August 22,20 13 

By First Class Mail 

B. Cheryl Smith, Tribal Chief 

Jena Band of Choctaw Indians 

P.O. Box 14 

Jena, LA 71 342-0014 

Re: Jena Band of Choctaw Indians Amended Class I1 and Class I11 Gaming 

Ordinance, JBC 2013-061 8 

Dear Chief Smith: 

This letter responds to your request on behalf of the Jena Band of Choctaw 

Indians for the National Indian Gaming Commission Chairwoman to review and approve 

the Nation's amendments to the Nation's gaming ordinance. 

The amendments were passed on June 18,2013 by the Tribal Council of the Jena 

Band of Choctaw Indians. JBC 2013-0618. The amendments include uvdatine - the 

privacy notice provision and false statement provision, adding a definition for "directly 

related to" which loosens the restrictions on who can serve as a gaming commissioner, 

and makes technical edits and reorganizes the chapter and section stru&re of the 

ordinance. 

Thank you for bringing the amendments to our attention and for providing us with 

a copy. The amendments are approved as they are consistent with the requirements of the 

Indian Gaming Regulatory Act and the NIGC's regulations. If you have any questions, 

please feel free to contact Senior Attorney Michael Hoenig at 202-632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONAL HEADQUARTERS 1441 LSt. NW. Suite 9100. Washington, DC2OW5 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV 

REGIONAL OF~CES Portland. OR; Sacramento, CA: Phoenix. AZ: St. Paul. MN:Tulsa. OK 
TRIBAL COUNCIL RESOLUTION 

JBC 2013- o L / 8 

WHEREAS, the Jena Band of Choctaw Indians is a sovereign federally recognized 

Indian tribe, Acknowledged as a Sovereign Indian Nation by the United States Government; and 

WHEREAS, the Tribal Council of the Jena Band of Choctaw Indians (the "Tribal 

Council") is the governing body of the Jena Band of Choctaw Indians (the "Tribe"); and 

WHEREAS, the Tribal Council is authorized by the Tribal Constitution to act and 

exercise Tribal Authority on behalf of the Tribe; and 

WHEREAS, the Tribal Council has the duly authorized right to promote self-government 

on the Jena Band of Choctaw Tribal Lands; and 

WHEREAS, on April 2,2007, pursuant to the authorities granted by the Reorganization 

Act, the Secretary of the Department of the Interior proclaimed all lands held in trust by the 

United States of America to be the reservation of the Tribe; and 

WHEREAS, the Tribal Council desires to amend the First Amended Class 11, Class 111 

Gaming Ordinance adopted and enacted on June 17,2008 and approved by the National Indian 

Gaming Commission on June 26,2008 ("Ordinance"), including but limited to revisions to 

amend the privacy notice provision and false statement provision to correctly reflect the newly 

adopted language in the applicable regulations, i.e. 25 C.F.R. § 556.2 and 25 C.F.R. § 556.3, 

respectively. 

NOW, THEREFORE, BE IT RESOLVED that the Tribal Council does hereby adopt 

the Jena Band of Choctaw Indians Second Amended Class IIiClass 111 Gaming Ordinance dated 

June 18,2013 to authorize and regulate all classes of gaming on the Tribe's Indian Lands. 

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Tribal Council does 

hereby authorize the Tribal Chief, B. Cheryl Smith, to submit to the National Indian Gaming 

Commission for approval within fifteen (15) days of this date, this Second Amended Class 

IIiClass III Gaming Ordinance dated June 18,2013. 
CERTIFICATION 

The stated resolution was enacted and adopted on the vk day of ;Tk,w ,2013 

by the Jena Band of Choctaw Indians Tribal Council, with a quorum present; the vote was 2 

(for), a(against) I (absent). 

Dana Masters Leon Allen 
THE JENA BAND OF CHOCTAW INDIANS 

SECOND AMENDED CLASS IIICLASS 111 GAMING ORDINANCE 

JUNE 18,2013 

An Ordinance to authorize, license, and regulate all classes of gaming on lands of the 

Jena Band of Choctaw Indians and to create a Tribal Gaming Commission. 

CHAPTER 1 

GENERAL PROVISIONS 

Section 101. Purpose. 

The Tribal Council of the Jena Band of Choctaw Indians (the "Tribe") is empowered by 

the Tribe's Constitution to enact ordinances. The Tribal Council of the Jena Band of Choctaw 

Indians hereby enact this Second Amended Class WClass 111 Gaming Ordinance ("Ordinance") in 

order to govern Class II and Class 111 gaming operations on the Tribe's Indian lands. 

Section 102. Declaration of Policy. 

The policy of the Jena Band of Choctaw Indians in promulgating this Ordinance is as 

follows: 

(a) That all classes of gaming shall be permitted upon the Tribe's Indian Lands. 

(b) That gaming on the Tribe's Indian Lands shall be regulated in a manner that adequately 

protects the environment, the public health, welfare and morals of all persons residing on 

the Indian Lands, all invitees to the gaming establishment and the Tribe fiom any adverse 

effects that may derive fiom unregulated gaming; 

(c) That there shall be continuing effort to maximize the potential for revenue fiom any 

Tribal gaming establishment and to sustain the highest achievable levels of that revenue 

in order: 

(1) to fund tribal government operations and 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. 

(d) That the Tribe shall have the sole proprietary interest in and responsibility for the conduct 

of all gaming activities on the Indian Lands; and 

(e) That the conduct of gaming activities provided for within this Ordinance shall comply 

with the Indian Gaming Regulatory Act, 25 U.S.C. $5 2701, et seq. , and any relevant 

regulations promulgated by the National Indian Gaming Commission ("NIGC") or the 
Bureau of Indian Affairs ("BIA"). 

Section 103. Def~tions. 

Unless a different meaning is clearly indicated in this Ordinance, the terms used herein 

shall have the same meaning as defined in the Indian Gaming Regulatory Act ("IGRA"), 25 

U.S.C. 5 2701 et seq., and its regulations, 25 C.F.R. 5 500 et seq. Specifically: 

(a) Class I gaming means social games solely for prizes of minimal value or traditional 

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

ceremonies or celebrations. 

