NP 89232

* (Amended) *

RESOLUTION

WHEREAS, the Nez Perce Tribal Executive Committee has been empowered

to act for and in behalf of the Nez Perce Tribe, pursuant to the

Revised Constitution and ByLaws, 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, the Nez Perce Tribe is a sovereign nation with the powers

and sovereign rights of tribal governments to regulate

activities and enforce laws on Indian lands; and

WHEREAS, the Nez Perce Tribe retains all rights that were not

expressly relinquished including rights to regulate gaining

on Indian lands; and

WHEREAS, the Nez Perce Tribe recognizes the need to cooperate and

determine uniform public policies to accommodate tht United

Statesand other sovereignties that may be affected so that

a uniform regulatory and jurisdictional pattern can be

maintained to foster consistency and uniformity; and

WHEREAS, the Nez Perce Tribe wishes to be clearly and complett~ly

selfregulated to the maximum extent possible and control

gaming within its reservation and jurisdictional lands; and

WHEREAS, the Nez Perce Tribe wishes to foster a spirit of cooperation

with Federal and State officials in the regulation of all

types of gaining to insure that any gaming is conducted for

the general entertainment of all persons desiring to play in

a fair, honest, open and enjoyable manner for recreation and

enj oyinent.

NOW, THEREFORE, :BE IT RESOLVED, that the Nez Perce Tribal Executive

Committee acting pursuant to a regularly held meeting, does

hereby enact the following resolution:

1. TITLE

This law shall be cited as the Nez Perce Gaming Act of 1989.

2. PURPOSE

This law is enacted to:

2.01 Regulate all forms of permissible and authorized gaming

within the jurisdiction of the Nez Perce Tribe of Indians.

2.02 Safeguard all persons from unscrupulous and ill~gal

operations of any type of gaming.
NP 89232

* (Amended) *

2.03 Protect all persons from any infiltration of organized

crime into any gaining operation within the jurisdiction.

2.04 Provide for tribal audit system on all gaming. operations.

2.05 Provide that the tribe will have primary regulatory

authority over all forms of gaining on the Nez Perce Reservation

subject only to applicable federal law.

2.06 Provide for a system of investigations of all persons

associated with gaining.

2.07 Provide a system of licensing for any gaming activities

subject to the provisions of this Act that occur within the Nez Perce

Reservation.

2.08 To provide revenues for the operation of the tribal

government.

2.09 To allow the tribal government to use the revenues

generated for tribal self determination, to generate value on th~

reservation, to provide additional tribal services, t~rnployment for

tribal menthers and for general economic development and individual

selfsufficiency of reservation members.

2.10 To harmonize with and. adhere as much as possible to the

Indian Gaming Regulatory Act, Public Law 100-497 102 Stat. 246788.

26 U.S.C. Sections 2701-21 as enacted by the U.S. Congress on October

17, 1988.

2.11 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.

2.12 To establish a commission within the tribal organization

to oversee and regulated gaming consistent with this ordinance and

within the precepts established by the Nez Perce Tribal Executive

Committee.

3. DEFINITIONS

3.01 BINGO means a game, 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, ar~

drawn or electronically determined, and

Cc) in which the game is won by the first person covering a

previously designated arrangement of numbers or designations on such
NP 89232

*(~eflded)*

cards, including (if played in same location) pulltabs, lotto, punch

boards, tip jars, instant-bingo, and other gaines similar to bingo.

3.02 FISHING~ DERBY means a fishing contest, with or without the

payment or giving bf 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.

3.03 FUND RAISING EVENT means a fund raising event sponsored by

a bona fide religious, charitable or nonprofit organization at which

gaining activities will be conducted under the authority and

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

the 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.

3.04 GAMING means those activities defined in Section 4.

3.05 PLAYER means a natural person who engages, on equal terms

with the other participants, and solely as a contestant or better, 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.

3.06 LICENSE and variations of that word such as licenses and

licensed, unless otherwise defined herein and as indicated by the

context, means either (a) the authority granted by the Nez Perce

Tribe to engage in gaming under this Act as evidenced by a formal

document executed~by tribal officials, or (b) the formal document

evidencing authority granted by the Nez Perce Tribe to engage in

gaming under this Act.

3.07 LICENSEE means a person, organization or entity authorized

by the Nez Perce Tribe pursuant to this Act to operate a gaming

activity on the Nez Perce Reservation.

3.08 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.

