OCT 9 1996 

Nelis S. Captain 

First Chief 

Eastern Shawnee Tribe of Oklahoma 

P.O. Box 350 

Seneca, MO 64865 

Dear Chief captain: 

This letter responds to your request to review and approve 

the amendment to the tribal gaming ordinance of the Eastern 

Shawnee Tribe of Oklahoma (Tribe). The amendment to the 

ordinance was adopted by the Tribe by Resolution No. 62596-1 on 

June 25, 1996. This letter constitutes such approval under the 

Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian 

Gaming Commission (NIGC), the Chairman is directed to review 

amendments to ordinances with respect to the requirements of the 

IGRA and the implementing regulations. Thus, the scope of the 

Chairman's review and approval is limited to the requirements of 

the IGRA and the NIGC regulations. 

Thank you for submitting the amendment to the tribal gaming 

ordinance of the Eastern Shawnee Tribe of Oklahoma. The NIGC 

staff and I continue to look forward to working with you and the 

Tribe in implementing the IGRA. 

Sincerely you~q, 

1441 L STREET, N.W. 9TH FLOOR WASHINGTON, D.C. 20005 TEL: 202-632-7003 FAX: 202-632-7066 
EASTERN SHAWNEE TRIBE 

OF OKLAHOMA 

P.O. Box 350 Seneca, MO 64865 (918) 666-2435 FAX (918) 666-3325 

RESOLUTION 

RESOLUTION NUMBER 62596- 1 

GAMING CODE AMENDMENT NO. 1 

WHEREAS, the Eastern Shawnee Tribe of Oklahoma is an "Indian Tribe" as that term is 

defined in the Indian Gaming Regulatory Act, 25 U.S.C. 4 2703(5), 

WHEREAS, the ~usines; Committee of the Eastern Shawnee Tribe of Oklahoma Tribe is 

generally r(sponsible for the general welfare, health, education, and 

economic development of the members of the Tribe and their land, including 

raising revenues through gaming activities needed to carry out these 

responsibilities, and 

WHEREAS, the Indian ~arnin~ Regulatory Act authorizes Tribes, under certain conditions, 

to license and regulate Class 111 garning activities, on Indian lands, owned by any 

person or entity other than the Indian Tribe, and 

WHEREAS, the Business Committee of the Eastern Shawnee Tribe of Oklahoma has 

determined that it is in the best interests of the Tribe to amend the Eastern 

Shawnee Gaming Code of December 7, 1994 to permit the Tribe to license and 

regulate Class 111 gaming activities, on Indian lands, owned by a person(s) or 

entity(ies) other than the Tribe, 

NOW THEREFORE BE IT RESOLVED, that the Tribe hereby adopts and enacts 

Amendment No. 1 to the Eastern Shawnee Gaming Code of December 7, 1994, as follows: 

1. The second sentence of Section 1002 is amended to read: 

Class I11 gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-447, 

25 U.S.C. : 9 2703(8), and by regulations promulgated by the National Indian 

Gaming Commission, is authorized only to the extent allowed by such law and 

pursuant t6 an approved Tribal-State Compact, if such a compact is required by 

Federal law. 

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2. Section 10'03 is amended to read: 

Except as provided in section 1036, the Tribe shall have the sole proprietary 

interest in 'and responsibility for the conduct of any gaming operation authorized by 

this Ordinance. 

3. Section 1007 D is amended to read: 

The Tribe 'shall review a person's prior activities, criminal record, if any, and 

reputation; habits, and eligibility of a key employee or primary management official 

for emplohent in a gaming operation. If the Tribe determines that employment of 

the perso* poses a threat to the public interest or to the effective regulation of 

gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices 

and methods and activities in the conduct of gaming, a Tribal or individually 

owned gabing operation shall not employ that person in a key employee or 

primary management official position. 

