PONCA TRIBE OF NEBRASKA

TRIBAL COUNCIL

RESOLUTION 02-36

WHEREAS, the Ponca Tribe of Nebraska is a federally recognized Indian tribe (P.L.

101-484) whose business affairs are conducted by the Ponca Tribal Council as defmed in

the Constitution approved July 22, 1994, by the Acting Deputy Commissioner of Indian

Affairs; and

WHEREAS, Pursuant to the Constitution of the Ponca Tribe of Nebraska, Article V, the

Ponca Tribal Council exercises legislative powers to enact and promulgate resolutions

and ordinances subject to all express restrictions upon such powers contained in the

Constitution; and

WHEREAS, the Tribal Council submitted a proposed Class I and Class II Gaming

Ordinance to the National Indian Gaming Commission for approval on April 11, 2002, in

order to operate a bingo hail in Crofton, Nebraska; and

WHEREAS, the National Indian Gaming Commission has failed to approve the proposed

Ponca Tribe ofNebraska Class I and Class II Gaming Ordinance on technical grounds;

and

WHEREAS, the Tribal Council is willing to amend the proposed Ordinance to include

retention of applications and background investigation reports for key employees and

primary management officials for inspection by the NIGC for at least three years, which

is consistent with Tribal policy and to add pit boss to the definition of key employee;

and

and

WHEREAS,

croupiers

the

as key

Tribal

employees

Council agrees,

despite

at

the

NIGC

Ordinances

insistence,

ban

to

on

inc1iid~

extending

~

credit and not

allowing Class III gaming and to make a technical change to the definition of primary

management official; and

WHEREAS, these changes are minor ones to an ordinance that is not yet in effect due to

lack of NIGC approval and do not require the amendment process for existing

ordinances.

THEREFORE, BE IT RESOLVED that the Ponca Tribal Council adopts the Ponca Tribe

of Nebraska Class I and Class H Gaming Ordinance with the three-year retention of

applications and reports and additions to definitions of key employee and PMO as

required by the National Indian Gaming Commission; and

BE IT FURTHER RESOLVED that the Tribal Council requests prompt approval of the

revised Gaming Ordinance and directs Counsel Michael Mason to take necessary steps to

secure said approval.
IPonca Tribe of Nebraska

Resolution 02-36

CERTIFICATION

THIS IS TO CERTIFY AN1) AFFIRM that the above and foregoing Resolution

was duly authorized and passed by the Tribal Council of the Ponca Tribe of Nebraska on

the 8th day of July 2002, at a duly called meeting held in Norfolk, Nebraska by a vote of

8 Ayes; ~ Nays; C Abstained; 0 Absent. Chairperson

_____voting tnot voting. A Quorum of 0~ was present.

ATTEST

Fred LeRoy, Chairman Alex Taylor, Secret

Ponca Tribe of Ne Ponca Tribe ofNebraska
PONCA TRIBE OF NEBRASKA

CLASS I AND CLASS II GAMING ORDINANCE

I. Authority & Purpose

The Ponca Tribal Council has the authority to adopt this Gaming Ordinance under the

Constitution of the Ponca Tribe of Nebraska Article V, Section 1, and Article XII,

effective as to Class H gaming upon approval of the National Indian Gaming

Commission under the Indian Gaming Regulatory Act (IGRA), retroactive to the

date of enactment of the Ordinance.

The purpose of this Ordinance is to set forth the terms for Class I and Class II gaming

operations on tribal lands.

II. Gaming Authorized

Class I and Class II gaming as defmed in IGRA, P.L. No. 100-447, 25 U.S.C. §2703,

and by the regulations promulgated by the National Indian Gaming Commission at 25

C.F.R. Part 502 is hereby authorized.

III. Ownership of Gaming

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

conduct of any gaming operation authorized by this Ordinance.

IV. Definitions

The following definitions shall apply to gaming and other activities conducted under

this Ordinance:

(1) Bylaws means the operating document of the Ponca Gaming

Commission.

(2) Class I Gaming 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.

(3) Class II Gaming means

(A) Bingo or lotto (whether or not electronic, computer or other

technologic aids are used) when players:

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1. Play for prizes with cards bearing numbers or other

designations;

2. Cover numbers or designations when objects, similarly

numbered or designated, are drawn or electronically

determined; and

3. Win the game by being the first person to cover a

designated pattern on such cards.

