DEC 2 4 IS96 

Honorable Leon Campbell 

Chairman, Iowa Tribe of Kansas and Nebraska 

Route 1, Box 58A 

White Cloud, Kansas 66094-9624 

Dear Chairman Campbell: 

This letter responds to your request to review and approve the tribal gaming ordinance, 

Resolution No. 95-R-29, adopted on December 13, 1995, by the Iowa Tribe of Kansas and 

Nebraska (Tribe). This letter constitutes approval of the both ordinances with the 

amendments under the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming Commission WGC), the 

Chairman is directed to review ordinances with respect to the requirements of the IGRA 

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

is limited to the requirements of the IGRA and the NIGC regulations. Provisions other 

than those required under the IGRA or the NIGC regulations that may be included in a tribal 

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

approval of specific games. It is important to note that the gaming ordinance is approved 

for gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming ordinances, the Tribe is now required 

to conduct background investigations on its key employees and primary management officials. 

The NIGC expects to receive a completed application for each key employee and primary 

management official pursuant to 25 C.F.R. fj 556.5(a) and an investigative report on each 

background investigation before issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. 8 556.5@). 

Thank. you for submitting the ordinance of the Iowa Tribe of Kansas and Nebraska for review 

and approval. The NIGC staff and I look forward to working with you and the Tribe in 

implementing the IGRA. 

Sincerely yours, 

1441 L STREET, N.W. 9TH ROOR WASHINGTON, D.C. 20005 EL: 202-632-7003 FAX: 202-632-7066 
WHEREAS, 

WHEREAS, 

RESOLUTION 95-R-2 9 

IOWA TRIBE OF KANSAS AND NEBRASKA 

EXECUTIVE CCBMITTEE 

DECEMBER 13, 1995 

The Iowa Executive Codttee being duly organized 

lnet in Regular Session thia 13th day of December, 

1995; and, 

The Iowa Executive Committee ha8 authority to act 

for the Iowa Tribe under the present Conatitutional authority as provided in Sec. 2, Article N - 

Governing Bodiea; and, 

The Iowa Tribe of Kansas and Nebraska being organized and empowered by their Constitution and 

Bylaws, (approved November 6, 1978); and, 

Claas I1 and Class 111 Gaming as defined in the 

Indian Gaming Regulatory Act, P.L. 100-447, 25 

U.S.C. Section 2703 (7) (A) and 25 U.S.C. Section 

2703 (8) (hereinafter "IGRAw) and by the regulations 

promulgated by the Hational Indian Gaming Commission at 25 C.F.R. Section 502.3 and 25 C.F.R. 

Section 502.4 (as published in the Federal 

Regiater at 57 FR 12382-12393, April 9, 1992) are 

hereby authorized; and, 

The Executive Committee doe8 by this Resolution 

promulgate and enact the attached Claas I1 and 

Claaa 111 Gaming Ordinance, and further within 

aaid Ordinance does hereby establish the guidelines, procedures and eligibility requiremetnta 

for Class 11 and Class XI1 Gaming personnel, 

See Attachment; and, 

Adoption of thia Resolution causes Resolution 

93-R-34 to be rescinded; and, 
.*, ;' . ;.. . . . 

. . 

RESOLOTION 95-R-29 

DECEMBER 13, 1995 

PAGE 2 

NOW THEREFORE BE IT RESOLVED, that the foregoing 

~esolution/Ordinance is hereby adopted this date. 

------------- CERTIFICATION 

The foregoing Resolution was duly adopted this date, December 13, 

1995, in a Regular Session of the Executive Committee, at which5 

members of the Executive Committee were present, constituting a 

quorum, by a vote of for, - G against. Chairman 

abstained. 

Iowa ~xecutive~~ommittee 

ATTEST : 

hw BLPKcLG, 

Louis DeRoin, Secretary 

Iowa Executive committee 
CERTIFICATE OF AUTHENTICITY OF CLASS II AND Ill 

GAMING 0RDIN:ANCE OF THE IOWA TRIBE OF KANSAS & NEBRASKA 

The undersigned, the duly elected and acting Secretary of the lowa Tribe of 

Kansas and Nebraska, hereby certifies the attached copy of the lowa Tribe of 

Kansas and Nebraska Class II and Ill Gaming Ordinance adopted by Resolution on 

December 13, 1995 is authentic, true and correct. The undersigned further 

certifies that the said Class I1 and Ill Gaming Ordinance is in full force and effect 

and has not been modified, supplemented or amended. 

Dated this 18th day of September, 1996. 

Louis DeRoin, Secretary 

STATEOF <cnsq5 1 

1 ss: 

COUNTY OF arowh 1 

BE IT REMEMBERED, that on this khday of P~ , 1996, before 

me, the undersigned, a Notary Public, in and for the and State aforesaid, 

came Louis DeRoin, who is personally known to me to be the identical person who 

signed the above and foregoing Secretary, and acknowledged to me that he signed 

the same freely and voluntarily and knew the purpose for which said instrument 

was to be used. 

