each application of renewal.
(t) NPTEC has the sole authority to approve the Commission budget.

(u) Members of the Commission and Nez Perce Tribal Executive Committee
members are prohibited from participating in bingo games.

(v) Members of the Commission and its staff, members of the Nez Perce Tribal
Executive Committee, and members of the Nez Perce Tribe Enterprise Board are prohibited from
participating in any gaming sponsored by the Nez Perce Tribal Gaming Enterprise. This
prohibition on participation shall not include gaming sponsored by the Nez Perce Tribal Gaming
Enterprise that is Class I. (Amendment approved by NPTEC 10/14/08)

§ 6-2-14 Inspection of Premises

(a) The premises where authorized gambling activities are being held shall be subject
to inspection and audit at any reasonable time by persons designated by the Commission, with or
without notice as follows:

qd) if the items or records to be inspected or audited are located anywhere
upon a premises, any portion of which is regularly open to the public or
members and guests, then at any time when the premises are so open, or at
which time they are usually open;

(2) or if the items or records to be inspected or audited are not located upon a
premises set out in subsection (1) above, then at any time between the
hours of 8:00 a.m. and 9:00 p.m, Monday through Friday.

(b) The Commission shall be provided, at such reasonable intervals as the
Commission shall determine, with a report, under oath, detailing all receipts and disbursements
in connection with such gambling activities together with such other reasonable information as
required in order to determine whether such activities comply with this chapter or other
applicable laws, rules or regulations.

KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS

§ 6-2-15 Applications for Key Employee and Primary Management Official Positions
(section amended by NPTEC 9/9/03)

(a) Applications for individuals that have been offered employment by the Nez Perce
Tribe’s gaming enterprises for key employee and primary management official positions with the
Nez Perce Tribe's gaming enterprises shall be submitted to the Commission for licensing and
background checks.

(b) The following notice shall be placed on the application form for a key employee
or a primary management official before that form is filled out by an applicant:


regarding hours or periods of operation of such card games or limitations
on wagers or pot sizes in such card games.

(c) The Nez Perce Tribe may engage in Class II gaming as an operator without the
necessity of a license under this Act but shall comply with other applicable provisions of this
Act.

(d) Until this Act is amended by appropriate action of the Nez Perce Tribal Executive
Committee in a manner consistent with the relevant provisions of the National Indian Gaming
Regulatory Act, 25 U.S.C. §§ 270 let seq., the Nez Perce Tribe shall be the only entity or
organization authorized to engage in gaming activities on the Nez Perce Reservation for profit to
the exclusion of any other entity, organization or person. The Nez Perce Tribe may conduct or
license gaming activities on behalf of bona fide charitable, religious and non-profit organizations
subject to regulations promulgated by the Commission on this topic and the National Indian
Gaming Regulatory Act, 25 U.S.C. §§ 2701 et seq.

§ 6-2-9 Class III Gaming

(a) Class III gaming means all forms of gaming that are not Class I or Class II
gaming.

(b) No person, entity, corporation, organization or government, except the Nez Perce
Tribe, shall authorize or conduct any form of Class III gaming within the Nez Perce Reservation
unless such gaming is consistent with:

qd) the Indian Gaming Regulatory Act;

(2) a Tribal-State compact for Class III gaming; and
(3) is licensed by the Nez Perce Tribe.

(c) The Nez Perce Tribe shall enact rules and regulations regarding licensing of Class
III games which shall be consistent with the provisions of the Indian Gaming Regulatory Act and
the laws of the Nez Perce Tribe.

(d) Any person, entity, corporation, organization or government that conducts Class
III gaming within the Nez Perce Reservation or that purports to authorize such gaming in
violation of the laws or regulations of the Nez Perce Tribe commits a civil infraction.

(e) Any person, entity, corporation, organization or government found to have
committed a civil infraction by failing to comply with the laws of the Nez Perce Tribe shall be
subject to a civil fine in addition to other legal and equitable remedies available in civil cases.

(f) The Nez Perce Tribal Executive Committee hereby reserves the right to later
enact authorization of Class III gaming as defined herein upon proper compliance with the Class


(3) __ Interviewing a sufficient number of knowledgeable people such as former
employers, personal references, and others to whom referred; and

(4) | Documenting the disposition of all potential problem areas noted and
disqualifying information obtained.

(c) The Investigative Officer shall utilize the employment and personal reference
checks conducted by Human Resources.

(d) The Investigative Officer shall then prepare and submit to the Commission an
investigative report detailing:

(1) Steps taken in conducting the background investigation; and
(2) Results obtained;

(e) The Background Investigator shall use NIGC’s Notification of Results/Eligibility
Determination electronic form, or the shortest form approved by NIGC, to report the details of
the background investigation

(f) Fingerprints of all applicants shall also be taken by the Nez Perce Tribal Police.
Completed fingerprint cards will be returned to the Commission and placed in the applicant’s
background file.

(1) The Commission, shall send to the NIGC, at the Regional Office, Portland
Area or to the Washington, D.C. office, whichever is designated, the
names and fingerprint cards for those licensees who require an FBI
criminal background check, with the appropriate funds to cover the costs
of such inquiry.

(2) Information obtained from NIGC as a result of the FBI fingerprint check
shall be reviewed only by the Commission and the Tribe's Investigative
Officer. No further dissemination of this information is authorized; and in
fact, the Tribe is subject to the restrictions set forth in an MOU with NIGC
forbidding use of such information for any other purpose. See NP 95-102.

§ 6-2-18 Eligibility Determination

(a) The Commission shall meet with the Investigative Officer, make a suitability
determination based on all the information gathered from the various sources set forth above,
including prior activities, criminal record, reputation, habits and associations, and the
information received from NIGC resulting from the FBI fingerprint check; and submit this
determination in written form to the National Indian Gaming Commission (NIGC) for review. If
the Commission determines that employment of the person poses a threat to the public interest or
to the effective regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or
illegal practices and methods and activities in the conduct of gaming, a tribal gaming operation


TRIBAL EXECUTIVE COMMITTEE

P.O. BOX 305 * LAPWAI, IDAHO 83540 © (208) 843-2253

NOTICE

AMENDMENTS TO THE NEZ PERCE TRIBAL CODE

This notice is being posted August 27, 2008, according to the Nez Perce Tribal Code § 1-4-2
to request written comments for the following proposed’ amendments as follows:

Amendment of § 6-2-13(v) General Gaming Operations

STATEMENT OF PURPOSE: to add language to the section which will restrict NPTEC members
from participating in any gaming sponsored by the Nez Perce Tribal Gaming Enterprise.