3.09 OPERATOR means any person, organization or entity that

operates any gaming activity that is subject to regulation under this

Act, on the Nez Perce Reservation.

4. CERTAIN GAMBLING ACTIVITIES AUTHORIZED

4.01 CLASS I GAMING is defined as social games solely for prize

of minimal value or traditional forms of Indian gaining engaged in by
NP 89232

*(~ended)*

individuals as a 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 su~bject to the

provisions of this Act.

4.02 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)

(i) which is played for prizes, including monetary prizes,

with cards bearing numbers or other designations,

and

(ii) in which the holder of the card covers such numbers or

designations with objects, similarly numbered or designated, are

drawn or electronically determined, and

(iii) in which the game is won by the first person covering a

previously designated arrangement of numbers or designations on such

cards, including, (if played in the same location) pulltabs, lotto,

punch boards, tip jars, instant bingo, and other games similar to

bingo, and

(b) card gaines that -

-

(i) are explicitly authorized by the laws of the State of

Idaho, or

(ii) 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 regarding hours or periods of optration 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. Sections 2701 -

2718, 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 gaining activities on behalf of a 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. Sections 2701 2718.
NP 89232

*(~n~ended)*

4.03 CLASS III GAMING means all forms of gaming that are not

Class I or Class II gaining.

(a) The Nez Perce Tribal Executive Committee hereby reserves

the right to later enact authorization of Classill gaining as defined

herein upon proper compliance with the Class III gaming requirements

of the National Indian Gaming Regulatory Act, 25 U.S.C. SS 2701

2718.

5. GAMING PROHIBITED

5.01 All gaining 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, ar~ unlawful

and prohibited.

6. NEZ PERCE TRIBAL GAMING COMMISSION ESTABLISHED

A commission known as the N~z Perce Tribal Gaming

Commission is hereby established consisting of five enrolled members

of the Nez Perce Tribe appointed by the Nez Perce Tribal Executive

Committee. The length of each appointment shall be determined by the

Executive Committee at the time of the appointment. Any vacancy

shall be filled by the Executive Committee within thirty days from

which date the vacancy occurs.

7. POWERS AND DUTIES OF THE COMMISSION

7.01 The Commission Shall:

(a) Oversee and regulate the gambling activities authorized by

this chapter. Such power includes the power to inspect premises.

(b) Safeguard the morals of the Nez Perce Indian people and

keep community peace by regulating by civil fines and/or civil

prosecution of violations of this chapter.

(c) Issue licenses when such are required by this Chapter, and

also to deny or revoke such licenses when it is deemed to be in the

public interest.

(d) Formulate and promulgate rules and regulations which shall

govern in detail the issuance of licenses, the amount of the lictnse

fee, the conduct of the authorized gambling activities, and th~

revocation of licenses.

(e) Insure the proper record keeping regarding gambling of

all, namely licensees, persons, associations, organizations and the

Nez Perce Tribe of Indians.

(f) Cause of review of all the records of all the above

licensees at least annually.
NP 89232

* (Amended) *

(g) Cause annual outside audits of all gaming activities on

the Nez Perce Reservation..to be conducted and submitted to the

National Indian Gaining Commission specifically including all

contracts for supplies, services or concessions having a contract

amount in excess of $25,000.00

(g) Insure that facilities where gaming occurs are properly

constructed and maintained and that the operation of the game is

conduced in a manner which adequately protects the environment and

the public health and safety.

8. GENERAL REQUIREMENTS FOR GAMING

8.01 An investigation of each employee or operator, including

owners of an operating entity as defined at 8.13, prior to beginning

work, shall be required to apply to the Commission for a

determination that he or she:

(a) has committed no felony or gambling offense in any

jurisdiction;

and

(b) has no prior activities, reputation, habits, or

associations affecting his/her 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

(C) has no present interest in the conduct of any gaming

business.

(d) The determination shall be confidential unless otherwise

required for purposes of the tribal Personnel Po1ici~s and Procedures

or the requirements of federal law or regulation.

8.02 The employee or contractor shall follow tht 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.

8.03 In addition to any provisions of the Tribal Personnel Code

which may be applicable, any employee or operator shall be required

to comply with the provisions of this law, the provisions of his

contract with the Tribe, if any, and the provisions of applicabl~

federal law.

8.04 Any entity which contracts with a tribal gaming operation,

shall be required to submit to a determination as required in Section

8.01. No such contract will be valid until it is approved by the

Commission an the Secretary of the Interior as is necessary under

federal law.

