June 9, 2015 

By First Class Mail 

Darrin Old Coyote, Chairman 

Crow Nation Executive Branch 

Bacheeitche Avenue 

P.O. Box 159 

Crow Agency, Montana 59022 

Re: Crow Board of Horse Racing Act 

Dear Chairman Old Coyote: 

This letter responds to your request on behalf of the Crow Tribe for the National Indian 

Gaming Commission Chair to review and approve the Crow Board of Horse Racing Act (Act) 

which was passed pursuant to Crow Tribal Legislative Bill No. CLB 15-02 and signed into law 

by Chairman Old Coyote on March 27, 2015. 

The Act is to be read in conjunction with the Crow Tribe Gaming Ordinancel and 

establishes the Board of Horse Racing (Board) as the regulatory body overseeing horse racing 

on Crow lands. With regard to horse racing, the Act specifically delineates the responsibilities 

of the Board, Apsaalooke Casino, and Tribal Gaming Commission, including the following: 

• The Casino will manage and operate any horse racing activities; 

• The Tribal Gaming Cormnission is responsible for licensing both the employees 

and the racing facility consistent with the gaming ordinance; 

• The Board promulgates regulations for the integrity and safety of the sport; 

• The Board establishes license fees and licenses participants; 

• The Board approves applications for race meets; and 

• The Board collects portions of the wagers for the purse fund. 

1 Approved December t 8, 2013. 

NEW MAILING ADDRESS: NIGC/DEPARTMINT OF THE INTERIOR 1849 C S11 e&I NW, Moil Stop# 1621 o~hington, DC 20240 Tel: 202.632.7003 Fo><: 202.632.7066 

R£GIONAl OFFICES Portland, OR; Socralllttnlo, CA; Phoenix, AZ; St. Poul, MN; Tulsa OK; Oklall<lmo City, OK 

WWW.NIGC,GOV 
Thank you for bringing the Act to our attention and for providing us with a copy. The 

Act is approved as it is consistent with the requirements of the Indian Gaming Regulatory Act 

and the NIGC regulations. If you have any questions, please feel free to contact Staff Attorney 

Jennifer Lawson at (202) 632-7003. 

( 
MARCH 2015 CROW TRIBAL LEGISLATURE 

SPECIAL SESSION 

BILL NO. CLB 15-02 

INTRODUCED BY DARRIN OLD COYOTE, CHAIRMAN 

CROW TRIBAL EXECUTIVE BRANCH 

A BILL FOR AN ACT ENTITLED: 

"AN ACT TO AMEND THE CROW BOARD OF HORSE RACING ACT,' 

WHEREAS, pursuant to Article V, Section 2( a) of the 2001 Crow Tribal Constitution, 

the Crow Tribal Legislature (hereinafter, the "Legislature") is vested with the power and duty 

to promulgate and adopt laws, resolutions, ordinances, codes, regulations, and guidelines in 

accordance with the 2001 Crow Constitution and federal laws; and 

WHEREAS, on January 13, 2015, the Chairman of the Crow Tribe submitted the Crow 

Board of Horse Racing Act to the National Indian Gaming Commission (NIGC); and 

WHEREAS, on March 9, 20 I 5, the Chaiiman of the Crow Tribe withdrew the Crow 

Board of Horse Racing Act from the NIGC's review and approval process after learning the 

NIGC was going to disapprove the Act; and 

WHEREAS, the Crow Tribal Gaming Ordinance does not address horse racing; and 

WHEREAS, substantial revisions to the Crow Board of Horse Racing Act is required 

before it can be resubmitted to NIGC for approval; 

NOW, THEREFORE, BE IT RESOLVED BY THE CROW TRIBAL 

LEGISLATURE AND THE CROW TRIBAL EXECUTIVE BRANCH: 

Section 1. AMENDMENT. This bill entitled "An Act to Amend the Crow 

Board of Horse Racing Act," attached hereto, shall replace CLB 14-01. 