AMENDMENT: added language is in bold and underlined
§6-2-13 General Gaming Operations Requirements

(u) Members of the Commission and Nez Perce Tribal Executive Committee members are prohibited
from participating in bingo games.

(v) Members of the Commission and its staff, members of the Nez Perce Tribal Executive
Committee, members of the Nez Perce Tribe Enterprise Board as well as the spouses of the
members of each of these entities are prohibited from participating in any gaming sponsored by the
Nez Perce Tribal Gaming Enterprise. This prohibition on participation shall not include gaming
sponsored by the Nez Perce Tribal Gaming Enterprise that is Class I.

WRITTEN COMMENT PERIOD:

The Law and Order & Intergovernmental A ffairs Subcommittee will be accepting written comments
on the proposed amendment being applied to the Code. Please submit written comments to: Larry
M. Greene, Jr., Chair, Law and Order Subcommittee, P.O. Box 305, Lapwai, ID, 83540; email to
Igreene@nezperce.org, fax to (208) 843-7354 or hand deliver to the NPTEC offices in Lapwai. The
deadline for receipt and consideration of such comments is September 17, 2008, at 4:30 p.m.


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 et seq. The purpose of the requested information is to determine the
eligibility of individuals to be employed in a gaming operation. The information
will be used by National Indian Gaming Commission members and staff who
have need for the information in the performance of their official duties. The
information may be disclosed to appropriate Federal, Tribal, State, local or
foreign law enforcement and regulatory agencies when relevant to civil, criminal
or regulatory investigations or prosecutions or when pursuant to a requirement by
a tribe or the National Indian Gaming Commission in connection with the hiring
or firing of an employee, the issuance or revocation of a gaming license, or
investigations of activities while associated with a tribe or a gaming operation.
Failure to consent to the disclosures indicated in this notice will result in a tribe's
being unable to hire an individual in a primary management official or key
employee position.

The disclosure of a Social Security Number (SSN) is voluntary. However, failure to
supply a SSN may result in errors in processing your application.

(c) Existing key employees and primary management officials shall be notified in
writing that they shall either:

qd) Complete a new application form that contains a Privacy Act notice; or

(2) Sign a statement that contains the Privacy Act notice and consent to the
routine uses described in that notice.

(d) The following notice shall be placed on the application form for a key employee
or primary management 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 terminating you from employment after you begin work. Also, you may be punished
by fine or imprisonment. 18 U.S.C. § 1001.

(e) The Commission shall notify in writing existing key employees and primary
management officials that they shall either:

(1) Complete a new application form that contains a notice regarding false
statements; or

(2) Sign a statement that contains the notice regarding false statements.
Background Investigations

§ 6-2-16 Applications - Required Information (section amended by NPTEC 9/9/03)


Tribe has provided an application and investigative report to the NIGC,
the Tribe shall reconsider the application, taking into account the
objections itemized by the NIGC. The Tribe shall make the final decision
whether to issue a license to such applicant.

§ 6-2-21 License Locations

The Tribe shall issue a separate license to each place, facility, or location on Indian lands
where any gaming is conducted under this ordinance.

§ 6-2-22 License Suspension

(a) If, after the issuance of a gaming license by the Commission, the NIGC receives
reliable information indicating that a key employee or a primary management official is not
eligible for employment, NIGC shall notify the Tribe.

(b) Upon receipt of such notification, the Commission shall suspend such license and
shall notify in writing the licensee of the suspension, proposed revocation, and their right to
request a hearing.

(c) No less than fourteen (14) days before the time of the hearing, the Commission
shall notify the licensee of a time and a place for a hearing on the proposed revocation of a
license.

(d) The Commission shall provide, to the licensee, upon his written request, full
disclosure of all information and evidence which has been the basis for the Commission’s
decision to suspend such license.

(e) After a revocation hearing, the Commission shall decide to revoke or to reinstate
a gaming license. The Commission shall notify NIGC of its decision and shall notify the person
in writing of its decision within fourteen (14) business days following the hearing as described in
§ 6-2-24(a) of this chapter.

(f) If the person does not receive written notice of decision by registered mail, return
receipt requested or other carrier as evidenced by a return receipt, as outlined in this chapter
within fourteen (14) business days of the hearing, the person may immediately file notice in the
Nez Perce Tribal Court for an order requiring the Gaming Commission to issue a temporary
license to work pending a rehearing on this matter.

§ 6-2-23 Dispute Resolution Process

(a) The Nez Perce Tribal Gaming Commission, as established in § 6-2-11 is
authorized to oversee and regulate all gambling activities authorized by this ordinance, including
decision-making authority in regard to any disputes that may arise by the gaming public.
(subsection amended by NPTEC 11/13/01)


(12) A current photograph;
(13) Any other information the Tribe deems relevant;

(14) _ Fingerprints consistent with procedures adopted by the Tribe according to
25 C.F.R. 522.2(h).

(b) The Human Resources Director shall provide a written statement to the
Background Investigator stating that three personal reference and three employment checks were
performed, stating that no problems were discovered, or details of any problems discovered.

(c) The Human Resources Director shall provide the Gaming Commission with
Employee Action Reports for key employees and primary management officials, including
Employee Action Reports for new hires, terminations, and transfers. Such Employee Action
reports shall include the employee’s name, new position, and shall be sent to the Gaming
Commission within one week of the employee action.

(d) The Tribe shall conduct an investigation sufficient to make a determination under
§ 6-2-19. In conducting a background investigation, the Tribe or its agent shall promise to keep
confidential the identity of each person interviewed in the course of the investigation.

(e) Unless extraordinary circumstances apply, the Tribe shall require, for a tri-annual
background investigation of an employee already issued a gaming license, information regarding
only the past 36-month period after the issuance of the gaming license.

§ 6-2-17 Investigative Procedures for Background Checks (section amended by NPTEC
9/9/03)

(a) A Background Investigator shall not conduct the background investigation for a
gaming license applicant if that Background Investigator has a conflict, or the
appearance of a conflict, including the following:

(1) The Background Investigator has applied for the same position held by a
particular gaming license applicant; or

B. The Background Investigator is considered “immediate family” as defined
in the Gaming Enterprise Human Resources Manual, of a gaming license

applicant.

(b) The Nez Perce Tribe's Investigative Officer shall conduct the initial investigation
by:

(1) Verifying written or oral information submitted by the applicant;

(2) Inquiring into the applicant's prior activities, criminal record, if any, and
reputation, habits and associations;


(e) In addition to any provisions of the tribal Human Resources Manual which may
be applicable, any employee or operator shall be required to comply with the provisions of this
ordinance, the provisions of his contract with the Tribe, if any, and the provisions of applicable
federal law.