8.05 Tribally operated gaming shall be held in compliance with

this law.
NP 89232

* (Amendd) *

8.06 Operators, or employees in charge of tribally operated

gaining shall report quar–erly to the Commission on the result of an

outside audit of the operation, and the results of any contract for

service or supplies.

8.07 Any operator or employee of the tribal gaining operation

shall deposit the proceeds of the gaming operation according to

applicable federal and tribal law.

8.08 Any operator or employee may request the assistance of the

Commission in obtaining training or instruction for the benefit of

the tribal gaining operation as well as in determining the proper

meaning of this law.

8.09 The commission may require that any operator or employee

of a tribal gaming operation be bonded in a particular amount.

8.10 The Commission may recommend to the Nez Perce Tribal

Executive Committee that a particular type of tribal gaining 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 for licenses under

this Section 8 of this law, provided that a proposed manager n~~d not

be a tribal member. Sole Tribal approval of all management contracts

shall remain with the Nez Perce Tribal Executivt~ Committee.

8.11 All tribal gaming operations are subject to monitoring and

inspection by the Commission or agents of the Commission.

8.12 It is the intent of this Resolution to obtain a

Certificate of Self-Regulation from the National Indian Gaming

Commission as established by Public Law 100-497, 25 U.S.C. Section

2704. 102 Stat. 2469 et. seq. To the extent necessary to obtain a

Certificate of SelfRegulation, the Nez Perce Tribal Gaming

Commission is delegated the power and authority to conform the tribal

bingo operations to Public Law 100-497 and the Commission regulation

when promulgated. A copy of this Resolution shall also be forwarded

to the appropriate Federal authorities to obtain a Certificate of

SelfRegulation as soon as possible. The Commission shall issue

regulations, which will control:

(a) The possession of firearms by operators or employees. No

other firearms or weapons of any kind shall be allowed on gaming

premises.

(b) The security requirements for the operations.

(c) The posting of rules of play.

(d) The maximum limit, if any, which may be offered as a prize.

(e) Rules for the conduct of the games, should the Commission

deem that such rules are necessary for the proper conduct of gaming.
NP 89232

* (Amended) *

(f) Any other regulations controlling the operation which is

deemed necessary by the Commission or the Council.

8.13 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 percent (10%) or more of the stock of a corporation or like

interest in profits or capital of any other business entity.

8.14 The net revenues realized from any tribal gaming shall be

used only

(a) to fund tribal government operations or programs;

(b) to provide for the general welfare of the Nez Perce Tribe

and its members;

(c) to promote tribal economic development;

(d) to donate to charitable organization; or

(e) to help fund operations of local governmental agencies.

8.15 Each affected person covered in 8.13 above must apply for

a license to the Coirunission giving the name; address; any felonies;

violations of any kind whatsoever relating to the gaining, fraud or

illegal practices; social security number; previous gaming

experience; fingerprints; and any and all other reasonable

requirements as may be determined by the Commission.

8.16 The Commission shall determine whether or not to issue the

license within 60 days after application.

8.17 A license shall be valid for not more than on~ year and

shall be renewed in the same manner as the original application.

8.18 The Commission may charge a fee not in excess of $50.00

for each application of renewal.

8.19 The members of the Commission shall be reimbursed for out

of pocket expenses and shall be allowed per diems which have received

the prior approval of the Nez Perce Tribal Executive Committee. Nez

Perce Tribal Executive Committee shall establish Commission members

salaries provided such payments shall come out of the license fees or

the net proceeds of the gambling activities of the Nez Perce Tribe of

Indians.

8.20 Prohibits members of the Gaming Commission and Nez Perce

Tribal Executive Committee from participating in bingo gaines.

9. APPEAL FROM DECISIONS OF THE COMMISSION
NP 89232

* (Amended) *

If the CommiØsion denies a person a license, or if the

Commission revokes a Jice~se which was previously granted, the

Commission shall do so in writing, outlining the reasons for such

decision. If a person-considers himself or herself aggrieved by such

a decisions, he or she may appeal to the Nez Perc~ Tribal Court

within thirty days of the date of written denial. The appeal shall

be only on the record, and shall not be heard de novo. If the Court

finds that the order of the Board 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. Sections 1301-1303), made upon unlawful

procedure of some other clear error of law, the Court shall vacate

the same and remand the issuance or reissuance of a lic~~nse.

Otherwise, the denial shall be upheld.

