof. 

crowgam.ord\djc 

January 10, 1994 
CROW TRIBAL COUNCIL 

P.O. Box 159 

Crow Agency, MT 59022 

(406) 638-260 1 

CLARA NOMEE, Madame Chairman 

JOSEPH PICKETT, Vice Chairman 

BLAINE SMALL, Secretary 

KAYLE K. HOWE, Vice Secretary 

Crow Country 

I, Blaine Small, Secretary of the Crow Indian Tribe Tribal 

Council, do hereby certify that the attached First Amendment to 

Crow Tribe Gaming Ordinance (As Amended, 1994) is a true and 

correct copy of the original of said instrument executed by Madam 

Chairman Clara Nomee and Secretary Blaine Small on Februarv 7 , 

1994. 

Residing at Crow Agency, Moti:ana 

My Commission Expires September 16, 1996 

A', ---?&&. r 

, : 

L ,,-.Gi/ 

Blaine Small, Secretary 

Crow Tribal Council 
FIRST AMENDMENT 

CROW TRIBE GAMING ORDINANCE 

(As Amended, 1994) 

This First Amendment is a technical amendment to the Crow 

Tribe Gaming Ordinance (as Amended, 1994) (hereinafter "Amended 

Gaming Ordinance") . On January 8, 1994, pursuant to Resolution No. 

94-20, the Crow Tribal Council adopted and approved the Amended 

Gaming Ordinance to conform with all applicable requirements of the 

National Indian Gaming Commission (hereinafter gtNIGCvt) and directed 

the Crow Tribal Officials to finalize and implement the Amended 

Gaming Ordinance. In order to conform with all applicable 

requirements of the NIGC, Section 14 (C) (4) (13) of the Amended 

Gaming Ordinance is amended to read in its entirely as follows: 

II (13) Fingerprints consistent with procedures adopted by 

the Tribal police or the Commission consistent with 

25 C. F.R. 5522.2 (h) . Fingerprints shall be taken 

by the Tribal Police, or the State police of the 

State in which the applicant resides, and shall be 

sent directly to the National Indian Gaming 

Commission by the law enforcement agency taking the 

fingerprints; and" 

Date: February 7, 1994. r \ .- L,:-L:; , 5 / 

. 7 / f Y -. Clara Nomee, Madam Chairman 

Crow Tribal Council 

Blaine Small, Secretary 

Crow Tribal Council 
RESOLUTION NO. 94-20 

A RESOLUTION OF THE CROW TRIBAL COUNCIL ADOPTING AMENDMENTS TO THE 

CROW TRIBAL GAMING ORDINANCE TO GOVERN ALL CLASS I, I1 O I11 GAMING 

ACTIVITIES ON THE CROW INDIAN RESERVATION. 

WHEREAS, the Crow Tribal Council is vested with authority to 

manage the affairs of the Crow Tribe pursuant to Article 7, Section 

6 of the Crow Tribal Constitution, and 

WHEREAS, an ordinance regulating Class I, I1 and I11 gaming, known 

as the Crow Indian Tribe of Montana's Gaming Ordinance was adopted 

on April 9, 1992 by Resolution No. 92-26 for the purpose of 

authorizing Class I, I1 and 111 gaming on the Crow Indian 

Reservation pursuant to, and consistent with, the Indian Gaming 

Regulatory Act, 25 U.S.C. S 2701 et seq., and 

WHEREAS, the said Ordinance was submitted to the National Indian 

Gaming Commission ("NIGC") on August 24, 1993 for approval pursuant 

to 25 U.S.C. S 2701, and 

WHEREAS, the NIGC has promulgated and adopted additional 

regulations governing the required contents of gaming ordinances 

since the adoption of Resolution No. 92-26, and 

WHEREAS, the NIGC advised the Tribe by letter dated October 29, 

1993 that its Gaming Ordinance required amending so as to be in 

compliance with its regulations 25 C.F.R. SS 502.14, 502.18, 522 in 

order to be approved. 

NOW, THEREFORE BE IT RESOLVED, that the Crow Tribal Council hereby 

adopts and approves the attached amended Crow Tribe Gaming 

Ordinance which supersedes the Gaming Ordinance which was 

previously approved by Resolution No. 92-26 so that if conforms to 

all NIGC requirements, and 

BE IT FURTHER RESOLVED, that the Crow Tribal Council hereby 

authorizes the establishment of Crow Gaming Technology, Inc. as a.\, 

tribally-owned business entity organized for all lawful purposes to 

include the ownership, development, management and operation of a 

gaming test laboratory and related facilities on lands within the 

jurisdiction of the Crow Tribe, and the procurement of gaming 

machines, devices and equipment for distribution and supply to 

gaming operations both within and without the jurisdiction of the 

Crow Tribe. 