(b) Class I1 gaming means: 

'1) the game of chance commonly known as bingo (whether or not electronic, 

computer, or other technological aids are used in connection therewith): 

(A) which is played for prizes, including monetary prizes, with cards bearing 

numbers or other designations, 

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

objects, similarly numbered or designated, are drawn or electronically 

determined, and 

(C) 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 

L, card games that: 

(A) are explicitly authorized by the laws of the State of Louisiana; or 

(B) are not explicitly prohibited by the laws of the State of Louisiana 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 

regarding hours or periods of operation of such card games or limitations 

on wagers or pot sizes in such card games. 

(3) The terms "Class I1 Gaming" does not include: 

(A) any banking card games, including bacarat, chemin de fer, or blackjack 

(211, or 

(B) electronic or electromechanical facsimiles of any game of chance or slot 

machines of any kind. 
Class I11 gaming means all forms of gaming that are not Class I or Class I1 Gaming. 

Commission means the Tribal Gaming Commission established to perform regulatory 

oversight and to monitor compliance with Tribal, Federal, and applicable State 

regulations. 

Commissioner means a Tribal Gaming Commissioner. 

Compact means a Tribal-State Compact concerning Class ID Gaming approved by the 

Secretary of the Department of the Interior and published in the Federal Register pursuant 

to 25 U.S.C. 5 2710(d). 

Complimentary services and items shall have the same meaning set forth in 25 C.F.R. 5 

543.2 (Class 11) and 25 C.F.R. 5543(a) (Class 111), as applicable. 

Directly related to means a spouse, child, or parent. 

Facility or Facilities means each place, facility, or location on Indian Lands where Class 

I1 and/or Class III gaming is conducted, including the buildings, improvements, and 

permanent fixtures . 

Gaming device means any equipment or mechanical, electromechanical, or electronic 

contrivance, component, or machine used remotely or directly in connection with any 

gaming which affects the result of a wager by determining or predicting the outcome of 

such game or the odds of winning or losing such game. The term shall be broadly 

construed to promote the purposes of this Ordinance and shall also include any devices, 

machines, components or contrivances which do or are capable of affecting, in any f that, 

for consideration, assists or allows a player to play a game of chance. The term shall be 

broadly construed to promote the purposes of this Gaming Ordinance and shall include 

any such machine or device whether the game played is a Class I1 or a Class 111 game. 

Gaming Operation or Operations means all Class I1 Gaming and Class III Gaming 

conducted at any Gaming Facility, including all commercial operations that are related to 

or that support the gaming operations; provided that no convenience store or gasoline 

station owned by the Tribe or a tribal entity shall be considered part of the Gaming 

Operations, unless gaming occurs on the premises of such store or station. 

Indian Lands means: 

All lands proclaimed on April 2,2007, pursuant to the authorities granted by the Indian 

Reorganization Act, to be the reservation of the Jena Band of Choctaw Indians (72 Fed. 

Reg. 1571 1) are Indian Lands eligible for gaming and are: 
(1) all lands within the limits of the Tribe's reservations; 

(2) any lands title to which is either held in trust by the United States for the benefit 

of the Tribe or individual or held by the Tribe or individual subject to restriction 

by the United States against alienation and over which the Indian Tribe exercises 

governmental power; and 

(3) for all lands acquired into trust for the benefit of an Indian tribe after October 17, 

1988, the lands meet the requirements set forth in 25 U.S.C. § 2719. 

(m) Key Employee means: 

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

Bingo caller; 

Counting room supervisor; 

Chief of security; 

Custodian of gaming supplies or cash; 

Floor manager; 

Pit boss; 

Dealer; 

Croupier; 

Approver of credit; or 

Custodian of gambling devices including persons with access to cash and 

accounting records within such devices; 

(5) If not otherwise included, any other person whose total cash compensation is in 

excess of fifty thousand dollars ($50,000.00) per year; 

(6) If not otherwise included, the four (4) most highly compensated persons in 

gaming operation; or 

(7) Any other person designated by the Tribal Council as a key employee. 

(n) Management Contract or Agreement means any contract, subcontract, or collateral 

agreement between the Tribe or a tribal entity and a contractor or between a contractor 

and a subcontractor, if such contract or agreement provides for the management of all or 

part of a Gaming Operation. 

(0) Management Contractor means the person designated by the management contract as 

having management responsibility for the Gaming Operation, or a portion thereof. 

(p) Net Revenues mean gross gaming revenues of an Indian gaming operation less 

A 
(1) Amounts paid out as, or paid for, prizes; and 

(2) Total gaming-related operating expenses, excluding management fees. 

(q) Patron means any person who participates in gaming or who is physically present on 

premises wherein or whereon gaming is conducted. 

(r) Person Having a Direct or Indirect Financial Interest in a Management Contract 

means 

(1) When a person is a party to a management contract, any person having a direct 

financial interest in such management contract; 

(2) When a trust is a party to a management contract, any beneficiary or trustee; 

(3) When a partnership is a party to a management contract, any partner; 

(4) When a corporation is a party to a management contract, any person who is a 

director or who holds at least ten percent (10%) of the issued and outstanding 

stock alone or in combination with another stockholder who is a spouse, parent, 

child, or sibling; or 

(5) When an entity other than a natural person has an interest in a trust, partnership or 

corporation that has an interest in a management contract, all parties of that entity 

are deemed to be persons having a direct financial interest in a management 

contract. 

(s) Primary Management Official means 

(1) The person(s) having management responsibility for a management contract; 

(2) Any person who has authority: 

(A) To hire and fire employees; or 

(B) To set up working policy for the gaming experience; 

(3) The Chief Financial Officer or other person who has financial management 

responsibility. 

(t) Tribal Gaming Authority means the Jena Choctaw Indian Gaming Authority. 

(u) Tribe means the Jena Band of Choctaw Indians. 

Section 104. Gaming Authorized. 

Class I1 and Class III gaming are hereby authorized. 
Section 105. Ownership of Gaming. 

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

any Gaming Operations authorized by this Ordinance. 

Section 106. Use of Gaming Revenue. 

Net Revenues from Gaming Operations shall be used only for the following purposes: 

(1) to fund tribal government operations and 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 107. Per Capita Payments. 