(B) If played in the same location as bingo or lotto, pull-tabs or

pickles, punch boards, tip jars, instant bingo, and other games

similar to bingo;

(C) Nonbanking card games that State law explicitly authorizes, or

does not explicitly prohibit, and are played legally anywhere in

the State, and that players play in conformity with state laws

and regulations concerning hours, periods of operation, and

limits on wagers and pot sizes.

(4) Commission means the Ponca Gaming Commission.

(5) Director means the director of the Ponca Gaming Commission.

(6) Gaming Operation means each economic entity licensed by the Tribe

that operates games, receives gaming revenues, issues gaming prizes and

pays the expenses of operation. Said operation may be operated by the

Tribe directly or by a management contractor.

(7) Gross Revenue means the total monetary value due any operator of

gaming activity for any chance taken, for any table fees for card playing,

or other fee for participation or admittance, as evidenced by required

records. The value shall be stated in U.S. currency, before any deductions

or allowances for prizes, payout winnings, cost of operation, taxes, labor

expenses, equipment or materials used, or any other expenses.

(8) Key Employee means the four most highly compensated persons in the

gaming operation and a person who performs one or more of the

following functions:

(A) Bingo caller;

(B) Counting room supervisor;

(C) Chief of security;

(D) Custodian of gaming supplies or cash;

(E) Floor manager;

(F) Dealer; or

(G) Custodian of gambling devices including persons with access to

cash and accounting records within such devices; If not

otherwise included, any other person whose total cash

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

(H) Pit boss;

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(I) Croupier;

(J) Approver of credit.

Notwithstanding their designation as key employees, croupiers and approvers

of credit shall not be hired by any gaming facility nor given a gaming license

by the Ponca Gaming Commission.

(9) Licensee means any person who holds a valid and current license

pursuant to the provisions of this Gaming Ordinance.

(10) Management Contract means 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.

(11) Net Revenue means gross gaming revenues of the gaming operation

less amounts paid out as, or paid for, prizes; and total gaming-related

operating expenses, excluding management fees.

(12) NIOC means the National Indian Gaming Commission.

(13) Ponca Indian Land or Indian Land means land over which the Tribe

exercises governmental power and that is either:

(A) held in trust by the United States of America for the benefit of

the Tribe or any Indian individual; or

(B) held by the Tribe or a member of the Tribe subject to restriction

by the United States against alienation.

(14) Primary Management Official or PMO means

(A) The person having management responsibility for a

management contract;

(B) Any person who has authority:

(1) to hire and fire employees;

(2) to set up working policy for the gaming operation; or

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

management responsibility.

(15) Secretary means the Secretary of the Interior.

(16) Tribal Council or Council means the governing body of the Ponca

Tribe of Nebraska.

(17) Tribe or Ponca Tribe means the Ponca Tribe of Nebraska.

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V. Use of Gaming Revenue

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

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

general welfare of the Tribe and its members, promote tribal economic

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

government agencies.

VI. Audit

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

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

Indian Gaming Commission.

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

services, or concessions in excess of $10,000. annuaily, except contracts for

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

audit.

VII. Protection of the Environment and Public Health and Safety

Class II gaming facilities shall be constructed, maintained and operated in a

manner that adequately protects the environment and the public health and

safety.

VIII. License Location

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

Indian land where Class II gaming is conducted under this Ordinance.

IX. Gaming Commission

A. In order to regulate gaming on Ponca Indian Lands, the Ponca Gaming

Commission is hereby established. The Commission is vested with all necessary

powers to enforce this Ordinance.

B. Members, Qualifications. The Commission shall have three members, one of

whom shall not be a Tribal member, appointed by the Council.

Commissioners must be at least 25 years of age. The Member from outside

the Tribe must have at least two years of gaming management or regulatory

experience or law enforcement experience. Any appointment will be

temporary, pending completion of a backgiound investigation. No

Commissioner may have committed a gambling or bribery offense or have a

felony conviction, any financial interest in, or management responsibility for,

any gaming activity governed by this Ordinance, including a Management

Contract.

C. Director. The Commission may hire a director to be responsible for day-to

day monitoring of gaming activities. The director must have at least two years

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of gaming regulatory experience and have qualifications at least as strict as the

Commissioners. In all decisions and actions, the Director shall act to ensure

the honesty, integrity, fairness, and security of the Commission and gaming

activity.

D. Terms. Commissioners shall serve two-year terms, except for the first

Commissioners, one of whom shall serve a one-year term to assure some

continuity.