(f) Any entity which contracts with a tribal gaming operation, shall be required to
submit to a determination as required in (a) of this section. No such contract will be valid until it
is approved by the Commission and the Secretary of the Interior as is necessary under federal
law.

(g) _ Tribally operated gaming shall be held in compliance with this ordinance, and any
other applicable laws, rules and regulations.

(h) Operators or employees in charge of tribally operated gaming shall provide
required reports, audits and the results of any contract for service or supplies at least quarterly or
when required.

(i) Any operator or employee of the tribal gaming operation shall deposit the
proceeds of the gaming operation according to applicable federal and tribal law.

G) Any operator or employee may request the assistance of the Commission in
obtaining training or instruction for the benefit of the tribal gaming operation as well as in
determining the proper meaning of this ordinance.

(k) | The Commission may require that any operator or employee of a tribal gaming
operation be bonded in a particular amount. The Gaming Enterprise will pay for the bonds of the
Tribe’s gaming employees; independent contractors are responsible for the cost of their own
bonds.

(0) The Commission may recommend to the Nez Perce Tribal Executive Committee
that a particular type of tribal gaming be operated through a management contract. The
management contract must be in compliance with applicable federal law. The Commission shall
require that the proposed operator comply with the requirements for licenses under this section
of the ordinance. A proposed manager need not be a tribal member. Sole tribal approval of all
management contracts shall remain with the Nez Perce Tribal Executive Committee.

(m) All tribal gaming operations are subject to monitoring and inspection by the
Commission or agents of the Commission.

(n) The Commission shall issue regulations, which will control:

(1) The possession of firearms by operators or employees. No firearms or
weapons of any kind shall be allowed on gaming premises with the
exception of armed armored car personnel and on-duty law enforcement
officers.


(4) _ other person who has financial management responsibility; including
(A) accounting controller; or
(B) _ the general manager.

(ac) “Regulations” means the gaming regulations promulgated by the Nez Perce Tribe
pursuant to this chapter.

(ad) | “Simulcast” means a simultaneous telecast of a live race, including horses, dogs,
mules and any other race contest of a species legal in this jurisdiction.

(ae) “State” means the State of Idaho, its authorized officials, agents and
representatives.

(af) | “State gaming agency” means the Idaho State Lottery or any other agency
designated by the State of Idaho to coordinate Class III gaming.

(ag) “State Lottery” means:
ql) Any type of game that the State hereafter conducts as a lottery game.
(ah) “Thing of value” means any money or property, any token, object or article
exchangeable for money or property, or any form of credit or promise, directly or indirectly,

contemplating transfer of money or property or any interest therein.

(ai) “Track” means an in-state or out-of-state facility licensed to operate horse or
other racing where pari-mutuel wagering on races is conducted.

(aj) | “Tribal law enforcement agency” means the police force of the Tribe, established
and maintained by the Tribe, pursuant to the Tribe’s powers of self-government, to carry out law

enforcement on Indian lands, including the law enforcement program maintained by the Bureau
of Indian Affairs on the Nez Perce Reservation.

(ak) “Tribe” means the Nez Perce Tribe, its authorized officials, agents and
representatives.

§ 6-2-2 Purpose
This ordinance is enacted to:

(a) Regulate all forms of permissible and authorized gaming within the jurisdiction of
the Nez Perce Tribe.


(h) “Fund raising event” means a fund raising event sponsored by a bona fide
religious, charitable or nonprofit organization at which gaming activities will be conducted under
the regulation of the Nez Perce Tribal Gaming Commission. Gaming as authorized under this
section may be allowed provided that sixty percent of the net income from such events shall be
devoted solely to a lawful purpose of the Nez Perce Tribe and provided that the tribal or BIA law
enforcement agency shall be notified as to the time and place where such activity shall be
conducted.

(i) “Gaming” means those activities defined in §6-2-7, §6-2-8 and § 6-2-9.

Gj) “Gaming area” means the area where Class II or Class III gaming occurs. This
does not include cage, soft count, showroom, food and beverage, parking lots, delivery areas,
hotels, warehouses, money areas, gift shops or the Events Center when gaming is not being
conducted. (amended 7/24/07)

(k) “Gaming code” means the laws, rules and regulations adopted by the Tribe as
amended from time to time governing gaming activities at Tribal gaming facilities, and any other
gaming operations conducted within the boundaries of the Nez Perce Reservation.

(0) “Gaming employee” means any natural person employed in the operation or
management of the gaming operation, whether employed by the Tribe or by any enterprise
providing onsite services to the Tribe within the gaming facility, excluding persons providing
maintenance, janitorial or other such ancillary non-gaming services such as food service
employees. For purposes of this chapter, “gaming employee” shall include any employee whose
duties include the handling of cash generated from Class II or Class III gaming activities.

(m) “Gaming facility” or “gaming facilities” means all buildings, improvements and
facilities used or maintained in connection with the conduct of gaming whether or not
authorized by the Nez Perce Tribe.

(n) “Gaming operation” means any gaming enterprise whether or not authorized by
the Tribe on Indian lands for the conduct of gaming.

(0) “Governor” means the Governor of the State of Idaho.

(p) “Indian lands” means Indian lands as defined in the Act, as well as lands within
the State which meet the requirements of 25 U.S.C. § 2719.

(q) “Key employee” means a person who performs one or more of the following
functions:
(1) bingo caller; or
(2) bingo cashier; or
(3) accounting head; or
(d) bingo floor personnel;
(e) bingo inventory/control manager
(f) bingo manager


CHAPTER 6-2

GAMING ORDINANCE
(amendments adopted by NPTEC 9/9/03 and approved by NIGC 2/27/04)
GAMING COMMISSION
§ 6-2-1 Definitions

For purposes of this chapter:

(a) “Act” means the federal Indian Gaming Regulatory Act, Pub. L. 100-497, 25
U.S.C. §§ 2701 et seg. and 18 U.S.C. §§ 1166-68.

(b) “Bingo” means a game, whether or not electronic, computer, or other
technological aids are used in connection therewith

qd) which is played for prizes, including monetary prizes with cards bearing
numbers or other designations;

(2) in which the holder of the card covers such numbers or designations when
objects, similarly numbered or designated, are drawn or electronically
determined; and

(3) in which the game is won by the first person covering a previously
designated arrangement of numbers or designations on such cards,
including (if played in same location) pull-tabs, lotto, punch cards, tip jars,
instant bingo, and other games similar to bingo.

