Via US. Mail and Facsimile 

Harold Frazier, Chairman 

Cheyenne River Sioux Tribe 

P.O. Box 590 

Eagle Butte, South Dakota, 57625 

April 10, 2018 

Re: Amended Indian Gaming Regulatory Ordinance and new Small and Charitable Bingo 

Ordinances of the Cheyenne River Sioux Tribe 

Dear Chairman Frazier: 

This letter responds to your November 14, 2017 request1 on behalf of the Cheyenne River 

Sioux Tribe for the National Indian Gaming Commission Chairman to review and approve the 

Tribe's amendments to its Indian Gaming Regulatory Ordinance and its promulgation of the Small 

and Charitable Bingo Ordinance. 

The revised and new gaming ordinances were adopted by Tribal Council Resolutions No. 

327-2017-CR on September 15, 2017; No. 328-2017-CR on September 15, 2017; and No. 74-2018-

CR on March 15, 2018. Together, the resolutions wholly revise and update the Tribe's Indian 

Gaming Regulatory Ordinance and create a new ordinance with provisions specific lo small and 

charitable gaming. 

Thank you for bringing these resolutions to our attention and for providing us a copy of the 

updated and new ordinances. The ordinances are approved as they are consistent with the 

requirements of JGRA and the NIGC's regulations. If you have any questions, please contact Senior 

Attorney Jennifer Lawson at (202) 632-7003. 

Sincerely, 

cc: Mark Van Norman, esq. (by email only: mcvnconsulting@gmail.com) 

1 N IGC worked with the Tribe to obtain a complete submission and did so on January 12, 2018, starting the 90-day 

regulatory timeline for ordinance approval. The Tribe later supplemented its submission with additional 

amendments submitted to NIGC on March 28, 2018. 

NEW MAILING ADDRESS: NIGC/OEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop# 1621 Washington, DC 20240 Tel: 202.632.7003 Fox: 202.632.7066 

REGIONAL OFFICES Porllond, OR; Sacromenlo, CA; Phoenix, AZ; St, Poul, MN; Tulsa OK; Okla homa City, OK 

WWW.NIGC.GOV 
CHAIRMAN 

Harold C. Frazier 

SECRETARY 

EvAnn White Feather 

TRIBAL COUNCIL MEMBERS 

DlSTRICT1 

Bernita In The Woods 

Bryce In The Wood& 

TREASURER 

Benita Clait 

DISTRICT2 

Theodore Knife, Jr. 

VICE-CHAIRMAN 

Robert Chasing Hawk, Sr. 

DISTRICT3 

Edward Widow 

John C. Kessler 

P.O. 8ox590 

Eagle Butte, South Dakota 57625 

Phone: (605) 964-4155 

Fax: (605)964-4151 

OlSTRlCT4 

James L. Pearman 

Kevin Kedder 

Merrie Miiier 

Mark J. Knight 

TRIBAL MEMORANDUM DISTRIC1' 5 

Ryman LeBeau 

Raymond Vses The Knife 

Robert Chasing Hawk, Sr. DATE 03/15/18 

TO 

Derek Bartlett 

DISTRICT& 

Tuffy Thompson 

Wade Tater Ward 

FROM 

SUBJECT 

SUPERINTENDENT, Cheyenne River Agency 

Ev Ann White Feather, Tribal Secreta 

Resolution No. 74-2018-CR: That the Cheyenne River Sioux Tribal Council hereby 

amends the Tribe's small and Charitable Bingo Ordinance, enacted by Resolution 

No. 327-2017-CR, by striking the existing language of Section 4 and replacing it 

with the following language: 4. Licensing of Persons for Charitable Bingo 

Operation. AU management or key employees In the conduct of Charitable 

Bingo under this Ordinance must be licensed In accordance with the Indian 

~aming Regulatory Act, NIGC regulations, and the Cheyenne River Sioux 

Tribe Indian Gaming Regulatory Ordinance. The CRST Indian Gaming 

Regulatory Commission shall assist the Bingo Board by conducting 

background checks and licensing Bingo management and key employees. 

Additionally., bingo employees shall be subject to drug testing in 

connection with their appointment ln accordance with standards and 

procedures established for drug testing of tribal employees generally, ETC. 

and contains the protr1is1on. 

Transmitted herewith are an original and two (2) copies of Resolution No. 74-2018-CR which was 

duly adopted by the Cheyenne River Sioux Triba' Council during its Special Session held on 

March 14, 2018. · 

Cc: Chairman 

Treasurer 

Administrative Officer 

Tribal Comptroller 

Central Records 

Commtttee Secretary 

District Officers (6) 

Legal Department 

File/2 

The blue represents the·thunderclouds above the world where llve the thunder birds who controt lhe four winds. The rainbow is for the Cheyenne River 

Sioux people who are keepens of the Most Sacred Calf Pipe, a gift from the White Buffalo Calf Maiden. The eagle feathers at th e edges of the rim of the 

worfd mpresent the spotted eagfe who is <fie protector of all C.akota. The (Wo pipes fused' together are for unify. One pipe is for (f'te takota, ff'le ofher for 

an the.other Indian Nations. The yellow hoops represent the Sacred Hoop, which shall not be broken. The Sacred Calf Pipe Bu ndle In red represents 

Wak.an T.anka - ~ Greal M.)'Stely. All fbe coJQtS of 1he .l.akoJa are vlslbla T.ll.e red, )lellow, hladl and white represflTll lhe fo ur majoT races.. T.l:le blue ls 

for heaven and the green for Mother Earth. · 
RESOLUTION NO. 7'°'2018..CR 

WHEREAS, the Cheyenne River Sioux Tribe of South Dakota is an unincorporated Tribe 

of Indians, having acoepted the provisions of the Ad of June 18, 1934 [48 

Stat. 984]; and 

WHEREAS, the Tribe, in order to establish its tribal organization, to conserve its tribal 

property, to develop its common resources, and to promote the general 

welfare of its people, has ordained and established a Constitution and By· 

Laws; and 

WHEREAS, pursuant to Article Ill, sec. 1, of the Constitution, the Tribal Council is the 

governing body of the Tribe; and 

WHEREAS, on September 6, 2017, the Cheyenne River Sioux Tribe enaded the Small 

and Charitable Bingo Ordinance by Resolution No. 327-2017-CR to 

regulate the Tribe's Small Charitable Bingo Operation, and enacted the 

lndian Gaming Regulatory Ordinance by Resolution No. 328-2017-CR to 

govern Class II and Class Ill Indian gaming more generally on the Indian 

lands of the Cheyenne River Sioux Tribe; and 

WHEREASt the Cheyenne River Sioux Tribe submitted said Ordinances for review and 

approval by the National Indian Gaming Commission, as required by the 

Indian Gaming Regulatory Act (°IGRA"), 25 U.S.C. sec. 2701, et seq.; and 

WHEREAS, the Nationa' 'ndian Gaming Commission's General Counsel Office 

. requested the changes set forth below prior to approval of said Ordinances, 

and in order to expedite approval of said Ordinances, the Cheyenne River 

Sioux Tribe accepts the proposed changes in accordance with the IGRA; 

now 

THEREFORE BE IT RESOLVED, that the Cheyenne River Sioux Tribal Council hereby 

amends the Tribe's Sman and Charitable Bingo Ordinance, enacted by 

Resolution No. 327-2017-CR, by striking the existing language of Section 4 

and replacing it with the to>lowing 1anguage: 

4. Licensing of Persons for Charitable Bingo Operation. AH 

management or key emp(oyees fn the conduct of Charitable Bingo 

unc»r this OrdJnance must be Jicensed Jn accordanc. with the Indian 

Gaming Regulatory Act, NIGC regulations, and the Cheyenne River 

Sioux Tribe Indian Gaming ·Regulatory Ordinance. The CRST lndian 

Gaming Regufatory Commission ahaff assist Ute Bingo Soard by 

conducting background checks and JicensJng BJngo management and 

key employees. 
RESOLUTION NO. 74-2018 .. CR 

Page Two! 

Additionally, bingo employees shall be subject to drug testing in 

connection with their appointment in accordance with standards and 

procedures eatablished for drug testing oftriba1 employees generally. 

BE IT FURTHER RESOLVED, that the Cheyenne River Sioux Tribal Council further 

amends the Tribe's Small and Charitable Bingo Ordinance, enacted by 

Resolution No. 327 #2017-CR, by adding a new Section 7 as follows: 

7. Conduct of Class II Charitable Bingo and Gaming. In addition to 

the specific provisions set forth herein, Class 11 Charitable Bingo and 

Gaming shall be conducted in accordance with the Indian Gaming 

Regulatory Act, NIGC RegulatioM, and the Cheyenne River Sioux 

Tribe Indian Gaming Regulatory Ordinance. 

BE IT FURTHER RESOLVED, that the Cheyenne River Sioux Tribal Council hereby 

amends the Indian Gaming Regulatory Ordinance, enacted by Resolution 

No. 328-2017-CR. by adding the following sentence to the end of Section 

32: . 