(a) "Per Capita Payment" means the distribution of money or other thing of value to all 

members of the Tribe, or to identified groups of members, which is paid directly *om the 

Net Revenues of any Gaming Operation. 

(b) If the Tribal Council elects to make Per Capita Payments to tribal members from Net 

Revenues, it shall ensure that the following requirements of 25 C.F.R. Part 290 are met: 

(1) The Tribal Council shall authorize and issue Per Capita Payments only in 

accordance with a revenue allocation plan submitted to and approved by the 

Secretary of the Department of the Interior under 25 U.S.C. 5 2710(b)(3). 

(2) The Tribal Council shall ensure that the interests of minors and other legally 

incompetent persons who are entitled to receive any Per Capita Payments under a 

Tribal Per Capita Payment plan are protected and preserved, and that the Per 

Capita Payments are disbursed to the parents or legal guardian of such minors or 

legal incompetents in such amounts as may be necessary for the health, education, 

or welfare of the minor or other legally incompetent person, under a plan 

approved by the Tribal Council and the Secretary of the Department of the 

Interior. The Tribal Council must also establish criteria and a process for a 

withdrawal of funds by the parent or legal guardian. 

(3) The Tribal Council shall designate or create a Tribal court system, forum, or 

administrative process for resolution of disputes concerning the allocation of Net 

Revenues and the distribution of Per Capita Payments. 

(4) The Tribal Council shall ensure that the Tribal revenue allocation plan reserves an 
adequate portion of net gaming revenues fiom the tribal gaming activity to do one 

or more of the following purposes: fund Tribal government operations or 

programs; provide for the general welfare of the Tribe or its members; promote 

tribal economic development; donate to charitable organizations; or to help fund 

operations of local government. 

,j) The Tribal Council shall ensure that distributions of Per Capita Payments are 

made according to specific eligibility requirements. 

(6) The Tribal Council shall ensure that Tribal members are notified of the tax 

liability for Per Capita Payments and how taxes will be withheld. 

Section 108. Tribal InternalControl Standards. 

The Tribal Council shall adopt and implement Internal Control Standards (ICS) for the 

operation of its Tribal gaming operation in accordance with applicable law. The Tribe's ICS 

shall be set out in separate regulations. 

Section 109. Audit. 

(a) The Tribal Council shall cause an annual outside independent audit of gaming operations 

to be conducted, 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 twenty-five thousand ($25,000.00) annually, except contracts for 

professional legal and accounting services, shall be included within the scope of the audit that is 

described in subsection (a) above. 

(c) All financial and accounting aspects of Gaming Operations shall be in compliance with 

the operational procedures established by the Tribal Council. 

Section 110. Environment and Public Health and Safety. 

(a) Gaming Facilities shall be constructed, maintained, and operated in a manner that 

adequately protects the environment and the public health and safety. 

b) The Tribal Council shall adopt standards that assure adequate protection of the 

environment and the public health and safety. 
CHAPTER 2 

TRIBAL GAMING COMMISSION 

Section 201. Commission Established. 

(a) The Tribal Council hereby establishes a Tribal Gaming Commission which shall be 

known as the Jena Band of Choctaw Indians Gaming Commission and whose duty it is to 

regulate tribal gaming operations. The Commission shall consist of three (3) members selected 

by the Tribal Council. There shall be among them a Chairperson, Vice-Chairman, and one 

additional Commissioner. The Chairman and the Vice Chairman shall have signatory authority 

for the Commission. 

(b) The purpose of the Commission is regulatory, not managerial. The Commission will 

ensure compliance with Tribal, Federal, and, if applicable, State laws and regulations. The 

Commission shall serve as the licensing authority for individuals employed in the Gaming 

Operations and will administer background investigations as part of the licensing process. The 

Commission will also have a role in monitoring compliance with internal controls for the 

Gaming Operations and in tracking revenues. In order to cany out its regulatory duties, the 

Commission shall have unrestricted access to all areas of the Gaming Operations and to all 

records. The Commission shall have authority to take enforcement actions, including suspension 

or revocation of an individual gaming license, when appropriate and in accordance with the 

procedures established by the Tribal Council. 

Section 202. Appointment of Commissioners; Terms of Office; Filling of Vacancies. 

(a) Tribal Gaming Commissioner positions shall be filled through appointment by the Tribal 

Council. The Tribal Council shall require a criminal history check with appropriate law 

enforcement agencies or investigation service and shall review this criminal history report and 

make an appropriate eligibility determination before appointing an individual to a position as a 

Commissioner. 

(b) Nominees for positions of Tribal Gaming Commission must satisfy the eligibility 

standards set forth for Management Contractors, Key Employees and Primary Management 

Officials found in Section 406 of this Ordinance. Such background investigations shall be 

performed either directly or indirectly by the Tribal Police Department or, if the Tribal Police 

Department has not been established, the Tribal Attorney, who shall report directly to the Tribal 

Council. Upon completion of the background investigation, the Tribal Council shall, by a 

majority vote, (i) either approve by Council Resolution the appointment of a Commissioner or 

(ii) notice the Commissioner for a hearing before the Tribal Council. If the Tribal Council has 

reason to believe that a licensed Commissioner fails at any time to meet the license requirements 

under this Ordinance or that the Commissioner has violated this Ordinance, the rules, tribal law, 

a compact, or the IGRA and regulations promulgated thereunder, or any other applicable law, the 

Tribal Council shall direct an investigation to be conducted and may notice the Commissioner for 
a hearing before the Tribal Council. Any action to remove a Commissioner from office for 

malfeasance, misfeasance, or nonfeasance in office shall be conducted in compliance with Subsection (d) below. 

(c) Terms of Office for Commissioners shall be as follows: the Chair shall serve an initial 

term of three years, with subsequent Chairs serving three-year terms. The Vice-Chair shall serve 

an initial term of two (2) years, with subsequent Vice-Chairs serving three-year terms. The 

Commissioner shall serve an initial term of one year, with subsequent Commissioners serving 

threeyear terms. 

(d) The independence of the Commission is essential to a well-regulated Gaming Operation. 