10. INSPECTION OF PREMISES

10.1 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:

(a) 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 they are usually open;

(b) or if the items or records to be inspected or audited are

not located upon a premises set out in subsection (1) above, then any

time between the hours of 8:00 a.m. and 9:00 p.m., Monday through

Friday.

10.2 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

information as required in order to determine whether such activities

comply with the purposes of this Chapter.

11. CIVIL PENALTIES FOR VIOLATIONS

11.1 Any person who shall violate any provisions of this

Chapter 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 all of th~

following civil remedies:

(a) a letter or reprimand.

(b) a civil fine of $500.00 per occurrence per day and

(C) revocation of license.
NP 89232

* (Axnend~d) *

(d) a civil injunction against continuedviolations of this

Chapter.

(e) exclusion from the Nez Perce Reservation in conformity

with the Nez Perce Tribal Law and Order Codes.

12. EXCLUSION OF INDIVIDUALS FROM GAMING ACTIVITIES

12.1 Any operator shall have the authority and discretion to

exclude from gaming activitiesor gaining facilities, any individual who

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

(b) Appears to be losing an unreasonable amount of money at

gaming activities:;

(C) Appears to be violating rules or regulations governing

gaining activities as established by the Commission or operatoL;

(d) By virtue of his condition or activities, disturbs the

peaceful participation of other individuals in gaming activities or

disrupts the orderly conduct of the gaining activity.

12.2 An operator may make reasonable inquiries of individuals

in the course of determining whether any of the activities dtfined in

paragraph (a) above are occurring.

12.3 An operator who excludes any individual pursuant to this

section shall not incur any liability, criminal or civil, as a result

of doing so.

12.4 Any person who is excluded from gaining 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 and shall have the

authority to enact such rules as may be necessary regarding the

procedures for acting upon any such petition. The Commission shall

further have discretion to impose such conditions as they deem

appropriate in issuing any order lifting an exclusion.

13. TAXATION OF GAMING

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 incensing

relating to gaming allowed by this Resolution.

14. DISPENSATION OF FOOD AND BEVERAGES

Regulation of the wholesale, retail, serving and 1ic~nsing of,

or the dispensation of any and all kinds of beverages, spiritous or

otherwise, and the serving of all kinds and types of food at gaming

premises is hereby vested in the Nez Perce Tribal Gaming Commission.
NP 89232

* (Amended) *

The Commission shall promulgate reasonable regulations governing

these matters. -

15. SEVERABILITY

If any clause, provision or section of this resolution shall be

ruled invalid or unenforceable by any count 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 Resolution. Until such final

order is entered and review exhausted, th questioned provisions

shall be absen~ and enforceable injunction to the contrary, in full

force and effect.

16. AMENDMENT

Except as provided in 8.12 , all powers of amendment are

retained by the Nez Perce Tribal Executive Committee.

17. SOVEREIGNTY

The Nez Perce Tribal Executive Committee acting for the Nez

Perce Tribe of Indians 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.

CERTIFICATION

The foregoing resolution was duly adopted by the N~z P~rc~. TLibal

Executive Committee meeting in Special Session, October 16, 1990,

in the Richard A. Halfmoon Council Chambers, Lapwai, Idaho a

quorum of its Members being present and voting.

~cretary

ATTEST:

prZCharles

~

H. Hayes,

~

C1~&arman APPROVED PURSUANT TO DELEGATION

U OF AUThORITY.

Acting Superinten n

Northern Idaho Agency

October 16, 1990
UVI3/95 15:54 ~12US811~377 N? LE~iAL COUNSEL ~?JOU3

r &

-

Superintendent, Northern Idaho Agency

Nez Perce Resolutions No. 95102 and 95103

Portland Aria Director

Attention: Tribal Government Services

Nez Perce Resolution 9 5102 adopts the attached Memorandum of

Understanding (MOU) which establishes the procedures for

conducting criminal History Record Information (CHRI) for

employees applying for management and key employee positions

with the Tribes gaming enterprises.

Nez Perce Resolution approves the attached amendments to the

exising Gaming Ordinance. These amendments are now known as,

1995 Gaming Ordinance Amendments.

We have reviewed these Procedures and Amendments and find they

trc ;cr; thqrcz;~i ;:t;~ t&t;Lste. fly aJa~c9a~aVfl uZ aucaurity,

we hereby APPROVE this action taken by the Tribe.

Attachment

cc:

Tribe w/resol.

Agency Master w/resol.

Branch Subject w/resol. Law Enforcement, NIA, w/resol.