The Cheyenne River Sioux Tribe Small and Charitable Bingo 

Ordinance on Smalt and Charitable Bingo Operations more fully 

details the regulatory atructure of the Tribe'• Charitable Bingo 

operations and la intended to be read together with this Ordinanc•. 

BE IT FURTHER RESOLVED, that the Cheyenne River Sioux Tribal Council hereby 

authorizes and directs the Secretary of the Cheyenne River Sioux Tribe to 

publish the foregoing amendments for thirty (30) days in one or more 

newspapers of general circulation on the Cheyenne River Indian 

Reservation; and 

BE IT FURTHER AND FINALLY RESOLVED, that nothing in this resolution diminishes, 

divests, alters, or otherwise affects any inherent, treaty, statutory or other 

rights of the Cheyenne River Sioux Tribe over the property or activities 

described herein. The Cheyenne River Sioux Tribe expressly retains an 

rights and authority over the property and activities described herein, 

including but not limited to legislative, regulatory, adjudicatory, and taxing 

powers. · 
RESOLUTION NO. 7 4-2018-CR 

Page Three: 

CERTIFICATION 

I, the underai9ned, as Secretary of the Cheyenne River Sioux Tribe, certify that the Tribal Council 

is composed of fifteen (15) members, of whom 12, constituting a quorum, were present at a 

meeting duly and specially called, noticed, convened and held this 14tn day of March 2018. Speci~I 

Session; and that the foregoing resolution was duly adopted at s~ch meeting by a roll call vote of 

11 yes, 0 no, 1 abstaining, and 3 absent. 

EVAMWhiteFeithel Secretary 

Cheyenne River Sioux Tribe 
CHAIRMAN 

Harold C. Frazier 

SECRETARY 

EvAnn White Feather 

TRIBAL COUNCIL MEMBERS 

DISTRICT 1 

Bernita In The Woods 

Bryce In The Woods 

TREASURER. 

Benita Oark 

VICE·CHAIRMAN 

Robert Chasing Hawk, Sr, 

P.O. Box 590 

Eagle Butte, South Dakota 57625 

Phone: (605) 964·4155 

Fax: (605) 964-4151 

TRIBAL MEMORANDUM 

DATE 

TO 

FROM 

09115117 

SUPERINTENDENT, Cheyenne River Agency ~ 

Ev Ann White Feather, Tribal Secreta~ 

DISTRICT2 

Theodore Knife, Jr. 

DISTRJCT3 

Edward Widow 

John C. Kessler 

DISTRICT4 

James L. Pearman 

Kevin Keckler 

Merrie Miller 

Mark J. Knight 

DISTRICTS 

Ryman LeSeau 

Raymond Uses The Knife 

Robert Chasing Hawk, Sr. 

Derek Bartlett 

DISTRICT6 

Tuffy Thompson 

Wade Tater Ward 

SUBJECT Resolution No. 328-2017-CR: That the Cheyenne River Sioux Tribe enacts the 

attached Indian Gaming Regulatory Ordinance of the Cheyenne River Sioux 

Tribe tO authorize, govern, and regulate the operation of Class II Gaming and 

Class Ill Gaming (Exhibit A), on the Tribe's Indian lands in compliance with the 

Indian Gaming Regulatory Act, 25 U.S.C sec. 2701 et. seq. and contains the 

provision. 

""*****•**•' • ..... ** ********************************************•********"'**-,,.*****: "** ************************• 

Transmitted herewith are an original and two (2) copies of Resolution No. 328-2017-CR which 

was duly adopted by the Cheyenne River Sioux Tribal Council during its Regular Session held on 

September 6, 2017. 

Cc: Chairman 

Treasurer 

Administrative Officer 

Tribal Comptroller 

Central Records 

Committee Secretary 

District Officers (6) 

File/2 

The blue represents the thunderclouds above the world where live the thunder birds who control the four winds. The rainbow Is for the Cheyenne River 

Sioux people who are keepers of the Most Sacred Calf Pipe, a gift from the White Buffalo Calf Maiden. The eagle feathers at th e edges of the rim of the 

world represent the spotted eagle who is the protector of all Lakota. The two pipes fused together are for unity. One pipe Is for the Lakota, the other for 

all the other Indian Nations. The yellow hoops represent the Sacred Hoop. which shall not be broken. The Sacred Calf Pipe Bu ndle In red represents 

Wakan Tanka - The Great Mystery. All the colors of the Lakota are visible. The red, yellow, black and white represent the fo ur major races. The blue Is for heaven and the green for Mother Earth. 
RESOLUTION NO. 328-2017-CR 

RESOLUTION OF THE CHEYENNE RIVER SIOUX TRIBAL COUNCIL OF THE 

CHEYENNE RIVER SIOUX TRIBE TO ENACT THE INDIAN GAMING REGULATORY 

ORDINANCE (ANNEXED AS EXHIBIT A) OF THE CHEYENNE RIVER SIOUX TRIBE TO 

AUTHORIZE, GOVERN AND REGULATE THE OPERATION OF CLASS II GAMING AND 

CLASS III GAMING, ON THE TRIBE'S INDIAN LANDS IN COMPLIANCE WITH THE 

INDIAN GAMING REGULATORY ACT, 25 U.S.C. SEC. 2701 ET SEQ. 

WHEREAS, the Cheyenne River Sioux Tribe of the Cheyenne River Reservation, 

South Dakota is an unincorporated Tribe oflndians having accepted the 

provisions of the Act of June 18, 1934 ( 48 Stat. 984 ); and 

WHEREAS, the Tribe in order to establish its tribal organization, to conserve its 

tribal property, to develop its common resources, and to promote the 

general welfare of its people, has ordained and established a 

Constitution and By-Laws; and 

WHEREAS, the Cheyenne River Sioux Tribe desires to enact the Indian Gaming 

Regulatory Ordinance Of The Cheyenne River Sioux Tribe to authorize, 

govern and regulate the operation of Class II Indian Gaming And Class 

Ill Indian Gaming. on the tribe's Indian lands in compliance with the 

Indian Gaming Regulatory Act, 25u.s.c. sec. 2701 et seq.; now 

THEREFORE BE IT RESOLVED, that the Cheyenne River Sioux Tribe enacts the 

attached Indian Gaming Regulatory Ordinance Of The Cheyenne River 

Sioux Tribe to authorize, govern and regulate the operation of Class II 

Gaming And Class III Gaming (Exhibit A), on the tribe's Indian lands in 

compliance with the Indian Gaming Regulatory Act, 25 U.S.C. sec. 2701 

et seq.; and 

BE IT FURTHER RESOLVED, that the CRST Gaming Commission shall provide 

oversight, administrative appeals, advice and technical assistance to 

the Bingo Board; and 

BE IT FURTHER RESOLVED, that the above-referenced Gaming Ordinance may be 

amended from time to time by a majority vote of the Tribal Council and 

this provision shall be added as Section 33 to the said Gaming 

Ordinance; and 
RESOLUTION NO. 328-2017-CR 

Page Two: 

BE IT FINALLY RESOLVED, that nothing in this Resolution diminishes, divests, alters, 

or otherwise affects any inherent treaty, statutory or other rights of the 

Cheyenne River Sioux Tribe over the property or activities described 

herein. The Cheyenne River Sioux Tri be expressly retains all rights and 

authority over the property and activities described herein, including 

but not limited to legislative, regulatory, adjudicatory and taxing 

powers. 

CERTIFICATION 

I, the undersigned, as Secretary of the Cheyenne River Sioux Tribe, certify that the 

Tribal Council is composed of fifteen (15) members, of whom 13, constituting a 

quorum, were present at a meeting duly and regularly called, noticed, convened and 

held this 6th day of September 2017, Regular Session; and that the foregoing 

resolution was duly adopted at such meeting by a roll c~ll vote of 10 yes, 1 no, 2 

abstaining, and 2 absent. 

Ev 

~~ Ann White Feather, Secretary 

Cheyenne River Sioux Tribe 
CHAIRMAN 

Harold C. Frazier 

SECRETARY 

EvAnn White feather 

TREASURER 

Benita Clark 

VICE-CHAIRMAN 

Robert Chasing Hawk, Sr. 

TRIBAL MEMORANDUM 

DATE 09/15/17 

P.O. Box 590 

Eagle Butte, South Dakota 57625 

Phone; (605) 964-4155 

Fax: (605) 964-4151 

TRIBAL COUNCIL MEMBERS 

DISTRICT 1 

Bernita In The Woods 

Bryce In The Woods 

DISTRJCT2 

Theodore Knife, Jr. 

DlSTRICT3 

Edward Widow 

John C. Kessler 

DISTRICT4 

James L. Pearman 

Kevin Keckler 

Merrie Miller 

Mark J. Knight 

DISTRICT 5 

Ryman LeBeau 

Raymond Uses The Knife 

Robert Chasing Hawk, Sr. 