(c) "Class I gaming" means social games solely for prizes of minimal value or
traditional forms of Indian gaming engaged in by individuals as a part of, or in connection with,
tribal ceremonies or celebrations.

(d) “Class II Gaming” see § 6-2-8

(e) “Class III gaming” means all forms of gaming that are not class I or class II
gaming.

(f) “Commission” or “Gaming Commission” means the Nez Perce Tribal Gaming
Commission, the single tribal agency primarily responsible for regulatory oversight of Class III
gaming as authorized under the Nez Perce 1995 Class III Gaming Compact.

(g) “Fishing Derby” means a fishing contest, with or without the payment or given of
any entry fee or other consideration by some or all of the contestants wherein prizes are awarded
for the species, size, weight or quality of fish caught in a bona fide fishing or recreational event.


(2) The security requirements for the operations.
(3) The posting of rules of play.
(4) The maximum limit, if any, which may be offered as a prize.

(5) Rules for the conduct of the games, should the Commission deem that
such rules are necessary for the proper conduct of gaming.

(6) Any other regulations controlling the operation which are deemed
necessary in writing by the Nez Perce Tribal Executive Committee.
NPTEC shall provide written notice to the Commission, in a reasonably
timely manner before additional regulations which may be required as the
result of amendments or revisions to the Tribe’s gaming compact take
effect.

(0) Any person authorized by the Commission, an employee or independent
contractor, who has a financial interest other than salary or wages or management responsibility
in the conduct of tribal gaming activities must be licensed by the Commission including those
persons who may serve on the Board of Directors or other governing body of a corporation, trust,
partnership or other entity or who own ten (10%) or more of the stock of a corporation or like
interest in profits or capital of any other business entity.

(p) | The Commission shall issue a ninety (90) day temporary license based on Human
Resources’ approval of a completed employee application and satisfactory personal and
employment reference checks by Human Resources. Negative information obtained by the
Investigative Officer from the criminal and background checks shall be considered in the
determination of whether to issue a permanent license.

(q) The Commission shall determine whether or not to issue a full year license within
ninety (90) days after application. The Commission may issue a temporary license pending
receipt of a response from the National Indian Gaming Commission pursuant to § 6-2-18 of this
chapter.

(x) A license shall be valid for not more than three years and shall be renewed
following a satisfactory criminal background check for the preceding three years. Only when
extraordinary circumstances warrant an additional background investigation shall the
Commissioner’s investigation inquire into an applicant’s activities earlier than the past licensing
period. This section does not relieve a licensee of the obligation and responsibility of providing
required update information to the Background Investigator, such as:

(1) criminal charges, convictions; or
(2) status changes, new addresses, etc.

(s) The Commission may charge a fee not in excess of that approved by NPTEC for


(s) “Licensee” means any natural person or enterprise that has been approved and
licensed by the Nez Perce Tribe Gaming Commission to be involved in the gaming operation or
in the provision of gaming services to or in the gaming operations.

(t) “Management Contract” means a contract for the development and management
of a Class III gaming operation, as provided in Article 9 of the Nez Perce 1995 Class III Gaming
Compact with the State of Idaho, and approved pursuant to the Act.

(u) | “Management Contractor” means any person, corporation or entity that enters
into a development and management contract with the Tribe pursuant to Article 9 of the Nez
Perce 1995 Class III Gaming Compact..

(v) “Net revenue” means gross gaming receipts of a gaming operation minus amounts
paid out as, or paid for, prizes; and total gaming-related operating expenses, excluding
management fees.

(w) “NIGC” means the National Indian Gaming Commission.

(x) “NPTEC” means the Nez Perce Tribal Executive Committee, which is the
governing body of the Nez Perce Tribe.

(y) | “Operator” means any person, organization or entity that operates any gaming
activity that is subject to regulation under this Ordinance, on the Nez Perce Reservation.

(z) “Pari-mutual betting” means a system of wagering on a live race whereby the
winners divide the total amount wagered, in proportion to the amount individually wagered after
deducting commissions, fees and taxes. For purposes of this Ordinance wagering on live races
is authorized if it occurs either at a racetrack or on Indian lands by means of a simulcast of a live
race and is approved by the Commission.

(aa) “Player” means a natural person who engages, on equal terms with the other
participants, and solely as a contestant or bettor, in any form of gaming in which no person may
receive or become entitled to receive any profit therefrom other then personal gambling
winnings, and without otherwise rendering any material assistance to the establishment, conduct
or operation of a particular gaming activity.

(ab) “Primary management official” means:

qd) the person having management responsibility for a management contract;
or

(2) any person who has authority to hire and fire employees or to set up
working policy for the gaming operation; or

(3) the chief financial officer; or


shall not employ that person in a key employee or primary management position. (If the
applicant is not hired and issued a license by the Tribe, NIGC shall be notified, but submittal of
the determination and report shall be at the discretion of the Commission.) The report to NIGC
shall also contain the information documenting investigative steps taken by the Investigative
Officer, including those set forth above.

(b) The report to NIGC shall be sent within 60 days after an employee begins work
with the Tribe. A response from NIGC shall be requested by the Commission within 30 days of
receipt of the Commission's report.

(c) If the Chairman of NIGC requests additional information from the Commission
regarding any employee who is a subject of a report, such information, if available shall be
forwarded as soon as possible.

(d) When NIGC notifies the Commission that it has no objections to the issuance of a
license to a particular applicant, the Commission may proceed with annual licensing of the
applicant.

(e) If NIGC provides the Commission with a statement itemizing objections to the
issuance of a license to a particular applicant, the Commission must reconsider the application,
taking into account the objections itemized by NIGC. The Commission, may then make a final
licensing decision as to such applicant.

§6-2-19 Procedure for Submission of Applications and Reports for National Indian
Gaming Commission Approval

(a) The Commission shall follow the following procedures when forwarding
applications and reports for key employees and primary management officials to the National
Indian Gaming Commission (NIGC):

(1) When a key employee or primary management official begins work at a
gaming operation authorized by this ordinance, the Tribe shall forward to
the NIGC completed applications for employment and gaming license and
conduct the background investigation and make the determination referred
to in §6-2-18 above. (subsection amended by NPTEC 9/9/03)

(2) The Commission shall forward the report referred to in (b) of this section
to the NIGC within 60 days after an employee begins work or within 60
days of the approval of this ordinance by the Chairman of the NIGC.