BE IT FURTHER RESOLVED, that the Crow Tribal Council hereby 

approves the Articles of Incorporation of Crow Gaming Technology, 

Inc., a copy of which are attached hereto and incorporated herein 

by reference, and that Crow Gaming Technology, Inc. shall exist and 

be empowered pursuant to its Articles of Incorporation. 

BE IT FURTHER RESOLVED, that the Crow Tribal Council hereby 

authorizes and directs the Chairperson of the Tribal Council to 

execute the Articles of Incorporation of Crow Gaming Technology, 

Inc. and to appoint the initial Board of Directors, and further 

authorizes that Tribal Officials to take all necessary actions 

under the Articles of Incorporation and/or otherwise necessary to 

implement and fulfill the intent of this Resolution, and further 

authorizes the Board of Directors of Crow Gaming Technology, Inc. 

to waive the sovereign immunity of Crow Gaming Technology, Inc. in 

the manner and to the extent deemed necessary by said Board of 

Directors to carry on the business affairs of the corporation. 

BE IT FURTHER RESOLVED, that the Crow Tribal Council hereby 

authorizes the establishment of Absaloka Casino Enterprises, Inc. 

as a tribally-owned business entity organized for all lawful 

purposes to include the ownership, development, management and 

operation of a Tribal Casino and additional Tribal gaming 

activities and facilities on lands within the jurisdiction of the 

Crow Tribe. 
BE IT FURTHER RESOLVED, that the Crow Tribal Council hereby 

approves the Articles of Incorporation of Absaloka Casino 

Enterprises, Inc., a copy of which are attached hereto and 

incorporated herein by reference, and that Absaloka Casino 

Enterprises, Inc. shall exist and be empowered pursuant to its 

Articles of Incorporation. 

BE IT PURTHER RESOLVED, that the Crow Tribal Council hereby 

authorizes and directs the Chairperson of the Tribal Council to 

execute the Articles of Incorporation of Absaloka Casino 

Enterprises, Inc., and to appoint the initial Board of Directors, 

and further authorizes the Tribal Officials to take all necessary 

actions under the Articles of Incorporation and/or otherwise 

necessary to implement and fulfill the intent of this Resolution, 

and further authorizes the Board of Directors of Absaloka Casino 

Enterprise, Inc. to waive the sovereign immunity of Absaloka Casino 

Enterprise, Inc. in the manner and to the extent deemed necessary 

by said Board of Directors to carry on the business affairs of the 

corporation. 

BE IT FURTHER RESOLVED, that the Crow Tribal Council does hereby 

transfer and convey all of the Crow ~ribe's right, title, and 

interest in all personal property located on the land known as the 

Little Bighorn Casino Site and/or intended for use in the gaming 

operations to be conducted on the Little Bighorn Casino Site to 

Absaloka Casino Enterprise, Inc., and that the chairperson of the 

Tribal Council is hereby authorized to execute any documents and to 

take any and all actions necessary or incidental to said transfer 

and conveyance. 

BE IT FURTHER RESOLVED, that the Crow Tribal Council hereby 

authorizes the execution, delivery and performance of a Business 

Lease by and between the Crow Tribe as Lessor and Absaloka Casino 

Enterprises, Inc. as Lessee leasing the lands and improvements 

known as the Little Bighorn Casino Site on the terms and conditions 

of the Business Lease attached hereto and incorporated herein by 

reference, and further authorizes the Chairperson of the Tribal 

Council to execute on behalf of the Tribe said Business Lease and 

all documents relating to or required by said Business Lease and to 

otherwise take all actions necessary to the performance of the 

Tribe thereunder. 

BE IT FURTHER RESOLVED, that the Crow Tribal Council does hereby 

grant to Absaloka casino Enterprise, Inc. the exclusive right to 

conduct Class I1 and Class I11 gaming activities, as authorized by 

the Crow Tribe's Gaming Ordinance, the Indian Gaming Regulatory Act 

(IGRA) and the Class I11 Gaming Compact between the Crow Tribe and 

the State of Montana, on that portion of the Crow Tribe's "Indian 

Lands1' (as such term is defined within IGRA) within a twenty-five 

(25) mile radius of Crow Agency, Montana, and further authorizes 

the Chairperson of the Tribal Council to extend said exclusivity to 

additional Indian Lands as the Chairperson may from time to time 

deem appropriate. 

