JUN - 2 19$14, 

George W. Bearpaw 

Director of Tribal operations 

Cherokee Nation of Oklahoma 

P.O. Box 948 

Tahlequah, Oklahoma 74465 

Dear Mr. Bearpaw: 

This letter responds to your request to review and approve the 

class I1 tribal gaming ordinance adopted by the Cherokee Nation 

of Oklahoma (the Nation) on April 11, 1994. 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 ordinances 

with respect to the requirements of the IGRA and the implementing 

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

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Such approval 

does not constitute approval of specific games. Also; the gaming 

ordinance is approved for gaming only on Indian lands as defined 

in the IGRA. 

It is important to note that while we have approved the Nation's 

gaming ordinance, the Nation must still submit a description of 

procedures for conducting background investigations on key 

empioyees and primary management officials as discussed with the 

NIGC staff. 

With the Chairman's approval of the Nation's gaming ordinance, 

the Nation is now required to conduct background investigations 

on its key employees and primary management officials. The NIGC 

expects to receive a completed application for each key employee 

and primary management official pursuant to 25 C.F.R. 5 556.5(a) 

and an investigative report on each background investigation 

before issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. S 556.5(b). 

--. -. - . - - - . - . -- .- . - . . -- _.-- . --. - -. - -- 1850 M STREET. N W.. SU!TE 250 WASL!I:tIGTO!\i -. 3C. ;:?i:?rj -. 'i.EL 202-632.7003 -- -- FAX 202-632-7066 - 
Thank you for submitting the ordinance of the Cherokee Nation of 

Oklahoma for review and approval. The NIGC staff and I look 

forward to working with you and the Nation in implementing the 

IGRA. 

Sincerely yours, 

Anthony J. Hope 

Chairman 

cc: David A. Mullon, Jr. 

Director of Law & Justice 

Cherokee Nation of Oklahoma 

P.O. Box 948 

Tahlequah, Oklahoma 74465 
' ative Act 1 -94 PASSED 

ACT AMENDING THE 

CHEROKEE NATION TRIBAL GAMING ACT; PROVIDING 

FOR THE REGULATIONS AND LICENSING OF GAMING ON LANDS 

UNDER THE JURISDICTION OF CHEROKEE NATION; AND 

DECLARING AN EMERGENCY 

BE IT ENACTED BY THE CHEROKEE NATION: 

Section 1: Section 1 of the Cherokee Nation Tribal Gaming Act (4 CNCA 81) is amended to 

read as follows: 

Section 1. Title and Codification 

This enactment shall be known as the "Cherokee Nation Tribal Gaming Act' 

and shall be codifed cu Tirle IV, Sections 1 - 53 of the Cherokee Nation Code 

Annorored. 

Section 2: Section 2 of the Cherokee Nation Tribal Gaming Act (4 CNCA $2) is amended to 

read as follows: 

Section 2. Purpose 

The purpose of this Act is: 

A. To regulate the conduct of gaming owned and operated by the Cherokee 

Nation, or its officially licensed agents, on tribal lands of the Cherokee Nation, 

(hereafter referred to as Cherokee Nation) in compliance with Public Law 100- 

497, October 17, 1988, 102 Stat. 2467. 

B. To provide a basis under tribal law for the regulation of gaming by the 

Cherokee Nation adequate to shield it from organized crime and other corrupting 

influences; 4 to insure that Cherokee Nation is the pikwy 

tmekkq sole beneficial owner of the gaming operation; 4 to assure that 

gaming is conducted fairly and honestly by the tribe, its agents, and the players; 

an& to implement the Indian Gaming Regulatoty Acr, 25 U.S. C. 882701, &g~. 

('IGRA*), and the regularionr of the National Indian Gaming Commission 

(*NIGCm) at 25 C. F. R. Pans 500 c~ga. 

Sation 3: A new Section 3 is hereby added to the Cherokee Nation Tribal Gaming Act to read 

as follows: 

Section 3.0 LegisMve History 

(a) IGRA was enacred on October 17, 1988, es~abljshing the NIGC. Under 

the IGRA, the NIGC is charged with regulating Class 11 gaming and cenain 

aspects of Class 111 gaming. 