(3) The gaming operation shall not employ as a key employee or a primary
management official a person who does not have a license after 90 days.

(b) Pursuant to the procedures set forth in paragraph (a) above, the Commission shall
forward to NIGC an investigative report on each background investigation.


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September 23, 2009

Via Facsimile and U.S. Mail
(208) 843-7377

Ms. Julie S. Kane, Managing Attorney
Nez Perce Office of Legal Counsel
PO Box 305

Lapwai, ID. 83540-0305

RE: Approval of two amendments to the Nez Perce Tribe’s gaming ordinance

Dear Ms. Kane:

This is in response to your letter dated August 13, 2009, requesting review and
approval of two amendments to the Nez Perce Tribe’s gaming ordinance.

Resolution NP 07-405 expands the definition of “Gaming area” so that it does not
include the Events Center when gaming is not being conducted there. Resolution NP 09-
020 prohibits members of the Nez Perce Tribe Enterprise Board from participating in any
non-Class I gaming that is sponsored by the Nez Perce Tribal Gaming Enterprise. Both
of these amendments conform to applicable requirements of IGRA and the NIGC
implementing regulations and are hereby approved.

I note that Resolution NP 07-405 was adopted on July 24, 2007, and NP 09-020 on
October 14, 2008. As you are aware, NIGC Regulation 522.3 (a) states that “Within 15
days after adoption, a tribe shall submit for the Chairman’s approval any amendment to
an ordinance or resolution.” I trust that the Tribe will take note of this procedural
deficiency and will submit any future amendments more time

Thank you for your submission. If you havea i ér require assistance,

NATIONAL HEADQUARTERS 1447 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 —WWW.NIGC.GOV

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


the purposes set forth below;

(ii) Pay an assessment to the National Indian Gaming Commission as
set forth in 25 CFR § 514.1;

(iii) | Comply with eligibility standards of a State license for the same
activity, so that if the individual is ineligible to receive a State
license to conduct the same activity within that jurisdiction, a tribal
license shall be denied.

(b) Net revenues from tribal gaming or from individually owned games shall be used
only for one or more of the following purposes:

(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.

(c) 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. § 2710(b)(3).

(d) The Nez Perce Tribe hereby specifically reserves, through its inherent power, the
full right and authority to adopt or impose a uniform and comprehensive system of revenue,
taxation and licensing relating to gaming allowed by this ordinance.

§ 6-2-4 Severability (section amended by NPTEC 9/9/03)

If any clause, provision or section of this ordinance shall be ruled invalid or
unenforceable by any court of competent jurisdiction by final order after all appellate jurisdiction
is exhausted, such holding shall not invalidate or render unenforceable any other remaining
provisions of this ordinance. Until such final order is entered and review exhausted, the
questioned provisions shall be valid absent an enforceable injunction to the contrary, in full force
and effect.

§ 6-2-5 Amendment

Except as provided in § 6-2-13(m), all powers of amendment are retained by the Nez
Perce Tribal Executive Committee.


(b) Safeguard all persons from unscrupulous and illegal operations of any type of
gaming.

(c) Protect all persons from any infiltration of organized crime into any gaming,
operation within the jurisdiction.

(d) Provide for tribal audit system on all gaming operations.

(e) Provide that the Tribe will have primary regulatory authority over all forms of
gaming on the Nez Perce Reservation subject only to applicable federal law.

(f) Provide for system of investigations of all persons associated with gaming.

(g) Provide a system of licensing for any gaming activities subject to the provisions
of this Act that occur within the Nez Perce Reservation.

(h) To provide revenues for the operation of the tribal government.

(i) To allow the tribal government to use the revenues generated for tribal self
determination, to generate value on the reservation, to provide additional tribal services,
employment for tribal members and for general economic development and individual self-
sufficiency of tribal members.

G) To harmonize with and adhere as much as possible to the Indian Gaming
Regulatory Act, Public Law 100-497, 102 Stat. 2467-88. 25 U.S.C. §§ 2701 et seg. as enacted
by the U.S. Congress on October 17, 1988.

(k) To cooperate and agree on a sovereign to sovereign basis with the State of Idaho
and any other concerned or affected states to enter into compacts or other agreements for gaming
operation, regulation or coordination.

(I) To establish a commission within the tribal organization to oversee and regulate
gaming consistent with this ordinance and within the precepts established by the Nez Perce
Tribal Executive Committee.

§ 6-2-3 Ownership of Gaming and Use of Gaming Revenue
(a) The Tribe shall have the sole proprietary interest in and responsibility for the
conduct of any gaming operation authorized by this ordinance, unless individually owned

gaming is approved and licensed under this ordinance.

(1) In order to be licensed by the Nez Perce Tribe, individual owners, in
addition to the requirements of this ordinance, shall also be required to:

(i) Pay to the Nez Perce Tribe not less than 60 percent of the
individually owned operation's net revenues, to be used only for


(g) bingo paymaster

(h) lead cashier
(i) cashiers
Gj) vault cashiers

(k) cashier secretary

(0) data entry clerk (marketing/promotions)

(m) — gaming clerk; or

(n) __ ordering/receiving clerk; or

(0) drop crew lead; or

(p) drop crew member; or

(q) machine floor (change) personnel; or

(r) machine technician; or

(s) lead machine technician; or

(t) security guard assistant; or

(u) head of security; or

(v) shift manager; or

(w) _ shift supervisor; or

(x) soft count personnel; or

(y) vault personnel; or

(z) vault auditor; or

(aa) vault clerks; or

(bb) surveillance officers;

(cc) counting room supervisor; or

(dd) chief of security; or

(ee) custodian of gaming supplies or cash; or

(ff) floor manager; or

(gg) pit boss; or

(hh) — dealer; or

(ii) croupier; or

Gi) approver of credit; and

(kk) custodian of gambling devices including persons with access to cash and
the accounting records within such devices; or

(ll) any other person whose total cash compensation is in excess of $50,000.00
per year; and

(mm) the four most highly compensated persons in the gaming operation.

(r) “License” and variations of that word such as licenses and licensed, unless
otherwise defined herein and as indicated by the context, means either:

(1) an approval or certification issued by the Nez Perce Tribal Gaming
Commission to any natural person or enterprise to be involved in the
gaming operation or in the providing of gaming services to the gaming
operation, or

(2) the formal document evidencing authority granted by the Nez Perce Tribe
to engage in gaming under this Act.