For that reason, 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 unaualified for hisiher oosition. . . Anv allegations of " 

neglect of duty, misconduct, malfeasance, or other acts that would render him or her unqualified 

for hisiher position must be substantiated bv a vreuonderance of the evidence. Commissioners A --A 

will be given an opportunity to provide evidence rebutting the grounds for their proposed 

removal before the removal is considered. A vote of the Tribal Council on the validity of the 

removal shall be fmal and not subject to further appeal. A wrongful removal shall entitle the 

affected Commissioner to compensation for expenses incurred in an appeal and any pay 

withheld. 

Section 203. Meetings; Quorum. 

Meetings shall be held at such times and places as may be necessary for the proper 

discharge of the Commission's duties. A majority of the Commission shall constitute a quorum. 

The concurrence of a majority of the members appointed to the Commission shall be required for 

any final determination by the Commission. The Commission may act in its official capacity 

even if there are vacancies on the Commission. The Commission shall keep a written record of 

all its meetings. 

Section 204. Salaries of Commissioners. 

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

Commissioner compensation shall not be based on a percentage of gaming revenue to ensure the 

Commission is not improperly influenced. 

Section 205. Certain Persons Ineligible to be Commissioners. 

The Tribe recognizes the importance of an independent Commission in maintaining a 

well-regulated Gaming Operation. The Commission shall be and act independently and 

autonomously from the Tribal Council in all matters within its purview. No prior or subsequent 

review by the Tribal Council of any actions of the Commission shall be required or permitted 
except as otherwise explicitly provided in this Ordinance. To avoid potential conflicts of interest 

between the operation and regulation of the gaming facility, the Tribal Council hereby finds that, 

at a minimum the following individuals may not serve on the Gaming Commission: 

(1) A member of the Tribal Council or Tribal Gaming Authority; 

(2) A member directly related to or living with any Tribal Council member, Tribal 

Gaming Authority member, or gaming contractors; 

(3) Employees of the Gaming Operation, while serving as such; 

4) Gaming contractors (including any principal of a management or other contracting 

company); 

(5) Persons directly related to or sharing a residence with any of the above; 

(6) Persons ineligible to be Key Employees, Management Contractor, or Primary 

Management Officials; and 

(7) Persons previously convicted of a felony, of embezzlement, of theft, or of any 

other money-related crime or honesty-related crime (such as fraud). 

Section 206. Files and Records to be Maintained by the Commission. 

(a) The Commission shall maintain a file of all applications for licenses under this 

Ordinance, together with a record of all actions taken with respect to those applications. 

@) The Commission may maintain such other files or records as they deem desirable. 

(c) The following information and data are confidential and may only be revealed in whole or 

in part in the course of the necessary administration of this Ordinance or upon the lawful 

order of a court of competent jurisdiction: 

(1) Required by the Commission to be furnished to them under this Ordinance or 

which may otherwise be obtained relative to the finances, earnings, or revenue of 

any applicant or licensee; 

(2) Pertaining to an applicant's criminal record, antecedents and background which 

have been furnished to or obtained by the Commission fiom any source; 

3) Provided to the members of the Commission or its employees by a governmental 

agency or an informer or on the assurances that the information will be held in 

confidence and treated as confidential; or 
(4) Obtained by the Commission from a supplier relating to the manufacturing of 

gaming devices or gaming goods. 

Section 207. Commissioners Prohibited from Participating in Gaming Operations Ownea 

or Operated by the Tribe and from Accepting Complimentary Items. 

No Commissioner shall be permitted to participate in any gaming activity within any 

Gaming Operation except for any such participation engaged in solely for educational or 

instructional purposes. Commissioners are prohibited from accepting Complimentary services or 

items from the Gaming Operation, except food and beverages valued under twenty-five dollars 

($25.00) or, if at a public event held at the Facility, the free food and beverage offered to the 

general public. 

Section 208. Ethics. 

The Tribe recognizes that the duties of the Commission include making decisions on 

highly sensitive issues. As such, the Tribe has determined that the Commission shall be held to 

extremely high ethical standards. Prior to taking their positions on the Commission, each 

Commissioner shall agree to be bound by the following principles: 

(1) Commissioners shall not hold financial interests that conflict with the 

conscientious performance of their duties as managers and regulators. 

(2) Commissioners shall not engage in financial transactions using non-public 

information or allow the improper use of such information by others on their 

behalf to Mer any private interest. 

(3) Commissioners shall not solicit or accept any gift or other item of monetary value, 

including complimentary items or services (see Section 207 above), from any 

person or entity seeking official action or inaction eom, doing business with, or 

conducting activities regulated by the Member's organization, or whose interests 

may be substantially affected by the performance or nonperformance of the 

Commissioners' duties; 

(4) Commissioners shall make no unauthorized commitments or promises of any kind 

purporting to bind the Tribe; 

(5) Commissioners shall not use their positions for private gain. 

(6) Commissioners shall act impartially, in accordance with all relevant Tribal, 

Federal, and State laws (where applicable), and shall not give preferential 

treatment to any private organization or individual, including to any persons not 

related to Commissioners. 
(7) Commissioners shall ensure that Tribal property and gaming assets shall be 

properly segregated and safeguarded, and that such property and assets shall not 

be used for unauthorized activities. 

(8) Commissioners shall not engage in outside employment or activities, including 

seeking or negotiating for future employment, which conflict with their official 

duties and responsibilities. 

(9) Commissioners shall disclose waste, fraud, abuse, and corruption to appropriate 

authorities. 

(1 0) Commissioners shall endeavor to avoid any actions creating the appearance that 

they are violating the law or the ethical standards listed herein. 

(1 1) Commissioners shall disclose any real or apparent financial or personal conflicts. 

If there is a real conflict or the appearance of one, the Member shall not take part 

in any decision related to the conflict. 

Section 209. Penalty for Divulging Certain Information. 

Any Commissioner who divulges any fact or information coming to his or her knowledge 

not generally known by the public respecting any aspect of his or her duties as a Commissioner, 

except insofar as he or she may be authorized by the Commission or a court of competent 

jurisdiction, or a judge thereof, is guilty of a class C misdemeanor. 

Section 210. Powers and Duties of the Commission. 

(a) The rights, powers, authority, jurisdiction, and duties conferred by this Chapter upon the 

Commission shall be exclusive and shall be exercised so far as they may be exercised 

consistently with the Constitution of the Jena Band of Choctaw Indians and all other Tribal law. 

