January 3,2013 

Via US. Mail and Facsimile 

Andrew W. Baldwin 

Baldwin & Crocker, P.C. 

P.O. Box 1229 

Lander, WY 82520-1229 

Fax: (307) 332-2507 

Re: Northern Arapaho Tribe -Resolution No. NABC-2012-23 1 

Dear Mr. Baldwin: 

This letter responds to your request on behalf of the Northern Arapaho Tribe 

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

Tribe's amendments to the Gaming Code. 

The Northern Arapaho Business Council approved Resolution NABC-2012-23 1 on 

October 10,2012. Thank you for bringing the amendments to our attention. The 

amendments are approved as they are consistent with the requirements of the Indian 

Gaming Regulatory Act and NIGC regulations. It is important to note that the amendments 

are approved for gaming only on Indian lands, as defined by IGRA, over which the Tribe 

has jurisdiction. Further, such approval does not constitute approval of specific games or 

gaming. 

If you have any questions, please contact Staff Attorney Esther Dittler at (202) 

420-9229. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NUW)UL wm@mEm 1441'LSt. NW.5uite 9103. Wuhingtm, DC 20335 Tel: 282.632.703 Fax: ML632.701i6 wiw.mc.cov 

~~ OFRm W, OR: Satramento, U\: he"%. AZSt Pwl. MN;Tulw, OK 
RESOJAUTION ENACTING 

TECHNICAL AMENDMENTS TO THE NORTHERN ARAPAHO GAMING CODE 

NORTI-IERN ARAPAHO BUSINLSS COUNCIL 

WIND RIVER RESERVATION 

ETHETE, WYOMING 

RESOLUTION NO. NABC-2012-23 I 

WHEREAS, the Nortl~ern Arapaho Business Council is tlie duly elected governing body ofthe Northern 

Arapaho Tribe; and 

WHEREAS, the Northern Arapaho Business Council enacted tlie Gaming Code of the Nortliern Arapaho 

Tribe in 1995 and has enacted certain amendments thereto from time to time and the same have been approved by 

the National Indian Gaming Commission (NIGC); and 

WHEREAS, tlie NIGC has requested the following technical corrections or amendments to the Gaming 

Code and approval ofthe same is in the best interests of the Tribe: 

1. Section 603 of the Gaming Code refers to federal regulations with a date of "1994," and those regulations 

have been amended since that time. The NIGC has asked the Tribe to delete tlie "1994" date from the two places it 

appears in Section 603. 

, 2. Section 604(c) should refer to (d) below and not to (b) above. The NlGC has asked the Tribe to correct this 

reference. 

3. Section 6(d) and (i) of the Gaming Code requires information from license applicants currently and for all 

previous years until the year the applicant reached the age of eighteen(l8), but federal regulations require five 

previous years under (d) regardless of when the applicant reached the age of eiglileen and ten previous yzars 

regarding convictions under (i). The NIGC 11ns asked tl~e'l'ribe to anlend ~llcsc scct:ons to co~lfortn wit11 the fcdural 

requirement. 

4.. Section 606(a) ofthe Gaming Code is required to match language contained in 25 C.F.R. 558.2. The NIGC 

has asked the Tribe to amend these sections to conform with the federal requirement. 

NOW, THEREFORE, BE 1T RESOLVED, that the Northern Arapaho Business Council hereby makes the 

above amendments to the Gaming Code of the Northern Arapaho Tribe, effective on the date said ante!?d/nents arc 

approved by the NIGC; and 

BE IT FINALLY RESOLVED, that the Chairman is authorized and directed to sign this resolution and that 

the Northern Arapaho Business Council hereby requests prompt approval of said amendments to the Gamins Code 

by the NIGC. 

CERTIFICATION 

Tlie undersigned, as Chairman of the Northern Arapaho Business Council, hereby certifies that the 

Northern Arapaho Business Council consists of six (6) members and that four (4) members were present constituting 

a quorum, at a duly called meeting of the Northern Arapaho Business Council held on October 10,2012, and that the 

foregoing resolution was adopted by a vote of four (4) members FOR, zero (0) members AGAINST, Chairman 

voting, and that the foregoing resolution has not been rescinded or amended in any way. 

DONE AT ETIIETE, WYOMING, THIS 10"' DAY OF OCTOBER, 2012. n 

~fld_lr! Jim L. ~hakGare. Chairman 

Northern ~rapaho Business Council 
NORTHERN ARAPAHO CODE

TITLE 3. GAMING

Section:

101 Authority

102 Findings

103 Purpose

104 [Reserved]

201 Definitions

301 Tribal gaming authorized

302 Tribe to be sole gaming proprietor

303 Separate license for each location

304 [Reserved]

305 Compliance with law; inclusion of Secretarial Procedures

306 Gaming Task Force

401 Agency established

402 Structure of agency

403 Powers and duties of Agency

404 Requirements for Self-Regulation by the Tribe

405 Agency operations

406 Executive Director and staff

407 Gaming Manager/Chief Executive Officer and staff

408 Political activities; prohibitions

409 Standards of conduct for Chairman and members of Agency

501 Application of net revenues

502 Budgets

503 Audits

504 Financial management

601 Required background investigations

602 Statement of responsibilities

603 Notices to applicants

604 Information from applicants

605 Rules regarding background investigations

606 Eligibility determinations

607 Reporting to the commission

701 Licenses

702 Background investigations

703 Licensing decision

704 Work permits

705 Licensing of venders, etc.

801 Licensing decisions

802 Patron disputes regarding particular wagers

803 Appeal to Tribal Court

804 Confidential information

805 Hearing procedures

901 Prohibited acts

902 Penalties
CHAPTER 1: LEGISLATIVE FINDINGS AND PURPOSE

Section 101 - Authority. The Northern Arapaho Tribe is a

sovereign, federally recognized Indian tribe. The Northern

Arapaho Business Council is authorized under tribal law to

promulgate tribal codes. This Code is enacted on the basis of

the Tribe's inherent sovereign powers, and the Indian Gaming

Regulatory Act, Pub. L. 100-497, 25 U.S.C. §§ 2701 et seq.

Section 102 - Findings.

(a) Self-determination. An explicit goal of federal Indian

policy, as enunciated among other places in the Indian Gaming

Regulatory Act, is to promote tribal economic development, selfsufficiency, and strong tribal government. The Tribe is deeply

committed to these values.

(b) Economic pressures. The Tribe needs additional revenues

to assist it in meeting its governmental responsibilities.

(c) Gaming as an economic enterprise. Gaming is an

appropriate subject for a tribal enterprise because:

 (i) Congress has found that Indian tribes have the

right to regulate gaming activity on Indian lands if the

gaming activity is not specifically prohibited by federal

law and is conducted within a state which does not, as a

matter of criminal law and policy, prohibit such activity. 

25 U.S.C. § 2701(5).

 (ii) Congress has provided a statutory basis for the

operation of gaming by Indian tribes as a means of promoting

tribal economic development, self-sufficiency, and strong

tribal government. 25 U.S.C. § 2702(1).

(iii) Wyoming law is not directly applicable on the

Reservation, but federal law depends in part on certain

policies underlying state gaming laws. Tribal gaming

operations would not conflict with federal law.

Section 103 - Purpose. The purpose of this Code is to provide

for the sound regulation of all gaming activities within the

Tribe's jurisdiction, to prevent improper or unlawful conduct in

the course of such activities, and to promote tribal economic

development, self-sufficiency, and strong tribal government.

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 2
Section 104 - [Reserved]

CHAPTER 2: GENERAL PROVISIONS

SECTION 201 - Definitions. For purpose of this Code:

(a) Act. "Act" means the Indian Gaming Regulatory Act, Pub.