(b) l& NIGC adopted certain regulations in Choprer 111 of Tirle 25, Code of 

Federal RegulmMom (Pans 500-599), to provide purpose and scope, procedures 

for service of NIGC defennimionr, requiremetus for submirring new and erisring 

gaming ordinances to rhe Chairman for approval, requiremetus for background 

investigations on primary management oficials and key employees, and 

requiremenrs for licensing employees of lndian gaming operations. 

- - - . . . . 
(c) Cherokee Nation enacted Legislative Act 3089, on April 8, 1989, known 

as the 'Cherokee Nation Tribal Gaming Act,' to regulate the conduct of gaming 

owned and operated by the Cherokee Narion. 

(d) On October 22, 1990, the Cherokee Narion amended the Gaming Act with 

Legislorive Act 9-90, to comply with P.L. 1W497, October 17, 1988, 102 Stat. 

2467, and to establish the Cherokee Nation Gaming Commission. 

Section 4: Former Section 3 of the Cherokee Nation Tribal Gaming Act, 'Definitions' (4 

CNCA #3), is renumbered Section 4 and amended to read as follows: 

Section 4. Definitions 

For the purposes of this Title: 

A. The "Nation" means the Cherokee Nation. 

B. 'Person" means any natural individual, company, partnership, firm, joint 

venture, association, corporation, estate, political entity, or other 

identifiable entity to which this Title can be applied. 

C. 'Restricted Individual Lands" means any lands the title to which is either 

held in trust by the United States for the benefit of any individual citizen 

of the Nation or held by any individual citizen of the Nation subject to 

restriction by the Nation over which the Nation exercised governmental 

power. 

D. 'TtiM Indian Lands" means: 

Land over which Cherokee Nation exercises govemenral power and thar 

is eithera) Held in trust by the United Stares for the benefit of Cherokee 

Nation or any member of Cherokee Narion; or 

b) Held by Cherokee Nation or any member of Cherokee Nation 

which is subject to restriction by the United Stares against 

alienarion. 

E. 'Class I Gaming' means social games solely for prized 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. 

F. 'Class 11 Gaming' means bingo or lotlo (whether or not electronic, 

compurer, or other technological aidr are used) when playen: 

1) Play for prizes with cards bearing numbers or other desigmions; 
2) Cover numbers or designarions when object, similarly numbered or 

designated, are drawn or elecrronically determined; and 

3) Win rhe game by being rhe firs1 person to cover a designared patrern 

on such cards. 

Ifplayed in the same location as bingo or lorto, Class 11 gaming includes 

(a) pull-tabs, punch boards, rip jars, instant bingo, and other games similar 

to bingo; and (b) non-banking games thar (I) stare law explicitly aurhorizes, 

or does not erplicitly prohibir, and are played legally anywhere in the stare; 

and (2)players play in confonniry with stae laws and regulations concerning 

hours, perid of operaion, and limirarions on wagers and pot sizes. 

Class 1I Gaming does nor include any banking card games, including 

baccarat, chemindefer, or black jack (21), or electronic or elecrromechanical 

facsimiles of any game of chance or slot machines of any kind. 

G. lk term 'license" means: 

I) in connection with a gaming faciliry, a license issued by rhe Cherokee 

Nation Gaming Commission awhoriting rhe operation of a gaming 

faciliry or a panicular locarion owned and operated by rhe Narion; and 

2) in connecrion with an individual person, a license issued by the 

C7lerokee Narion Gaming Commission aurhorizing the person to be 

engaged ar an employee or management oflcial of a licensed gaming 

facility. 

Section 11: Section 11 of the Cherokee Nation Tribal Gaming Act (4 CNCA 81 1) is hereby 

amended to read as follows: 

Section 11. Establishment of Chemkee Nation Gaming Commission 

The Cherokee Nation Gaming Commission is hereby established as a part of 

the Executive Branch of the government of the Nation in order ro carry ow [he 

Nation 's responsibiliries under IGRA and the NIGC's regularions or 25 C. F. R. 

88501 u. and to impleme~ rhe provisions of rhis Acr. Provided, however, 

all acrions and regularions of rhe Cherokee Naion Gaming Commission shall be 

consisrent with the provisions of rhis Acr, all orher laws and resolwions of rhe 

Cherokee Narion Council, and the Constiturion of Cherokee Nation. 

