Norman W. Deschampe 

Chairman 

Grand Portage Band of Minnesota Indians 

P.O. Box 428 

Grand Portage, Minnesota 55605 

Dear Chairman Deschampe: 

This letter responds to your request to review and approve the 

tribal gaming ordinance submitted on August 20, 1993, for the , 

Grand Portage Band of Minnesota (the Band). This letter 

constitutes such approval under the Indian Gaming Regulatory Act 

(IGRA) . Under the IGRA and the regulations of the National Indian Gaming , 

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

with respect to the requirements of the IGRA and the implementing 

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

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

regulations. ~rovisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

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

approval does not constitute approval of specific games. 

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

gaming only on Indian lands as defined in the IGRA. 

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

Band is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed-application for each key employee and 

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

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

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

Thank you for submitting the ordinance of the Grand Portage Band 

of Minnesota for review and approval. The NIGC staff and I look 

forward to working with you and the Band in implementing the 

IGRA. 

Sincerely yours, 

Anthony J. Hope 

chairman 

1850 M STREET. N.W. SUITE 250 WASHINGTON. D.C. 20036 TEL.: 202-632-7003 FAX: 202-632-7066 
G PORTAGE R T C 

Grand Portage Reservation Tribal Council 

P.O. Box 428 Grand Portage, Minnesota 55605 

: I21S/475-2277 OR 475-2239 

Resolution #55-- 53 

WHEREAS, the Grand Portage Tribal Council is the governing body 

of th@ Grand Portage Reservation, and 

WHEREAS, the Grand Portage Tribal Council is empowered by the 

constitution of the Minnesota Chippewa ~ribe to enact 

ordinances, and 

WHE-AS, the Grand Portage Band does operate Class I1 and Class 

111 gaming on the Grand Portage Reservation, and 

WHEREAS, the Congress of the United States has enacted the 

Indian Gaming Regulatory Act P.L. 100-497, which 

allocates control of Class I1 and Class 111 gaming to 

Indian Tribal Governments which occur on their land, 

and 

WHEREAS, the , Indian Gaming Regulatory Act, Public Law 100-497 

requires Indian tribes to enact ordinances for 

regulation of Class I1 and Class I11 gaming on their 

lands. 

NOW THEREFORE BE IT RESOLVED, that the Grand Portage Tribal 

Council Approve the Grand Portage Band of Minnesota, Class I1 and 

Class ILI Gaming Ordinance. 

We do hereby certify that the foregoing revolution was duly 

presented and enacted upon by a vote of %for, &against, 

- 0 silent, at:a special meeting of the Grand Portage Reservation 

Tribal ~ounc41, a quorum being preseul;, held on November 17, 

1993. 

Gilbert Caribou, Secly/Treas. 
GRAM) PORTAGE BAND OF MINNESOTA 

CLASS I1 AND CLASS I11 GAMING ORDINANCE 

The government of the Grand Portage Band of Chippewa 

Indians (hereinafter "Tribe"), empowered by the Constitution 

of the Minnesota Chippewa Tribe to enact ordinances, hereby 

enacts this ordinance in order to set the terms for class I1 

and class I11 gaming operations on tribal lands. 

11. Gamincr Authorized 

Class I1 and Class I11 gaming as defined in the Indian 

Gaming Regulatory Act, P.L. 100-447, 25 U.S.C. Section 2703 

(7) (A) ( llIGRA1l) and by the regulations promulgated by the 

National Indian Gaming Commission at 25 C.F.R. Section 502.3 

(as published in the Federal Register at 57 FR 12382-12393, 

April 9, 1992) is hereby authorized. 

II1,Ownershi~ and Administration of Gaminq 

The Tribe shall have the sole proprietary interest in and 

responsibility for the conduct of any gaming operation 

authorized by this ordinance. 

TV. Use of 'Gamins Revenue 

A, Net revenues from Class I1 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. 

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

tribal members, it shall authorize such payments only upon 

approval of a plan submitted to the Secretary of the 

Interior under 25 U.S.C. Section 2710 (b) (3). 

V. 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 

$25,000.00 annually, except contracts for professional legal 

and accounting services, shall be specifically included 

within the scope of the audit that is described in 

subsection A. above. 
VI. protootion of tha Environmentm Pub- Huh and Bli.tv 

The Tribe shall eneure that: claee 11 and claes 111 gaming 

facilities ehall' be conetructed, maintained and operated in a 

manner that adequately protects the environment and tho public 

health and safety. 