Derek Bartlett 

TO 

FROM 

SUPERINTENDENT, Cheyenne River Agency ~~ 

Ev Ann White Feather, Tribal Secreta~t-/b 

DISTRICT6 

Tuffy Thompson 

Wade Tater Ward 

SUBJECT Resolution No. 327-2017-CR: That the Cheyenne River Sioux Tribe enacts the 

attached Small and Charitable Bingo Ordinance of the Cheyenne River Sioux 

Tribe to authorize, govern; and regulate the operation of Class II Small and 

Charitable Bingo in compliance with the Indian Gaming Regulatory Act, 25 

U.S.C sec. 2701 et seq. and contains the provision. 

***************************************************************************************************************** 

Transmitted herewith are an original and two (2) copies of Resolution No. 327-2017-CR which 

was duly adopted by the Cheyenne River Sioux Tribal Council during its Regular Session held on 

September 6, 2017. · 

Cc: Chairman 

Treasurer 

Administrative Officer 

Tribal Comptroller 

Central Records 

Committee Secretary 

District Officers (6) 

File/2 ' 

The blue represents the thunderclouds above the world where live the thunder birds who control the four winds. The rainbow Is for the Cheyenne River 

Sioux people who are keepers of the Most Sacred Calf Pipe, a gift from the White Buffalo Calf Maiden. The eagle feathers at th e edges of the rim of the 

world represent the spotted eagle who Is the protector of all Lakota. The two pipes fused together are for unity. One pipe Is for the Lakota, the other for 

all the other lndlan Nations. The yellow hoops represent the Sacred Hoop, which shall not be broken. The Sacred Calf Pipe Bu ndle In red represents 

Wakan Tanks - The Great Mystery. All the colors of the Lakota are visible. The red, yellow, black and white represent the fo ur major races. The blue Is 

for heaven and the green for Mother Earth. 
RESOLUTION NO. 327-2017-CR 

RESOLUTION OF THE CHEYENNE RIVER SIOUX TRIBAL COUNCIL 

OF THE CHEYENNE RIVER SIOUX TRIBE 

RESOLUTION OF THE CHEYENNE RIVER SIOUX TRIBAL COUNCIL OF THE CHEYENNE 

RIVER SIOUX TRIBE TO ENACT AND ORDAIN THE CHEYENNE RIVER SIOUX SMALL AND 

CHARITABLE BINGO ORDINANCE; 

WHEREAS, the Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South 

Dakota is an unincorporated Tribe of Indians having accepted the provisions 

of the Act of June 18, 1934 (48 Stat. 984); and 

WHEREAS, the Tribe in order to establish its tribal organization, to conserve its tribal 

property, to develop its common resources, and to promote the general 

welfare of its people, has ordained and established a Constitution and ByLaws; and 

WHEREAS, the Cheyenne River Sioux Tribe desires to enact the Small and Charitable 

Bingo Ordinance of the Cheyenne River Sioux Tribe to authorize, govern and 

regulate the operation of its small charitable bingo operation in Eagie Butte, 

South Dakota; 

WHEREAS, the Cheyenne River Sioux Tribe's Small and Charitable Bingo operation 

generates less than $3,000,000 annually, provides community service to tribal 

members in the form of social entertainment, interaction and outreach, and 

directs that any revenue is fully committed to tribal government purposes, 

which are charitable in nature based upon the Cheyenne River Sioux Tribe 

governmental status under the Internal Revenue Code and the Federal tax 

treatment of Indian tribes as states for charitable purposes; 26 U.S.C. secs. 

1390 and E, 7871, 2522; now 

THEREFORE BE IT RESOLVED, that the Cheyenne River Sioux Tribe enacts the attached 

Small and Charitable Bingo Ordinance Of The Cheyenne River Sioux Tribe to 

authorize, govern and regulate the operation of Class II Small and Charitable 

Bingo in compliance with the Indian Gaming Regulatory Act, 25 U.S.C. sec. 

2701 et seq.; and 

BE IT FURTHER RESOLVED that the Cheyenne River Sioux Tribe enacts the attached 

Charitable Bingo Ordinance to govern the operation of the Cheyenne River 

Sioux Tribe's Charitable Bingo operated in Eagle Butte; South Dakota for the 

entertainment of tribal members and generating less than $3,000,000 in 

revenue annually, provided that the CRST Gaming Commission shall proVide 

oversight, advice and technical assistance to the Bingo Board; and 

BE IT FURTHER RESOLVED that the CRST Gaming Commission shall assist the Bingo Board 
RESOLUTION NO. 327·2017·CR 

Page Two: 

with the performance of background checks for managers and key employees 

of the Small and Charitable Bingo Operation; and 

BE IT FINALLY RESOLVED, that nothing in this Resolution diminishes, divests, alters, or 

otherwise affects any inherent treaty, statutory or other rights of the 

Cheyenne River Sioux Tribe over the property or activities described herein. 

The Cheyenne River Sioux Tribe expressly retains all rights and authority over 

the property and activities described herein, including but not limited to 

legislative, regulatory, adjudicatory and trucing powers. 

CERTIFICATION 

I, the undersigned, as Secretary of the Cheyenne River Sioux Tribe, certify that the Tribal 

Council is composed of fifteen (15) members, of whom 12, constituting a quorum, were 

present at a meeting duly and regularly called, noticed, convened and held this 6th day of 

September 2017, Regular Session; and that the foregoing resolution was duly adopted at 