BE IT FURTHER RESOLVED, that the Crow Tribal Council does hereby 

authorize the Chairperson of the Tribal Council on behalf of the 

Crow Tribe to approve and/or consent to an Investment Agreement, 

and Exhibits thereto, by and between Absaloka Casino Enterprise, 

Inc. and Crow Investment Partners, to the extent such approval 

and/or consent is required to consummate said Agreement, which 

Investment Agreement is attached hereto for reference and provides 

for the funding necessary to the development of Class 11 and Class 

I11 gaming activities on the Little Bighorn Casino Site, and 

further authorizes the Chairperson and Secretary of the Tribal 

Council to execute and deliver any documents relating to said 

approval and/or consent and to take any action necessary to fulfill 

any obligations of the Crow Tribe under said Investment Agreement 

or necessary to facilitate the satisfaction of the obligations of 

Absaloka Casino Enterprise, Inc. under said Investment Agreement. 
I BE IT FINALLY RESOLVED, that the Crow Tribal officials are hereby 

directed to finalize and implement this Resolution by directing the 

Crow Tribal Gaming Commission to follow the Crow Indian Tribe of 

Montana Gaming Ordinance, as amended, 1993, in regulation Class I, 

I1 and 111 gaming on the Crow Reservation. 

PASSED, APPROVED AND ADOPTED, by the Crow Tribal Council this 8th 

day of January, 1994, with unanimous votes for adoption, and O 

- votes against adoption. 

Blaine Small, Secretary 

CROW TRIBAL COUNCIL 

ATTEST: NOTED : n 

& i;L.&.,.&cc &[/$/-- 

Nomea, Madam ~h>irman John ~ereau, Superintendent 

CROW TRIBAL COUNCIL BUREAU OF INDIAN AFFAIRS 

Author: Crow Tribal Officials 
CROW TRIBE DESCRIPTION 

PURSUANT TO 25 C.F.R. 5522 

Backsround checks 

The Crow Tribe will conduct, or cause to be conducted 

background checks on all persons who apply for a license as a 

Manager, Primary Management Official or Key Employee. 

All persons applying for a license must submit a Crow Tribe 

Gaming License Application, a copy of which is attached hereto as 

Exhibit nA.ll 

The application includes a Privacy Act Notice, Consent to 

Disclosure of Tax Information, and a Financial Records Disclosure 

Authorization. Pursuant to the Application, prospective Manager, 

Primary Management Official and Key Employee, licensees must 

include an FD-258 Fingerprint Card. Fingerprinting may be 

performed by any law enforcement agency. 

The Crow Tribal Police will perform the criminal background 

checks. The checks will include submission of the fingerprint card 

to the F.B.I., together with such other information and documents 

requested thereby (e . g. photograph, driver' s license copy and/or 

complete application) . The Tribal police will also perform 

necessary continuing inquiry for a criminal history as is necessary 

and appropriate for the purpose of alerting the Tribe to any 

criminal conduct following license issuance. The Tribal police 

will report the criminal history background investigation to the 

Tribal Gaming Commission. 

The Tribal Gaming Commission will perform, or will cause to be 

performed, a civil background check and verification, including but 

not limited to obtaining a full credit report, financial 

institution records and making personal reference contacts. The 

Commission has retained the services of a qualified private 

investigator(s) for the investigation. 

Tribal Licensinq 

All Class I11 gaming on Crow lands will be owned solely by the 

Tribe. 

The Tribal Gaming Commission will issue temporary licenses for 

persons who, upon preliminarily review of their application and 

information, are acceptable. These licenses shall be valid for 90 

days unless sooner suspended or revoked. 

If the investigation report is favorable, and the applicant is 

deemed suitable for gaming employment, the Tribal Gaming Commission 

will issue a license. Each license will be valid for a period of 

one year, unless earlier suspended or revoked, and will be valid 
for a single location or facility. 

A copy of temporary and one year license forms now under 

consideration, and tentatively approved for use are attached hereto 

as Exhibit "B-1" and "B-2." 

Dispute Resolutions 

Disputes between the public and the gaming operation, whether 

identified as Management or the Tribe, which are not resolved by 

the parties themselves shall be in the first instance pursuant to 

Gaming Commission regulations. The complaining party must submit 

their complaint in writing to the Commission. Each party will be 

permitted to submit a written statement, and relevant 

documentation. An arbitration style hearing may be scheduled, and 

the Commission will issue a decision, unless the parties come to an 

agreement prior to the Commission1 s issuance of a decision. It is 

anticipated the average dispute resolution will require 30 days. 

If the complainant is not satisfied with the resolution issued 

by the Commission, they may seek judicial remedy through the Tribal 

Court, where appropriate.