Section 12: Section 12 of the Cherokee Nation Tribal Gaming Act (4 CNCA $12) is hereby 

amended to read as follows: 

Section 12. Membership 

A. The Cherokee Nation Gaming Commission shall consist of no less than 

three (3) members of the Cherokee Nation to be appointed by the Principal Chief 

of the Cherokee Nation and approved by the Tribal Council of the Cherokee . . Nation. 5 :wd 

B. To be eligible to serve as a commissioner, a person must (1) be at least 

25 years of age; (2) have a bachelor's degree from a college or university or its 

equivalent; (3) be of high moral character or integrity; (4) never have been 

convicted of a criminal offense other than misdemeanor traffic offenses; and (5) 

be physically able to carry out the duties of office. 
C. The Principal Chief shall, at the time of making the initial appointment 

and also at the time of making each appointment to fill a vacancy on the 

Commission as provided herein, designate one member to serve as Chairman, one 

member to serve as Vice Chairman, and one member to serve as Secretary. 

D. The terms of office of the Cherokee Nation Gaming Commission shall be 

three years; provided, however, that in order to stagger the expiration of terms 

of office, one of the first group of Commission members appointed hereunder 

shall be appointed for a term of one year, one for a term of two years, and one 

for a term of three years. Provided, however, the amendmenfs set forth in this 

Legislative Act 1-94 shall not afect the tern of ofice of the persons who 

are members of the Cherokee Narion Gaming Commission as of the effective date 

of this Act. 

E. Commission members shall serve their terms of office free from political 

influence from any department of the government of the Nation and may be 

removed only for cause, after a hearing by the Judicial Appeals Tribunal under 

such rules and procedures as prescribed by the Council. A petition for removal 

for cause may be brought by a vote of the majority of Tribal Council members, 

or the Principal Chief. Except as authorized under the Constitution of the 

Cherokee Nation, no member of the Cherokee Narion Gaming Commission shall, 

directly or indirectly, solicit, receive, or in any manner be concerned in soliciting 

or receiving any assessment, subscription, or contribution for any political 

organization, candidacy, or other political purpose. No member of the Cherokee 

Nation Gaming Commission shall be a member of a committee of a partisan 

political club, or a candidate for nomination or election to any paid tribal office, 

or take part in the management or affairs of any tribal political party or in any 

political campaign, except to exercise his or her right as a citizen privately to 

express his or her opinion and to cast his or her vote. 

F. In the event of a vacancy in the membership of the Cherokee Nation 

Gaming Commission, the Principal Chief shall, within twenty days of the 

occurrence of the vacancy, fill such vacancy for the unexpired term, subject to 

confirmation by a majority vote of the Council. 

G. The Cherokee Narion Gaming Commission shall have the power to . . generally oversee 

the licensing of all gaming operarions and the conduct of such 

operations in order to ensure compliance with this Act and any regulations 

adopted and orders issued by the commission. The Cherokee Nation Gaming 

commissioners emmkh shall s&m&+e each execute a conflict of interest 

provision disclosing potential unethical situations. 

H. The Cherokee Nation Gaming Commission be charged with the sole 

responsibilities of administering and enforcing the provisions of this Act. 

I. It shall be the responsibility of the Cherokee Narion Gaming Commission 

to promulgate regulations necessary to administer and implement the provisions 

of this Act. lk Cherokee Narion Gaming Commission's regularions shall include 

but not be limited to (I) procedures for conducting background investigarions of 

key employees and primary management oficials (as those tern are herei~fler 

defined); (2) procedures for issuing licenses to such employees and oflcials: (3) 

procedures for resolving gaming disputes between the gaming public and a 

licensed gaming facility; (4) procedures ensuring compliance wirh NIGC 

regulations requiring payment of annual fees to, andjiling quarterly repons wirh, 

the NIGC; and (5) procedures ensuring tha all gaming facilities are in 

compliance with the federal Privacy Act procedures as required by NIGC 

regulations. Such regularions may require licensees to adopt gaming dispurcresolution procedures, subject to Commission approval, with a rig& of appeal to 
the Cherokee Narion Gaming Commission. In resolving such gaming disputes on 

appeal or orhenvise rhe Cherokee Narion Gaming Commission may receive wrirren 

statements, aJ7davits, or other marerials from rhe ponies to said dispute or their 

witnesses and in its discrelion may order one or more hearings to rake oral 

staremenrs or restimony. Any decision of rhe Cherokee Nation Gaming 

Commission in resolving such gaming disputes shall be in writing and may be 

appealed by the panies to the Judicial Appeals Tribunal by filing a writren notice 

of appeal and a sraremeru of rhe growds therefor within 30 days of the dare of 

receipt of the Commission's decision in accordance with Secrion 19 of this Act. 