Branch chrono

Agency Chrono

CJGREENE/gjg 2-995
02/13/95 ~ NP LEGAL COUNSEL (~IO12

SUP!.

ADM. OFC _____________-

ROUTE- !~~ 0 ~tEVVED R~SP. REQUIREDI DUEDATE I NP 9510:3

COMMENTS

3 5Cj

R E S

WHEREAS, the Nez Perce Tri~al Łu~.~e Committee has been

empowered to act for and in behalf of the Nez Perca Tribe, pursuant

to the Revised Constitution and fly-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, the Nez Perce Tribal Executive Committee (NPTEC) is

committed to expanding its enterprise operations to include an

effort to begin gaming operations by the Nez Perce Tribe; and

WHEREAS, two prior resolutions were certified by NPTEC setting

forth provisions regulating gaming activity by any entity within

the jurisdiction of the Nez Perce Tribe (See NP 89-232 (Amended)

and NP 94-99); and

WHEREAS, the National Indian Gaming Commission has reviewed these

two resolutions and has determined that additional provisions are

required prior to NIGC approval, of the Tribes Gaming Regulations

arid prior to their required publishing in the Code of Federal

Regulations;

NOW, THEREFORE, BE IT RESOLVED that the following provisions shall

be read in conjunction with the two prior resolutions setting forth

the regulatory scheme for gaming activity; and

BE IT FURTHER RESOLVED that where the provisions of this resolution

conflict with those set forth in prior resolutions, the provisions

set forth herein shall supersede those prior provisions;

BE IT FURTHER RESOLVED that the following provisions shall hereby

apply to any gaming activity conducted under the jurisdiction of

the Nez Parce Tribe and shall be referred to as the 1995 Gaming

Ordinance Amendments:

I. Definitions I

A. Icey exnbloyee means 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; any other person whose

total cash compensation is in excess of $50,000 per year; the four

most highly compensated persons in the gaming operation.

B. NIGC means the National Indian Gaming Conunission.

1995 GAMING ORDINANCE AMENDMENTS - 1
02/13/95 15:59 t12088 77 NP LEGAL COUNSEL ~013

C. N~t revenue means gross gaining receipts of a gaming

operation minus amounts paid out as, or paid for, prizes; and total

gaming-related operating expenses, excluding management fees.

1). Primary -

management off icjfl means the person having

management responsibility for a management contract; or any person

who has authority to hire and fire employees; or to set up working

policy for the gaming operation; or the chief financial officer or

other person who has financial management responsibility.

E. Tribe means the Nez Perce Tribe.

II. QwnershiD of Garnjn~ and Use of Gaming Rayenue

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;

a. Pay to the Nez Perce Tribe not less than 60

percent of the individually owned operations net

revenuis, to be used only for the purposes set forth

below;:

b. Pay an assessment to the National Indian Gaming

Commission as set forth in 25 CFR § 514.1;

c. 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.

D. If the Tribe elects to make per capita payments to tribal

1995 GAMING ORDINANCE AMENDMENTS - 2
02/13/95 15:59 t~12088 77 NP LEGAL COUNSEL I~014

members, it shall authorize such payments only upon approval of a

plan submitted tO the Secretary of the Interior under 25 U.S.C. §

27l0(b)(3).

XXI. ~ev EmnloyØes and Primary Management Officials

A. 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:

In complianäe 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 Gaining 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 tribes being unable to hire you in a

primary management official or key employee position.

The disclosure of your Social Security Number (SSN) is

voluntary. However, failure to supply a SSN may result in

errors in processing your application.

B. Existing key employees and primary management officials

shall be notified in writing that they shall either;

1. 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.

C. 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.

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D. The Tribe 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.

IV. Backgrpu~d Invest aatioq~

A. The Tribe shall require from each key employee and from

each primary management official all of the following information:

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

security ni.unber(s), birth date, place of birth, citizenship,

gender, al]. languages (spoken or written);

2. Currently and for the 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 three

personal references, including one personal reference who was

acquainted with the applicant during each period of residence

addresses, and drivers license numbers;

4. Current business and residence telephone numbers;

5. A description of any existing and previous business

relationstu.ps with the gaming industry generally, including

ownership interests in those businesses;

6. 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 gaining, whether or not such

license or permit was granted;

7. 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;

8. 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;

9. 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

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(IV.A.7. or IV.A.8. of this section, the criminal charge, the

name and address of the court involved and the date and

disposition;

10. 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;

11. A current photograph;

12. Any other information the Tribe deems relevant;

13. Fingerprints consistent with procedures adopted by

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

B. The Tribe shall conduct an investigation sufficient to

make a determination under subsection IV.C. below. 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.