4. Section 10 12 is amended to read: 

A. Geng Commissioner may be removed from office by a vote of five (5) or 

more of the Business Committee in a regular or Special meeting if helshe is 

convicted of any felony or crime involving dishonesty in a court of law or is 

found guilty of moral turpitude, gross neglect of duty, malfeasance in 

office, or misconduct reflecting on the dignity and integrity of the Tribal 

government. 

5. Section 10 16 C is amended to read: 

Design and describe procedures to issue Tribal licenses to primary management 

officials, gey employees, and individually owned gaming operation. 

6. Section 101 8 A is amended to read: 

In adopting, amending or repealing any regulations under this code, the Gaming 

Commissioner shall give a minimum of five (5) days notice of proposed regulations 

changes to all key employees, primary management officials, the chief executive 

officer of any individually owned gaming operation, and the members of the 

Business Committee and the Chief. 

7. The first, second and third sentences of Section 1020 are amended to read: 

Excpect as provided in paragraph G of this section, the Gaming Commissioner 

shall have the right to immediately suspend any licensee, employee, or participant 

in gaming for violation of any Tribal Regulations, Tribal Compact, Tribal 

Ordinance, Federal Regulations or Federal Law. Such suspenqion shall be for a 

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period of not more than ninety (90) days for licensees or employees and not more 

than two (2) years for participants in gaming. An individual licensee or employee 

who has had Hisher license suspended by the Gaming Commissioner shall: 

8. Section 1020 A is amended to read: 

Be entitled t4 a hearing before the Gaming Commissioner within fourteen (14) 

days of the suspension and shall be provided with written notice at least ten (10) 

days prior to the hearing date. The notice shall contain the date, time and place of 

the hearing and shall also contain a concise statement of the alleged violation and 

the specific facts concerning the alleged violation. 

9. Section 10201 E is amended to read: 

Following the hearing, the Gaming Commissioner shall issue in writing an order 

regarding the subject within seven (7) days, or the matter shall be deemed 

dismissed. A final suspension order shall be made if, upon examination of all of the 

evidence presented, the Gaming Commissioner has reasonable cause to believe that 

an individual licensee or employee has violated any Tribal Regulations, Tribal 

Compact, Tribal Ordinance, Federal Regulations or Federal Law. If the Gaming 

Commissioner determines that there is not reasonable cause to believe that an 

individual lidensee or employee has committed a violation, the individual licensee 

or employee shall be reinstated immediately and shall receive the compensation for 

the period during which helshe was suspended. If a suspension order is made 

which helshe would have received, it shall state: 

I. I The specific violation of law or regulation of the subject, and 

2. ' The suspension period imposed, stating the beginning date and the 

concluding date of the suspension. 

10. A new section 1020 G is added and shall read: 

Whenever the Gaming Commissioner has reasonable cause to believe that a 

licensed individually owned Class I11 gaming operator has violated Tribal 

Regulations, Tribal Compact, Tribal Ordinance, Federal Regulations or Federal 

Law, the Gaming Commissioner shall describe his findings in a report to the 

Business Committee that includes a statement of the alleged violation, a detailed 

statement ofthe basis for the Gaming Commissioner's conclusion that a violation 

has occurreh, a detailed statement of the gaming operator's response to the 

allegation that a violation has occurred, and recommendations for appropriate 

corrective action. The Business Committee shall independently review the 

circumstances giving rise to the Gaming Commissioner's conclusion and, after 

providing the gaming operator the opportunity to appear in person, or through a 

representative, before the Business Committee to respond to the allegation that a 

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violation has occurred, including the presentation of any pertinent documentary or 

witness e4dence, shall determine whether a violation warranting corrective action 

has occurred and, if so, shall approve the appropriate corrective action. 

1 1. Section 102 1 is amended to read: 

All persons subject to a suspension order shall be excluded from the gaming 

enterprise auring such period of suspension. The Gaming Commissioner shall have 

the authority to direct gaming enterprise security to enforce the exclusion of any 

person suspended pursuant tot he terms of Section 1020. 