L. 100-497, 25 U.S.C. §§ 2701 et seq.

(b) Agency. "Agency" means the Arapaho Gaming Agency

established by this Code.

(c) Class I gaming. "Class I gaming" has the meaning set

forth in the Act at 25 U.S.C. § 2703(6) and 25 CFR § 502.2. It

means social games solely for prizes of minimal value or

traditional forms of Indian gaming engaged in by individuals as a

part of, or in connection with, tribal ceremonies or

celebrations.

(d) Class II gaming. "Class II gaming" has the meaning set

forth in the Act at 25 U.S.C. § 2703(7) and 25 CFR § 502.3. In

general, it includes gaming such as bingo, pull-tabs, lotto,

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

bingo. It also includes certain card games (although not

blackjack (21) or other "banking" card games) to the extent such

games are played in conformity with state law.

(e) Class III gaming. "Class III gaming" has the meaning

set forth in the Act at 25 U.S.C. § 2703(8) and 25 CFR § 502.4. 

It includes all forms of gaming that are not Class I or Class II

gaming.

(f) Code. "Code" means this Tribal Gaming Code, including

any amendments.

(g) Commission. "Commission" means the National Indian

Gaming Commission established by the Act at 25 U.S.C. § 2704.

(h) Council. "Council" means the Northern Arapaho Business

Council.

(i) Gaming employee. “Gaming employee” means any person

employed by the Council or the Agency to perform or provide

“gaming services” or to perform any of the functions of the

Agency with respect to gaming including, without limitation,

investigations and compliance, but not including vendors (or

employees of vendors) of the Council or the Agency.

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 3
(j) Gaming services. “Gaming services” means any service,

assistance, product, supplies, or other thing of value provided

to the Council or the Agency directly related to the conduct of

class II or class III gaming.

(k) Key employee. "Key employee" means:

 (i) A person who performs one or more of the

following functions:

(A) Bingo caller;

(B) Counting room supervisor;

(C) Chief of security;

(D) Custodian of gaming supplies, cash, chips or

tokens;

(E) Floor manager;

(F) Pit boss;

(G) Dealer;

(H) Croupier;

(I) Approver of credit;

(J) Custodian of gambling devices including

persons with access to cash, chips or tokens and

accounting records within such devices;

(K) All surveillance staff;

 (ii) If not otherwise included, any other person whose

total cash compensation with respect to the gaming operation

(excluding the Chairman and members of the Agency) is in

excess of $50,000 per year; or

(iii) If not otherwise included, the four most highly

compensated persons in the gaming operation.

(l) Net revenues. "Net revenues" means gross gaming

revenues of an Indian gaming operation less: (i) amounts paid out

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 4
as or for prizes; and (ii) total gaming-related operating

expenses, excluding management fees.

(m) Primary management official. "Primary management

official" means:

 (i) The chief executive officer, chief financial

officer, chief operations officer, president or vice

president of gaming, gaming operations, or gaming marketing,

and any other person having management responsibility with

respect to a gaming operation;

 (ii) Any person who has authority (1) to hire or fire

gaming employees; or (2) to set up working policy for the

gaming operation; or

(iii) The chief financial officer or other person who

has financial management responsibility with respect to a

gaming operation; or

 (iv) As determined by the Agency, any other person or

entity with management responsibilities with respect to a

gaming operation.

(n) Procedures. “Procedures” or “Secretarial procedures”

means Class III gaming procedures for the Northern Arapaho Tribe

which are prescribed by the Secretary of the Interior pursuant to

25 U.S.C. 2710 (d)(7)(B)(vii).

(o) Reservation. "Reservation" means the Wind River Indian

Reservation.

(p) State. "State" means the State of Wyoming, its

authorized officials, agents, and representatives.

(q) Tribe. "Tribe" means the Northern Arapaho Tribe, its

authorized officials, agents, and representatives. 

CHAPTER 3: AUTHORIZATION OF TRIBAL GAMING

SECTION 301 - Tribal gaming authorized. The Council hereby

authorizes the Tribe to offer all forms or methods of gaming

which are lawful, or which may become lawful, under the Act or

other applicable federal law, including internet gaming.

SECTION 302 - Tribe to be sole gaming proprietor. The Tribe,

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 5
rather than individual Arapaho tribal members or others within

the jurisdiction of the Tribe, shall have the sole proprietary

interest in and responsibility for the conduct of any tribal

class II or III gaming activity provided, however, that the

Agency may promulgate regulations which permit occasional

community games operated by volunteers for limited purposes and

prizes. This provision shall not preclude the Tribe from

entering into a lawful management contract under 25 U.S.C. §

2711.

SECTION 303 - Separate license for each location. The Tribe

shall issue a separate license to each place, facility, or

location where class II or III gaming will be allowed.

SECTION 304 - Council obligations. The Council is authorized and

obligated to ensure competent gaming management and regulation by

the Tribe. When evaluating resolutions by other entities of the

Tribe regarding gaming, the Council shall consider the source and

intent of such resolutions; complexity of gaming management and

tribal/federal regulation; need for gaming revenue for tribal

operations and regulation; profitability of gaming operations;

legal obligations to lenders, vendors and employees; proper

gaming management principles; continuity, leadership and

reputation of Northern Arapaho gaming; process and expertise of

the entity which adopted the resolution; requirements of tribal

and federal law; and the Tribe’s unique relationship with the

United States regarding gaming.

SECTION 305 - Compliance with law; inclusion of Secretarial

Procedures.

(a) Applicable law. All tribal class II and III gaming

operations shall be conducted in accordance with the Act, the

Commission's regulations, other federal law, tribal law

(including joint-tribal and Arapaho law, this Code, and all

regulations and orders of the Northern Arapaho Gaming Agency

established under chapter 4 of this Code), and any Secretarial

procedures. This Code shall be construed in a manner which

conforms to applicable law.

(b) Incorporation of Secretarial Procedures. Upon approval

of Secretarial procedures, they shall be incorporated into this

Code. In the event of any inconsistencies between the procedures

and any provision of this Code, the procedures shall govern.

Section 306 - Gaming Task Force. The Council hereby establishes

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 6
the Northern Arapaho Gaming Task Force, which shall consist of at

least two members of the Council, the Chairman or other

representative of the Northern Arapaho Gaming Agency, the

Regulator, the Chief Executive and Chief Financial Officers of

the Tribe’s gaming facility, lead legal counsel for the Tribe and

such other persons as the Council may invite. The Task Force

shall meet on a regular basis to coordinate and discuss issues

regarding gaming management, regulation, compliance, and

policies. The Task Force shall provide information and

recommendations to the Council designed to maintain compliance

with applicable law, maximize gaming revenue, and enhance gaming

operations and public confidence in gaming operated by the

Northern Arapaho Tribe.

CHAPTER 4: NORTHERN ARAPAHO GAMING AGENCY

SECTION 401 - Agency established. The Council hereby establishes

a tribal agency to be known as the Northern Arapaho Gaming Agency

(NAGA), which shall be responsible for the safe, lawful, and

honest operation of the Tribe's class II and III gaming

operations on the Reservation. The Agency is generally

responsible for regulation of the gaming activities of the Tribe,

enforcement of applicable gaming laws and regulations, and

management of Agency staff and operations. The Northern Arapaho

Business Council is generally responsible for operation of the

gaming activities of the Tribe, enactment of tribal gaming laws,

negotiations and agreements with other governments, oversight of

gaming facility staff and oversight of gaming operations.

SECTION 402 - Structure of Agency.

(a) Number. The Agency shall consist of three members, one

of whom shall be designated by the Council as chairman.