Section 2. EFFECTIVE DATE. This Act shall be submitted to the Chairman of 

the NIGC within fifteen (15) days after the Legislative Branch has passed it and the 

Chairman of the .Executive Branch has approved it. It shall be effective immediately 

upon the approval by the Chairman of the NIGC. 

March 25, 2015 Special Session 

A Bill for an Act Entitled: An Act to Amend the Crow Board of Horse Racing Act 

Page I of2 
. 

. 

CERTIFICATION 

I hereby certify that this Bill for an Act entitled "AN ACT TO AMEND THE CROW 

BOARD OF HORSE RACING ACT" was duly approved by the Crow Tribal Legislature 

with a vote of 16 in favor, -2._ opposed, and .JL abstained, and that a quorum was present on 

this 25th day of March, 2015. 

ATTEST: 

Sen. Patrick 

J-M-~ Alden, Jr: 

Secretary 

Crow Tribal Legislature 

I hereby 

PROVE VETO ---

--z Sen. R. Knute ~ Old Crow, Sr. 

Speaker of the House 

Crow Tribal Legislature 

EXECUTIVE ACTION 

This Bill for an Act entitJed "AN ACT TO AMEND THE CROW BOARD OF HORSE 

RACING ACT" pursuant to the authority vested in the Chairman of the Crow Tribe by Article 

ec ~ 8 of the Constitution and Bylaws of the Crow Tribe of Indians, on this ~ day of 

~~,~~,...-----'' 2015. . 

March 25, 2015 Special Session 

A Bill for an Act Entitled: An Act to Amend the Crow Board of Horse Racing Act 

Page 2 of2 
CROW BOARD OF HORSE RACING ACT, AMENDED 2015 

Section 1. GENERAL PROVISIONS 

A. The Crow Tribe retains the sole proprietary interest in, and responsibility for the conduct 

of any tribal Class II or Class III gaming activities, and this Act docs not preclude the 

Crow Tribe from entering into a lawful management contract pursuant to 25 U.S.C. § 

2711. Further, the Crow Tribe shall ensure that gaming facilities will be constructed, 

maintained and operated in a manner that adequately protects the environment and the 

public health and safety. 

B. Class III gaming licenses with regard to key employees or primary management and 

tribal facilities shall be issued by the Tribal Gaming Commission in a manner consistent 

with the Tribal Gaming Ordinance. Further, the Tribal Gaming Commission shall issue 

licenses for each separate facility where horse racing is conducted. 

C. Horse racing activities shall be operated and managed by the Apsaalooke Casino 

Enterprises, Inc. 

D. Racing that would qualify as a bush meet or Class I racing under the Indian Gaming 

Regulatory Act is not governed by this Act. 

Section 2. AUTHORITY OF THE BOARD 

The Crow Board of Horse Racing shall act as the regulatory authority for sanctioned horse racing 

conducted within the exterior boundaries of the Crow Indian Reservation with the following 

responsibilities: 

A. Promulgate rules for the operation of sanctioned horse racing on the Crow Indian 

Reservation consistent with the "Class III Gaming Compact Between the Crow Tribe and 

State of Montana, 61h Amendment" and in the same manner as rules are promulgated by 

the Board. 

B. The Board shall meet at least monthly and keep detailed records of meetings including 

the business transacted at the meetings. 

C. Submit monthly financial reports, and other reports required by law, to the Tribal 

Chairman of the Executive Branch and to the Chairman of the Gaming & Tribal Business 

Enterprises Committee of the Legislative Branch. 

D. Conduct an annual independent audit as required by law and report its findings to the 

National Indian Gaming Commission, Tribal Chairman of the Executive Branch, and the 

Chairman of the Gaming & Tnbal Business Enterprises Committee of the Legislative 

Branch. The audit shall include all gaming-related contracts resulting in the purchases of 

supplies, services, or concessions amounting to more than twenty-five thousand dollars 

($25,000.00) in any year (except contracts for professional legal or accounting services.) 