C. Eligibility Determination. The Tribe shall review a

persons prior activities, criminal record, if any, and reputation,

habits and associations to make a finding concerning the

eligibility of a key employee or primary management official for

employment ifl a gaming operation. If the Tribe determines that

employment of the person poses a threat to the ptthlic interest or

to the effective regulation of gaming, or creates or enhances

dangers of unsuitaile, unfair, or illegal practices and methods and

activities in the conduct of gaming, a tribal gaining operation

shall not employ that person in a key employee or primary

management position.

D. The Tribe shall follow the following procedures when

forwarding applications and reports for koy 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 a completed

application for employment and conduct the backgroixnd

investigation and make the determination referred to in

subsection tV.C. above.

2. The Tribe shall forward the report referred to in

su.bsection IV.E. 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

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employee or~ a primary management official a person who does

not have a license after 90 days.

E. Report to the 141CC. Pursuant to the procedures set forth

in subsection IV.D., the Tribe shall forward to NIGC an

investigative report on each background investigation.

1. An investigative report shall include all of the

following:

a. Steps taken in conducting a background

investigation;

b~ Results obtained;

c. Conclusions reached; and

d. The basis for thO5e conclusions.

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

the eligibility determination made under subsection IV C.

3. If! a license is not issued to the applicant by the

Tribe, the Tribe:

a~. Sh~ll notify NIGC; and

b~ ~May forward copies of its eligibility

determinati9n and investigative report (if any) to NICC

for inclusipn in the Indian Gaming Individuals Records

System.

4. With respect to key employees and primary management

officials, the Tribe 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.

V. Issuance of darning Licenses

A. Response from NIOC.

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

receives & report, the NIGC notifies the Tribe that it has no

objection to the issuance of a license by the Tribe to the

individual for whom the Tribe has provided an application and

investigative report to the NIGC, the Tribe may issue a

license to such applicant.

2. The Tribe shall respond to a request for additional

information from the Chairman of the NIGC concerning a key

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employee or~ a primary management official who is the subject

o a report.: Such a request shall suspend the 30-day period

under the preceding paragraph until the Chairman of NIGC

receives the additional information.

3. 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 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.

B. License: Suspension.

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

receives from the NIGC reliable information indicating that a

key employee or a primary management official is not eligible

for employment, the Tribe shall suspend such license and shall

notify in writing the licensee of the suspension and the

proposed revocation.

2. The Tribe shall notify the licensee of a time and a

place for a hearing on the proposed revocation of a license.

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

revoke or reinstate a gaming license. The Tribe shall notify

the NIGC of its decision.

VI. License Locations The Tribe shall issue a separate license

to each place, facility, or location on Indian lands where any

gaining is conducted under this ordinance.

VII. Dispute Resolution Proceps

A. The Nez Perce Tribal Gaming Commission, as established in

N? 89232 (Amended) §4.03 (5.) 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 applicants, licensees, or the gaming public.

B. Any person having a dispute with the Tribe or any Gaming

Operator or Management Company licensed by the Tribe may request a

hearing with ttie Nez Perce Tribal Gaming Commission. Such a

hearing shall be held within thirty (30) days of receipt of a

written request from the grievant. A decision shall be issued at

the hearing or within two (2) weeks of the hearing.

C. If the grievant is dissatisfied with the decision issued

by the Nez Perce Tribal Gaming Commission, he or she may appeal to

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02/13/95 16:02

the Nez Perce Tribal Court within thirty (30) clays of the issuance

of the wrijtten decision from the Nez Perce Tribal Gaming

Commission. The~ appeal shall be only on the record and shall not

be heard d~ novó. If the Court finds that the order of the Nez

Perce Tribal 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 Indiana (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 Tribal Gaming Commission shall be upheld.

CERTIFICATION

The foregoing resolution was duly adopted by the Nez Perce Tribal

executive Committee meeting in Regular Session, December 1~, 1~

1994, in the Richard A. Haifmoon Council Chambers, Lapwai, Idaho,

a quorum of its members being present and voting.

Attest:

C aries H. Hayes, Chairi~n~

1995 GAMING ORDINANCE AMENDX~NTS - 8

By:~~3 ~ renda L. White, Se retàry

I Of

Northern Idaho