(b) Appointment. The three members of the Agency shall be

appointed by the Council alone from members of the Northern

Arapaho Tribe whom the Council deems qualified, giving due weight

to the candidates' education, experience, and integrity. Members

of the Council may not simultaneously serve as members of the

Agency.

(c) Term. Initial appointments to the Agency shall be for

the following terms: Chairman -- three years; one member -- two

years; one member -- one year. Thereafter, all appointments

shall be for three-year terms, provided that if a vacancy occurs

for any reason, the Council shall appoint a replacement for the

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 7
remainder of the replaced person's term. 

(d) Removal. The Chairman or Agency members may only be

suspended or removed by a vote of at least four members of the

Council, for good cause. Any failure to comply with the terms of

this Code or other applicable law, failure to faithfully perform

the duties of office, or other act or omission reflecting

adversely upon the fair and honest conduct of Tribal gaming or

which reduces the effectiveness of the Tribe or the Agency in

dealing with other officials or the public shall constitute “good

cause” for removal. 

(e) Registered Agent. The Chairman of the Agency shall be

the agent for service of process pursuant to 25 CFR § 522.2(g). 

Until a Chairman of the Agency is appointed, the Chairman of the

Council shall be the agent for service of process.

SECTION 403 - Powers and duties of Agency. The Agency shall have

the following powers and duties:

(a) Regulatory oversight. The Agency shall have primary

responsibility for regulatory oversight of the Tribe's class II

and III gaming operations. The Agency shall supervise its own

staff and contractors and shall report to the Council.

(b) Inspection. The Agency may employ inspectors (all of

whom shall be licensed as gaming employees under this Code) who

may be present at any gaming facility during any hours of

operation, and who shall be under the sole supervision of the

Agency and not under the supervision of a contract manager or

employee of the Council. Such inspectors shall have unfettered

access to all areas of the gaming facilities at all times,

including locked or secured areas. Personnel employed by the

gaming operation or a contract manager shall provide such

inspectors immediate access to all such areas on request at any

time. Such inspectors shall report to the Agency regarding any

failure by the gaming operation to comply with any applicable

law, including this Code or any Secretarial procedures.

(c) Protection of public health, safety, and the

environment. The Agency shall assure that the construction,

maintenance, and operation of any tribal Class II or Class III

gaming facility shall at all times be conducted in a manner which

adequately protects public health, safety, and the environment,

and complies with all applicable federal and tribal laws. In

particular, the Agency shall prepare a plan for the protection of

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 8
public safety and the physical security of patrons in each of its

gaming facilities, setting forth the respective responsibilities

of the Agency, the security department of the gaming operation,

any tribal police agency, and if appropriate, any federal, state,

or local police agency. The Agency shall review and approve

floor plans and surveillance systems for each gaming facility and

may confer with other governmental or private parties regarding

the adequacy of such plans and systems. The Agency shall enforce

the health and safety standards applicable to the gaming

facilities in accordance with this Code. A gaming operation must

obtain a certificate of compliance, which shall be issued by the

Agency upon a determination that the gaming facility complies

with such standards.

(d) Resolution of complaints. All written complaints from

any person regarding any aspect of gaming operations shall be

reviewed by the Agency and retained for at least 5 years. The

Agency, including on-site inspectors, may assist in seeking

voluntary resolution of any complaints. The Agency may receive

any complaint from an employee of the gaming operation (except

with respect to personnel issues not involving violations of this

Code or Agency regulations) or any member of the public who

claims to be adversely affected by an act or omission of the

gaming operation or any person associated with it which is

alleged to be unlawful or improper and may require such remedial

action as it deems appropriate to bring the gaming operation into

compliance. The Agency may for this purpose, in its sole

discretion, conduct a hearing and receive evidence with regard to

such complaint if it deems an evidentiary proceeding useful to

resolve such complaint. Notwithstanding the above, licensing

disputes, patron disputes regarding particular wagers, and

disputes regarding the imposition of penalties, shall be resolved

as set forth in chapter 8 of this Code.

(e) Investigations. The Agency may on its own initiative

investigate any aspect of the gaming operation to protect the

public interest in the integrity of such gaming activities and to

prevent or remedy improper or unlawful conduct in the course of

such gaming activities. The Agency shall investigate any report

of a failure of the gaming operation to comply with applicable

law, including the provisions of Secretarial procedures, and may

require the gaming operation to take any corrective action the

Agency may determine appropriate. The Agency may compel any

person or entity, whether or not a licensee or person employed by

or doing business with the gaming operation, to appear before it

and to provide such information, documents, or other materials as

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 9
may be in their possession or control to assist in any such

investigation. The Agency may issue its own subpoenas or seek

subpoenas from the Shoshone and Arapaho Tribal Court in

furtherance of its authority under this paragraph. Any license

issued by the Agency may be revoked and any application to the

Agency may be denied for failure to cooperate with respect to

Agency investigations or subpoenas.

(f) Background investigations; gaming licenses. The Agency

shall conduct, or have conducted, any background investigations

required or permitted under applicable law, and shall issue,

suspend, and revoke all licenses pertaining to class II or III

gaming.

(g) Co-ordination with other agencies. The Agency shall coordinate its activities and cooperate with other relevant

agencies, including the Commission and other federal agencies,

and any agencies of the State with which the Tribe cooperates. 

The Agency may provide any information to such agencies which

must or may be provided under applicable law.

(h) Co-ordination with private entities. The Agency shall

regulate and, to the extent appropriate, co-ordinate its

activities with, any contract manager, and any other contractors,

vendors, suppliers, or other private entities with any

involvement in any aspect of gaming operations.

(i) Regulations. The Agency may promulgate, review, and

revise as necessary regulations, rules, and procedures to govern

and facilitate the regulation and licensing of gaming operations,

personnel, or entities in accordance with applicable law. Such

regulations, rules, and procedures shall be subject to rescission

or amendment by the Council.

(j) Secretarial Procedures. The Agency shall carry out each

of the responsibilities and duties set forth for the Agency in

Secretarial procedures.

(k) Establishment of list of barred persons. The Agency may

bar any person from working or gaming at the Tribe's gaming

facilities if in the view of the Agency such person's history,

associations, reputation, habits, or behavior poses a threat to

the integrity of tribal gaming activities, or to the safe and

lawful operation of those activities or if that person so

requests. This list may be shared with other public or private

agencies under subsections (g) and (h) above.

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 10
(l) Technical standards. The Agency shall promulgate,

review, revise, and enforce, as necessary, technical standards

and rules of each game of chance operated by the Tribe.

(m) Penalties. The Agency may impose penalties for

violations of this Code or Secretarial procedures in accordance

with chapter 9 of this Code.

(n) Legal remedies. The Agency or Regulator may in its own

name bring any civil action or criminal complaint in the courts

of the Tribes, State or the United States to enforce the

provisions of this Code, the Act, or Secretarial procedures, or

to enjoin or otherwise prevent any violation of this Code, the

Act, or procedures, occurring on the Reservation. However, the

Tribe, including the Agency and Regulator, and any of its agents

acting within their authority shall retain sovereign immunity

from suit for damages, fees or costs in any court or tribunal,

including immunity from counterclaims for the same, except as

specifically provided otherwise in this Code.

(o) Emergency action by Agency members. If emergency action

is required to protect the public interest in the integrity of

tribal gaming activities, or the safe and lawful operation of

those activities, and there is insufficient time to convene a

meeting of the Agency, the chairman of the Agency, or any other

member of the Agency acting in the absence of the chairman, may

issue in the name of the Agency any order which the Agency has

the power to issue to any employee or contractor of the gaming

operation or to any other person within the jurisdiction of the

Tribe to take any action or cease and desist from any action as

may be required to protect such interest. Any such emergency

order must be reviewed by the Agency at its earliest opportunity,

whereupon it may be confirmed or vacated by the Agency. An

unreviewed or unconfirmed emergency order issued under this

section will lapse within 10 days, and must so state.