For reporting to both Crow Tribal Branches, the audit shall include all tribal financial 

activity occurring under the Horse Racing Board that is not required to be reported to the 

NIGC, including contracts in amounts under twenty-five thousand dollars ($25,000.00). 

Special Session March 25, 2015 

CROW BOARD OF HORSE RACING ACT, AMENDED 2015 

Page 1of6 
E. Regulate horse racing conducted within the exterior boundaries of the Crow Indian 

Reservation to ensure it is being operated pursuant to the rnles and regulations it adopts. 

F. Hire staff as needed in order to fulfill its regulatory functions. 

G. Withhold percentages from wagers to be deposited in the Board's agency fund account 

for the exclusive use as live race purses. Other percentages may be withheld for purposes 

for the good of the horseracing industry as approved by a duly adopted tribal budget, 

provided that all net gaming revenues, as defined in the Tribal Gaming Ordinance, shall 

be subject to Section 6 of such Ordinance. 

H. Assess new forms of horse racing activities, including pari-mutuel and simulcast racing, 

for their potential impact on existing programs on the Crow reservation such as the Indian 

Relay and rodeo. 

I. Consider the economic and safety impact of horse racing activities on the Crow Indian 

Reservation on the horse racjng and breeding industry in general. 

Records of the Board kept for reporting requirements are public records subject to public 

inspection. 

Section 3. Dm.ECTOR 

The Crow Board of Horse Racing operates under the purview of the Director, who shall: 

A. Be a member of the Crow Tribe. 

B. Meet the minimum qualifications and abide by standards of the Crow Board of Horse 

Racing. 

C. Be appointed and subject to removal by the Tdbal Chairman. 

D. Direct and supervise the budgeting, record keeping, reporting, and related administrative 

and clerical functions of the Board, subject to Board approval. 

E. Draft the Board's budgetary requests. 

F. Hire and employ staff for the Board. 

G. Assist the Board in drafting and distributing required notices, rnles, or orders adopted, 

amended, or repealed by the Board. 

H. Perform all other duties as directed by the Board. 

I. The Director shall be assigned office space within the Executive Branch. 

Section 4. BOARD MEMBERSHIP 

A. Establislunent, composition, appointment and qualifications 

1. The Crow Board of Horse Racing shall be comprised of six ( 6) Board members, one 

of whom shall be designated as the Board Chahman. The Board may elect to 

designate a Vice-Chai1man to serve in the absence of the Chailman. There shall be 

one Board member from each of the six (6) legislative districts, who shall each be 

nominated by the Tribal Chairman with the advice and consent of the Legislature. 

Such advice and consent shall include a concurrence from a majority of the legislators 

Special Session March 25, 2015 

CROW BOARD OF HORSE RACING ACT, AMENDED 2015 

Page2 of6 
from each district before a nominee is submitted to the Legislature for final approval 

tlrrough a majority vote. 

2. Upon the effective date of the Act, Legislative Resolution No. 14-09 is valid as to the 

initial Board members. Upon the event any Board member seat becomes vacant, the 

Tribal Chai.rm.an shall have thirty (30) days to submit a nomination to the Legislative 

Branch in accordance with paragraph I of this section. Upon submission of a 

nomination, the Legislature shall make a decision within fifteen (15) days. In the 

event the nominee is denied, the Chainnan shall submit another name within fifteen 

(15) days of the decision. Failure of the Chairman to make a nomination within the 

time prescribed herein, or failure of the Legislative Branch to either confirm or deny 

the nomination within the time prescribed herein, shall vest the auth01ity in the Crow 

Board of Horse Racing to make a selection by a majority vote of a quorum of the 

Board. 

3. The Chairman of the Crow Board of Horse Racing shall be nominated by the Tribal 

Chairman and confirmed by a two-thirds (2/3) vote of the Legislature. Upon the 

effective date of this Ordinance or upon the event the position of the Board Chairman 

becomes vacant, the appointment process shall be the same as that for Board 

members. 