(a) The Tribe shall require, in its initial investigation of each key employee and from
each primary management official all of the following information:

qd)

(2)

Q)

(4)
(5)

(6)

(2)

(8)

(9)

(10)

(11)

Full name, other names used (oral or written), social security numbers,
birth date, place of birth, citizenship, gender, all languages (spoken or
written);

Currently and for the previous five (5) years: Business and employment
positions held, ownership interests in those businesses, business and
residence addresses, and driver's license numbers;

The names and current addresses of at least three personal references,
including one personal reference who was acquainted with the applicant
during each period of residence addresses, and drivers license numbers;

Current business and residence telephone numbers;

A description of any existing and previous business relationships with any
Indian tribes, including ownership interests in those businesses;

A description of any existing and previous business relationships with the
gaming industry generally, including ownership interests in those
businesses;

The name and address of any licensing or regulatory agency with which
the person has filed an application for a license or permit related to
gaming, whether or not such license or permit was granted;

For each felony for which there is an ongoing prosecution or a conviction,
the charge, the name or address of the Court involved, and the date and
disposition if any;

For each misdemeanor conviction or ongoing misdemeanor prosecution
(excluding minor traffic violations), within 10 years of the date of the
application, the name and address of the Court involved and the date and
disposition;

For each criminal charge (excluding minor traffic charges), whether or not
there was a conviction, if such criminal charge is within 10 years of the
date of the application and is not otherwise listed pursuant to paragraph
(8) or (9) of this section, the criminal charge, the name and address of the
Court involved and the date and disposition;

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;


(b) Any person having a dispute with the Commission or any Gaming Operator or
Management Company licensed by the Tribe may request that the Gaming Manager resolve the
dispute. If dissatisfied with the result, the person may request a hearing with the Nez Perce
Tribal Gaming Commission. Such a hearing shall be held within thirty (30) business days of
receipt of a written request from the grievant. A decision shall be issued at the hearing or within
fourteen (14) business days of the hearing.

§ 6-2-24 Appeal from Decisions of the Commission

(a) If the Commission denies a person a license, or if the Commission revokes a
license which was previously granted, the Commission shall do so in writing, outlining the
reasons for such decision, and deliver such writing to the person by certified mail, return receipt
requested. Ifa person considers himself or herself aggrieved by such a decision, he or she may
appeal to the Nez Perce Tribal Court within thirty (30) business days of the date of the mailing
was received by the U.S. Postal Service or other carrier as evidenced by a dated receipt for same.
The appeal shall be only on the record, and shall not be heard de novo. If the Court finds that the
order of the Commission was issued arbitrarily and capriciously, clearly erroneously, or in
violation of the Constitution of the Nez Perce Tribe or the constitutional rights of Indians (25
U.S.C. §§ 1301-1303), made upon unlawful procedure or some other clear error of law, the
Court shall vacate the same and remand the issuance or re-issuance of a license. Otherwise, the
denial shall be upheld.

(b) If the grievant is dissatisfied with the decision issued by the Nez Perce Tribal
Gaming Commission, he or she may appeal to the Nez Perce Tribal Court within thirty (30)
business days of the issuance of the written decision from the Nez Perce Tribe Gaming
Commission. The appeal shall be only on the record and shall not be heard de novo. If the
Court finds that the order of the Nez Perce Tribe Gaming Commission was issued arbitrarily and
capriciously, clearly erroneously, or in violation of the Constitution of the Nez Perce Tribe of
Indians or the constitutional rights of Indians (25 U.S.C. §§ 1301-1303), made upon unlawful
procedure or some other clear error of law, the Court shall vacate the same and remand.
Otherwise, the decision of the Nez Perce Tribe Gaming Commission shall be upheld.

(c) If the grievant is dissatisfied with the decision issued by the Nez Perce Tribal
Court under either (a) or (b) above, he or she may appeal to the Nez Perce Court of Appeals in
accordance with chapter 2-9 of the Nez Perce Tribal Code.
§ 6-2-25 Penalties for Violations

(a) Any person who shall violate any provisions of this ordinance or shall conduct
gambling operations without a required license, shall commit fraud of deceit, or shall engage in
professional gambling, shall be subject to one or more of the following:

(dd) A letter of warning;

(2) A letter of reprimand;


NP 09-020
RESOLUTION AUG 17 2008

WHEREAS, the Nez Perce Tribal Executive Committee has been empowered to act for and
on behalf of the Nez Perce Tribe, pursuant to the Revised Constitution and By-Laws,
adopted by the General Council of the Nez Perce Tribe, on May 6, 1961 and approved
by the Acting Commissioner of Indian Affairs on June 27, 1961; and

WHEREAS, _ itis the responsibility of the Nez Perce Tribal Executive Committee (NPTEC)
to promote and protect the health, education and welfare of the Nez Perce
people; and

WHEREAS, _ there is a need for an amendment to the Gaming Ordinance, Chapter 6-2,
General. Gaming Operations § 6-2-13(v) to restrict NPTEC members from
participating in any gaming sponsored by the Nez Perce Tribal Gaming
Enterprise:

§ 6-2-13 General Gaming Operations Requirements

(v) Members of the Commission and its staff, members of the NPTEC and
members of the Nez Perce Tribe Enterprise Board are prohibited from
participating in any gaming sponsored by the Nez Perce Tribal Gaming
Enterprise. This prohibition on participation shall not include gaming
sponsored by the Nez Perce Tribal Gaming Enterprise that is Class |.

NOW, THEREFORE BE IT RESOLVED, that having opened a comment period exceeding
the required fifteen (15) days, and having considered such comments, the
NPTEC hereby authorizes adoption of the amendment § 6-2-13 General
Gaming Operations Requirements as listed above as a regular amendment
to be included in the Nez Perce Tribal Code.

CERTIFICATION

The foregoing resolution was duly adopted by the Nez Perce Tribal Executive Committee
meeting in Regular Session, October 14, 2008 in the Richard A. Halfmoon
Council Chambers, Lapwai Idaho, a quorum of its Members being present
and voting.

py: nua 4 Carer.
Tonia B. Garcia, Secretary

ATTEST:

Mamucl 1, ymmey

Samuel N. Penney, Chairraén



III gaming requirements of the National Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701et
seq.

§ 6-2-10 Gaming Prohibited

All gaming activities not authorized by this Act, including, but not limited to, those
activities commonly known as bookmaking, betting, card parlors, bunco or confidence games,
pyramid clubs or schemes, chain letters and three card monte, are unlawful and prohibited.

§ 6-2-11 Nez Perce Tribe Gaming Commission Established

(a) The Nez Perce Tribe Gaming Commission (the “Commission’”) shall consist of
three individuals appointed by the Nez Perce Tribal Executive Committee.