(p) Agency records. All minutes of meetings, resolutions

and other records maintained by the Agency shall be available to

the Council upon request.

SECTION 404 - Requirements for Self-Regulation by the Tribe.

(a) Agency to be independent. Recognizing the importance of

an independent tribal gaming commission in maintaining a wellregulated gaming operation, the Northern Arapaho Gaming Agency

(NAGA) shall at all times be independent and autonomous from the

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 11
Business Council in all matters within its purview. No prior or

subsequent review by the Business Council of any actions of the

NAGA shall be required or permitted except as otherwise

explicitly provided in this Code. To avoid potential conflicts

of interest between the operation and regulation of the gaming

facility, the Tribe hereby finds that, at a minimum:

 (i) No member of the Business Council or any gaming

management board or advisory board may serve on the NAGA;

 (ii) No person may be appointed to the NAGA who at the

time of their appointment is a spouse, parent, child, or

sibling(including those by adoption or marriage and halfsiblings) of any Business Council member or who is living

with any Business Council member;

(iii) Members of the NAGA are prohibited from gambling

in the facility; and

 (iv) Members of the NAGA are prohibited from accepting

complimentary items from the gaming operation and are

prohibited from accepting from the gaming operation, in any

calendar year, any promotional item with a value exceeding

$50.00.

Disputes over decisions of the NAGA are to be resolved according

to that section of Secretarial procedures concerning the

resolution of gaming disputes (Section III.C.).

(b) Role of the Regulator. The Council alone shall select

or terminate (subject to section (iii) below) a Regulator whose

duties shall include compliance with the provisions of this

Section.

 (i) The Tribe must post a notice to patrons that

states:

THIS FACILITY IS REGULATED BY ONE OR MORE OF THE FOLLOWING:

THE NATIONAL INDIAN GAMING COMMISSION AND THE GOVERNMENT OF

THE NORTHERN ARAPAHO TRIBE. THIS FACILITY IS NOT REGULATED

BY THE STATE OF WYOMING.

 (ii) The Regulator must be subject to NIGC’s

background investigation and licensing standards for key

employees and primary management officials set forth at 25

C.F.R. §§ 556 and 558, including the requirement that

background information and suitability determinations be

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 12
forwarded to NIGC. Both the Tribe and NIGC must find the

Regulator eligible under §558.2.

(iii) The Regulator may be fired only for cause and

after notice to NIGC. Disputes over firing are to be

resolved according to that section of Secretarial procedures

concerning the resolution of gaming disputes (Section

III.C.).

 (iv) The Regulator must assure that the Tribe complies

with all Secretarial Procedures and the Appendices and

Regulations attached thereto. Documentation of compliance

is required and must be supplied to NIGC upon request.

 (v) The Regulator must establish and maintain a time

frame for performing routine preventive maintenance and

testing of machines pursuant to the Tribe’s and NIGC

Regulations. What constitutes appropriate testing will

depend upon the games being played.

 (vi) The Regulator must notify NIGC of all Class III

games to be placed in the Tribe’s gaming operation before

installation. The Tribe, at no expense to NIGC, will submit

a game for testing by an independent laboratory upon the

request of NIGC if NIGC questions the legality of the game. 

Unless the parties otherwise agree to a shorter period, at

least thirty (30) days before any games otherwise authorized

under this agreement is conducted at the Gaming Facility the

Regulator shall:

(A) Ensure that the Tribe’s gaming facility

develops rules and procedures for a system of internal

controls for the new game that meets the minimum

standards established in the Appendix to the

Secretarial Procedures.

(B) Require that the Tribe’s gaming facility

provide appropriate training for all dealers,

supervisors, surveillance personnel and any other

employees involved in the conduct or regulation of the

new game and for the NAGA, such that those employees

have the knowledge and skills required under typical

industry standards for the job function that employee

performs.

(C) Ensure that the Tribal Gaming Operation

establishes a security and surveillance plan for the

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 13
new game that meets the minimum standards established

in the Appendix to the Secretarial Procedures.

(D) Adopt rules of operation for the game that

meet the minimum standards established in the Appendix

to the Secretarial Procedures, including rules of play

and standards for equipment.

(E) Send documentation to NIGC that the preceding

requirements have been met.

(vii) The Regulator and NIGC will meet in person or

through conference call every two weeks commencing with the

first offering of Class III gaming in order to discuss the

Tribe’s compliance with the Secretarial Procedures. After

NIGC is assured that the gaming is being adequately

regulated, the parties may commence to meet once each

quarter to discuss the Tribe’s Class III gaming. However,

if at any time NIGC deems it necessary for effective

regulation, NIGC shall require the Tribe to meet more

frequently.

(viii) The Tribe must provide an adequate and reliable

yearly budget for the Regulator’s position. The Regulator’s

expense from a previous year, based on hours required to

perform the work, will provide the basis reimbursement of

the Regulator in subsequent years.

 (ix) The Regulator shall notify NIGC of any

regulations or procedures that the Tribe promulgates

covering any of the following:

Limits on wagering

Limits on number of gaming devices, table games, etc.

Extension of credit

ATM’s and Credit Card Advance machines

Check cashing

Program to address problem gamblers

Including training of casino staff

Minimum payback value of credit

e.g. 75%, 80%

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 14
Death of a gaming patron

Redemption of gaming tokens, chips

Hours of Operation

Interagency cooperation-e.g. honoring of state or local

police warrants

Prohibition on Controlled substances

Honoring of Garnishments for child-support, etc

Minimum employee age

 (x) The Regulator shall maintain and make available

to NIGC a procedural manual for gaming facility employees

that includes rules and regulations of conduct and

disciplinary standards for breach of procedures.

 (xi) Failure of the Tribe or Regulator to comply with 

any of these provisions or with any provision incorporated

in the Secretarial Procedures is grounds for enforcement by

the NIGC.

(c) Legal remedies. The Regulator may in his/her own name

bring such legal proceedings or seek such legal remedies as the

Agency may bring or seek pursuant to Section 403(n).

SECTION 405 - Agency operations.

(a) Quorum and voting. Two Agency members shall constitute

a quorum. The Chairman may vote and shall preside over all

meetings. Action by the Agency should be by consensus, but if

consensus cannot be achieved, shall be by majority vote. 

Whenever Agency action is not unanimous, majority and minority

views shall be in writing and shall be retained in the records of

the Agency.

(b) Recusal. No member of the Agency shall participate in

any decision directly involving the gaming license, employment,

or the direct monetary interest of his or her spouse, child,

parent, or sibling, by blood or adoption. A member of the Agency

may voluntarily recuse himself and decline to participate in any

Agency action or decision when the member, in his own discretion,

believes he could not act fairly or without bias, or that there

would be an appearance that he could not so act.

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October 10, 2012

Page 15
(c) Vice-chairman; alternative and temporary members. The

Agency shall select one of its members to serve as vice-chairman. 

If the chairman is unavailable because of recusal or any other

reason, the vice-chairman shall serve as acting chairman. If the

vice-chairman is also unavailable, the third member of the Agency

may serve as acting chairman. The Council may appoint

alternative or temporary members, who shall be members of the

Northern Arapaho Tribe, on such terms as the Council deems

appropriate.

(d) Meetings.

 (i) Regular meetings of the Agency shall be held at

least once every fourteen calendar days at such specific

times and places as the Agency determines. Unless otherwise

specified by the Agency, no notice of such regular meetings

shall be necessary. Special meetings may be called by the

chairman or two members of the Agency. Neither the business

to be transacted at, nor the purpose of any regular or

special meeting, need be specified in any notice of the

meeting.