4. No nominee of the Crow Board of Horse Racing shall exercise any authority under 

this Act until duly confirmed under this Act. 

5. All Crow Board of Horse Racing members shall be members of the Crow Tribal 

General Council and must be registered to vote in the districts they represent at the 

time of their confamation. 

6. Shall not hold elected office with the Crow Tribe while serving under this Act. 

7. Board members must be licensed by the Tribal Gaming Conunission in a manner 

consistent with the Tribal Gaming Ordinance. 

8. All members of the Board including the Director shall demonstrate knowledge and 

familiadty with the following: 

a. The Horse Racing Industry, generally; 

b. This Act; 

c. Class III gaming laws on the Crow Indian Reservation; 

d. Administrative law and procedure; 

e. Structure of the Crow Tribal govenunent and the 2001 Crow Tribal 

Constitution. 

9. Membership in the Crow Board of Horse Racing shall not constitute full-time 

employment with the Crow Tribe. 

Special Session March 25, 2015 

CROW BOARD OF HORSE RACING ACT, AJ.'JfENDED 2015 

Page3of6 
B. Terms 

Appointments shall be for a period of four (4) years. The terms shall be staggered which 

shall result in appointments every two years and provide for the continuity of the Board. 

The Chairman of the Board and all Bo~rd members may be re-appointed for successive 

terms under the same process as the initial appointment. 

C. Removal 

1. All members of the Crow Board of Horse Racing may be removed for good cause by 

a majority of the Crow Tribal Legislature upon referral by a majority vote of a 

quorum of the remaining Board members, or in accordance with the process set in 

Article VIII, Section 3 of the 2001 Crow Constitution. Good cause shall exist when 

any conditions occur, or is discovered, which would exclude a person from 

appointment or dem~nstrate an unwillingness to comply with the requirements of this 

Act, including but not limited to the conflicts of interest, or Horse Racing regulatory 

law. 

2. Good cause removal shall be reviewable in Crow Tribal Court. Such judicial review 

shall consider all facts with a clear error standard and shall uphold the Crow Board of 

Horse Racing decision unless such decision is found to be arbitrary, capricious, an 

abuse of authority, or otherwise unlawful. 

Section 5. RULEMAKING 

The Crow Board of Horse Racing shall adopt rules and regulations that provide for the following 

overall purposes: 

A. Uniform regulatory climate that ensures the neutrality and validity of every race; 

B. Health, safety, and welfare of race personnel and livestock; 

C. Fairness and integrity of the pari-mutuel wagering system; 

D. Be at least as restrictive as applicable provisions of the Ad.mini strati ve Rules of Montana 

adopted by the State Board of Horse Racing. 

The Board shall adopt rules to govern race meets. These rules shall be adopted by the Board 

within six (6) months of the effective date of this Act, and shall include the following: 

A. Defining terms necessary to implement the Act 

B. Financial reporting and audit requirements 

C. Prevention of cormpt practices 

D. Other duties of the Director 

E. Other duties of the Board members 

F. Functions of the presiding steward, racing secretary, and other racing officials 

G. Conflict of interest provisions for all horse racing officials 

Special Session March 25~ 2015 

CROW BOARD OF HORSE RACING ACT, AMENDED 2015 

Page 4 of6 
H. Prohibition on innnediate relatives of horse racing officials engaging in Crow Board of 