AN decisions on appeal by the Judicial Appeals Tribunal, and any decision by the 

Cherokee Nation Gaming Commission for which a timely Norice of Appeal has not 

been filed, shall be final. 

J. The duties of rhe Cherokee Nafion Gaming Commission shall include, but 

not be limited to, the following: 

1. Printing and making available application forms for initial and renewal 

licenses, as well as any other licenses or tax return forms. 

2. Supervising the collection of all fees and taxes prescribed by this Act. 

3. Processing all license applications and tax returns which will be submitted 

under oath. 

4. Issuing of licenses. 

5. Determining applicable license fees. 

6. Auditing all returns and causing audits to be performed pursuant ro IGRA 

and NIGC regulations. 

7. Reviewing all records, documents, and anything else necessary and 

pertinent to the financial accountability of licensees or enforcement of any 

provision of this ordinance. 

8. Reviewing for approval or denial any application or licensee, and limiting 

conditions to suspend or restrict any license. 

9. Proposing fines as needed for violarions of this Act and/or regularions 

issued by Cherokee Nation Gaming Commission. 

Section 13: Section 13 of the Cherokee Nation Tribal Gaming Act (4 CNCA 9 13) is amended 

to read as follows: 

Section 13. l4w&wes Oppottunitfes for Hearing 

The Cherokee Narion Gaming Commission shall afford an applicant for a 

license an opportunity for hearing prior to any final action denying such 

application and shall afford a licensee or any other person subject to this 

ordinance the opportunity for a hearing prior to taking any final action resulting 

in denying, terminating, revoking, suspending, or limiting a license or any other 

adverse action the commission deems appropriate; provided, the &eew 

Cherokee Nation Gaming Commission may summarily temporarily suspend or 

extend suspension of licenses for sixty (60) days in those cases where such action 

is deemed appropriate by the &eew Cherokee Nation Gaming Commission. In 

case. where a license is suspended prior to hearing, an opportunity for a hearing 

shall be provided promptly after suspension or the request of the licensee. 7hc 

Ckrokee Narion Gaming Commission is authorized to adopt rules and 
regulations, consisrent wirh this Act, governing the conduct of any and all 

hearings before the Cherokee Notion Gaming Commission as well as the process 

of issuing, modthing, conditioning, suspending, or revoking any license. 

Seaion 14: Section 14 of the Cherokee Nation Tribal Gaming Act (4 CNCA $14) is amended 

to read as follows: 

Section 14. Preliminary Determination 

Whenever, upon preliminary factual finding, the Cherokee Nation Gaming 

Commission determines that any person has failed to comply with the provision 

of this Act or any regulations promulgated hereunder, the Cherokee Nation 

Gaming Commission shall make a certification of findings with a copy thereof to 

the subject or subjects of that determination. After five (5) days notice, and 

within thirty (30) days thereof, the committee shall hold a hearing at which time 

the sttejeet affecred person or licensee shall have an opportunity to be heard and 

present evidence. The commission shall have the sp&k+M authorify to enjoin 

and restrain illegal activities. 

Section IS: Section 15 of the Cherokee Nation Tribal Gaming ct (4 CNCA $15) is amended to 

read as follows: 

Section IS. Hearing 

At such hearing it shall be the obligation of the &yet applicant or licensee 

to show cause why the preliminary determination is incorrect, why the application 

in question should not be denied, why the license or licenses in questions shall not 

be revoked or suspended, why the period of suspension should not be extended, 

or to show cause why special conditions or limitations upon a license should not 

be imposed, to show cause why any other action regarding any other person or 

persons subject to any action should not be taken. 