 (ii) Any action required or permitted to be taken at a

meeting of the Agency may be taken without a meeting if each

member signs a written consent to the action. Such consents

shall be filed with the minutes of the Agency.

(iii) Members of the Agency may participate in a

meeting by conference telephone or similar communications

equipment by which all persons participating in the meeting

can hear each other.

SECTION 406 - Executive Director and staff.

(a) The Agency may select an Executive Director and such

other staff as are reasonably necessary to the Agency in

fulfillment of its obligations on such terms and conditions as

the Agency may determine. The Director shall be a salaried

employee whose salary shall not be dependent on a percentage of

gaming revenues. Unless another individual is selected, the

Chairman of the Agency also shall serve as Executive Director. 

The Director shall have the following powers and duties:

 (i) The Director shall have day-to-day responsibility

for coordinating the functions of the Agency.

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 16
 (ii) The Director shall have initial responsibility

for conducting or arranging for background investigations.

(iii) The Director shall make recommendations to the

Agency regarding the grant or denial of any license, the

imposition of any penalty, the investigation of any

complaint, or any other action within the jurisdiction of

the Agency.

 (iv) The Director may be delegated the authority by

the Agency to conduct any hearing, investigation, or

inquiry. In the course of such activities, the Director

shall have authority to compel the production of any

information or documents, and otherwise exercise the

investigatory powers of the Agency.

 (v) The Director shall perform such tasks as assigned

by the Agency and shall report to the Agency.

 (vi) If emergency action is required to protect the

public interest in the integrity of tribal gaming

activities, or the safe and lawful operation of those

activities, and there is insufficient time to convene a

meeting of the Agency, or to locate the chairman of the

Agency, or any other member of the Agency, the Director may

issue in the name of the Agency any order which the Agency

has the power to issue to any employee or contractor of the

gaming operation or to any other person within the

jurisdiction of the Tribe to take any action or cease and

desist from any action as may be required to protect such

interest. Any such emergency order must be reviewed by the

Agency at its earliest opportunity, whereupon it may be

confirmed or vacated by the Agency. An unreviewed or

unconfirmed emergency order issued under this section will

lapse within 10 days, and must so state.

(b) Neither the Regulator nor any member of the Agency,

including the Chairman or Director, and independent contractors

of the Agency, shall engage in any gaming at any gaming facility

or operation of the Northern Arapaho Tribe at any time (whether

on or off-duty). Violation of this section shall result in

immediate termination from his or her employment or appointed

position or termination of contract but shall not constitute

grounds for termination or suspension of gaming licenses or

permits.

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 17
SECTION 407 - Gaming Manager/Chief Executive Officer and staff.

(a) The Council alone shall select or terminate a Gaming

Manager/Chief Executive Officer (CEO) on such terms and

conditions as the Council may determine and the Manager alone

shall select or terminate such other staff as are reasonably

necessary for the conduct of the gaming operations of the Tribe

on such terms and conditions as the Manager may determine. The

Manager shall be a salaried employee. The Manager shall have the

following powers and duties:

 (i) The Manager shall have day-to-day responsibility

for the gaming operations of the Tribe and shall coordinate

with the Agency or its Director regarding compliance of such

gaming operations with this Code and other applicable law.

 (ii) The Manager shall have authority to remove or

arrange for the removal from the gaming operation premises

of disruptive or disorderly persons.

(iii) The Manager or his/her designee shall have

responsibility for attempting to resolve patron disputes, as

described in section 802.

 (iv) The Manager shall have such other duties as are

assigned by the Council.

(b) Material breach by the Tribe or Council of an employment

contract between the Council and CEO or Regulator shall entitle

the parties to alternative dispute resolution pursuant to 1

N.A.C. 101 et seq.(arbitration) or such other remedies provided

to parties generally under the S&A LOC. This section constitutes

a requirement by controlling law for the purposes of S&A LOC

1-8-5.

(c) The Agency shall promulgate specific regulations

regarding gaming by gaming employees consistent with the

following rules:

 (i) Neither the Manager nor any primary management

official shall engage in gaming at any Northern Arapaho

gaming facility or operation at any time (whether on or offduty).

 (ii) No gaming employee and no independent contractor

of a Northern Arapaho gaming facility shall participate as

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 18
patrons in any “giveaways,” “hot seats,” or other special

promotions at any Northern Arapaho gaming facility or

operation at any time (whether on or off-duty).

(iii) No gaming employee and no independent contractor

of a Northern Arapaho gaming facility shall engage in any

gaming at any Northern Arapaho gaming facility or operation

at any time (whether on or off-duty) if their duties as

employee or contractor include any role with respect to that

particular gaming; for example, slot technicians cannot play

slot machines and card dealers cannot play cards at any

time. Surveillance staff may only engage in slot machine

gaming and only while off-duty and shall be subject to any

applicable Agency regulations.

 (iv) No gaming employee and no independent contractor

of a Northern Arapaho gaming facility shall engage in any

gaming at any Northern Arapaho, or at any other, gaming

facility or operation while wearing or displaying a gaming

license from the Agency, a gaming employee identification

badge, or any other tag, label, uniform, or other item which

reasonably could identify the person as being an employee or

licensee of a Northern Arapaho gaming facility or operation.

These prohibitions shall remain in effect throughout the person’s

period of employment or contract and for an additional 30 days

after termination or expiration of the same. Violation of this

section shall result in immediate termination from his or her

employment or termination of contract but shall not constitute

grounds for termination or suspension of gaming licenses or

permits.

SECTION 408 - Political activity; prohibitions.

(a) No Chairman or member of the Agency and no Regulator

shall:

 (i) take an active part in political campaigns for

election to public office of the Tribe;

 (ii) use his official authority or influence for the

purpose of interfering with or affecting the result of an

election to public office of the Tribe;

(iii) knowingly solicit, accept, or receive a political

contribution from any person;

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 19
 (iv) run for the nomination or as a candidate for

election to public office of the Tribe; or

 (v) knowingly solicit or discourage the participation

in any tribal political activity of any person who--

(A) has an application for any compensation,

grant, contract, ruling, license, permit, or

certificate pending before the Agency; or

(B) is the subject of or a participant in an

ongoing audit, investigation, or enforcement action

being carried out by the Agency.

 (vi) Subject to subsection (b), an individual retains

the right to vote as he or she chooses and to express his or

her opinion on political subjects and candidates.

(b) No gaming employee, including the Manager and

independent contractors, and no employee or member of the Agency,

including the Chairman, and no Regulator shall engage in

political activity while that person is on duty; in any room or

building occupied in the discharge of the person’s official

duties; while wearing a uniform or official insignia identifying

the office or position of the Agency employee, manager, member,

or Chairman; or using any vehicle owned or leased by the Agency,

or use any equipment or property of the Tribe or the Agency for

the purpose of engaging in or promoting political activity.

(c) Any individual who violates this section shall be

removed from his or her position or otherwise disciplined in the

sole discretion of the Council or its designee, except with

respect to employees or contractors of the Agency, who shall be

removed or otherwise disciplined in the sole discretion of the

Agency or its designee, pursuant to personnel rules established

by the Council or the Agency, and except with respect to the

Regulator, whose removal or discipline shall be consistent with

the provisions of Section 404 (b) (iii) of this Code and the

Secretarial procedures.

SECTION 409 - Standards of conduct for Chairman and members of

Agency and Regulator.

(a) Policy. The Chairman and members of the Agency and the

Regulator shall maintain high standards of honesty, integrity and

impartiality and shall avoid any actions which could reflect

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 20
adversely on the Northern Arapaho Tribe or jeopardize their

fitness for office or effectiveness in dealing with other tribal

officials, other governments or entities, or with the public.