such meeting by a roll call vote of 12 yes, 0 no, 1 abstaining, and 2 absent. 

~~~~ Ev Ann White Fe~hefl Secretary 

Cheyenne River Sioux Tribe 
CHEYENNE RIVER SIOUX TRIBE ORDINANCE ON 

SMALL AND CHARITABLE BINGO REGULATIONS 

t-reamble: Tribal Charitable Bingo Operations. 

(a) Each Charitable Bingo Operation must develop and implement an internal control 

system that, at a minimum, complies with the Tribal Internal Control Standards for 

Charitable Bingo: ( i) Failure to do so may subject the Tribal operator of the Gaming 

Operation, and/ or the Management contractor, to penalties under the Tribal Gaming 

Ordinance. 

(b) All policies, procedures, or applications. including any alternative applir.~1:ions tJr 

procedures, developed or used by a Charitable Bingo Operation must be submitted to and 

approved by the Cheyenne River Sioux Tribe Charitable Bingo Regulatory Board prior to 

implementation. (i) Documentation evidencing such approval must be maintained by the 

Charitable Bingo Operation for future inspection. 

(c) Recognizing that Indian Tribes are the primary regulator of their Gaming Operation(s), 

including Charitable Bingo Operations, enforcement action by the Cheyenne River Sioux 

Tribe Gaming Commission and/or the CRST Charitable Bingo Regulatory Board will not be 

initiated under this part without first informing the Tribe and the Charitable Bingo 

Operation of deficiencies in the internal controls of its Charitable Bingo Operation and 

allowing a reasonable time to address such deficiencies. 

1. Charitable Bingo Defined. Under the Indian Gaming Regulatory Act, Charitable 

Bingo is a Class II Game together with games similar to bingo and pull-tabs, etc.: 

(a) As used herein, the term "Charitable" means an activity conducted primarily for 

tribal community recreation with net revenue from the bingo operation under 

$3,000,000 annually and net revenue dedicated to essential tribal government 

purposes, including education, health care, child and elder care, police and fire 

protections, cultural renewal and revitalization, and similar purposes, or reinvested 

into the Charitable bingo operation;t 

(b 1 As used herein, the term Bingo means: 

"the game of chance commonly known as bingo (whether or not electronic, 

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

1 As such, CRST Charitable Bingo qualifies as a smal1, charitable tribal bingo operation that 

is exempt from the general application of 25 CFR 543. provided that the CRST Gaming 

Regulatory BOARD maint.ains tribal internal control standards that are required to ensure 

that the rules: (i) protect the integrity of the games offered, i.e., bingo and related games; 

(ii) safeguard the assets used in connection with the operation; and (iii) require the 

creation, preparation and maintenance of records in accordance with Generally Accepted 

Accounting Principles (GAAP);25 CFR Part 543.6(a). 
(I) which is played for prizes, including monetary prizes, with cards bearing 

numbers or other designations, . 

(II) in which the holder of the card covers such numbers or designations when 

objects, similarly numbered or designated, are drawn or electronically determined, 

and 

(III) in which the game is won by the first person covering a previously designated 

arrangement of numbers or designations on such cards, including (if played in the 

same location) pull-tabs, lotto, punch Boards, tip jars, instant bingo, and other 

games similar to bingo;" 

25 U.S.C. sec. 2703. 

2. (a) CRST Charitable Bingo Regulatory Board. The Cheyenne River Sioux Tribe hereby 

establishes the CRST C:haritable Bingo Regulatory Board, which shall oversee the operation 

of Charitable Bingo as defined herein. 

(b) Number of Board Members. The Tribal Council shall appoint 5 Members of the 

Charitable Bingo Board for staggered (5) year terms. Annually, the Members of the 

CRST Charitable Bingo Regulatory Board shall elect a Chairman, Vice Chairman and 

Secretary-Treasurer from among the Membership of the CRST Charitable Bingo 

Regulatory Board. 

(c) Background Check for Board Members. Each Member of the Charitable Bingo 

Regulatory Board shall be required to pass a background check in accordance with 

the same standards required for a key employee of the Charitable Bingo Operation. 

( d) Duties of the Regulatory Board. Consistent with due process, the Board shall 

perform the following duties as necessary and appropriate: 

• Shall make recommendations to the Cheyenne River Sioux Tribe Gaming Board 

concerning Tribal Internal Control Standards for Charitable Bingo; 

• Shall license Charitable Bingo Managers and Key Employees; 

• Shall periodically review the conduct of Charitable Bingo to ensure that it is 

conducted in conformity to this Ordinance; 

• Shall review and approve "House Rules" for the operation of Charitable Bingo, 

provided that any such rules shall be publicly and prominently posted at the 

Charitable Bingo operation; 

• May suspend or revoke licenses when necessary and appropriate to enforce this 

ordinance; 

• Provide due process and hearings on any action concerning licenses, 

• Shall ensure that Charitable Bingo operations are conducted fairly and honestly 

by the management, the players and the public; 

• Upon receiving a patron petition or claim, may resolve disputes betvveen 

management and patrons, subject to an appeal to the Cheyenne River Sioux 

Tribe Gaming Board; 
• Shall review the prt:!mi.se.s where Charitable Bingo is conducted to ensure that 

they are safe for t.11e public and the enviromnent; a1id 

• Shall review the financial statements of the Charitable Bingo operation at least 

q uarl~rly, and review the annual financial reports of the Charitable Bingo 

operation. 

3. Appeals of CRST Charitable Gaming Regulatory Decisions. Final decisions of the 

CRST Charitable Bingo Regulato1y Board may be appealed to the full CRST Gaming 

Commission for review. 

4. Lic~nsing of Persons for Charitable Bingo Operation. Any person authnri7.~d by the 

Cheyenne River Sioux Tribe to serve as management or key employee in the conduct 

Charitable Bingo under this Ordinance may apply for a license to conduct Class JI 

Charitable Bingo in accordance herewith. Bingo Employees shall be subject to drug testing 

in connection with their appointment in accordance with standards and procedures 

established for drug testing of tribal employees generally. 

5. Days and Hours of Operation. The Days and Hours for the Operation and Conduct of 

Charitable Bingo on the Cheyenne River Sioux Reservation shall be set by the Tribal Council 

by Resolution, which may be amended from time to time to take into account community 

participation, financial return, staff availability; and other relevant factors; 

6. Tribal Internal Control Standards. The Charitable Bingo Board shall make 

recommendations to the CRST Gaming Commission concerning tribal internal control 

standards for the small, charitable tribal bingo operation to included minimum standards. 

The CRST Gaming Commission shall adopt tribal internal control standards for the 

charitable bingo operation based on the recommendations of the CRST Charitable Bingo 

Regulatory Board, subject to final approval and ratification by the Tribal Council; 
CHEYENNE RIVER SIOUX TRIBE ORDINANCE ON 

SMALL AND CHARITABLE BINGO REGULATIONS 

Preamble: Tribal Charitable Bingo Operations. 

(a) Each Charitable Bingo Operation must develop and implement an internal control 

system that, at a minimum, complies with the Tribal Internal Control Staridards for 

Charitable Bingo: (i) Failure to do so may subject the Tribal operator of the Gaming 

Operation, and/or the Management contractor, to penalties under the Tribal Gaming 

Ordinance. 

(b) All policies, procedures, or applications, including any alternative applications or 

procedures, developed or used by a Charitable Bingo Operation must be submitted to and 

approved by the Cheyenne River Sioux Tribe Charitable Bingo Regulatory Board prior to 

i.mplementation. (i) Documentation evidencing such approval must be maintained by the 

Charitable Bingo Operation for future inspection. 

(c) Recognizing that Indian Tribes are the primary regulator of their Gaming Operation(s), 

including C.haritable Bingo Operations, enforcement action by the Cheyenne River Sioux 

Tribe Gaming Commission and/or the CRST Charitable Bingo Regulatory Board will not be 

initiated under this part without first informing the Tribe and the Charitable Bingo 

Operation of deficiencies in the internal controls of its Charitable Bingo Operation and 

allowing a reasonable time to address such deficiencies. 

1. Charitable Bingo De.fined. Under the Indian Gaming Regulatory Act, Charitable 

Bingo is a Class II Game together with games similar to bingo and pull-tabs, etc.: 

(a) As used herein, the term "Charitable" means an activity conducted primarily for 

tribal community recreation with net revenue from the bingo operation under 

$3,000,000 annually and net revenue dedicated to essential tribal government 

purposes, including education, health care, child and elder care, police and fire 

protections, cultural renewal and revitalization, and similar purposes, or reinvested 

into the Charitable bingo operation;! 

(b) As used herein, the term Bingo means: 

"the game of chance commonly known as bingo (whether or not electronic, 

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

i As such, CRST Charitable Bingo qualifies as a small, charitable tribal bingo operation that 

is exempt from the general application of 25 CFR 543, provided that the CRST Gaming 

Regulatory BOARD maintains tribal internal control standards that are required to ensure 

that the rules: (i) protect the integrity of the games offered, i.e., bingo and related games; 

(ii) safeguard the assets used in connection with the operation; and (iii) require the 

creation, preparation and maintenance of records in accordance with Generally Accepted 

Accounting Principles (GAAP);25 CFR Part 543.6(a). 
(1) which is played for prizes, including monetary prizes, with cards b~aring 

numbers or other designations, 

(II) in which the holder of the card covers such numbers or designations when 

objects, similarly numbered or designated, are drawn or electronically determined, 

and 

(III) in which the game is won by the first person covering a previously designated 

arrangement of numbers or designations on such cards, including (if played in the 

same location) pull-tabs, lotto, punch Boards, tip jars, instant bingo, and other 

games similar to bingo;" 

25 U.S.C. sec. 2703. 

2. (a) CRST Charitable Bingo Regulatory Board. The Cheyenne River Sioux Tribe hereby 

establishes the CRST Charitable Bingo Regulatory Board, which shall oversee the operation 

of Charitable Bingo as defined herein. 

(b)Number of Board Members. The Tribal Council shall appoint 5 Members of the 

Charitable Bingo Board for staggered (5) year terms. Annually, the Members of the 

CRST Charitable Bingo Regulatory Board shall elect a Chairman, Vice Chairman and 

Secretary-Treasurer from among the Membership of the CRST Charitable Bingo 

Regulatory Board. 

( c) Background Check for Board Members. Each Member of the Charitable Bingo 

Regulatory Board shall be required to pass a background check in accordance with 

the same standards required for a key employee of the Charitable Bingo Operation. 

( d) Duties of the Regulatory Board. Consistent with due process, the Board shall 

perform the following duties as necessary and appropriate: 