E. Powers. The Tribal Council delegates the following powers to the

Commission, not to be removed except by amendment of this Ordinance:

1. To implement this Ordinance and secure and protect the honesty,

integrity, fairness, and security of the Commission and gaming

activity.

2. To adopt and submit to the Tribal Council an annual operating budget.

3. To adopt Bylaws, rules and regulations consistent with its delegated

powers.

4. To develop licensing procedures for all employees of the gaming

operation.

5. To issue, suspend, revoke, and renew licenses of PMOs and key

employees upon completion of background investigations and after

following Commission procedures for same.

6. Conduct background investigations on PMOs and key employees

according to requirements that are at least as stringent as those in 25

CFR Parts 556 and 558.

7. To revoke for cause any gaming license.

8. To forward complete employment applications for PMOs and key

employees to the NIGC. Said applications should include the notices

in~1below.

9. To forward completed investigative reports on each background

investigation for each PMO and key employee to the NIGC prior to

issuing a license.

10. To review PMO and key employee applicants activities, criminal

record, if any, and reputation, habits and associations to make a

finding of their eligibility to be a PMO or key employee in the gaming

operation.

11. To ensure that gaming facilities of the Tribe are constructed,

maintained and operated in a manner that adequately protects the

environment and the public health and safety.

12. To obtain annual independent outside audits and submit these to the

NIGC.

13. To ensure that net revenues from gaming activities are used for the

purposes set forth in § V above.

14. To monitor gaming activities to ensure compliance with tribal laws.

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15. To work with other law enforcement and regulatory agencies and act

as a peace officer of the Tribe as needed to carry out Commission

powers.

16. To conduct investigations of possible violations of this Ordinance and

gaming rules and regulations, issue subpoenas, and take enforcement

action, including seizing evidence and impounding winnings.

17. To provide a quarterly report to the Tribal Council on status of the

Tribes gaming activities.

18. To issue subpoenas, take testimony, and conduct hearings on

regulatory matters, including licensure.

19. To ensure establishment and to approve minimum internal control

standards and procedures for the gaming operation(s).

20. To license or permit persons supplying the gaming operation(s).

21. To develop procedures for resolving patron disputes and to resolve

those disputes not resolved by the gaming operation(s).

22. To implement and enforce all rights and obligations of the Tribe

established by any Management Agreement

F. Bylaws. The Commission shall adopt bylaws for the conduct of business,

which shall include the following provisions;

1. The Commission shall select a Chair from its membership annually,

who shall have the power to convene special meetings with not less

than 48 hours notice to the Commissioners.

2. General meetings of the Commission shall be open to the public.

3. The Commission may go into executive session, but may only take

official action while in executive session on Commission personnel

and licensing matters.

G. Compensation. Commissioners shall be compensated at a rate set biennially

by the Commission and approved by the Council. Commissioners shall be

reimbursed for all actual expenses incurred on Commission business,

including necessary travel expenses.

1-1. Vacancy and Removal.

1. Vacancy. A Commissioners seat shall be immediately vacant upon

conviction of any gambling offense or of bribery, or of any felony, or

upon the third consecutive unexcused absence from Commission

meetings. The Commission shall advise the Council of recommended

replacements as soon as possible and the Council shall appoint a

replacement to complete the term of the vacancy within 30 days.

2. Removal. Commissioners may only be removed for cause, including

excessive use of intoxicants, use of position for personal gain, failure

to perform Commission duties, violation of this Ordinance or other

law of the Tribe, and bringing discredit or disgrace to the Commission

or the Tribe. Removal may be done by vote of the other

Commissioners or, in the event of their failure to remove, by a 2/3 vote

of the Tribal Council at a meeting duly called to consider said

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removal. The Director shall give written notice of the alleged cause

for removal and date for the removal meeting to the accused

Commissioner at least 21 days before said meeting.

3. Suspension. The Commission shall suspend any Commissioner who is

charged with any felony or any gambling or bribery offense until

charges are dismissed or the Commissioner is acquitted or convicted.

I. Licenses for Key Employees and PMOs.

1. The Commission shall develop license application forms for Key

Employees and PMOs which shall include requests for all information

listed in this section and the following notices:

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. §270 1 et seq. The purpose of the requested information is to

determine the eligibility of individuals to be employed in a gaming

operation. The information will be used by National Indian Gaming

Commission members and staff who have need for the information in the

performance of their official duties. The information may be disclosed to

appropriate Federal, Tribal, State, local, or foreign law enforcement and

regulatory agencies when relevant to civil, criminal or regulatory

investigations or prosecutions or when pursuant to a requirement by a tribe

or the NIGC 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 tribes being unable

to hire you in a primary management official or key employee position.