IN TESTIMONY. WHEREOF, I have hereunto affixed my notarial seal and 

signature the day and year last above written. 

1 NINA A. MERCHANT 1 

n-. 

NOTARY PUBLIC 

My appointment expires: 
IOWA TRIBE OF KANSAS AND NEBRASKA 

<=LASS n AND m GAMING ORDINANCE 

1- Purpose 

A. The Iowa Tribe of Kansas and Nebraska (hereinafter 'Tribe"), empowered by 

the Tribal Constitution to enact ordinances through its Executive Committee, 

hereby enacts this Ordinance in order to set the terms for Class I1 and 111 

gaming operations on land within the Tribe's reservation in the state of 

Kansas. 

11. Gaming Authorized 

A. Class I1 and Class in gaming as defined in the Indian Gaming Regulatory Act, 

P.L. 100-447, 25 U.S.C. Section 2703(7) (A) and 25 U.S.C. Section 2703(8) 

(hereinafter "IGRA") and by the regulations promulgated by the National 

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

502.4 (as published in the Federal Register at 57 FR 12382-12393, April 9, 

1992) are hereby authorized. 

A. The Tribe shall have the sole proprietary interest in and responsibility for the 

conduct of any gaming operation authorized by this Ordinance. 

N. Use of Gaming Rewwe 

A. Net revenues from Class I1 and Class 111 gaming shall be used only for the 

following purposes: to fund the Tribe's government operations and programs; 

provide for the general welfare of the Tribe and its members; promote Tribal 

economic development; donate to charitable organizations; or help fund 

operations of local government agencies. 

B. If the Tribe elects to make per capita payments to Tribal members, it shall 

authorize such payments only upon approval of a plan submitted to the 

Secretary of the Interior under 25 U.S.C. Section 2710(b)(3). 
V. Audit 

A. The Tribe shall cause to be conducted annually an independent audit of 

gaming operations and shall submit the resulting audit reports to the 

National Indian Gaming Commission. 

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

or concessions in excess of $25,000.00 annually, except contracts for 

professional legal and accounting services, shall be specifically included 

within the scope of the audit that is described in subsection A. above. 

VI. Protectkm of tbe Enviraar&ent and Public Health and Safety 

A. Class I1 and Class I11 gaming facilities shall be constructed, maintained and 

operated in a manner that adequately protects the environment and the 

public health and safety. 

VII. Establjshment of Tni Gaming Commission 

A. There is hereby established an Iowa Tribe of Kansas and Nebraska Tribal 

Gaming Commission (hereafter "Tribal Garning Commission"). 

B. The Tribal Gaming Commission shall be comprised of the members of the 

Tribal Executive Committee as that Committee is defined in the tribal 

constitution and other mbal governing documents. The Chairman of the 

Tribal Gaming Commission shall be the individual who is Chairman of the 

Tribal Executive Committee. 

The Tribal Gaming Commission shall have the authority to regulate gaming 

activity within the Tribe's reservation. The Tribal Gaming Commission shall 

have the authority to promulgate regulations consistent with this Ordinance 

and other applicable law governing the conduct of gaming activities within 

the Tribe's reservation, including the Indian Gaming Regulatory Act and the 

TribalIState Compact Among the Iowa Tribe of Kansas and Nebraska and the 

State of Kansas. The regulations promulgated under this authority shall, to 

the greatest extent possible, assure that gaming is conducted in an effective 

and efficient manner, and in a manner which protects the honesty and 

integrity of the gaming. 
WI. Licenses for Key Employees and Primary Management Officials 

A. Im~lernentation. The Tribal Gaming Commission shall insure that the 

policies and procedures set out in this section are implemented with respect 

to key employees and primary management officials employed at my Class 

I1 or Class 111 gaming enterprise operated on Indian lands . All key 

employees and primary management officials shall have duly approved Tribal 

licenses issued in accordance with this section. 

B. Definitions. For the purposes of this section, the following definitions apply: 

1. Key Em~lovee means: 

a. A person who performs on or more of the following 

functions: 

(1) Bingocaller 

(2) Counting room supervisor 

(3) Chief of security 

(4) Custodian of gaming supplies or cash 

(5) Floor manager 

(6) Pit boss 

(7) Dealer 

(8) Croupier 

(9) Approver of credit 

(10) Custodian of gambling devices including persons 

with access to cash and accounting records 

within such devices; or 

b. If not otherwise included, any other person whose total 

cash compensation is in excess of $50,000 per year; or 

c. If not otherwise included, the four most h i g h 1 y 

compensated persons in the gaming operation. 