Section 16: Section 16 of the Cherokee Nation Tribal Gaming Act (4 CNCA $16) is amended 

to read as follows: 

Section 16. Additional Powers of Cherokee Nation Gaming Commission 

The Cherokee Nation Gaming Commission shall be empowered with all 

necessary powers of control over all such entities and persons as would normally 

fall within the purview of such Cherokee Nation Gaming Commission, or of those 

entities over which specific control is granted to the Cherokee Nation Gaming 

Commission by the Council. Without limiting the generality of the foregoing 

statement, the Cherokee Nation Gaming Commission or any member thereof, in 

the performance of its duties as defined by law, shall have the power to 

administer oaths, to conduct hearingsm 

under this e& Act, and to compel the attendance of 

witnesses and the production of the books, records, and papers of any person, 

form, association, or corporation within the jurisdiction of the Nation for the 

purpose of the enforcement, assessment, or collection of any tax. 
Section 17: Section 17 of the Cherokee Nation Tribal Gaming Act (4 CNCA 817) is amended 

to read as follows: 

Section 17. Limitations-Recommendations 

The Cherokee Norion Gaming Commission shall exercise only that authority 

granted herein, but may make additional recommendations to the Council at any 

time it deems proper. 

Section 18: Section 18 of the Cherokee Nation Tribal Gaming Act (4 CNCA 818) is amended 

to read as follows: 

Sectlon 18. Salaries 

The annual compensation, payable monthly, of the Chairman, Vice Chairman, 

and Secretary-Member of the Cherokee Nafion Gaming Commission shall be as 

determined in accordance with the Annual Budget Appropriation. 

Section 19: Section 19 of the Cherokee Nation Tribal Gaming Act (4 CNCA $19) is amended 

to read as follows: 

Section 19. Appeals 

A, The Judicial Appeals Tribunal shall have exclusive jurisdiction to hear 

appeals from final decisions of the Cherokee Narion Gaming Commission 

knying, mod~Bing, conditioning, or revoking any license. 

B. Any afected pany may appeal any final decision of the Cherokee Narion 

Gaming Commission within 30 days after such decision by filing a notice of 

appeal with he Cherokee Nation Gaming Commission and serving a copy to the 

Nation. Thereafter the Cherokee Nprion Gaming Commission shall promptly file 

the full record of the proceeding, including the notice of appeal, with the Judicial 

Appeals Tribunal. 

C. In all appeals, the Judicial Appeals Tribunal shall give proper deference 

to the administrative expertise of the Cherokee Narion Gaming Commission. The 

Judicial Appeals Tribunal shall not set aside, modify, or remand any 

determination by the Cherokee Narion Gaming Commission unless it finds that the 

determination is arbitrary and capricious, unsupported by substantial evidence or 

contrary to law. The Judicial Appeals Tribunal shall issue a written decision on 

all appeals, which decision shall be final. 

D. The Judicial Appeals Tribunal may, in its discretion, award costs and 

attorneys' fees to the Nation against any appellant whose appeal was frivolous, 

malicious, or in bad faith. Such fees shall be assessed and collected as a tax 

imposed under this title. 

Section 20: Section 20 of the Cherokee Nation Tribal Gaming Act (4 CNCA 820) is amended 

to read as follows: 

Sectlon 20. Finality of Commission or Judicial Appeals Tribunal action 

Any final finding or determination of the Cherokee Nation Gaming 

Commission which is not timely appealed, and any final determination of the 

Judicial Appeals Tribunal in proceedings pursuant to Section 19, shall be final 
and binding in any other proceeding against or by the same person before the 

Qlerokee Nation Gaming Commission or the Judicial Appeals Tribunal. 

Section 21: Section 21 of the Cherokee Nation Tribal Gaming Act (4 CNCA 821) is amended 

to read as follows: 

Section 21. License Required for Gaming Facilities 

All locations where public 

gaming operations are conducted for the benefit of the Cherokee Nation on 

,,,,,..,r.Ln Indian lanu3 shall be required to have and 

display prominently an appropriate, valid, and current public gaming license 

issued pursuant to the provision of this Act. Any form of public gaming 

operations conducted within the jurisdiction of the Cherokee Nation without tke 

c,...r..l a current, duly-issued license to conduct gaming 

operations approved by the Cherokee Nation Gaming Commission is prohibited. 

Furthermore, it shall be unlawful for any person to conduct gaming activities 

within the boundaries of the Cherokee Nation which are not under license by and 

for the benefit of the Cherokee Nation or which mislead the general public in 

believing the gaming operation is owned and under control and operated by the 

Cherokee Nation. The Cherokee Nation Gaming Commission shall have the fight 

awhorify to enjoin and restrain illegal activities. 