(b) No Interest in Contracts. No Chairman or member of the

Agency and no Regulator shall be financially interested in any

contract, grant, work, business, or other particular matter

administered or controlled by the Agency or the Tribe, unless

such activity is conducted by competitive bid process with such

official first disclosing his/her interest and thereafter having

no participation in the decision on that contract, grant, work,

business, or matter or the performance thereof.

(c) No Interest in Property. No Chairman or member of the

Agency and no Regulator shall be financially interested in the

purchase of any real or personal property of or by the Agency or

the Tribe, except on such terms and conditions as such property

is generally available for sale to, or for purchase from, the

general public or the members of the Northern Arapaho Tribe.

(d) Gifts. No Chairman or member of the Agency and no

Regulator shall solicit or accept, directly or indirectly, any

gift, gratuity, favor or loan from a person who has financial

interests that may be substantially affected by the performance

or non-performance of that official's duties. 

(e) Use of Tribal Property and Moneys. No Chairman or

member of the Agency and no Regulator shall use or receive any

pay or thing of value from the Northern Arapaho Tribe, other than

his/her salary for any work coming within the scope of his/her

duties or reimbursement for reasonable expenses, nor receive or

convert to his/her own use, even temporarily on loan, any

property or money belonging to the Northern Arapaho Tribe for

other than official purposes, nor use tribal purchase authority,

even though reimbursement is made, for personal acquisitions.

(f) Gaming. No Chairman or member of the Agency and no

Regulator shall engage in any gaming at any gaming facility or

operation of the Northern Arapaho Tribe at any time (whether on

or off-duty). 

(g) Sanctions. Any individual who violates this section

shall be removed from his or her position or otherwise

disciplined in the sole discretion of the Council, except with

respect to the Regulator, whose removal or discipline shall be

consistent with the provisions of Section 404 (b) (iii) of this

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October 10, 2012

Page 21
Code and the Secretarial procedures.

CHAPTER 5: FINANCIAL MATTERS

SECTION 501 - Application of net revenues. Net revenues from any

tribal gaming activity are not to be used for any purpose other

than:

(a) to fund tribal or joint-tribal government operations or

programs;

(b) to provide for the general welfare of the Tribe and its

members (including per capitas conforming to the Act at 25 U.S.C.

§ 2710(b)(3));

(c) to promote the Tribe's economic development;

(d) to donate to charitable organizations;

(e) to help fund operations of local government agencies; or

(f) other purposes permitted under the Act.

At least two and one-half percent (2.5%) of the net revenue from

gaming shall be dedicated to the purchase of land by and in the

name of the Northern Arapaho Tribe. Said percentage shall be

calculated based on the prior year’s annual net revenue and shall

be paid by the gaming enterprise(s) directly into a trust account

established for this purpose and managed in accordance with

fiduciary principles. Such payment shall be made in equal

monthly installments or, in the alternative, may be prepaid in

one or more lump sums.

SECTION 502 - Budgets. The Agency shall propose to the Council

an annual operating and capital budget by October 20 of each

year, and may in accordance with the budget employ staff

necessary to fulfill its responsibilities, and with the approval

of the Council may retain legal counsel, consultants, and other

professional services, including investigative services, to

assist it. Such expenses of the Agency shall be assessed against

the gaming operation. The Council shall approve, or modify and

approve, the Agency’s budget by December 31 of each year. The

Council shall provide such funding for the Agency as is

reasonably necessary for the fulfillment of the Agency’s

obligations under this Code.

SECTION 503 - Audits. All gaming authorized under this Code

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 22
shall be audited by an independent certified public accountant,

at least annually, as required under 25 CFR § 522.4(b)(3), and

copies of the annual audit shall be provided to the Council and

the Commission. All gaming-related contracts that result in

purchase of supplies, services, or concessions for $25,000 in any

year (except contracts for professional legal or accounting

services) shall be specifically included within the scope of such

audit. The Agency or Council may call for special audits at any

time.

SECTION 504 - Financial management. Unless otherwise

specifically approved in writing by the Council, all financial

matters of the Agency, including, without limitation, all

purchase orders, payments, financial records, and payroll, shall

be processed through and by the Finance Department of the Tribe

in accordance with general financial procedures approved by the

Council. Gaming enterprise management and the Council shall be

governed by fiduciary or trust principles and the obligation to

exercise due care and prudent business judgment, including the

obligation to avoid a material breach or default of any loan

agreement involving the gaming facilities or gaming assets. 

CHAPTER 6: BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT 

OFFICIALS AND KEY EMPLOYEES.

SECTION 601 - Required background investigations. All primary

management officials and key employees of any class II or III

gaming operation, including the Chairman and members of the

Agency and the gaming manager, shall be subject to background

investigations required by the Act, Commission regulations, this

Code, and Secretarial procedures. Background investigations

shall be conducted at the outset of employment, and shall be

ongoing. The Council may accord responsibility to another entity

with respect to background investigations. Otherwise, the Agency

shall be directly responsible for such investigations.

SECTION 602 - Statement of Responsibilities. The Tribe is

responsible for the conduct of background investigations and

suitability determinations. The Agency shall have primary

responsibility of conducting and causing to be conducted the

background investigations, except that the Council shall have

such responsibility with respect to the Chairman and members of

the Agency. Once an Executive Director of the Agency (or the

Chairman, in his stead) has been fully investigated and approved,

the Agency may delegate to the Director or the Chairman the duty

of conducting or causing to be conducted investigative work

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 23
regarding other key employees and primary management officials,

if any, subject to the review and approval of the Agency. 

Selection of the above approach is based on the necessity of

assuring adequate oversight and investigation of all key

employees and primary management officials.

SECTION 603 - Notices to applicants. Any application forms for a

key employee or primary management official shall include a

privacy notice pursuant to 25 CFR §556.2, a notice regarding

penalties for false statements pursuant to 25 CFR §556.3, and any

other notices required by applicable law.

SECTION 604 - Information from applicants. The Agency shall

obtain from any candidate for primary management official or key

employee at least the following information:

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

security number(s), birth date, place of birth, citizenship,

gender, all languages (spoken or written);

(b) Currently and for the previous 5 years: all business

and employment positions held, ownership interests in those

businesses, business addresses, and drivers license numbers;

(c) 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 subsection (d) below;

(d) Currently and for five (5) previous years: all

residence addresses;

(e) Current business and residence telephone numbers;

(f) A description of any existing and previous business

relationship with Indian tribes, including ownership interests in

those businesses;

(g) A description of any existing and previous business

relationships within the gaming industry, including ownership

interests in those businesses;

(h) 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;

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 24
(i) 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;

(j) For each misdemeanor conviction or ongoing misdemeanor

prosecution (excluding minor traffic violations) for ten (10

previous years, the name and address of the court involved and

the date and disposition;

(k) For each criminal charge (excluding minor traffic

charges), whether or not there is a conviction, for all previous

years until the year the applicant reached the age of eighteen

(18),the criminal charge, the name and address of the court

involved and the date and disposition;

(l) 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;

(m) A photograph;

(n) Any other information the Agency or Council deems

relevant; and

(o) Fingerprints.

SECTION 605 - Rules regarding background investigations.

(a) Confidentiality of third party sources. The Tribe, the

Agency, and all affiliated agents and employees shall keep

confidential the identity of each person interviewed in the

course of a background investigation.

(b) Retention of records. The Agency shall maintain and

retain applications for employment and reports (if any) of

background investigations for at least 3 years from the date made

or date of termination of employment, whichever is later. Such

records shall be made available to the Council or Commission on

request.