Primarv Mananemenr Official means: 

a. The person having management responsibility for a 

management contract ; 

b. Any person who has authority: 

(1) To hire and fire employees; or 
(2) To set up working policy for the gaming 

operation; or 

c. The chief financial officer or other person who has 

financial management responsibility. 

3. Garninn Entarise means: 

a. Any commdal gaming business owned by the Tribe 

and operated under this Gaming Ordinance. 

4. TribaVState Compact means: 

a. The TribUState Compact Among the Iowa Tribe of 

Kansas and Nebraska and the State of Kansas, adopted 

April 26, 1995, and approved under the Indian Gaming 

Regulatory Act of 1988, as that compact may be 

amended from time to time. 

Avvlication Forms. 

1. 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 compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information on this 

form is authorized by 25 U.S.C. 2701 et seq. The pupose 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 

agenaes when relevant to civil, criminal or regulatory 

investigations or prosecutions or when pursuant to a 

requirement by a tribe or the National Indian Gaming 

Commission in connection with the hiring or firing of an 

employee, the issuance or revocation of a gaming license, or 

investigations of activities while associated with a tribe or 

gaming operation. Failure to consent to the distiosures 

indicated in this notice will result in a tribe's being unable to 

hire you in a primary management official or key employee 
position. The disclosure of your Social Security Number (SSN) 

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

errors in processing your application. 

2. Ekkting key employees and primary management officials shall be 

notified in writing that they shall either: 

a. Complete a new application form that contains a Privacy Act 

notice; or 

b. Sign a statement that contains the Privacy Act notice and 

consent to the routine uses described in that notice. 

3. The following notice shall be placed on the application form for a key 

employee or a primary official before hat form is filled out by an 

applicant. 

A false statement on any part of your application may be 

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

work. Also, you may be punished by he or imprisonment. 

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

4. Existing key employees and primary management officials shall be 

notified in writing that they shall either: 

a. Complete a new application form that contains a notice 

regarding false statements: or 

b. Sign a statement that contains the notice regarding false 

statements. 

C. Backmound tnves tinations. 

1. The Tribal Gaming Commission shall request from each primary 

management official and from each key employee all of the following 

informa tion: 

a. Full name, other names used (oral or vnitten), social security 

nurnber(s), birth date, place of birth, citizenship, gender, all 

languages (spoken or written); 
Currently and for the previous 5 years: business and 

employment positions held, ownership interests in those 

busirresses, business and residence addresses, and drivers 

license numbers; 

The names and current addresses of at least three personal 

references, including one personal reference who was 

acquainted with the applicant during each period of residence 

listed under paragraph (l)(b) of this section; 

Current business and residence telephone numbem; 

A descrition of any existing and previous business 

relationships with Indian mbes, including ownership interests 

in those businesses; 

A description of any existing an previous business relationships 

with the gaming indusw generally, including ownership 

interests in those businesses; 

The rlame and address of any licensing or regulatory agency 

with whirh the person has fled an application for a license or 

permit related to gaming, whether or not such license or 

permit was granted; 

For each felony for which there is an ongoing prosecution or 

a conviction, the charge, the name and address of the court 

involved, and the date and disposition if any; 

For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within 10 years 

of the date of the application, the name and address of the 

court involved and the date and disposition; 

For each criminal charge (excluding minor traffic charges), 

whether or not there is a conviction, if such criminal charge is 

within 10 years of the date of the application and is not 

otherwise listed pursuant to paragraph (1)fi) or (l)(i) of this 

section, the criminal charge, the name and address of the court 

involved and the date and disposition; 
k. The name and address of any licensing or regulatory agency 

with which the person has filed an application for an 

occupational license or permit, whether or not such license or 

permit was granted; 

A current photograph; 

m. Any other information the Tribe deems relevant; and 

n. Fingerprints taken on behalf of the Tribe by officials from a 

Kansas County Sheriff's Office. 

The Tribal Gaming Commission shall conduct, or cause to be 

conducted, an investigation sufficient to make a determination under 

subsection D. below. In conducting a background investigation, the 

Tribal Gaming Commission and its agents shall promise to keep 

confidential the identity of each person interviewed in the course of 

the investigation. Fingerprints taken on behalf of the Tribal Gaming 

Commission shall be submitted to the Federal Bureau of Investigation 

for a fingerprint check. In addition, the Tribal Gaming Commission 

shall provide sufficient information to the Kansas State Gaming 

Agency to allow the State Gaming Agency to conduct a background 

investigarion in accordance with the terms of the Stateflribal 

Compact. 