(b) The Tribal Gaming Commission shall have the authority and responsibility to: 

(1) Conduct or cause background investigations to be conducted on, at a minimum, 

Management Contractor, Primary Management Officials, and Key Employees; 

(2) Review and approve all investigative work conducted; 

(3) Report results of background investigations to the NIGC; 

(4) Obtain and process fingerprints, or designate a law enforcement agency to obtain 

and process fingerprints; 
(5) Make licensing eligibility determinations, which shall be signed by the Chairman 

or the Vice Chairman of the Commission; 

(6) Issue gaming licenses to management officials and employees of any Gaming 

Operation, consistent with the eligibility determination; 

(7) Establish standards for licensing Gaming Operations; 

(8) Issue and renew facility gaming licenses to Gaming Operations; 

(9) Inspect, examine and monitor all gaming activities, and have immediate access to 

review, inspect, examine, photocopy and audit all records of the Gaming 

Operation; 

(10) Ensure compliance with all Tribal, State, and Federal laws, rules, and regulations 

regarding Indian gaming; 

(1 1) Investigate any suspicion of wrongdoing associated with any Class II Gaming or 

Class 111 Gaming, as applicable, in compliance with procedures established in this 

Ordinance and other Tribal gaming regulations established by the Tribal Council; 

(12) Hold hearings on violations of this Ordinance, in compliance with procedures 

established in this Ordinance and other Tribal gaming regulations enacted by the 

Tribal Council; 

(13) Comply with any and all reporting requirements under the IGRA, Tribal-State 

compact to which the Tribe is a party, and any other applicable law; 

(14) Promulgate and issue regulations necessary to comply with applicable internal 

control standards: 

(15) Promulgate and issue regulations on the collection of fees and/or taxes associated 

with gaming license applications as established by the Tribal Council; 

Promulgate and issue regulations on the levying of fines and/or suspension or 

revocation of gaming licenses for violations of the gaming ordinance, or any other 

Tribal, Federal, or State, if applicable, gaming regulations in compliance with 

procedures established in this Ordinance and other Tribal gaming regulations 

enacted by the Tribal Council; and 

(17) Establish a list of persons not allowed to game in Tribal gaming facilities in order 

to maintain the integrity of the Class I1 Gaming or Class III Gaming, as applicable; 
(1 8) Provide referrals and information to the appropriate law enforcement officials 

when such information indicates a violation of Tribal, Federal, or State statutes, 

ordinances, or resolutions; 

(19) Enforce and administer all provisions of this Ordinance; 

(20) Revoke, suspend, condition, or deny an application or gaming license for any 

reason specified within this Ordinance in compliance with procedures established 

in this Ordinance and other Tribal gaming regulations enacted by the Tribal 

Council; 

(21) May require the bonding of Primary Management Officials, Key Employees, or 

other employees as deemed necessary by the Commission in consultation with the 

Tribal Council; 

(22) Investigate and resolve all patron disputes not governed by the Tribal Tort Claims 

Act in accordance with procedures adopted by the Commission. 

(23) Certify that all Gaming Devices purchased, leased, or otherwise acquired by any 

Gaming Operation meet the technical equipment standards set forth by the 

Commission or NIGC; 

(24) Perform such other duties the Commission deems appropriate for the proper 

regulation of the Gaming Operation; and 

(25) Promulgate such regulations and guidelines as it deems appropriate to implement 

the provisions of this Ordinance. 

(c) The Gaming 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 persons who are not directly involved in the licensing and employment processes. 

Information obtained during the course of an employee background investigation shall be 

disclosed to the Tribal Council, legal staff, members of management, human resource personnel 

or others employed by the Gaming Operation on a need-to-know basis for actions taken in their 

official capacities. 

This Section does not apply to requests for such information or records from any Tribal, 

Federal or State law enforcement or regulatory agency, or for the use of such information or 

records by the Commission and staff in the performance of their official duties. 
CHAPTER 3 

CIVIL ENFORCEMENT, HEARINGS, AND APPEALS 

Section 301. Civil Enforcement. 

(a) The Commission may, after complying with Subsection (c) below and upon consultation 

with the Tribal Council, take any one or a combination of the following actions with 

respect to any person who violates any provision of this Ordinance: 

(1) Impose a civil penalty to the maximum extent allowable under Tribal law. If 

such violation is a continuing one, each day of such violation may be deemed a 

separate offense. 

(2) Suspend or revoke any gaming license issued by the Commission in compliance 

with procedures established in this Ordinance and other Tribal gaming - - remlations - 

enacted by the Tribal Council. 

3) The Commission has the authority to impose one or more of the following 

sanctions: 

(i) seizure of any gaming apparatus, proceeds or other property of a licensee 

connected with the gaming activities engaged in by the licensee; 

(ii) in the case of any nonmember of the Tribe, expulsion kom the Tribe's 

Indian Lands; 

(iii) collection of any unpaid fees, interest, or penalties; 

(iv) execution on any nonexempt property of a violator located within the 

exterior boundaries of the Tribe's Indian Lands; 

(v) a penalty of one hundred dollars ($100.00) per day for failure to file any 

report when due and one thousand dollars ($1000.00) per day for failure to . - file such report after notice and demand; o; 

(vi) any other action deemed necessary or appropriate by the Tribal Court. 

(b) Every person who applies for and accepts a gaming license shall be deemed responsible 

for reading and adhering to all rules and regulations relating to the conduct of Class I1 Gaming 

and Class III Gaming on Indian Lands. 

(c) Before taking any action regarding a possible violation of this Ordinance, the 

Commission shall provide written notice of violation(s) to the Management Contractor, Key 

Employee, or Primary Management Official. The notice shall include: 
(1) A citation to the rule, tribal, or federal requirement that has been violated; 

(2) A short and plain statement of the facts involving the alleged violation; and 

(3) A statement of the time, place, and nature of the hearing on the alleged violation. 

The Tribal Council shall also be provided with a copy of the written notice of violation(s). 

Section 302. Hearings. 

(a) Other than as set forth in Section 410 herein, before taking any action regarding a 

possible violation of this Ordinance or any other Tribal law, the Commission shall hold a hearing 

allowing the violator an opportunity to be heard. 