The disclosure of your Social Security Number (SSN) is voluntary.

However, failure to supply a SSN may result in errors in processing your

application.

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.)

2. Each applicant for Commission membership, PMO or Key Employee

shall provide all of the following information:

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

SSN(s), birth date, place of birth, citizenship(s), gender, all

languages spoken or written;

b. Currently and for the previous 5 years: business and

employment positions held, ownership interests in those

businesses, business and residence addresses, and drivers

license numbers;

c. Names and current addresses of at least three personal

references, including one personal reference who was

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acquainted with the applicant during each period of residence

listed under paragraph b;

d. Current business and residence telephone numbers and email

addresses;

e. Description of any existing and previous business

relationships with Indian tribes, including ownership interests

in same.

f. A description of any existing and previous business

relationships with the gaming industry generally, including

ownership interests in those businesses;

g. The name and address of any licensing or regulatory agency

with which the person had filed an application for a license or

permit related to gaming, whether or not such license or

permit was granted;

h. For each felony for which there is an ongoing prosecution or

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

involved, and the date and disposition, if any;

i. For each misdemeanor conviction or ongoing misdemeanor

prosecution (excluding minor traffic violations) within 10

years of the date of the application, the name and address of

the court involved and the date and disposition;

j. For each criminal charge (excluding minor traffic violations)

within 10 years of the date of application and not listed

pursuant to paragraphs h and i, whether or not there was a

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

involved and the date and disposition;

k. Name and address ofany licensing or regulatory agency with

which the person had filed an application for an occupational

license or permit, whether or not such license permit was

granted;

1. A current photograph;

m. Any other information the Commission deems relevant; and

n. Fingerprints consistent with procedures adopted by the Tribe

according to 25 C.F.R §522.2(h).

3. The Commission shall conduct an investigation sufficient to make an

eligibility determination of each applicant. This includes review of the

applicants prior activities, criminal record, if any, reputation, habits

and associations to make said determination for employment in a

gaming operation. If the Commission determines that employment of

the applicant poses a threat to the tribal interest or to the effective

regulation of gaming, or creates danger of unfair or illegal practices,

methods, or activities in the conduct of gaming, a gaming operation

shall not employ that person in a key employee or PMO position.

4. The Commission shall retain applications for each PMO and key

employee and background investigation reports for inspection by the

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NIGC for at least three years from the date of termination of

employment of the PMO or employee.

X. Forwarding Applications ~nd Reports on Key Employees/PMOs to the NIGC

1. When a key employee or PMO begins work at a gaming operation authorized by

this Ordinance, the Commission shall forward to the NIGC a completed

application for employment and a statement of the status of the persons

background investigation.

2. Within 60 days of a key employee/PMO beginning work at a gaming operation,

the Commission shall forward to the NIGC an investigative report on their back

ground investigation, including:

a. Steps taken in conducting the investigation;

b. Results obtained and conclusions reached; and

c. Bases for conclusions.

3. With the report, the Commission shall submit a copy of the eligibility

determination made under §IX.

XI. License Suspension and Appeals

1. If the Commission receives reliable information that a licensed PMO or Key

Employee is ineligible for employment or has violated this Ordinance or the

Tribes health or safety laws, the Director shall either suspend the license or

notify the licensee of imminent suspension, and notify the Commission and

the licensee in writing of proposed penalties for the violations.

2. The notice shall include the alleged ineligibility or violation, the time and

place for hearing on the proposed penalties, and the statement that the licensee

may bring witnesses and present other evidence on his/her behalf.

3. After the hearing, the Commission shall issue findings of fact and the decision

whether to revoke, suspend, or condition the license, or lift the suspension.

The Commission shall notify the gaming operation, the licensee, and the

NIGC of the decision.

4. Any licensee aggrieved by a decision of the Commission has the right to

appeal the determination to the Tribal Court but only on grounds of violation

of Tribal Constitutional rights. Such appeal must be filed with the Court on or

before the 14th day following receipt of the determination of the Commission.

Review shall be on the record, final, and no further appeal may be had.

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XII. Annual Assessment for the Gaming Commission

The Commission is authorized to assess each gaming facility up to $15,000 for cost

of Commission operations. The assessment shall be deemed an operating expense of

each gaming facility.