D. Elinibilitv Determination. 

1. The Tribal Gaming Commission shall review a person's prior activities, 

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

make a finding concerning the eligibility of a key employee or primary 

msnagement official for employment and licensing in a gaming 

enterprise. If the Tribal Gaming Commission determines that 

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

the effective regulation of gaming, or creates or enhances dangers of 

unsuitable, unfair, or illegal practices and methods and activities in 

the conduct of gaming, the gaming enterprise shall not employ or 

license that person in a key employee or primary management official 

position. 
E. Procedures for Forwarding ADDfications and Reports for Key Em~lovees and 

Primary Mananement Officials to the National Indian Gaming Commission. 

1. When a key employee or primary management official begins work at 

a gaming enterprise authorized by this ordinance, the Tribal Gaming 

Commission shall forward to the National Indian Gaming Commission 

a completed application for employment and conduct the background 

investigation and make the determination referred to in subsection D 

of this section. 

2. The Tribal Gaming Commission shall forward the report referred to 

in subsection F of this section to the National Indian Gaming 

Commission within 60 days after an employee begins work or within 

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

National Indian Gaming Commission. 

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

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

90 days. 

F. Re~orto the National Indian Gaming Commission 

1. Pursuant to the procedures set out in subsection E of this section, the 

Tribal Gaming Commission shall prepare and forward to the National 

Indian Gaming Commission an investigative report on each 

background investigation. An investigative report shall include all of 

the following: 

a. Steps taken in conducting a background investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. The bases for those conclusions. 

2. The Tribal Gaming Commission shall submit, with the report, a copy 

of the eligibility determination made under subsection D of this 

section. 
3. If a license is not issued to an applicant, the Tribal Gaming 

Commission: 

a. Shall notify the National Lndian Gaming Commission; and 

b. May forward copies of its eligibility determination and 

investigative report (if any) to the National Indian Gaming 

Commission for inclusion in the Indian Gaming Individuals 

Records System. 

4. With respect to key employees and primary management officials, the 

Tribal Gaming Commission shall retain applications for employment 

and reports (if any) of background investigations for inspection by the 

Chairman of the National Indian Gaming Commission or his or her 

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

of employment. 

G. Grantinn a Gaming License 

If, within a thirty (30) day period after the National Indian Gaming 

Commission receives a report, the National Wan Gaming 

Commission notifies the Tribal Gaming Commission that it has no 

objection to the issuance of a license pursuant to a license application 

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

the Tribal Gaming Commission has provided an application and 

investigative report to the National Indian Gaming commission, the 

Tribal Gaming Commission may issue a license to such applicant. 

2. The Tribal Gaming Commission shall respond to a request for 

additional information from the Chairman of the National Indian 

Gaming Commission concerning a key employee or a primary 

management official who is the subject of a report. Such a request 

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

until the Chairman of the National lndian Gaming Commission 

receives the additional information. 

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

Indian Gaming Commission provides the Tribal Gaming Commission 

with a statement itemizing objections to the issuance of a license to 

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

Tribal Gaming Commission has provided an application and 

investigative report to the National Indian Gaming Commission, the 

Tribal Gaming Commission shall reconsider the application, taking 

into account the objections itemized by the National Indian Gaming Commission. The 
Tribal Gaming Commission shall make the final decision whether to issue a license to such 

applicant. 

H. License Suspension 

1. If, after the issuance of a gaming license, the Tribal Gaming 

Commission receives from the National Indian Gaming Commission 

reliable information indicating that a key employee or a primary 

management official is not eligible for employment under subsection 

D. above, the Tribal Gaming Commission shall suspend such license 

and shall notify in writing the licensee of the suspension and the 

proposed revocation. 

2. The Tribal Gaming Commission 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 Tribal Gaming Commission shall 

decide to revoke or to reinstate a gaming license. The Tribal Gaming 

Commission shall notify the National Indian Gaming Commission of 

its decision. 

M. license bcations 

A. The Tribal Gaming Commission shall issue a separate license to each place, 

facility, or location on Indian lands where Class I1 or Class 111 gaming is 

conducted under this ordinance. 

A. AU prior gaming ordinances are hereby repealed. 

XI. Compliance With Tni-State Compacts 

A. The Tribal Gaming Commission shall adopt regulations and take all actions 

necessary to ensure that Class I11 gaming conducted on the lands of the Tribe 

complies in all respects with the TribaVState Compact. 
. Conduct of Class II and Class UI Games 

A. All Class [I and Class 111 games operated under this Ordinance shall be 

conducted in accordance with this Ordinance and regulations adopted by the 

Tribal Gaming Commission. 

wI. Initial Regulations Governing Class U and Class UI Gaming 

A. The initial regulations governing Class 11 and Class LII gaming on the Tribe's 

reservation shall be as described in the Gaming Compact between the State 

of Kansas and the Tribe. Following approval of this Gaming Ordinance by 

the National Indian Gaming Commission, tbe Tribal Gaming Commission may 

amend these regulations in accordance with the provisions of this Ordinance.