(b) The Commission shall employ its best efforts to notify the alleged violator, in person or 

by letter delivered to his or her last known address, of the charges against him or her. If the 

alleged violator fails to respond, or cannot be found, the Commission may proceed with a hearing 

notwithstanding, and take such action as it deems appropriate. The hearing shall not be 

scheduled sooner than 48 hours from the date the notice is received, if in person, and no sooner 

than 5 days if provided by other delivery. 

(c) The Commission shall notify the alleged violator in writing of its decision. The writing 

shall specifically identify the action of the Commission and the factual basis for the action. 

Section 303. Appeals 

(a) Any person aggrieved by a decision made or action taken by the Commission after notice 

and opportunity for a hearing, may petition the Tribal Council in writing for a rehearing. Such 

petition shall specifically set forth the reasons for aggrievement, and be filed with the Tribal 

Council no later than fourteen (14) days after the Commission's decision and action. 

(b) The Commission's decision shall be upheld unless it is arbitrary and capricious, an abuse 

of discretion, not supported by substantial evidence or authorized by law; provided that there 

shall be de novo review on all questions of law. 

(c) Upon establishment of the Tribal Court, the appeal of Commission decisions shall be 

made to the Tribal Court in accordance with Subsection (a) above and the procedures adopted by 

the Tribal Court. 
CHAPTER 4 

FACILITY AND GAMING LICENSES 

Section 401. Facility Licenses. 

The Commission shall issue a separate license under this Ordinance once every three (3) 

years to each Facility. A separate license shall also issue for each class of gaming sought to be 

licensed. The Commission shall specify the form, conditions and content for the application for 

such licenses, which shall be submitted by the chief management official of the Facility, and the 

initial application shall include a legal description of the lands whereon the Facility is located, 

and a certification that said premises constitute "Indian lands" as specified in IGRA, and shall 

identify the environmental, health, and public safety standards with which the Facility must 

comply, and a certification that the Facility is in compliance therewith. Each subsequent 

application for the renewal of such Facility license shall identify any changes or additions to said 

legal description and applicable environmental, health, and public safety standards, and include 

current certifications of compliance therewith. The Commission shall only issue such licenses if 

the applications therefor include the required information and certifications and such further 

conditions as the Commission shall have specified. 

Section 402. Licenses for Management Contractors, Key Employees and Primary 

Management Officials. 

(a) A Tribal gaming license shall be required of all employees of a Gaming 0 including each 

Key Employee, Primary Management Official and alternate Primary Management - Official, and any ~ana~ement~ontractor. 

(b) All licenses issued under this Ordinance to a Management Contractor must be posted by 

the licensees and kept posted at all times in a conspicuous place in the establishment for 

which issued until replaced by a place at all times while working in the Gaming 

Operation. 

(c) The Tribal Council and Commission shall ensure that the policies and procedures set out 

in this Chapter are implemented with respect to Key Employees, Primary Management 

Officials, and Management Contractors employed at any Gaming Operation operated on 

Indian Lands. The Commission will issue licenses and perform background 

investigations according to requirements at least as stringent as 25 C.F.R. Parts 556 and 

558. The licensing requirements set forth in 25 C.F.R. Parts 556 and 558 do not apply to 

any license that is intended to expire within 90 days of issuance. 

Section 403. License Application Forms. 

(a) Each applicant for an initial gaming license shall complete an application. Such 

application shall request and contain the information specified in this Ordinance. Each applicant 
seeking renewal of an existing license shall also complete an application, however, such 

application shall require less detail. All applications shall be signed by the applicant. 

(b) Before a Management Contractor can be issued a gaming license, a background 

investigation must be successfully completed on each person having a direct or indirect financial 

interest in a management contract. In the event of a proposed change in the persons having a 

direct or indirect financial interest in a management contract, the Commission must be 

immediately notified and a background investigation shall be conducted on the proposed person 

prior to any change. 

(c) In addition to the information requested in subsection (a), an application shall also request 

the following information; 

(1) The location of where a Management Contractor will operate a Gaming Operation 

or where a Primary Management Official or a Key Employee will be employed; 

and 

(2) If the applicant is a corporation, association, partnership or other group, the names 

and interests of any person having a direct or indirect financial interest in the 

business; and 

(3) Each applicant for a license who has or will have a contract with the Tribe to 

manage a Gaming Operation shall state whether or not applicant has a 

management contract to operate a Gaming Operation that competes for Patrons 

within the market area of the Gaming Operation, which shall be deemed to be the 

area within a 400 mile radius of the Gaming Operation; and 

(4) Each applicant for a license who has or will have a contract with the Tribe to 

manage a Gaming Operation shall file an organizational chart of its management 

organization; and 

(5) Such other information and details as the Commission may require in order to 

properly discharge its duties. 

(e) Each application shall be submitted to the person indicated on such application 

accompanied by payment of the appropriate non-refundable application fee as specified in 

Section 404. 

(f) The following notice shall be placed on the application form for a Key Employee or a 

Primary Management Official: 

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. 5 

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 (NIGC) 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's 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 result in errors in processing your application 

(g) The following notice shall be placed on the application form for a Key Employee, a 

Management Contractor, or a Primary Management Official: 

A false statement on any part of your license application may be grounds for 

denying a license or the suspension for revocation of a license. Also, you may be 

punished by fine or imprisonment (US. Code, title 18, section 1001). 

Section 404. License Fees. 

The Commission may charge a license fee, to be set by the Tribal Council, to cover the - 

expenses incurred in investigating and licensing Management Contractors, Key Employees and 

Primary Management Officials of the Gaming Operation. 

Section 405. Fingerprints. 

Each applicant for a license, including Management Contractors, Key Employees or 

Primary Management Officials and anyone else deemed necessary by the Tribal Council or the 

Commission, shall be required to submit fingerprints as part of the license application procedure. 

The Commission is hereby identified as the enforcement agency to take fingerprints. and The 

Commission shall forward the applicant's fingerprints to the NIGC for processing through the 

Federal Bureau of Investigation National Criminal Information Center for a criminal history 

check. Reports obtained from such fingerprint processing shall be incorporated into the 

applicant's license file. 
Section 406. Background Investigations. 