• Shall make recommendations to the Cheyenne River Sioux Tribe Gaming Board 

concerning Tribal Internal Control Standards for Charitable Rineo; 

• Shall license Charitable Bingo Managers and Key Employees: 

• Shall periodically review the conduct of Charitable Bingo to ensure that it is 

conducted in conformity to this Ordinance; 

• Shall review and approve "House Rules" for the operation of Charitable Bingo, 

provided that any such rules shall be publicly and promine,ntly posted at the 

Charitable Bingo operation; 

• May suspend or revoke licenses when necessary and appropriate to enforce this 

ordinance; 

• Provide due process and hearings on any action concerning licenses, 

• Shall ensure that Charitable Bingo operations are conducted fairly and honestly 

by the management, the players and the public; 

• Upon receiving a patron petition or claim, may resolve disputes between 

management and patrons, subject to an appeal to the Cheyenne River Sioux 

Tribe Gaming Board; 
• Shall review the premises where Charitable Bingo is conducted to ensure that 

they are safe for the public and the environment; and 

• Shall review the financial statements of the Charitable Bingo operation at least 

quarterly, and review the annual financial reports of the Charitable Bingo 

operation. 

3. Appeals of CRST Charitable Gaming Regulatory Decisions. Final decisions of the 

CRST Charitable Bingo Regulatory Board may be appealed to the full CRST Gaming 

Commission for review. 

4. Licensing of Persons for Charitable Bingo Operation. All management or key 

employees in the conduct of Charitable Bingo under this Ordinance must be licensed in 

accordance with the Indian Gaming Regulatory Act, NIGC regulations, and the Cheyenne 

River Sioux Tribe Indian Gaming Regulatory Ordinance. The CRST Indian Gaming 

Regulatory Commission shall assist the Bingo Board by conducting background checks and 

licensing Bingo management and key employees. 

Additionally, bingo employees shall be subject to drug testing in connection with their 

appointment in accordance with standards and procedures established for drug testing of 

tribal employees generally. 

5. Days and Hours of Operation. The Days and Hours for the Operation and Conduct of 

Charitable Bingo on the Cheyenne River Sioux Reservation shall be set by the Tribal Council 

by Resolution, which may be amended from time to time to take into account community 

participation, financial return, staff availability; and other relevant factors; 

6. Tribal Internal Control Standards. The Charitable Bingo Board shall make 

recommendations to the CRST Gaming Commission concerning tribal internal control 

standards for the small, charitable tribal bingo operation to included minimum standards. 

The CRST Gaming Commission shall adopt tribal internal control standards for the 

charitable bingo operation based on the recommendations of the CRST Charitable Bingo 

Regulatory Board, subject to final approval and ratification by the Tribal Council; 

7. Conduct of Class II Charitable Bingo and Gaming. In addition to the specific 

provisions set forth herein, Class II Charitable Bingo and Gaming shall be conducted in 

accordance with the Indian Gaming Regulatory Act, NIGC Regulations, and the Cheyenne 

River Sioux Tribe Indian Gaming Regulatory Ordinance. 

EXHIBIT A 

CHEYENNE RIVER SIOUX TRIBE GAMING ORDINANCE 

Section 1. Purpose. 

The Cheyenne River Sioux Tribe is a Federally recognized Indian tribe vested 

with inherent sovereign authority over its members and territory, and with its right 

of self-government guaranteed and Indian lands reserved as a "permanent home" by 

the 1868 Sioux Nation Treaty and the 1851 Fort Laramie Treaty with the Sioux, etc. 

The Cheyenne River Sioux Tribe adopted our Constitution and By-Laws 

pursuant to the Indian Reorganization Act of 1934, 25 U.S.C. sec. 4 76, establishing 

the Tribal Council as the governing body of the Tribe, with authority to promote 

tribal general welfare, to regulate commerce, to regulate the use of Indian lands and 

to enact legislation in furtherance of its sovereign authority. 

The Tribal Council of the Cheyenne River Sioux Tribe, empowered by our 

Constitution and By-Laws to enact ordinances, hereby enacts this ordinance to 

promote tribal economic development, self-sufficiency and sovereignty; to shield 

the operation of gaming from organized crime and corrupting influences; and to 

ensure that gaming is conducted fairly and honestly by both the operator and 

players. 

Section 2. Title and Applicability. 

This ordinance shall be known as, "The Cheyenne River Sioux Tribe Indian 

Gaming Regulatory Ordinance." Ordinance provisions concerning the application of 

any future Tribal-State Class III Gaming Compact (and state laws and regulations 

applicable pursuant to the Compact) shall apply only to Class III gaming. All other 

provisions of this ordinance shall apply to both Class II and Class III Indian gaming, 

unless specifically indicated otherwise. 

Section 3. Definitions; Liberal Interpretation; Severability. 

The terms used in the Cheyenne River Sioux Tribe Gaming Ordinance shall 

have the same meaning as those terms used in the NIGC Bulletin No. 2014-2, 

Revised Model Gaming Ordinance (May 5, 2014) as adapted and made applicable to 

the Cheyenne River Sioux Tribe. 

The terms "Class I, Class II and Class III gaming" shall be defined as those 

terms are defined in the Indian Gaming Regulatory Act and the National Indian 

Gaming Commission ("NIGC") Regulations. See 25 U.S.C. sec. 2703(6), (7), and (8). 

More generally, the terms used in this ordinan~e shall be construed 

according to their plain meaning and by reference to the Indian Gaming Regulatory 

Act, the Tribal-State Compact, when entered into, and NIGC Regulations. 

1 
This Indian Gaming Regulatory Ordinance shall be liberally construed to 

benefit the welfare of the Cheyenne River Sioux Tribe in a manner consistent with 

the Indian Gaming Regulatory Act, tribal law, and any future Cheyenne River Sioux 

Tribal-State Class III Gaming Compact. The Indian Gaming Regulatory Ordinance 

shall be construed in a manner to preserve the inherent sovereign authority of the 

Cheyenne River Sioux Tribe. The provisions of this Ordinance are severable, and 

should any provision (or any application of any provision be deemed invalid) the 

balance of the Ordinance shall remain in force and effect. 

Prior Gaming Regulatory Ordinances and Resolutions of the Cheyenne River 

Sioux Tribe are repealed. 

Section 4. Gaming Authorized. 

Class JI and Class III Indian gaming are authorized to be conducted on the 

Tribe's Indian lands, provided such gaming is conducted in accordance with this 

ordinance, the Indian Gaming Regulatory Act, the NIGC's regulations, any other 

applicable laws and regulations, and in regard to Class III gaming, any future Class 

III Tribal-State Compact. 

Section 5. Compliance with Federal Law 

It shall be the policy of the Cheyenne River Sioux Tribe to comply with all 

applicable federal laws, including the Bank Secrecy Act, 31 U.S.C. § 5311 et seq., and 

the Tribe shall establish appropriate regulatory rules, regulations, and procedures 

to ensure such compliance. 

Section 6. Agent for Service of Process; Secretary of the Tribe. 

The Cheyenne River Sioux Tribe designates the Secretary of the Tribe located 

at Secretary, Cheyenne River Sioux Tribe, P.O. Box 590, Eagle Butte, SD 57625, 

phone (605) 964-4155 as the agent for service of any official determination, order 

or notice of violation issued by the National Indian Gaming Commission or the 

United States. 

Section 7. Ownership of Gaming. 

The Cheyenne River Sioux Tribe shall have the sole proprietary interest in 

and responsibility for the conduct of any gaming operation authorized by this 

ordinance. 

Section 8. Use of Net Gaming Revenues. 

A Net revenues generated by the Cheyenne River Sioux Tribe through Class 

ii and Class III Indian gaming shali be used only for the following purposes: 

2 
1. To fund Tribal government operations or programs; 

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

3. To promote Tribal economic development; 

4. To donate to charitable organizations; or 

5. To help fund operations of local government agencies. 

Section 9. Annual Audits; Audit Report to the NIGC. 

A. The Cheyenne River Sioux Tribe, acting through the Cheyenne River Sioux 

Tribal Council and the Tribal Treasurer in consultation with the Gaming 

Operations and Gaming Commission, shall cause to be conducted annual 

independent audits of gaming operations and shall submit the results of 

those audits to the NIGC. 

B. Annual audits shall be performed by a qualified CPA firm, with experience in 

Indian gaming and shall conform to generally accepted accounting and 

auditing standards. 

C. All gaming-related contracts that result in the purchase of supplies, services 

or concessions for more than $25,000 in any year (except contracts for 

professional legal and accounting services) shall be specifically included 

within the scope of the audit conducted under Section 9(A) of this ordinance. 

D. Copies of the annual audit of each licensed gaming operation, and each audit 

for supplies, services or concessions of each gaming operation, shall be 

furnished to the NIGC within 120 days after the end of each fiscal year of the 

gaming operation. 

E. A copy of the Tribal gaming operation's annual audit will be made available 

upon request to the Tribal President, Tribal Council, and Tribal Treasurer. 

Section 10. Protection of the Environment and Public Health and Safety 

A Each gaming facility shall be constructed, maintained, and operated in a 

manner that adequately protects the environment and the health and safety 

of the public. 

B. In coordination with other tribal government agencies, the CRST Gaming 

Commission and Tribal Public Safety Department shall identify and enforce 

laws, resolutions, codes, policies, standards, or procedures, which are 

applicable to each gaming place, facility or location, to ensure adequate 

protection of the environment and the health and safety of the public. 

3 
Section 11. Patron Dispute Resolution. 

A gaming operation shall seek to immediately resolve any dispute between any 

member of the gaming public and the gaming operation or its licensees. Any patron 

who is <lissatisfie<l with the dispute resolution proposed by the gaming operation 

may present such dispute for final resolution by either the Gaming Commission or 

the Tribal Court, provided that any dispute involving the Gaming Ordinance, gaming 

laws, rules or regulations or the Compact, must first be brought to the Gaming 

Commission for review subject to an appeal to the Tribal Court. The patron must 

file a claim within 30 days of the incident in dispute. The Gaming Commission shall 

hold a hearing within 30 days of the receipt of the petitioner's complaint. The 

petitioner may have counsel present at the hearing. The petitioner may be allowed 

to present relevant evidence. After the hearing, lhe Commission shall render a 

decision in a timely fashion. All such decisions will be final when issued. When the 

dispute involves a prize, the petitioner's recovery shall be limited to the amount of 

the prize in dispute. When the dispute involves a tort claim, petitioner's case shall' 

be governed by the Cheyenne River Sioux Tribe Tort Claim Ordinance and any 

recovery shall be limited in accordance with that ordinance. The decisions of the 