Section 22: Section 22 of the Cherokee Nation Tribal Gaming Act (4 CNCA $22) is amended 

to read as follows: 

Section 22. Classes and Fees 

There shall be thee+j two different classes of gaming, each characterized 

by its separate requirements and fees. These classes are created in compliance 

with the Indian Gaming Regulatory Act, Public Law 100-497, October 17, 1988, 

and the rules and regulations adoptedpursuant to said Act. 

Section 23. Class I Gaming 

No license requirement. 

Section 24: Section 24 of the Cherokee Nation Tribal Gaming Act (4 CNCA 824) is amended 

to read as follows: 

Section 24. Class Il Gaming License 

. . Only a 0 tribal enterprise 

wholly owned by Cherokee Naalion or a duly-designated and approved agent or 

employee, acting on behalf of such rribal enterprise, may apply for and receive 

a Class I1 Gaming license. Also, gaming must be conducted in facilities of the 

Cherokee Nation. A separate license must be issued by the &m&ee Cherokee 

Nation Gaming Commission for each place, facility, or location on Tribal lands 

on which Class I1 gaming is conducted. t 
Section 25: Section 25 of the Cherokee Nation Tribal Gaming Act (4 CNCA 925) is hereby 

repealed. 

Section 26: A new section is hereby added to the Cherokee Nation Tribal Gaming Act, Section 

26, which shall read as follows: 

Section 26. Use of Gaming Revenue 

'Ihe Cherokee Nation will have rhe sole proprierary inreresr in and 

responsibiliry for rhe conducr of any gaming acriviry under a Class I1 license and 

all net revenues porn any such gaming are to be used for rribal puposes, 

including: 

1) To fund rribal government operaions or programs; 

2) To provide for the general welfare of the Cherokee Nation and its 

tribal members; 

3) To prornore rribal economic developrnenr; 

4) To donate ro charirable organizariow or 

5) To help fund operaions of local govemmenr agencies. 

Section 31: Section 31 of the Cherokee Nation Tribal Gaming Act (4 CNCA $31) is hereby 

amended to read as follows: 

Section 31. Records, Returns and Audits 

It shall be the responsibility of the Cherokee Nation Gaming Commission to 

promulgate regulations and cause to be established proper accounting procedures 
and methods of operations for all license of Class 11 aRBUIgaming activities so 

that all monies or things of value received and paid out may be properly 

monitored and accounted for. All licenses under this Act shall be required to 

keep an approved accounting system which shall comply with, but not be limited 

to, all applicable provisions of this Act or regulations of the Cherokee Nation 

Gaming Commission. Said accounting system shall reflect all business and 

financial transactions involved or connected in any manner with the operation and 

conducting of activities authorized by this Act. The Cherokee Nuion Gaming 

Commission shall have the right to subpoena records or to secure a Court Order 

to seize records for property not surrendered. 

No applicant, license, or employee thereof shall neglect or refuse to produce 

records or evidence or to give information upon proper and lawful demand by the 

director of the Cherokee Nation Gaming Commission, or shall otherwise interfere 

with any proper and lawful efforts by the director of the Cherokee Nation Gaming 

Commission to produce such information. The Cherokee Nation Gaming 

Commission may conduct such hearings as deemed necessary to insure 

compliance with the provisions of this Act and accountability for all monies 

received and spent. Failure to comply with the provisions of this Act shall 

constitute grounds for complaint with the National Indian Gaming Commission 

and summary suspensions or revocation of any license or management conmct. 

l%e Cherokee Nation shall cause annual independent audits of all gaming 

operations conducred and shall submit the resulting annual audit repon to the 

National Indian Gaming Commission in conformance with the NIGC's regulations. 

lk management and operation of any gaming facility shall be subject to all 

applicable provisions of the Indian Gaming Regulatory Act. 

All gaming related contracts thar result in the purchase of supplies, services, 

or concessions in excess of $25,CKX) annually, except contracts for professional 

legal and accounting services, shall be specifcally included within the scope of 

the audit described in the preceding paragraph. 

Section 32: Section 32 of the Cherokee Nati6n Tribal Gaming Act (4 CNCA 832) is hereby 

amended to read as follows: 

Section 32. Rules of the Game 

It shall be the responsibility of the Cherokee Nation Gaming Commission to 

promulgate regulations to establish the particular rules of artjcgiueff-elass-idl 

ekasof gaming in order that said gaming will be conducted with fairness and 

uniformity. 