(a) Unless a tribal-state compact assigns responsibility to an entity other than the Tribe, the 

Commission is responsible for conducting background investigations and for making eligibility 

determinations for licensing Management Contractors, Primary Management Officials, and Key 

Employees. 

(b) The Commission shall request fiom each Management Contractor, from each Primary 

Management Official and fiom each Key Employee all of the following information: 

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

date, place of birth, citizenship, gender, all languages (spoken or written) 

(2) Currently and for previous 5 years: business and employment positions held, 

ownership interests in those businesses, business and residence addresses, and 

driver's license numbers; 

(3) The names and current addresses of at least 3 personal references, including one 

personal reference who was acquainted with the applicant during each period of 

residence listed under paragraph (b)(2) of this Section; 

(4) Current business, residence, and cell telephone numbers; 

(5) A description of any existing and previous business relationships with Indian 

tribes, including ownership interests in those businesses; 

(6) A description of any existing and previous business relationships with the gaming 

industry generally, including ownership interests in those 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 was an ongoing prosecution or a conviction 

within 10 years of the date of the application, the charge, the name and address of 

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

(9) For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations), within 10 years of the date of the application, 

the charge, the name and address of the court involved, and the date and 

disposition; 

(10) For each criminal charge (excluding minor traffic charges), whether or not there is 
a conviction, if such charge is within ten (10) years of the date of the application 

and is not otherwise listed pursuant to paragraphs @)(8) or @)(9) of this Section, 

the criminal charge, the name and address of the court involved, and the date and 

disposition; 

(1 1) The name and address of any licensing or regulatory agency with which the person 

has filed an application for an occupational license or permit, whether or not such 

license or permit was granted; 

(12) A photograph taken within the last year; 

(13) Any other relevant information the Tribe deems relevant; ana 

(14) Fingerprints consistent with procedures adopted by the Tribal Council according 

to 25 C.F.R. 5 522.2(h). 

(c) If in the course of a background investigation, the Commission discovers that the 

applicant has a notice of results on file with the NIGC from a prior investigation and the 

Commission has access to the earlier investigative materials (either through the NIGC or the 

previous tribal investigative body), the Commission may rely on those materials and update the 

investigation and investigative report under Section 409(a) herein. 

(d) In conducting a background investigation, the Commission, including its staff, shall keep 

confidential the identity of each person interviewed in the course of the investigation. 

Section 407. Eligibility Determination. 

(a) The Commission shall conduct an investigation sufficient to make an eligibility 

determination. To make a finding concerning the eligibility of a Management Contractor, Key 

Employee or Primary Management Official for granting of a gaming license, the Gaming 

Commission shall review a person's : 

(1) Prior activities; 

(2) Criminal record, if any; and 

(3) Reputation, habits and associations. 

@) If the Commission, in applying the standards adopted in (a) above, determines that 

licensing of the person poses a threat to the public interest or to the effective regulation of Class 

11 Gaming andfor Class III Gaming, as applicable, or creates or enhances dangers of unsuitable, 

unfair, or illegal practices and methods and activities in the conduct of Class II Gaming or Class 

111 Gaming, the Commission shall not license that person in a Management Contractor, Key 
Employee, or Primary Management Official position. 

Section 408. Report to the National Indian Gaming Commission. 

(a) When the Tribe employs a Management Contractor, Key Employee, or Primary 

Management Official, the Commission shall maintain a complete application file containing the 

information listed in Section 406(b)(l) through (14). 

(b) Before issuing a license to a Management Contractor, Key Employee, or Primary 

Management Official, the Commission shall create and maintain an investigative report on each 

background investigation. An investigative report shall include all of the following: 

(1) Steps taken in conducting a background investigation; 

(2) Results obtained, 

(3) Conclusions reached; and 

(4) The bases for those conclusions. 

(c) The Commission shall submit a notice of results of the applicant's background 

investigation to the NIGC no later than sixty (60) days after the applicant begins work. The 

notice of results shall contain: 

(1) Applicant's name, date of birth, and social security number; 

(2) Date on which applicant began or will begin work as Management Contractor, 

Primary Management Official, or Key Employee; 

(3) A summary of the information presented in the investigative report, which shall at 

a minimum include a listing of: 

(A) Licenses that have been previously 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 application; and 

(D) Every felony of which the applicant has been convicted or any ongoing 

prosecution. 

(4) A copy of the eligibility determination made under Section 407 herein. 
(d) After the Commission has provided a notice of results of the background check to the 

NIGC, the Commission may license a Management Contractor, Key Employee, or Primary 

Management Official. Within thirty (30) days after the issuance of the license, the Commission 

shall notify the NIGC of its issuance. 

(e) The Gaming Operation shall not employ as a Management Contractor, Key Employee or 

Primary Management Official a person who does not have a license after ninety (90) days. 

(f) If the Commission does not license an applicant, the Commission shall 

(1) Notify the Commission; and 

(2) Forward copies of its eligibility determination and notice of results, under 

Subsection (c)(3) herein, to the NIGC for inclusion in the Indian Gaming 

Individuals Record System. 

(g) With respect to all employees and in particular Management Contractors, Key Employees 

and Primary Management Officials, the Commission shall retain the following for inspection by 

the Chair of the NIGC or his or her designee for no less than three (3) years fiom the date of 

termination of employment: 

(1) Application for licensing; 

(2) Investigative reports; and 

(3) Eligibility determinations. 

Section 409. Review of Notice of Results for Applicants 

(a) Upon receipt of a complete notice of results for a Management Contractor, Key 

Employee, or Primary Management Official as required by Section 408 herein, the 

ChairmanIChainvoman of the NIGC has thirty (30) days to request additional information fiom 

the Commission concerning the applicant or licensee and to object. 

(b) If the NIGC has no objection to issuance of a license, it shall notify the Commission 

within thirty (30) days of receiving notice of results pursuant to Section herein. 

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

with a statement itemizing objections to the issuance of a license to a Management Contractor, 

Key Employee or to a Primary Management Official for whom the Commission has provided a 

notice of results, the Commission shall reconsider the application, taking into account the 

objections itemized by the NIGC. The Commission, in consultation with the Tribal Council shall 

make the final decision whether to issue a license to such applicant. 
Section 410. Notice of Information Impacting Eligibility and Licensee's Right to a Hearing. 