Horse Racing Act sanctioned events 

I. Prescribing horse racing licenses of all personnel who have anything to do with the 

substantive operation of horse racing 

J. Establishment of dates for race meets 

K. Establishment of horse breeding and racing standards on the Crow Indian Reservation 

L. Establishing vetelinary practices and standards observed in connection with race meets 

M. Establishing standards for trainers to protect the safety and health of horses and mules) 

regardless of any third-party involvement 

N. Establishing standards for the issuance and revocation of horse racing licenses for 

individuals that have previously been suspended by the Board or another horse racing 

jurisdiction 

0. Setting horse racing license fees sufficient to recover the cost of issuing a license 

P. Coordination with the Crow Tribal Gaming Commission and the Apsaalooke Casino 

Enterplise to ensure the implementation of this Act is in conformity with all Class III 

gaming laws and regulations of the Crow Indian Reservation 

Rules and Regulations adopted by the Board which are necessary and proper for the 

operation of horse racing under this Act shall he submitted and ratified through a joint action 

resolution of the Crow Tribe Legislative and Executive Branch, after a thirty (30) day public 

comment period. 

Section 6. RACE MEETS 

A. A person applying for a license to hold a race meet under this Act shall file an application 

with the Board. The Board will then set the time, place, and the terms of the license. 

B. Participants are required to have paid an annual fee and possess a current horse racing 

license issued by the Board before engaging in any race meet sanctioned by the Board. 

Fees shall be paid to the Board and used only for administrative purposes. 

C. Participants holding a horse racing license under this Act shall comply with this Act and 

the rules and regulations of the Board. 

D. A horse racing license shall not be issued to a participant who failed to pay any fees or 

taxes required by Crow tribal law. 

E. Applications to hold race meets shall be submitted to the Board, and the Board shall act 

on the application within thirty (30) days ofreceipt. The Board is the sole judge of 

whether a race meet may be licensed. 

F. Before granting a horse racing license, the Board shall require that any independent 

racing association conducting race meets satisfy the requirements of the rules and 

regulations adopted by the Board. 

G. A horse racing license held by a participant who violates this Act or the Board's rules and 

regulations is subject to cancellation or revocation by the Board. 

Special Session March 25, 2015 

CROW BOARD OF HORSE RACING ACT, AMENDED 2015 

Page 5of6 
Section 7. PENALTIES AND JUDICIAL REVIEW 

A. A person holding a race meet, or an owner, trainer, jockey, or groom participating in a 

race meet, without first being licensed under this Act, or a person violating this Act, shall 

be prosecuted under applicable law. 

B. The Board, or upon the Board's authorization, the board of stewards of a race meet at 

which they officiate, may exclude from race courses, any person that the Board considers 

detrimental to the best interest of horse racing as defined by the rules of the Board. 

C. Upon Board authorization, through an act of a board of stewards of a race meet, the 

Board may suspend or revoke any horse racing license issued by the Board and assess a 

fine, not to exceed one-thousand dollars ($1,000.00), against a licensee who violates any 

of the provisions of this Act or any rule, regulations or order of the Board. In addition to 

the suspension or revocation and fine, the Board may forbid application for re-licensure 

for up to two (2) years. Fines collected under this subsection shall be deposited in the 

Board's agency fund account for the exclusive use for live horse race purses or for other 

such pm-poses for the good of the horseracing industry as defined by the rules of the 

Board. Provided that, all net gaming revenues, as defined in the Tribal Gaming 

Ordinance, shall be subject to provisions of Section 6 of such Ordinance. 

D. The Board shall promulgate rules establishing hearing procedures for individuals against 

whom action is taken or proposed under this Act. The rules may include provisions for 

the following: 

1. Summary imposition of penalty by the stewards of race meets, including a fine 

and license suspension, subject to review by the Board; 

2. Stay of a summary imposition of penalty by either the Board or the Board of 

stewards; 

3. Retention of purses pending final disposition of complaints, protests, or appeals of 

stewards' rulings; 

4. Assessment of penalty and interest on the late payment of fines, which shall be 

paid before licenses are reinstated; 

E. The Crow Tribal Court has exclusive jurisdiction for judicial review of cases arising 

under this Act. 

F. The Director and Board members shall remove themselves from any hearing due to 

conflict ofinterest for all cases in which their interest is at stake. 

Special Session March 25, 2015 

CROW BOARD OF HORSE RACING ACT, AMENDED 2015 

Page 6of6