Section 33: Section 33 of the Cherokee Nation Tribal Gaming Act (4 CNCA 833) is hereby 

amended to read as follows: 

Section 33. Age Limit for Gaming 

No person who is under the age of 18 shall operate, engage, or participate in 

any manner in the operation of any class gaming activity. It shall be the 

responsibility of 7 the manager of all licensed 

gaming operations of the Cherokee Nation to ensure compliance with this age 

Limit requirement. 
Section 34: Section 34 of the Cherokee Nation Tribal Gaming Act (4 CNCA 434) is hereby 

renumbered Section 52 of the Act and amended to read as follows: 

Section 52. Sovereign Immun* 

Not~tl'thsranding any provisions herein, this Acr shall nor limit or resrricr the 

inherent sovereignfy of Cherokee Nation, and neirher the Act nor any of its 

provisions shall operare to waive, in whole or in pan, the sovereign immunity of 

Cherokee Nation. 

Section 35: A new section is hereby added to the Cherokee Nation Tribal Gaming Act, Section 

35, which shall read as follows: 

Section 35. Protection of the Environment 

AN gaming faciliries licensed by rhe Cherokee Narion Gaming Commission 

shall be consrrucred, mairuained, and operated in a manner that adequarely 

protects the human environment and rhe healrh and safely of the public. 

Section 41: New sections are hereby added to the Cherokee Nation Tribal Gaming Act, Sections 

41 through 51 and Section 53, which shall read as follows: 

Section 41. Licenses for Key Employees and Primary Management Offici~ls 

% Cherokee Nation, by and - through the Cherokee Narion Gaming 

Commission, shall ensure that rhe following policies and procedures as prescribed 

by the IGRA are implemerued wirh respect ro key employees and primary 

management oflcials employed at any Class 11 gaming facility operation on 

Cherokee Nation tribal landr. 

Section 42. Definitions 

For purposes of Secrions 41 rhrough 49: 

Key Employee includes, bur is nor limited lo: 

a) A person who pefonns one or more of rhe following functions: 

(1) Bingo Caller; 

(2) Counting room supervisor; 

(3) Chief of Securiry; 

(4) Custodian of gaming supplies or cash; 

(5) Floor Manager; 

(6) Approver of credit; or 

f7) Custodian of gambling devices including persons wirh access to cash 

and accounting records; 

b) Jfnot orhenvise included, any orherperson whose roral cash compensarion 

is in excess of $50,00Oper year; or 
C) Jfnot otherwise included, the four most highly compensated persons in the 

gaming operation. 

Primary Ma~gement Oflcial means: 

a) l%e person having managemenr responsibiliry for a management conrracr; 

b) Any person who has authority: 

(I) To hire andfire employees; 

(2) To set up working policy for the gaming operation; or 

C) lk chieffinancial oflcer or oiher person who has financial management 

responsibility. 

Section 43. Application Fonns 

(a) 7?w following notice shall be placed on the application fonn for key 

employees or a primary management oflcial before that form is filled out by an 

applicant: 

'In compliance with the Privacy Act of 1974, the following infonnation is provide: 

Solicitation of ihe infonnation on this fonn is authorized by 25 U.S. C. $82701 w. 

lZe purpose of the requesred information is to determine the eligibility of individuals 

to be employed in a gaming operation. me infomarion will be used by Notional 

Indian Gaming Commission members and sraflwho have need for the infonnation in 

the performance of their oflcial duties. 7le information may be disclosed to 

appropriate federal, iribal, store, local, or foreign law enforcement and regulatory 

agencies when relevant io civil, criminal, or regulatory investigations or prosecutions 

or when pursuanr to a requirement by a tribe or the National Indian Gaming 

Commission in connection with the hiring or firing of an employee, the issuance or 

reyocation of a gaming license, or investigations of activities while associated with 

a tribe or a gaming operation. Failure to consent to the disclosures indicared on this 

notice will resuli in a tribe being unable to hire you in a primary management oficial 

or key employee position. 

l%e disclosure of your Social Securiry Number (SSN) is voluntary. 

However, failure to supply a SSN may result in errors on processing your 

application. ' 

(b) Existing key employees and primary management oflcials shall be notified 

in writing ihat they shall eiihec 

I) Complete a new application fonn that contains a Privacy Act notice; 

or 

2) Sign a statement that conrains the Privacy Act noiice and consent to 

routine uses as described in that notice. 