(c) Content of investigation report. Background

investigations must be of sufficient quality to enable the Agency

to make a determination under section 604. All relevant

information submitted by the applicant should be verified by

written or oral communication and noted in the report. The

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 25
investigation must include a thorough inquiry into the

applicant's prior activities, criminal record, if any, and

reputation, habits and associations. It must also include

interviews with a sufficient number of knowledgeable people such

as former employers, personal references, and others referred to

in order to provide a basis for the Tribe to make a finding

concerning the eligibility for employment in a gaming operation. 

The disposition of all potential problem areas noted and

disqualifying information obtained must be thoroughly documented. 

An investigative report shall include:

 (i) a statement of all steps taken in conducting the

background investigation;

 (ii) a statement of the results obtained;

(iii) a statement of the conclusions reached by the

investigator; and

 (iv) the bases for those conclusions.

SECTION 606 - Eligibility determinations.

(a) An authorized tribal official 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 a primary management official for granting of a

gaming license. If the authorized tribal official, in applying

the standards adopted in a tribal ordinance, determines that

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

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

dangers of unsuitable, unfair, or illegal practices and methods

and activities in the conduct of gaming, an authorizing tribal

official shall not license that person in a key employee or

primary management official position.

(b) The Tribe's gaming operation shall not employ in a key

employee or primary management official position a person who has

supplied materially false or misleading information or who has

omitted material information required by law.

SECTION 607 - Reporting to the Commission.

(a) Notification regarding background investigations and

eligibility determinations. The Agency shall forward to the

Commission the following with respect to all persons investigated

as candidates for primary management official or key employee:

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 26
 (i) all application information described in section

604 above;

 (ii) the investigative report described in section

605;

(iii) the Agency's eligibility determination described

in section 604; and

 (iv) a notification of the Agency's hiring decision.

(b) Procedure following decision to hire key employee or

primary management official.

 (i) When a key employee or a primary management

official begins work at a gaming operation, the Agency

shall:

(1) Forward to the Commission a completed

application for employment that contains the notices

and information listed in 25 CFR §§ 556.2 (privacy

notice), 556.3 (notice regarding false statements), and

556.4 (background investigations); and

(2) Conduct a background investigation under 25

CFR part 556, and sections 601 through 606 of this Code

to determine the eligibility of the key employee or

primary management official for continued employment in

a gaming operation.

 (ii) Upon completion of a background investigation and

a determination of eligibility for employment in a gaming

operation under this Code, the Agency shall forward a report

under 25 CFR § 556.5(b) and this Code to the Commission

within 60 days after an employee begins work or within 60

days of the approval of this Code by the Chairman of the

Commission. A gaming operation regulated under this Code

shall not employ a key employee or primary management

official who does not have a permanent license after 90

days.

(iii) During a 30-day period beginning when the

Commission receives a report submitted under this Code, the

Chairman of the Commission may request additional

information from the Tribe concerning a key employee or a

primary management official who is the subject of such

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

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 27
until the Chairman receives the additional information.

 (iv) If, within the 30-day period described in the

above subsection, the Commission notifies the Tribe 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 Tribe has provided the

required application and investigative report to the

Commission, the Agency may go forward and issue a license to

such applicant.

 (v) If, within the 30-day period described in

subsection 607(b)(iii) above, the Commission 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 the required

application and investigative report to the Commission, the

Tribe shall reconsider the application, taking into account

the objections itemized by the Commission. The Tribe shall

make the final decision whether to issue a license to such

applicant.

 (vi) If, after the issuance of a gaming license, the

Commission notifies the Tribe that it has received reliable

information indicating that a key employee or primary

management official is ineligible for employment under

applicable law, the Tribe shall suspend the license of such

person and notify in writing the licensee of the suspension

and the proposed revocation. The Tribe shall notify the

licensee of the time and place for a hearing on the proposed

revocation of a license. After a revocation hearing, the

Tribe shall decide to revoke or to reinstate a gaming

license. The Tribe shall notify the Commission of its

decision.

CHAPTER 7: LICENSES

SECTION 701 - Licenses. All gaming employees shall be required

to obtain a tribal license from the Agency, and for that purpose

the Agency shall conduct or cause to be conducted background

investigations of all such persons (who are 18 years of age or

older) or entities and shall deny or revoke such licenses for any

whose prior activities, criminal record, if any, or reputation,

habits, and associations pose a threat to the public interest or

to the effective regulation of gaming, or create or enhance the

dangers of unsuitable, unfair, or illegal practices and methods

and activities in the conduct of gaming. No license shall be

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 28
issued to any person convicted of a felony or gaming offense. No

license shall issue for a term exceeding twenty-four (24) months,

but licenses may be renewed in accordance with rules or

procedures established by the Agency. Temporary licenses may be

issued in accordance with rules or procedures established by the

Agency, but shall expire no later than 90 days after issuance and

may not be renewed.

SECTION 702 - Background investigations. Before issuing a

license to a gaming employee, the Agency shall forward the

results of any background investigation to the Commission.

SECTION 703 - Licensing decision. If the Agency determines, on

the basis of a background investigation and such other

information as it may obtain, that the applicant is qualified for

a gaming license, the Agency shall issue such license. The

Agency may impose any reasonable qualifications on such license

it deems appropriate.

SECTION 704 - Work permits. All persons who are not gaming

employees but work at any facility where authorized gaming occurs

or is supervised or administered, must obtain a non-gaming work

permit. Such work permits shall be issued upon determining that

the employee is not a threat to the effective regulation of

gaming and creates no risk or enhances no danger of unfair or

illegal practices, methods or activities in the conduct of gaming

on the Reservation. All applicants for work permits shall

provide the information required in Secretarial procedures. No

work permit shall be issued to any person convicted of (i) a

gaming offense or (ii)a felony which the Agency determines is a

threat to the integrity or reputation of gaming by the Tribe. In

order to accommodate special circumstances that may apply to

persons under the age of eighteen (18), the Agency may establish

separate rules or procedures for permits to those persons, but

such permits shall expire when the individual reaches the age of

eighteen (18). No permit shall issue for a term exceeding

twenty-four (24) months, but permits may be renewed in accordance

with rules or procedures established by the Agency. Temporary

permits may be issued in accordance with rules or procedures

established by the Agency, but shall expire no later than 90 days

after issuance and may not be renewed.

SECTION 705 - Licensing of vendors, etc. Any person or entity

proposing to sell, lease, or otherwise provide electronic games

of chance, other gaming devices, or gaming services to the Tribe

(including, without limitation, gaming device sales personnel and

technicians) are required to obtain a license from the Tribe. 

Northern Arapaho Title 3 Gaming Code

October 10, 2012

Page 29
The standards with respect to such licenses are the same as those

applicable to gaming employees, except that if applicant is a

corporation, trust, or partnership, applications must be made by

any person or entity holding 10% or more of any beneficial or

legal interest in such entity and, if publicly held, all officers

and directors.

CHAPTER 8: HEARINGS AND APPEALS

SECTION 801 - Licensing decisions. Any person whose application

for a gaming-related license is denied, or whose license has been

suspended or revoked, may request a hearing before the Agency by

written request submitted within 15 days following receipt of

notice of the action of the Agency. The Agency shall hold a

hearing within 30 days of the filing of the request.

SECTION 802 - Patron disputes regarding particular wagers. Any

complaint by a patron regarding a particular wager should be

brought to the attention of the gaming manager or his/her

designee immediately. If the gaming manager or his/her designee

cannot promptly resolve the dispute, he/she shall immediately

contact the Agency or Agency staff, who will take witness

statements and reasonable steps to secure physical evidence, if

any. The patron may request a hearing before the Agency by

written request submitted within 72 hours from the events

complained of, stating the relevant facts and circumstances in

detail. The Agency shall respond and, if necessary, hold a

hearing within 30 days of the filing of the request.