(b) Each Commissioner shall serve for a term of three (3) years, with the term
beginning on January | of the year of the appointment and ending on December 31 of the third
year; except that for the initial group of Commissioners, one position will be for a term of three
(3) years, one position will be for a term of two (2) years and one position will be for a term of
one (1) year allowing for a staggered term process thereafter.

(c) Commission members shall serve beyond their term only in the event that
NPTEC fails to promptly make appointments for the subsequent year. Upon the appointments
for the following year, the prior year's appointments shall expire.

(d) Commission positions vacated prior to the end of the term shall be promptly
filled by NPTEC so that a full Commission may serve on a continual basis. However, a

temporary vacancy on the Commission shall not mean the Commission will be non-functional,
since business can be conducted with a minimum of two members being present.

(e) The Commission shall elect among themselves a President, Vice President and
Secretary-Treasurer. Elections shall be conducted each year, within two weeks after NPTEC
appointments are made.

§ 6-2-12 Powers and Duties of the Commission and of the Nez Perce Tribal Executive
Committee with Regard to the Commission Hours, Compensation and
Removal (section amended by NPTEC 9/9/03)

(a) The Commission shall:

(1) — Oversee and regulate the gambling activities authorized by this chapter.
Such power includes the power to inspect premises.

(2) Safeguard and regulate by civil fines and other actions as specified in § 6-
2-25 of this chapter.


(d) NPTEC, or the Subcommittee appointed by NPTEC, shall act as the Gaming
Commission for purposes of making the suitability determination for a gaming license applicant
in the event that a Gaming Commissioner has a conflict, or the appearance of a conflict,
including the following:

(1) Any member of the Gaming Commission has applied for the same
position held by a particular gaming license applicant; or

(2) Any member of the Gaming Commission has participated in the
background investigation of a license applicant; or

(3) | Any member of the Gaming Commission is considered “immediate
family” as defined in the Gaming Enterprise Human Resources Manual, of
a gaming license applicant.

GAMING OPERATIONS
§6-2-13 General Gaming Operations Requirements (section amended by NPTEC 9/9/03)

(a) Each gaming employee or operator including owners of an operating entity as
defined in (0) of this section, prior to beginning work, shall be required to be licensed, at least on
a temporary or conditional basis as provided for in this chapter, by the Nez Perce Tribe Gaming
Commission and shall be required to apply to the Commission for a determination that he:

(1) has not been convicted of an offense related to gambling, fraud,
misrepresentation or deception, drugs or a felony; for the past ten (10)
years;

(2) has no prior activities, reputation, habits, or associations affecting his
present conduct that would pose a threat to the effective regulation and
control of gaming, or enhance the dangers of unsuitable, unfair or illegal
practices, methods or activities, in the conduct of gaming; and

(3) has no present interest in the conduct of any gaming business.

(b) The determination shall be confidential unless otherwise required for purposes of
the tribal Human Resources Manual or the requirements of federal law or regulation.

(c) The Gaming Commission is also subject to periodic background investigations, at
the discretion of NPTEC, and by the full NPTEC, based on any findings brought to the attention
of NPTEC by the Internal Auditor or Background Investigator.

(d) The employee or contractor shall follow the application procedure for licenses
described herein, provided that, no notice shall be published, and no public hearing shall be held.
No employee may accept any gift or thing of value from a gaming contractor.


TRIBAL EXECUTIVE COMMITTEE

P.O. BOX 305 + LAPWAI, IDAHO 83540 + (208) 843-2253

NOTICE

EMERGENCY AMENDMENT TO THE NEZ PERCE TRIBAL CODE

Emergency Amendment effective May 23, 2607, authorized by NPTEC

This notice is being posted May 23, 2007, according the Nez Perce Tribal Code (NPTC) §
1-4-2 to request written comments for the following proposed amendment:

§ 6-2-1 Definitions

@ “Gaming area” means the area where Class II or Class III gaming occurs. This-does
not include cage, soft count, showroom, food and beverage, parking lots, delivery areas, hotels,
warehouses, money areas, or gift shops, or the Events Center when gaming is not being
conducted.

STATEMENT OF PURPOSE: There is a need to amend the Gaming Ordinance, Chapter 6-2,
Definitions, § 6-2-1(j) to include the Events Center in the definition of “Gaming Area.”

COMMENT PERIOD

The Law and Order & Intergovernmental Affairs Subcommittee will be accepting written comments
on the proposed amendment becoming a permanent change to the Code. Please submit written
comments to: Larry Greene, Chair, Law and Order Subcommittee, P.O. Box 305, Lapwai, ID, 83540;
email to Igreene@nezperce.org , fax to (208) 843-7354 or hand deliver to the NPTEC offices in
Lapwai. The deadline for receipt and consideration of such comments is July 6, 2007, at 4:30 p.m.


§ 6-2-20

(a)

Q)

(2)

G)

(4)

An investigative report shall include all of the following:

(i) Steps taken in conducting a background investigation;
(ii) Results obtained;

(iii) | Conclusions reached; and

(iv) _ The basis for those conclusions.

The Commission shall submit, with the report, a copy of the eligibility
determination made under § 6-2-18.

Ifa license is not issued to the applicant by the Tribe, the Commission:
(i) Shall notify NIGC; and

(ii) | May forward copies of its eligibility determination and
investigative report (if any) to NIGC for inclusion in the Indian
Gaming Individuals Records System.

With respect to key employees and primary management officials, the
Commission shall retain application for employment and reports (if any)
of background investigations for inspection by the Chairman of the NIGC
or his or her designee no less than three (3) years from the date of
termination of employment.

Issuance of Gaming Licenses

Response from National Indian Gaming Commission (NIGC)

Q)

(2)

(3)

If, within a thirty (30) day period after the NIGC receives a report, the
NIGC notifies that Tribe that it has no objection to the issuance of a
license by the Commission to the individual for whom the Commission
has provided an application and investigative report to the NIGC, the
Commission may issue a license to such applicant.

The Commission shall respond to a request for additional information
from the Chairman of the NIGC concerning a key employee or a primary
management official who is the subject of a report. Such a request shall
suspend the 30-day period under the preceding paragraph until the
Chairman of NIGC receives the additional information.