VII. ~meo for Rev ues o and P&B rv Maria-t tlThe Tribe shall eneure that the policiea and prooeduras 6et 

out in thie section are implemented with respect to key employees 

'and primary management officials employed at any claes IX or class 

I11 gaming enterprise operated on Indian lande: 

For the purposes of this section, the following 

definitions apply: 

1. Rev ewovee meane 

(a) A person who performs on or more of the 

following functions: 

(1) Bingo caller 

(2) Counting room supervisor 

(3) Chief of security 

(4) Custodian of gaming supplies or cash 

(5) Floor manager 

(6) Pit boss 

(7) Dealer 

(8) Croupier 

(9) Approver of credit 

(10) Cuetodian of gambling devices 

including persons with access to caeh 

and accounting records within such 

devices; or 

(b) If not otherwise included, any other 

person whose total cash compensation is in 

exce8e of $50,000 per year; or 

(c) If not otherwise included, the four moat 

highly compensated persons fn the gaming 

operation. 

2 . aarv -nt official me- 
(a ) The person having management reeponl~ibillty for a management contract; 

(b) Any person who has authority: 

(I) To hire and fire employees; or 

(2) To set up working policy for the 

gaming operation; or 

(c) The chief financial officer or other 

person who has financial management 

reeponsibility. 

1. The following notice ahall be placed on the 

application form for a key employee or a primary management 

official before that form ie filled out by an applicant: 

In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information 

on this form is authorized by 25 U.S.C. 2701 st seq. The 

purpose of the requested information ia to determine the 

eligibility of individuals to be employed in a gaming 

operation. The information will be used by National 

India$~aming Commission members and staff who have need 

for the information in the performance of their official 

dutiee. The information may be dieclosed to appropriate 

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

and regulatory agencies when relevant to civil, criminal 

or regulatory investigations or prosecutions or when 

pursuant to a requirement by a tribe or the National 

Indian Gaming Commieaion In connection with the hiring or 

firing of an employee, the issuance or revocation of a 

gaming license, or inveetigatione of activities while 

associated with a tribe or gaming operation. Failure to 

consent to the disclosures indicated in thie notice will 

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

management official or key employee position. 

The disclosure of your Social Security Number (SSN) is 

voluntary. however, failure to supply a SSN may reeult 

in errors in processing your application. 

2. a xi sting key employeee and primary management 

officials shall be notified in writing that they shall either: 

a. Complete a new application form that contains a 

Privgcy Act notice; or 

b. Sign a statement that contains the Privacy Act notiae 
and: consent to the routine uses described in that 

notice. 

3. The following notice ehall be placed on the 

application form for a key employee or a primary official before 

that form is filled out by an applicant. 

A false statement on any part of your application may be 

grounds for not hiring you, or for firing you after you 

begin work. Also, you may be punished by fine or 

imprisonment. (U.S. Code, title 18, section 1001.) 

4. Existing key employees and primary management 

official6 shall be notified in writing that they shall either: 

a. Complete a new application form that contains a 

notice regarding false statements; or 

b. Sign a statement that contains the notice regarding 

falee statements. 

1, Each primary management official and from eaoh key 

employee shall be requested to provide all of the following 

information:? 

* 

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

security number (a) , birth date, place of birth, 

citizenship, gender, all languages (spoken or 

written) ; 

b. Currently and for the previoue 5 years: buainese and 

employment positions held, ownerahip interest6 in 

those businesses, business and residence addressee, 

and drivers license numbere; 

c. The names and current addreesea of at least three 

personal references, including one personal reference 

who was acquainted with the applicant during each 

period of residence listed under paragraph (1) (b) of 

this motion; 

d. Current business and residence telephone numbers; 

e. A description of any existing and previous business 

relationships with Indiantribes, including ownership 

interests in those businesses; 

E. A description of any existing an previoue buainese 

relationships with the gaming indu~try generally, 

including ownership interests in thoee buoinesaes; 
g. The name and addrees 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 licenee or permit wae granted; 

h. For each felony for which there 1 an ongoing 

prosecution or a conviation, the charge, the name and 

address of the court involved, and the date and 

disposition if any; 

1. For each miedemeanor conviction or ongoing 

miedemeanor proeecution (excluding minor traffic 

violations) within 10 years of the date of the 

application, the name and addrees of the court 

involved and the date and dispoeition; 

j. For each criminal charge (excluding minor traffio 

charges), whether or not there is a conviction, if 

such criminal charge is within 10 yeare of the date 

of the application and e not otherwise listed 

pursuant to paragraph (l)(h) or (1)(1) of this 

section, the criminal charge, the name and address of 

the court involved and the date and disposition; 

k. The name and address of any licensing or regulatory 

. agency with which the person has filed an application 

for an occupational licenee or permit, whether or 

not such license or permit was granted; 

1. A current photograph; 

m. Any other information the Tribe deems relevant; and 

n. Fingerprints consistent with proceduree adopted by 

the Tribe according to 25 C.F.R. Section 522.2(h). 