Gaming Commission may be appealed to the Tribal Courts, provided that the Tribal 

Court shall give due deference to the administrative record of the Gaming 

Commission and shall require full administrative exhaustion of remedies prior to 

hearing a case. The Gaming Commission shall submit a quarterly report to the 

Tribal Council concerning patron disputes and resolutions. 

Section 12. Gaming Commission Established. 

A. The Tribe hereby establishes a Cheyenne River Sioux Tribe Indian Gaming 

Regulatory Commission ("Commission") to regulate the Tribe's gaming 

operations. The Commission shall consist of six (6) members, including a 

Chair, Vice-Chair, and Associate Commissioner elected from among the 

Commission Members. 

B. The Commission will conduct oversight to ensure compliance with Tribal, 

federal and, in regard to Class Ill gaming, the Tribal-State Compact and state 

laws and regulations applicable thereunder. It will serve as the licensing 

authority for individuals employed in the gaming operation and will 

administer background investigations as part of the licensing process. The 

Commission will also have a role in monitoring compliance with the gaming 

operation's internal controls and in tracking gaming revenues. In order to 

carry out its regulatory duties, the Commission shall have unrestricted access 

to all areas of the gaming operation and to all of its records, provided that the 

Commission shall establish procedures to ensure the integrity and soundness 

of the gaming operation, its records and activities as the Commission acts to 

fulfill ils tlulies. The:! Commission shall have aulhorily lo lake regulatory 

enforcement actions, including suspension or revocation of an individual 

4 
gaming license, when appropriate. 

C. Commissioner positions shall be filled in the following manner: 

1. The Commission shall be filled by Tribal Council appointment of six (6) 

Commissioners to serve staggered initial terms for of 2, 4 and 6 years and 

two (2) Commission Members shall be appointed to serve in each such 

initial term class respectively; 

2. Thereafter, the Tribal Council shall appoint Commissioners to serve for a 

term of 6 years to fill each expiring Commissioner's seat (with the result 

that Commissioners shall serve staggered terms)~ and shall serve during 

good behavior for such term and may be removed by the Tribal Council 

for cause, including nonfeasance, misfeasance or malfeasance; and 

3. The Commission shall elect a Chair, Vice-Chair and Associate Member 

from among the Commission Members. 

4. A representative of the Treasurer's Office, designated by the Treasurer, 

may serve as an ex officio member to provide information and serve as a 

resource to the Commission, but shall not have a vote. 

Section 13. Additional Qualifications of Commissioners; Independence. 

A. The following persons are not eligible to serve as Commissioners: current 

management or key employees of the gaming operation, while serving as 

such; gaming contractors (including any principal of a management, or other, 

contracting company); persons directly related1 to or sharing a residence 

with, any of the above; and persons ineligible to be key employees or primary 

management officials. Non-tribal members previously convicted of any 

felony or misdemeanor offense of embezzlement, theft or any other moneyrelated or honesty-related misdemeanor offense, such as fraud, cannot serve 

as a Commissioner. Tribal members previously convicted of any felony and 

Tribal members previously convicted of any misde~eanor offense of 

embezzlement, theft or any other offense related to money or honesty, such 

as fraud, will only be allowed to serve as a Commissioner if ten or more years 

has passed (which the Tribal Council finds to be a significant amount of time) 

provided that the person is determined by the Election Board to now be of 

trustworthy character. The Tribal Council shall require a criminal history 

check to be conducted by appropriate law enforcement agencies for each 

Commissioner candidate prior to each appointment; shall review the 

candidate's criminal history check results; and shall make an appropriate 

1 Directly Related to a person means a spouse, parent, grandparent, sibling, child, 

grandchild, aunt, uncle or first cousin. 

5 
eligibility determination before certifying an individual to be placed upon the 

ballot for the position of Commissioner. 

B. The Tribe recognizes the importance of an independent CRST Gaming 

Commission in maintaining a well-regulated gaming operation. The 

Commission shall be independent of the Tribal Council in regulatory matters 

within its purview. With the exception of general policy matters, no prior, or 

subsequent, review by the Tribal Council of any actions of the Commission 

shall be required except as otherwise explicitly provided in this ordinance. 

To avoid potential conflicts of interest between the operation and regulation 

of the gaming facility, the Tribe requires that: · 

1. No member of the Tribal Council and no Gaming operation management 

official may serve on the Gaming Commission; 

2. Members of the Commission are prohibited from gambling in the facility; 

3. Commissioners are prohibited from accepting complimentary items from 

the gaming operation, excepting food and beverages valued under $20.00; 

and 

4. Commissioners may only be removed from office by the Tribal Council, 

prior to the expiration of their respective terms, for neglect of duty, 

misconduct, malfeasance or other acts that would render a Commissioner 

unqualified for the position. 

C. Nominees for Commissioner position(s) must be certified as trustworthy 

after a background check reviewed by the Tribal ·council, must have at least 

an Associate of Arts, Science, Business college degree or comparable degree, 

and/or at least three years prior experience in gaming regulation, operations, 

financial services or law enforcement. 

Section 14. Duties of the Commission. 

The Tribal Gaming Commission shall: 

A. Conduct background investigations, or cause such investigations to be 

conducted, for primary management officials and key employees; 

R. Review and approve all investigative work conducted in connection with the 

background investigations of primary management officials and key 

employees; 

C. Create and maintain investigative reports based on the background 

6 
investigations of primary management officials and key employees; 

D. Obtain and process fingerprints, or designate a law enforcement agency to 

obtain and process fingerprints; 

E. Make licensing eligibility determinations, which shall be signed by the Chair 

of the Commission; 

F. Submit a notice of results to the NIGC of the background investigations done 

for each primary management offidal and key employee applicant; 

G. Issue gaming licenses to primary management officials and key employees of 

the operation, if warranted by the eligibility determination; 

H. Establish standards for licensing Tribal gaming facilities; 

I. Issue gaming licenses to Tribal gaming facilities; 

J. Inspect, examine and monitor all of the Tribe's gaming activities, and have 

immediate access to review, inspect, examine, photocopy and audit all 

records of the gaming establishment; 

K. Ensure compliance with all Tribal, state and federal laws, rules and 

regulations regarding Indian gaming; 

L. Investigate any suspicion of wrongdoing associated with any gaming 

activities; 

M. Hold hearings on patron complaints, in accordance with procedures 

established in this ordinance and the Tribal gaming regulations; 

N. Comply with any and all reporting requirements under IGRA, the NIGC's 

regulations and any tribal-state compact to which the Tribe is a party, and 

any other applicable law; 

0. Promulgate and issue regulations necessary to comply with applicable 

internal control standards; 

P. Promulgate and issue regulations on the levying of fees and/or taxes 

associated with gaming license applications; 

Q. Promulgate and issue regulations on the levying of fines and/ or the 

suspension or revocation of gaming licenses for violations of this ordinance 

or any Tribal, federal or state gaming regulations, if applicable; 

7 
R. Establish a list of persons not allowed to game in the Tribe's gaming facilities 

in order to maintain the integrity of the gaming operation; 

S. Establish a list of persons who have voluntarily agreed to be excluded from 

the Tribal gaming facility, and create regulations for enforcing the exclusions; 

T. Provide referrals and information to the appropriate tribal or BIA law 

enforcement officials when such information indicates a criminal violation of 

Tribal, federal or applicable state statutes, ordinances, regulations, codes or 

resolutions; 

U. Create a list of regulatory authorities that conduct background investigations 

of, and license, vendors who are recognized as trustworthy; 

V. Draft regulations exempting vendors from the licensing and/or background 

investigation requirements if they have received a license from a recognized 

regulatory authority; 

W. Perform such other duties the Commission deems appropriate for the proper 

regulation of the Tribal gaming operation; and 

X. Promulgate such regulations and guidelines as deemed appropriate to 

implement the provisions of this ordinance, so long as they are in furtherance 

of, and not in conflict with, any provisions of this ordinance. 

Y. The Commission shall establish for the Commission a financial accounting 

system, personnel, operating, administrative rules and hearing procedures, 

subject to the approval of the Tribal President; and the Commission may 

contract with an arm of the tribal government to provide administrative, 

human resources, and financial accounting services, subject to the review, 

oversight and approval of the Tribal Treasurer. 

Z. Before adopting, amending and repealing regulations, the Commission shall 

give notice of any such proposed action to the Tribal Council, the gaming 

operation(s) and all other persons whom the Commission has reason to 

believe have a legitimate interest in the proposed action. The notice shall 

invite comments and describe the general nature of the proposed action and 

the manner in which comments on the proposed action shall be received by 

the Commission. The Tribal Council shall pass a resolution affirming the 

adoption, amendment, or repeal of regulations prior to such agency action 

taking legal effect. 

Section 15. Confidentiality of Background Investigation Records; Quorum; 

Meetings 

8 
A The Commission shall ensure that all records and information obtained as a 

result of an employee background investigation shall remain confidential and 

shall not be disclosed to any persons who are not directly involved in the 

licensing and employment processes. The Commission, and its investigators, 

shall keep confidential the identity of each person interviewed in the course 

of conducting a background investigation, unless disclosure is required by 

Tribal, federal and/or applicable state law. Information obtained during the 

course of an employee background investigation shall be disclosed to 

members of management, human resource personnel and/or others 

employed by the Tribal gaming operation on a need-to-know basis and only 

when necessary for actions taken in their official capacities. 

B. The confidentiality requirements in Section 15(A), above, do not apply to 

requests for such records or information from any Tribal, federal, or state 