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


AUG 17 2009 NP 07-405
RESOLUTION

WHEREAS, the Nez Perce Tribal Executive Committee has been empowered to act for and on
behalf of the Nez Perce Tribe, pursuant to the Revised Constitution and By-Laws, adopted by
the General Council of the Nez Perce Tribe, on May 6, 1961 and approved by the Acting
Commissioner of Indian Affairs on June 27, 1961; and

WHEREAS, _ it is the responsibility of the Nez Perce Tribal Executive Committee (NPTEC) to
promote and protect the health, education and welfare of the Nez Perce people;
and

WHEREAS, on May 23, 2007, NP 07-316 authorized an emergency amendment to
Gaming Ordinance, Chapter 6-2, Definitions, § 6-2-1{j) to include the Events
Center in the definition of gaming areas:

§ 6-2-1 Definitions

(i) “Gaming area” means the area where Class Il or Class Ill gaming occurs.
This does not include cage, soft count, showroom, food and beverage, parking
lots, delivery areas, hotels, warehouses, money areas, gift shops or the Events
Center when gaming is not being conducted; and

WHEREAS, the emergency amendment was posted for the required fifteen (15) days, for
comments and all comments were considered; and

WHEREAS, _ the Nez Perce Tribal Code § 1-4-3(g) states that emergency amendments are
only effective for 90 days unless they are enacted as a regular amendment.

NOW, THEREFORE BE IT RESOLVED, that the NPTEC hereby authorizes adoption of the
emergency amendment as a regular amendment to be included in the Nez
Perce Tribal Code, Gaming Ordinance, Chapter 6-2, Definitions, § 6-2-1 (i).

CERTIFICATION
The foregoing resolution was duly adopted by the Nez Perce Tribal Executive Committee

meeting in Special Session, July 24, 2007 in the Richard Halfmoon Chambers,
Lapwai, Idaho, a quorum of its Members being present and voting.

By: 2690

Brgoklyn D Baptiste, Secretary

ATIEST: 7

Y “Lit L, WA,

Samuel N. Penney, Chairman

i


(3) — Acivil fine of up to a maximum of $500.00 per occurrence per day;

(b) The Commission may refer violations under this chapter to the Tribal Prosecutor

for possible civil or criminal prosecution in conformance with the Nez Perce Tribal Code.
(subsection amended by NPTEC 9/9/03)

§ 6-2-26 Exclusion of Individuals from Gaming Activities

(a) Any operator shall have the authority and discretion to exclude from gaming
activities or gaming facilities, any individual who:

(1) Appears to be under the influence of intoxicants;

(2) Appears to be losing an unreasonable amount of money at gaming
activities;

(3) Appears to be violating rules or regulations governing gaming activities as
established by the Commission or operator;

(4) By virtue of his condition or activities, disturbs the peaceful participation
of other individuals in gaming activities or disrupts the orderly conduct of
the gaming activity;

(b) An operator may make reasonable inquiries of individuals in the course of
determining whether any of the activities defined in paragraph (a) above are occurring;

(c) An operator who excludes any individual pursuant to this section shall not incur
any liability, criminal or civil, as a result of doing so.

(d) Any person who is excluded from gaming by an operator pursuant to this section
may petition the Commission for an order lifting the exclusion. The Commission shall have full
discretion in determining whether to hear any such petition. The Commission shall further have
discretion to impose such conditions as they deem appropriate in issuing any order lifting an
exclusion.


§ 6-2-6 Sovereignty

The Nez Perce Tribal Executive Committee acting for the Nez Perce Tribe by this
enactment, does expressly retain and does not in any way waive its right of sovereignty as
expressed in treaties, laws or in any other manner.

AUTHORIZED GAMBLING ACTIVITIES
§ 6-2-7 Class I Gaming
Class I gaming is defined as social games solely for prize of minimal value or traditional

forms of Indian gaming engaged in by individuals as part of, or in connection with, tribal
ceremonies or celebrations.

(a) Class I gaming may be engaged in by individuals and organizations without
restriction and is not subject to the provisions of this Act.

§ 6-2-8 Class If Gaming
Class II gaming is defined as:

(a) The game of chance commonly known as bingo (whether or not electronic,
computer, or other technological aids are used in connection therewith)

(1) | which is played for prizes, including monetary prizes, with cards bearing
numbers or other designations;

(2) in which the holder of the card covers such numbers or designations with
objects, similarly numbered or designated, which are drawn or
electronically determined; and

(3) 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; and

(b) Card games that:
(1) are explicitly authorized by the laws of the State of Idaho, or
(2) are not explicitly prohibited by the laws of the State of Idaho and are

played at any location in the State, but only if such card games are played
in conformity with those laws and regulations (if any) of the State


G3)

(4)

(5)

(6)

wa)

(8)

(9)

(10)

Issue licenses when such are required by this chapter, and in accordance
with § 6-2-16 through § 6-2-22 of this chapter.

Deny or revoke such license when the results of a thorough and objective
investigation by the NPTGC indicates that such action is appropriate
and/or in accordance with § 6-2-23 through § 6-2-25 of this chapter.

Formulate and promulgate rules and regulations which shall govern in
detail the issuance of licenses, the amount of the license fee, and the
revocation of licenses.

Insure the proper record keeping of gambling proceeds of the Nez Perce
Tribe Gaming Enterprise, gaming licenses and anyone whose gambling
activities subject him to the provisions of the Bank Secrecy Act, CFR
Title 12, Banks and Banking or CFR Title 31, Money and Finance, or any
other applicable requirement of the Internal Revenue Service .

Cause a review of the appropriate records of gaming licensees of the Nez
Perce Tribe at least every three years. Appropriate records are those
directly related to determining a licensee’s suitability to hold a gaming
license.

Cause annual outside audits as required by the Indian Gaming Regulatory
Act, of all gaming activities on the Nez Perce Reservation to be conducted
and submitted to the National Indian Gaming Commission specifically
including all gaming-related contracts for supplies, services or
concessions having a contract amount in excess of $25,000.00 per annum
or in any 12 month period.

Insure that facilities where gaming occurs are properly constructed and
maintained and that the operation of the game is conducted in a manner
which adequately protects the environment and the public health and
safety.

Cause to be conducted background investigation and suitability
determinations of potential gaming employees as required by the National
Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq.

(b) It shall be the responsibility of the NPTEC to set the maximum hours (not to
exceed 40 hours per week) and hourly compensation for the Gaming Commission.

(c) Any Gaming Commission member may be removed by NPTEC for cause,
including neglect of duty, failure to recuse oneself in cases of conflicts of interest as set forth in
§ 6-2-12(d), gross misconduct or failure to attend more than one half of the regular commission
meetings, or for any offense listed in § 4-1-93 through § 4-1-111, inclusive of the Nez Perce

Tribal Code.