2. An investigation shall be conducted sufficient to 

make a determination under subsection D. below. In conducting a 

background investigation, the Tribe shall promise to keep 

confidential the identity of each pereon interviewed in the course 

of the investigation. 

The Tribe shall review a person's prior activitiee, 

criminal record, if any, and reputation, habits and aesociatlons to 

make a finding concerning the eligibility of a key employee or 

primary management official for employment in a gaming operation. 

If the Tribe determinee that employment of the person poses a 

threat to the public interest or to the effective regulation of 

gaming, or creates or enhance8 dangers of unsuitable, unfair, or 
illegal practices and methods and activities in the conduct of 

gaming, a tribal ganing operation shall not employ that pereon in 

a key employee or primary management official position. 

E. proceduree for For-catf.t~ for 1(BY 

ees -Manwent Of flclslrs to t 

man Gana Cwi1. When a key employee or primary management official begins 

work at a gaming operation authorized by this ordinance, the Tribe 

shall forward to the National Indian Gaming Commission a completed 

application for employment and conduct the background investigation 

and make the determination referred to in subsection D of this 

section. 

2. The Tribe ehall forward the report referred to in 

eubaection F of this section to the National Indian Gaming 

Commission within 60 days after an employee begins work or within 

60 days of the approval of this ordinance by the Chairman of the 

National Indian Gaming Commission. 

3. The Tribe shall not employ as a key employee or primary 

management official a person who does not have a license after 90 

days. 

. F. ReDort to the Gaua Co1. Pursuant to the proceduree set out in subsection E of this 

section, the Tribe shall prepare and forward to the National Indian 

Gaming Commission an investigative report on each background 

investigation. An investigative report shall include all of the 

following: 

a. Steps taken in conducting a background investigation; 

b, Results obtained; 

c. Conclusions reached; and 

8. The bases for those conclusione, 

2. The ~ribe shall submit, with the report, a copy of the 

eligibility determination made under subsection D of this section. 

3. If a license is not iseued to an applicant, the Tribe: 

a. Shall notify the National Indian Gaming Commieeion; 

and . 

b. May forward copiee of its sligibillty determination 
and investigative report (if any) to the National 

Indian Gaming Commission for inclusion in the Indian 

Gaming Individuale Records Gyetem. 

4. With respect to key employee8 and primary management 

officials, the Tribe shall retain applications for employment and 

reports (if any) of background inveetigations for inspection by the 

Chairman of the National Indian Gamfng Commiesion or his or her 

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

termination of employment. 

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

Indian Gaming Commission receive6 n report, the National Indian 

Gaming commiesion notifiee the Tribe that it has no objection to 

the issuance of a license pursuant to a license application filed 

by a key employee or a primary management official for whom the 

tribe has provided an application and investigative report to the 

National Indian Gaming commission, the Tribe may i esue a licensie to 

such applicant. 

2. The Tribe shall reepond to a request for additional 

information from the Chairman of the National Indian ~arning 

Commission concerning a key employee or a primary management 

official whe is the subject of a report. Such a request shall 

suspend the 30-day period under paragraph G.1. of this aection 

until the Chairman of the National Indian Gaming Commission 

receives the additional information. 

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

National Indian Gaming Commission provides the Tribe with a 

statement itemizing objections to the issuance of a license to a 

key employee or to a primary management official for whom the Tribe 

ha6 provided an application and investigative report to the 

National Indian Gaming commieeion, the Tribe shall reconsider the 

application, taking into account the objections itemized by the 

National Indian Gaming Commiseion. The Tribe shall make the final 

decision whether to issue a license to such applicant. 

H. License Sus~gpeion 

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

receives from the National Indian Gaming Commiseion reliable 

information indicating that a key employee or a primary management 

official is not eligible for employment under subsection 0, above, 

the Tribe shall susgend such licenee and shall notify in writing 

the licensee of the suspension and the proposed revocation. 
2. The Tribe shall notify the licensee of a time and a place 

for a hearing on the propoeed revocation of a license. 

3. After a revocation hearing, the Tribe shall decide to 

revoke or to reinetate a gaming license. The Tribe shall notify 

the National Indian Gaming Commieeion of it8 decision. 

The Tribe shall issue a eeparate license to each place, 

facility, or location on Indian lands where class I1 or Claee 111 

gaming is conducted under this ordinance. 

IX. RePeal 

To the extent that they are inconsistent with this ordinance, 

all prior gaming ordinances are 'hereby repealed. 

X. -1iuloe with TriPal - Btate CoThe Tribe shall adopt regulation6 and take all aotione 

neceeeary to ensure that the claee I11 gaming conducted on the 

lands of the Tribe complies in all respects with the Tribal-State 

Compact for the Class 111 Video Games of Chance and Class I11 

Blackjack Gqming between the Tribe and the State of Minnesota. - 

/ Tribal Chairman