law enforcement or regulatory agency, or for the use of such records or 

information by the Commission and staff in the performance of their official 

duties. 

C. A majority of the Commission shall constitute a quorum. The concurrence of 

a majority of the Commissioners shall be required for any final determination 

by the Commission. The Commission may act in its official capacity, even if 

there is a vacancy on the Commission. 

D. Commissioners shall be compensated at a level determined by the Tribal 

Council. A Commissioner's compensation shall not be based on a percentage 

of gaming revenue. 

E. The Commission shall keep a written record of all its meetings. 

Section 16.Facility Licenses 

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

Indian lands where Class II or Class III gaming is conducted under this 

ordinance. 

B. The Tribal Gaming Commission is responsible for issuing new or renewed 

facility licenses to each place, facility or location. 

C. The Tribal Gaming Commission shall require that a facility license application 

be completed by the chief management official of the gaming facility for each 

gaming place, facility or location. 

D. The Tribal Gaming Commission shall identify the environmental, health and 

public safety standards with which the place, facility or location must 

comply, and specify the form, conditions and content of a facility license 

9 
application. The application shall include: a legal description of the lands 

upon which the facility is located, and a certification that the site constitutes 

"Indian lands," as defined in IGRA, the NIGC's regulations, NIGC Office of 

General Counsel and DOI Solicitor Offices' Indian lands legal opinions, judicial 

decisions and any other applicable law. 

E. The Tribal Gaming Commission shall only issue a facility license if the 

application includes the required information and documentation, and 

sufficiently satisfies any additional conditions deemed necessary by the 

Tribe. 

F. The Tribal Gaming Commission shall submit to the NIGC Chair a notice that 

issuance of a facility license is under consideration by the Tribal Gaming 

Commission. This notice must be submitted at least 120 days before the 

opening of any new place, facility or location on Indian lands where Class II 

or Class III Indian gaming will occur. 

G. The Tribal Gaming Commission shall submit a copy of each newly issued or 

renewed facility license to the NIGC Chair within 30 days of issuance, along 

with any other required documentation. 

H. The Tribe shall notify the NIGC Chair within 30 days if a facility license is 

terminated or expires, or if a gaming place, facility, or location closes or 

reopens. 

Section 17: License Application Fonus 

A The following notice shall be placed on the Tribe's license application form 

for key employee or a primary management official before it is filled out by 

an applicant: In compliance with the Privacy Act of 197 4, the following 

information is provided: Solicitation of the information on this form is 

authorized by 25 U.S.C. §§ 2701 et seq. The purpose of the requested 

information is to determine the eligibility of individuals to be granted a 

gaming license. The information will be used by the Tribal gaming 

regulatory authorities and by the 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 by the Tribe or the 

NIGC 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 issuance, denial, 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 being unable to license you for 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 

10 
result in errors in processing your application. 

B. The following additional notice shall be placed on the application form for a 

key employee or a primary management official before it is filled out by an 

applicant: A false statement on any part of your license application may be 

grounds for denying a license or the suspension or revocation of a license. 

Also, you may be punished by fine or imprisonment (18U.S.C.§1001). 

Section 18. License Fees; Fingerprints 

The Tribe may charge a license fee, to be set by the Tribal Gaming Commission, to 

cover its expenses in investigating and licensing key employees and primary 

management officials of the gaming operation. 

The Tribe shall perform a background investigation for each primary management 

official and key employee of the gaming operation. The Tribe shall request 

fingerprints from each primary management official and key employee. Gaming 

Employees shall be subject to drug testing in connection with their appointment in 

accordance with standards and procedures established for drug testing of tribal 

employees generally. 

Fingerprints shall be taken by the Cheyenne River Sioux Public Safety Department. 

Fingerprints will then be forwarded to the NIGC for processing through the Federal 

Bureau of Investigation ("FBI") arid the National Criminal Information Center to 

determine the applicant's criminal history, if any. 

Section 19~ Background Investigations 

A The Tribe shall perform a background investigation for each primary 

management official and key employee in its gaming operation. 

B. The Tribal Gaming Commission is responsible for conducting the background 

investigations of primary management officials and key employees. 

C. The Tribal Gaming Commission shall obtain from each primary management 

official and key employee all of the following information: 

1. Full name, other names used (oral or written), social security number, 

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

and/or written); 

2. Currently, and for the previous five (5) years, business and employment 

positions held, ownership interests in those businesses, business and 

residential addresses, and driver's license numbers; 

3. The names and current addresses of at least three (3) personal references, 

11 
including one (1) personal reference who was acquainted with the 

applicant during each period of residence listed under paragraph (C)(2) of 

this section; 

4. Current business and residential telephone numbers, and all cell phone 

numbers, and a current photograph; 

5. A description of any existing and previous business relationships with 

other tribes, including any ownership interests in the businesses; 

6. A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in the 

businesses; 

7. 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 of 

disposition, if any; 

9. 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 of 

disposition, if any; 

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 paragraphs 

(C)(8) or (C)(9) of this Section, the criminal charge, the name and address 

of the court involved, and the date of disposition, if any; 

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. Any other information the Tribe deems relevant; and 

13. Fingerprints obtained in accordance with procedures adopted by the Tribe 

pursuant to 25 C.F.R. § 522.2(h). 

D. When a prirmuy management uffi<.:ial or key employee is empluye<l by Lhe Tribe, a 

complete application file, containing all of the information listed in Section 19(c), 

12 
shall be maintained. 

Section 20. Procedures for Conducting Background Investigations 

A. The Tribal Gaming Commission, or its agent, shall employ or engage an 

investigator to" conduct a background investigation of each applicant for a primary 

management official or key employee position. The investigation must be sufficient 

to allow the Tribal Gaming Commission to make a required eligibility determination 

under this ordinance. The investigator shall: 

1. Verify the applicant's identity through items such as a social security card, 

driver's license, birth certificate or passport; 

2. Contact each personal and business reference provided in the license 

application, when possible; 

3. Conduct a personal credit check; 

4. Conduct a civil history check for past or outstanding judgments, current liens, 

past Qr pending lawsuits, and any other information deemed to be relevant; 

5. Conduct a criminal history records check by submitting the applicant's 

fingerprints to the NIGC or to another law enforcement agency for 

forwarding to the FBI to perform a criminal history records check utilizing 

the FBl's data base; 

6. Based on the results of the criminal history records check, as well as 

information acquired from an applicant's self-reporting or from any other 

source, obtain information from the appropriate court regarding any past 

felony and/or misdemeanor convictions or ongoing prosecutions within the 

past 10 years; 

7. Inquire into any previous or existing business relationships with the gaming 

industry, including with any tribes with gaming operations, by contacting the 

entities or tribes; 

8. Verify the applicant's history and current status with any licensing agency by 

contacting the agency; and 

9. Take other appropriate steps to verify the accuracy of the information, 

focusing on any problem areas noted. 

Section 21. Investigative Reports. 

A. The Tribe shall create and maintain an investigative report for each 

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background investigation of a primary management official or key employee. 

B. Investigative reports shall include all of the following information: 

1. Steps taken in conducting the investigation; 

2. Results obtained; 

3. Conclusions reached; and 

1·. The basis for those conclusions. 

Section 22. Primary Management and Key Employee Eligibility 

Determinations 

A. Before a license is issued to a primary management official or key employee, 

an authorized Tribal official shall make a finding concerning the eligibility of 

that person for receiving a gaming license by reviewing the applicant's prior 

activities, criminal record, if any, and reputation, habits and associations. 

B. If the authorized Tribal official, in applying the standards adopted in this 

ordinance, determines that licensing the person 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, methods and/ or activities in 

the conduct of gaming, he or she shall not license that person in a key 

employee or primary management official position. 

C. Copies of the eligibility determination shall be included with the notice of 

results that must be submitted to the NIGC before the licensing of a primary 

management official or key employee 

Section 23. Notice of Results of Background Investigations 

A. Before issuing a license to a primary management official or key employee, 

the Tribal Gaming Commission shall prepare a notice of results of the 

applicant's background investigation to submit to the NIGC. 

1. The notice of results must be submitted to the NIGC no later than 60 days 

after the applicant begins working for the Tribe. 

B. The notice of results shall include the following information: 

1. The applicant's name, date of birth, and social security number; 

2. The date on which the applicant began, or will begin, working as a primary 

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management official or key employee; 

3. A summary of the information presented in the investigative report, 

including: 

a. licenses that have previously been denied; 

b. gaming licenses that have been revoked, even if subsequently reinstated; 

c. every known criminal charge brought against the applicant within the last 

10 years of the date of the application; and 

d. every felony offense of which the applicant has been convicted or any 

ongoing prosecution; and 