SECTION 803 - Appeal to Tribal Court. Any rulings of the Agency

under sections 801 or 802 above, or assessment by the Agency of a

penalty under chapter 9, may be appealed within 15 days of the

Agency's decision to Tribal Court, in an action naming the Agency

as sole defendant. In any such action, the Tribal Court shall

give appropriate deference to the expertise of the Agency. The

sovereign immunity of the Agency is waived, only with respect to

such action, but only if filing deadlines are strictly followed,

and only to the extent of either an order affirming the Agency's

decision, or:

(a) in a licensing dispute, to an order awarding or

reinstating a license;

(b) in a patron dispute regarding a particular wager, to an

order that a patron is entitled to a jackpot or payoff, or to

return of the wagered amount; or

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(c) regarding assessment of penalties by the Agency, to an

order reversing, abating, reducing, or enhancing that penalty.

The Tribal Court may impose conditions on the above awards

of relief. In no event may the Tribal Court assess pre-judgment

interest, costs, back pay, attorneys fees, or other damages or

relief against the Agency or Tribe. The public interest in the

integrity of gaming is such that the burden of proof with respect

to gaming issues, especially regarding fitness for licensing,

shall be by clear and convincing evidence and shall be upon the

individual or entity challenging the Agency. All determinations

of the Tribal Court under this section are final, and subject to

no further appeal.

SECTION 804 - Confidential information. Where Agency action is

based upon confidential information, which may not as a matter of

law or policy be disclosed to the aggrieved person, such

circumstances shall not be grounds for reversal of the Agency's

decision, and the aggrieved person shall have no right to such

confidential information in proceedings before either the Agency,

Tribal Court, or any other forum.

SECTION 805 - Hearing procedures. The Agency, Council, or Tribal

Court may adopt such additional procedures and rules for the

conduct of hearings as either deems necessary or convenient so

long as they are consistent with this Code and other provisions

of applicable law.

CHAPTER 9: PROHIBITED ACTS AND PENALTIES

SECTION 901 - Prohibited acts. It shall be a violation of this

Code for any person within the Tribe's jurisdiction to:

(a) Conduct or participate in any Class II or III gaming

operation on the Reservation other than at gaming facilities

licensed by the Northern Arapaho and/or Eastern Shoshone Tribe,

unless otherwise permitted pursuant to section 302.

(b) Receive, distribute, apply, or divert any property,

funds proceeds, or other assets of the gaming operation to the

benefit of any person except as authorized by this Code,

Secretarial procedures, or the Act.

(c) Tamper with any equipment used in the conduct of tribal

gaming operations, or do any other act in connection with tribal

gaming operations, with the intent to cause any person to win or

lose any wager other than in accordance with the publicly

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announced rules of such gaming operation.

(d) Alter or misrepresent the outcome or other event on

which wagers have been made after the outcome is made sure but

before it is revealed to the players.

(e) Place, increase, or decrease a bet or to determine the

course of play after acquiring knowledge not available to all

players of the outcome of the game or any event that affects the

outcome of the game or which is the subject of the bet, or to aid

anyone in acquiring such knowledge.

(f) Claim, collect, or take, or attempt to claim, collect or

take, money or anything of value in or from a gaming device,

machine, or dispenser with intent to defraud, without having made

a wager, or to claim, collect, or take an amount greater than the

amount won.

(g) Place, increase, or reduce a bet after acquiring

knowledge of the outcome of the game or other event which is the

subject of the bet, including past-posting, pressing, and

pinching bets.

(h) Manipulate, with the intent to cheat, any component of

an electronic gaming device, machine, or dispenser in a manner

contrary to the designed and normal operational purpose for the

component.

(i) Use other than coins or tokens approved by the Agency or

other lawful legal tender, or use a coin not of the same

denomination as the coin is intended to be used in the gaming

device.

(j) Possess or use any device or means to cheat while at the

gaming facility.

(k) Behave in a threatening, disorderly, or disruptive

manner or disturb the peace at any tribal gaming facility.

(l) Engage in class II or III gaming if under the age

permitted for gaming by Secretarial procedures or assist, permit,

or facilitate gaming by such person.

SECTION 902 - Penalties. Any person within the jurisdiction of

the Tribe, who violates any provision of this Code, including the

provisions of Secretarial procedures, shall be subject to civil

penalties including exclusion from employment or other

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involvement with any tribal gaming operation, denial or

revocation of a tribal gaming license, exclusion from attendance

at any tribal gaming facility, exclusion from the Reservation if

a non-member of the Tribe, or, with respect to any person subject

to the criminal jurisdiction of the Tribe, a fine of not more

than $5,000 for each such violation. The Agency established

pursuant to this Code shall have the jurisdiction to impose any

such penalties on any person within the jurisdiction of the

Tribe, except with respect to exclusion from the Reservation,

which the Agency may recommend for action by the Joint Business

Council.

History: 1995. Title 3. The Northern Arapaho Gaming Code was enacted by the

Northern Arapaho Tribe by resolution of the Northern Arapaho Business Council

dated October 26, 1995, Resolution No. 1995-7386. The Code was subsequently

approved by the National Indian Gaming Commission. The Code was re-codified

as Title 3 of the Northern Arapaho Code (N.A.C.) without substantive change on

June 6, 2000, by NABC Resolution No. 2000-8291. Sections 201, 302, 401-405,

502-503, 601-602, 604-605,607, 701, 703-705, 802-804, and 901-902 were amended

and sections 406-408 and 504 were added by resolution of the NABC on

August 21, 2001, Resolution No. 2001-8444, and were approved by the NIGC on

November 30, 2001. Two technical amendments corrected internal code citations

by resolution of the NABC on January 3, 2002, Resolution No. 2002-8492.

Sections 201, 304-306, 401, 403-404, 407, 502, 601, 704, 901 and 902 were

amended by resolution of the NABC on July 11, 2005, Resolution No. 2005-8923

(effective on the date of NIGC approval), and were approved by the NIGC on

September 29, 2005. Section 404 was drafted in cooperation with the NIGC and

as part of the Class III gaming procedures prescribed for the Tribe by the

Secretary of the Interior on September 21, 2005, pursuant to 25 U.S.C.

2710(d)(7)(B)(vii). Sections 407(b) and 604(o) were amended by resolution of

the NABC on July 19, 2006, Resolution No. 2006-9115 and were approved by the

NIGC on October 10, 2006. Sections 404(b)(vi), 701, and 704 were amended by

resolution of the NABC on January 15, 2008, Resolution No.2008-9884 and were

approved by the NIGC on April 4, 2008. Sections 104, 404(a)(iv), 406(b) and

504 were amended by resolution of the NABC on December 17, 2009, Resolution

No. 2009-068 and were approved by the NIGC on February 22, 2010. Section 501

was amended by resolution of the NABC on November 22, 2010, Resolution No.

NABC-2010-123, and was approved by the NIGC on February 18, 2011. Sections

306, 404(a)(ii), 407, 408, 409, 701, 704 and 803 were amended by resolution of

the NABC on September 20, 2011, Resolution No. NABC-2011-176, and approved by

the NIGC on December 19, 2011. Sections 301, 304, 402(b),(n), 404(a),(b)(c),

and 407(a),(b) were amended by resolution of the NABC on August 3, 2012,

Resolution No. NABC-2012-218, and Sections 603, 604 and 606 were amended to

comply with federal regulations on October 10, 2012, Resolution No. 2012-231,

and approved by the NIGC on ___, 2012.

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