12. Section 1032 B is amended to read: 

The Commissioner shall review any background check report issued to the Tribe. 

The Commissioner shall share any information revealed by such checks to the 

manager of the Tribal or individually owned gaming hall(s) which in the 

Commissioner's judgment affects the consideration of an individual for 

employment. 

13. Section 1035 B is amended to read: 

Such licenses shall be issued when the results of background investigations are 

available to the Commissioner and such reports indicate that the individual is of 

appropriaie character to participate in a Tribal or individually owned gaming 

enterprise. 

14. Section 1035 C is amended to read: 

The ~omhissioner may assess such license fee as may be necessary to defray the 

~ornmissioner's costs in securing a background investigation and issuing any 

license. 

15. A new section 1036 is added and shall read: 

Licensinnand Remlating Non-Tribally Owned Class 111 Gaming 

A. Authority to License and Regulate 

The Tribe may license and regulate a Class I11 gaming operation on Indian 

lids that is owned by a person or entity other than the Tribe. 

B. License Requirements 

1. Whenever the Tribe licenses an individually owned Class 111 gaming 

operation on Indian lands of the Tribe, the Tribe, in addition to any 

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applicable licensing requirements provided in this Ordinance and 

any Regulations promulgated pursuant thereto, shall impose upon 

the licensee of such gaming operation such other licensing 

requirements as may be necessary to assure that the Tribe's 

licensing requirements are in the aggregate at least as restrictive as 

those established by State law governing similar gaming within the 

jurisdiction of the State within which such Indian lands are located. 

2. No person or entity, other than the Tribe, shall be eligible to receive 

: a Tribal license to own a Class 111 gaming operation conducted on 

Indian lands within the jurisdiction of the Tribe if such person or 

entity would not be eligible to receive a State license to conduct the 

i same activity within the jurisdiction of the State. 

3. An individually owned Class I11 gaming operation conducted on 

Indian lands within the jurisdiction of the Tribe shall apply the 

standards of the State, such as those with respect to purpose, 

entity, pot limits and hours of operation, within which such Indian 

lands are located. 

C. Use of Gaming Revenue 

Income received by the Tribe from any gaming operation licensed pursuant 

to 'this section shall be used only for the purposes described in Section 

1 do4 of this Ordinance. 

D. Licensee Pavment to the Tribe 

Any individually owned gaming operation licensed pursuant to this Section 

shall pay to the Tribe not less than 60 percent of the net revenues of such 

gaming operation. The Business Committee shall determine the exact 

percentage of net revenues to the Tribe and shall include such percentage 

in the license issued to such gaming operation or in an agreement entered 

into with the owner and operator, if different than the owner, of such 

gaming operation. Any individually owned gaming operation licensed 

pursuant to this Section shall not be subject to the gross revenues tax 

prbvided for in Section 1028 of this Code and in the tax code or to any 

license or other fees. 

E. National Indian Gaming Commission Assessment 

The owner of any gaming operation licensed pursuant to this Section shall 

pay to the National Indian Gaming Commission the assessment required by 

25 C.F.R. § 514.1. 

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I 

I CERTIFTCATION 

We do hereby certi@ that the foregoing Resolution was duly presented and enacted upon at the 

'&q~.+l#~ meeting of the Business Committee of the Eastern Shawnee Tribe of Oklahoma, duly 

called and held on o G- 2 5- Ci 6 . The vote reflecting for, %against, aabstaining. 

~asw~hawnee Tribe of Oklahoma 

Glenna Wallace, Secretary 

Eastern Shawnee Tribe of Oklahoma 

I EXECUTIVE BRANCH 

Voted: (Yes 3, (NO ~ate6-2 6 4 b Time: / 53 7 h A w&k9 I Nelis S. Captain, Chief 

Eastern Shawnee Tribe 

of Oklahoma 

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