XIII. Management Contract Execution

1. A gaming management contract may only be executed if it provides for:

a. Verifiable fmancial reports to the Council on a monthly basis;

b. Access to the operations of the gaming facility by tribal officials for

verifying Strict accounting procedures and verifiable financial reports that

are prepared for daily gross revenues and income;

c. A term not to exceed five years;

d. Management fees not to exceed 25% of net revenue;

e. Grounds for and manner of terminating the Contract;

f. Hiring preference for qualified members of the Tribe in the gaming

operation;

g. Payment of Commission expenses as part of net revenues of the gaming

operation and payment of a fee for the background investigation of the

Management Contractor.

2. No management contract shall transfer, convey, encumber, or otherwise create

any interest in real property.

3. The Commission shall have authority, after notice and opportunity for hearing, to

require appropriate contract modifications or to invalidate any contract if it finds

the contractor has permitted the violation of any provision of Section XIV or XV.

XIV. Prohibition Against Certain Individuals

It shall be a violation of this Ordinance for any licensee to knowingly fail to exclude

or eject from the gaming facility any individual:

Under the influence of liquor, or narcotic or controlled substance taken illegally;

Under the age of eighteen;

Engaging in disorderly conduct; or

Armed and not engaged in legitimate law enforcement activity.

XV. Unlawful Acts

A. It is unlawful for any person to:

1. Alter or misrepresent the outcome of a game or other event on which wagers

have been made after the outcome is sure but before it is revealed to the

player,

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2. Place or change a bet or wager or determine the course of play after gaining

knowledge, not available to all players, of the outcome of the game/event that

is the subject of the bet or wager, including past-posting and pressing bets,

3. Aid anyone in gaining knowledge as stated in paragraph 2, for the purpose of

changing a bet or wager, or for the purpose of determining the course of play

contingent upon that event or outcome,

4. Claim, collect or take, or attempt to claim, collect or take, money or anything

of value in or from a game with intent to defraud, without having made a

wager thereon, or to claim, collect or take an amount greater than the amount

won,

5. Knowingly entice or induce another to go to any place where a game is being

played in violation of this Ordinance,

6. Reduce the amount wagered or cancel a bet after acquiring knowledge of the

outcome of the game or other event that is the subject of the bet or wager,

including pinching bets,

7. Manipulate any component of a gambling device in a manner contrary to the

designed and normal purpose for the component, with knowledge that the

manipulation affects the outcome of the game,

8. Except as specifically permitted by the Commission, use or possess with

intent to use, at any table game any calculator, computer, or other electronic,

electrical, or mechanical device to assist in projecting an outcome of any table

game, to keep track of or analyze the cards having been dealt, to change

probabilities ofany table game or the playing strategies utilized,

9. Trespass upon any premises licensed under this Ordinance,

10. Take anything of value from a gaming fhcility without authorization,

11. Offer or provide credit for gaming.

B. Any person who conducts any gaming or gaming related activity on property

subject to this Ordinance without a license, or engages in any activity thereon in

violation of a license or terms imposed on same, or in violation of any provision of

this Ordinance or regulation thereunder, shall be in violation of this Ordinance. Said

person shall be subject to loss or suspension of license and other legal action.

C. No fine shall be assessed nor any action taken for any violation under this section

unless a charge is filed with the Commission or the Tribal Court within 18 months of

the commission of the offense.

D. No Council member, Commissioner, Board Member licensee, or Commission

employee may receive compensation, gift, or payment of more than nominal value

from any person doing business or wishing to do business with the Tribe relating to

gaming nor from any person wishing to obtain an advantage in any wager on gaming

in the facility. Any property received in violation of this provision shall be

automatically forfeited to the Tribe and the offending person(s) shall be prosecuted

for accepting a bribe. The Commission shall cooperate fully with any Federal law

enforcement agency to pursue prosecution under applicable Federal law.

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XVI. Severability

If a court of competent jurisdiction determines that any provision of this Ordinance is

invalid, the remainder of the Ordinance will remain in full force and effect. The

Commission will determine whether an amendment to the Ordinance is then needed

to effect its purposes, and if so, present a proposed amendment to the Tribal Council

as soon as practicable.

XVII. Effective Date

This Ordinance is enacted by the Tribal Council pursuant to Resolution 02-36. Upon

approval of the Ordinance by the NIGC, the Ordinance will be effective back to the

date of enactment.

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