4. A copy of the eligibility determination made in accordance with Section 21. 

Section 23. Primary Management and Key Employee Gaming Licenses 

Granting Gaming Licenses 

A. All primary management officials and key employees of the gaming operation 

must have a gaming license issued by the Tribe. The Tribal Gaming 

Commission is responsible for granting and issuing gaming licenses to 

primary management officials and key employees. 

B. The Tribal Gaming Commission may license a primary management official 

or key employee applicant after submitting a notice of results of the 

applicant's background investigation to the NIGC, as required by Section 22. 

C. The Tribal Gaming Commission shall notify the NIGC of the issuance of a 

license to a primary management official or key employee within 30 days of 

issuance. 

D. The Tribe shall not employ an individual in a primary management official or 

key employee position who does not have a license after 90 days of beginning 

work at the gaming operation. 

Notice from NIGC Concerning NIGC Objections to License 

E. The Tribal Gaming Commission must reconsider a license application for a 

primary management official or key employee if it receives a statement of 

itemized objections to issuing such a license from the NIGC, and those 

objections are received within 30 days of the NIGC receiving a notice of 

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results of the applicant's background investigation. 

F. The Tribal Gaming Commission shall take the NIGC's objections into account 

when reconsidering a license application. 

G. The Tribe will make the final dedsion whether to issue a license to an 

applicant for a primary management official or key employee position. 

H. If the Tribal Gaming Commission has issued a license to a primary 

management official or key employee before receiving the NIGC's statement 

of objections, notice and a hearing shall be provided to the licensee, as 

required under this ordinance. 

Section 24. Denying Gaming Licenses 

A. The Tribal Gaming Commission shall not license a primary management 

official or key employee if an authorized Tribal official determines, in 

applying the standards above for making a license eligibility determination, 

that licensing the person: 

1. Poses a threat to the public interest; 

2. Poses a threat to the effective regulation of gaming; or 

3. Creates or enhances the dangers of unsuitable, unfair or illegal practices, 

methods and/or activities in the conduct of gaming. 

B. When the Tribal Gaming Commission does not issue a license to an applicant 

for a primary management official or key employee position, or revokes a 

previously issued license after reconsideration, it shall: 

1. Notify the NIGC; and 

2. Forward copies of its eligibility determination and notice of results of the 

applicant's background investigation to the NIGC for inclusion in the Indian 

Gaming Individuals Record System. 

Section 25. Gaming License Suspensions and Revocations 

A. If, after a license is issued to a primary management official or a key 

employee, the Tribe receives notice from the NIGC that the primary 

management official or key employee is not eligible for employment, the 

Tribal Gaming Commission shall do the following: 

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1. Immediately suspend the license; 

2. Provide the licensee with written notice of the suspension and proposed 

revocation; and 

3. Provide the licensee with notice of a time and place for a hearing on the 

proposed revocation of the license. 

B. The right to a revocation hearing vests only when a license is granted under 

an ordinance approved by the NIGC Chair. 

C. Following a revocation hearing, the Tribe shall decide whether to revoke or 

reinstate the license at issue. 

D. The Tribe shall notify the NIGC of its decision to revoke or reinstate a license 

within 45 days of receiving notification from the NIGC that a primary 

management official or key employee is not eligible for employment. 

Section 26. Records Retention 

A. The Tribal Gaming Commission shall retain, for no less than three years from 

the date a primary management official or key employee is terminated from 

employment with the Tribe, the following documentation: 

1. Applications for licensing; 

2. Investigative Reports; and 

3. Eligibility Determinations. 

Section 27. Licenses for Vendors 

Vendors of gaming services or supplies, with a value of $25,000 or more annually, 

must have a vendor license from the Tribal Gaming Commission in order to transact 

business with the Tribal gaming operation. Contracts for professional legal and 

accounting services are excluded from this Section. 

Submission of a Vendor License Application 

In order to obtain a gaming vendor license, the business must complete a vendor 

application and submit to background checks of itself and its principals. Principals 

of a business include those officers, directors, managers, owners, partners, and noninstitutional stockholders that either own 10% or more of the business' stock or are 

the 10 largest stockholders, as well as the on-site supervisors or managers 

designated in an agreement with the Tribe, if applicable. 

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Contents of the Vendor License Application 

A Applications for gaming vendor licenses must include the following: 

1. Name uf business, business address, business telephone number(s), federal 

tax identification number (or social security number, if a sole 

proprietorship), main office address (if different from business address), any 

other names used by the applicant in business, and type of service(s) 

applicant will provide; 

2. Whether the applicant is a partnership, corporation, limited liability 

company, sole proprietorship or other entity; 

3. If the applicant is a corporation, the state of incorporation and the 

qualification to do business in the State of South Dakota if the gaming 

operation is in a different state than the state of incorporation. 

4. Trade name, other names ever used and names of any wholly owned 

subsidiaries or other businesses owned by the vendor or its principals; 

5. General description of the business and its activities; 

6. Whether the applicant will be investing in, or loaning money to, the gaming 

operation, and, if so, how much; 

7. A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those 

businesses; 

8. A list of Indian tribes with which the vendor has an existing or previous 

business relationship, including ownership, financial or management 

interests in any non-gaming activity; 

9. Names, add~esses and telephone numbers of three (3) business references 

with whom the company has regularly done business for the last five (5) 

years; 

10. The name and address of any licensing or regulatory agency with which the 

business has filed an application for a license or permit related to gaming, 

whether or not such license or permit was granted; 

11. If the business has ever had a license revoked for any reason, the 

r.irc:umstanr.P.s involvP.ci; 

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12. A list of lawsuits to which the business has been a defendant, including the 

name and address of the court involved, and the date and disposition, if any; 

13. A list the business' funding sources and any liabilities of $50,000 or more;28 

14. A list of the principals of the business, their social security numbers, 

addresses, telephone numbers, titles, and percentage of ownership in the 

company; and 

15. Any further information the Tribe deems relevant. 

B. The following notice shall be placed on the application form for a vendor and 

its principals: 

Inclusion of false or misleading information in the vendor application may be 

grounds for denial or revocation of the Tribe's vendor license. 

C. A vendor may submit to the Tribal Gaming Commission a copy of a recent 

license application to another jurisdiction if it contains the information listed 

above. The vendor will be required to submit, in writing; any changes in the 

information since the other license application was filed, and any information 

requested by the Tribe not contained in the other application. 

Section 28. Vendor Background Investigations 

The Tribal Gaming Commission shall employ or otherwise engage an investigator to 

complete an investigation of a gaming vendor. This investigation shall include, at a 

minimum, the following steps: 

A. Verification of the vendor's business' incorporation status and qualifications 

to do business in the state where the gaming operation is located; 

B. Obtaining a business credit report, if available, and conducting a Better 

Business Bureau check on the vendor; 

C. Conducting a check of the vendor's business' credit history; 

D. Calling and questioning each of the references listed in the vendor 

application; and 

E. Conducting an investigation of the principals of the vendor's business, 

including facilitating a criminal history check, obtaining criminal history 

check results, obtaining a credit report, and interviewing the personal 

references listed. 

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Section 29. Vendor License Fees 

The Tribe may charge a license fee, to be set by the Tribal Gaming Commission, to 

cover its expenses in investigating and licensing vendors of the gaming operation. 

Section 30. Vendor Background Investigation Reports 

The investigator shall complete an investigative report covering each of the steps 

taken in the background investigation of the gaming vendor and its principals, and 

present it to the Tribal Gaming Commission. 

Section 31. Exemption for Vendors Licensed by Recognized Regulatory 

Authorities 

The Tribal Gaming Commission may adopt regulations naming specific licensing 

authorities that it recognizes and may authorize exemptions to the vendor licensing 

process for vendors who have received a license from one of the named regulatory 

authorities. 

Section 32. Small and Charitable Bingo. 

The Small and Charitable Bingo Board shall regulate Small and Charitable Bingo, 

subject to the oversight of the Cheyenne River Sioux Tribe Indian Gaming 

Regulatory Commission and decisions of the Small and Charitable Bingo Board may 

be appealed to said Commission by filing a notice of appeal with the Commission 

within ten (10) calendar days. 

As necessary, the Commission shall assist the Bingo Board with background checks 

and licensing of managers and key employees of the Small and Charitable Bingo 

Operation(s). Bingo Employees shall be subject to drug testing in connection with 

their appointment in accordance with standards and procedures established for 

drug testing of tribal employees generally. The Cheyenne River Sioux Tribe Small 

and Charitable Bingo Ordinance on Small and Charitable Bingo Operations 

more fully details the regulatory structure of the Tribe's Charitable Bingo 

operations and is intended to be read together with this Ordinance. 

Section 33. Effective Date 

This ordinance shall take effect immediately upon its approval by the NIGC Chair. 

The Tribal Council may amend this ordinance from time to time when such 

amendment is determined to be necessary and appropriate. 

Section 34. Facility Locations. 

The Tribal Council of the Cheyenne River Sioux Tribe shall determine the locations 

of Indian Gaming Facility Locations on the Indian lands of the Cheyenne River Sioux 

Tribe. 

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