(a) If, after the issuance of a gaming license, the Commission receives from the NIGC 

reliable information including that a Management Contractor, Key Employee or a Primary 

Management Official is not eligible for employment, the Commission shall suspend such license 

and shall notify in writing the license of the suspension and the proposed revocation. 

(b) The shall notify the licensee of a time and a place for a hearing on the proposed 

revocation of a license. 

(c) After a revocation hearing, the Commission shall decide to revoke or to reinstate a 

gaming license. The Commission shall notify the NIGC of its decision. 

Section 411. Submission of Notices to the NIGC. 

(a) All notices to the NIGC shall be provided to the NIGC through the appropriate Regional 

office. 

(b) The Commission can determine the method of transmitting the notices to the Regional 

office. I f the Commission determines to submit notices electronicallv. . it shall contact the . 

appropriate Regional office for guidance on acceptable document formats and means of 

transmission. 

CHAPTER 5 

PATRON DISPUTES 

Section 501. Patron Disputes. 

(a) Any Patron who has any dispute, disagreement, or other grievance with a Gaming 

Operation that involves currency, tokens, coins, or any other thing of value, may seek resolution 

of such dispute from the following persons and in the following order: 

(1) A member of the staff relevant to the Gaming Operation; 

(2) The supervisor in the area of the relevant gaming operation in which the dispute 

arose; 

(3) The manager of the relevant Gaming Operation; and 

(4) The Commission. 

(b) At each level, if the dispute remains unresolved, the Patron shall be informed of the right 

to take the dispute to the next higher level as noted above. 
(c) Resolution of any dispute by the personnel of a Gaming Operation shall always involve 

two or more staff members. 

(d) All disputes, whether resolved or not, shall be reported in detail by the staff persons 

involved to their supervisor. 

(e) Any Patron who has any dispute, disagreement, or other grievance with a Gaming 

Operation that does not involve currency, tokens, coins, or any other thing of value, may seek 

resolution of such dispute with the management of the Gaming Operation. The decision of 

management of the Gaming Operation is final. 

Section 502. Right to Petition to the Commission. 

(a) If a Patron's dispute with a Gaming Operation that involves currency, tokens, coins, or 

any other thing of value remains unresolved after consideration by the manager of the relevant 

Gaming Operation, the Patron may file a petition for relief with the Commission. The complaint 

must be submitted to the Commission within thirty (30) days of the incident giving rise to the 

complaint. The Patron's written submission must contain (1) a factual description of the dispute, 

(2) a statement as to the relief sought by the Patron, (3) an explanation of the Patron's efforts to 

resolve the matter with Facility staff and management, and (4) the Patron's contact information. 

(b) The Commission shall schedule the hearing within 30 days of receipt of the Patron's 

complaint but shall have the discretion to continue the hearing for good cause shown. Petitioner 

may have counsel present at such hearing, and at the discretion of the Commission, the Patron 

may be allowed to present evidence. The Commission shall render a written decision in a timely 

fashion, and all such decisions will be final when issued. The Commission's decision shall 

constitute the Patron's final remedy. 

(c) All claims by Patrons shall be limited to a maximum recovery of $50,000.00 per 

occurrence, and a cumulative limit of $100,000.00 per Patron in any twelve (12) month period, 

except disputes relating to a Patron's entitlement to a game prize, which shall be limited to the 

amount of such prize. 

CHAPTER 6 

MISCELLANEOUS PROVISIONS 

Section 601. Applicable law. 

All controversies arising under this Ordinance or otherwise relating to gaming on the 

Tribe's Indian Lands. shall be resolved in accordance with the laws of the Tribe. 
Section 602. Indian Lands. 

All lands proclaimed on April 2,2007, pursuant to the authorities granted by the Indian 

Reorganization Act to be the reservation of the Jena Band of Choctaw Indians (72 Fed. Reg. 

1571 1) are Indian Lands eligible for gaming, 

Section 603. Agent for Service of Process. 

The Tribe hereby designates the Tribal Chief as agent for service of process, who may be 

contacted at: 1052 Chanaha Hina Street, Trout, Louisiana 71371. 

Section 604. Tribal Access to Financial Information. 

A copy of the Gaming Operation's annual audit will be made available for review, upon 

request, to enrolled Tribal members. 

Section 605. Consent to Jurisdiction. 

Any person who applies for a license under this Ordinance, applies for employment in 

any Gaming Operation, enters into any contract or agreement related to gaming, or participates in 

any gaming on the Tribe's Indian Lands, shall be deemed to consent to the civil jurisdiction of 

the Tribe and the Commission. Nothing in this Section shall limit the jurisdiction of the Tribe or 

the Commission under any circumstances not explicitly contemplated in this Section. 

Section 606. Savings Provision. 

If any provision of this Ordinance or the application thereof to any person or 

circumstance is held invalid, the invalidity shall not effect other provisions or application of the 

Ordinance that can be given effect without the invalid provision or application, and to this end, 

the provisions of this Ordinance are severable. 

Section 607. Sovereign Immunity. 

The Tribal Gaming Commission is an instrumentality of the Jena Band of Choctaw 

Indians, a federally recognized Indian tribe. Accordingly, the Commission shares the same 

sovereign immunity from unconsented suit as the Tribe. That immunity may be waived by the 

Tribal Council upon a recommendation of the Commission setting forth the reason for and the 

scope of the proposed waiver. The Tribal Council may approve that waiver, with or without 

modifications, or it may deny such recommendation. Any recommendation by the Commission 

for a waiver and a decision of the Tribal Council on that recommendation shall be made within 

fifteen (1 5) days of the filing of a petition authorized by this Ordinance. 
Section 608. Amendment. 

Any amendment to this Ordinance shall be submitted to the NIGC for approval within 

fifteen (15) days after adoption. 

Section 609. Effective Date. 

This Ordinance shall be effective on the date of enactment and adoption by the Tribal 

Council. 

Section 610. Repeal. 

To the extent that they are inconsistent with this Ordinance, all prior gaming ordinances 

are hereby repealed.