(c) l%e following notice shall be placed on the application form for a key 

employee or a primary managernew oflcial before ihat fonn is filled ow by an 

applicant: 

.A false statement on any pan of your application may be groundr for not 

hiring you, or forfiring you aper you begin work. Also, you may be punished 

by fine or imprisonment. 

(U.S. Code. Tirle 18, Section 1001.)' 
(d) Cherokee Nation. by an through the Cherokee Nation Gaming 

Commission, shall notify in writing existing key employees and primary 

management oflcials thar rhey shall either: 

1) Complete a new applicarion fonn that contains a notice reganling false 

statements; or 

2) Sign a staremew that contains the notice regarding false statements. 

Sechbn 44 Background Investigations 

(a) lk Cherokee Nation, by and through the Cherokee Narion Gaming 

Commission, shall request from each primary mamgemenr oflcial andfrom each 

key employee all of (he following information: 

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

numberfs), dare of binh, place of binh, citizenship, gender, all 

languages (spoken or written); 

2) Currently and for the previous 5 years: business and employment 

positions held, ownership inrerests in those businesses, business and 

residence addresses, and dn'vers license numberfs); 

3) nte names and currenr addresses of ar least 3 personal references, 

including one personal reference who was acquainred with the 

applicant during each period of residence lisred under paragraph (a) 

2) of this section; 

4) Current business and residence telephone numbers; 

5) A description of any existing and previous business relarionships with 

rhe gaming industry generally, including ownership interests in rhose 

businesses; 

6) The name and address of any licensing or regulatory agency wirh 

which the person has filed an application for a license or pennit 

related ro gaming, whether or not such license or pennit was granted; 

7) For each felony for which there is an ongoing prosecwion or a 

conviction, the charge, the name and address of the Coun involved, 

and dare and disposition if any.. 

8) For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traflc violations), within 10 years of the date of rhe 

application, the name and address of rhe Coun involved, and the dare 

and disposition; 

9) For each criminal charge (excluding minor traJic charges), whether 

or not there is a conviction, ifsuch criminal charge is wirhin 10 years 

of the dare ofthe application and is not orhenvise listing pursuant to 

paragraph (a) 7) or (a) 8) of this section, the criminal charge, the 

name and address of the Court involved, and the date and disposition; 

10) The name and address of any licensing or regulatory agency with 

which rhe person has filed an application for an occuporional license 

or permir, whether or nor such license or permit was granred; 

I I) A current photograph; 
12) Any other infonnafion Cherokee Nation Gaming Commission deems 

relevant; and 

13) Fingerprinfs consistent with procedures adopted by Cherokee Nation 

Gaming Commission in accordance with 25 C. F. R. 8522.2fi). 

(h) Cherokee Nation, by and through the Cherokee Nation Gaming 

Commission, shall conduct an investigation suficient to make a determination 

under subsection 45 below. In conducting a background investigation, the 

Ckrokee Nation Gaming Commission and/or any agent acting on its behal/shall 

promise to keep conjdential the identiry of each person in the course of the 

investigation. 

Seerion 45. Eligibility Detenninarion 

&rokee Nation, by and through the Cherokee Nation Gaming Commission, 

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

habits, and associaions to make a finding concerning the eligibility of a key 

employee or primary management oficial for employment in a gaming operation. 

If the Cherokee Nation Gaming Commission determines that employment of the 

person poses a threat to the public interest or to the eflective regulation of 

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

and methods and activities in the conduct of gaming, no gaming facility on Indian 

lad may employ that person in Q key employee or primary management oflcial 

position. 

Section 46. Pmcedures for Forwarding Applications and Reporls for Key 

Employees and Primary Management Officials to the National 

Indian Gaming Commission 

(a) Wkn a key employee or primary management oflcial begins work at a 

gaming operation authorized by this ordinance, Cherokee Nation, by and through 

the Cherokee Nation Gaming Commission, shall forward to the Narional Indian 

Gaming Commission a completed application for employment and shall conduct 

the background investigation and make the determination referred to in Section 

45. 

(b) rite Cherokee Nation Gaming Commission shall forward the repon 

referred to in Section 47 to the National Indian Gaming Commission within 60 

days offer an employee begins work or within 60 days of the approval of this 

ordi~nce by the Chairman of the National Indian Gaming Commission. 

(c) lh? gaming operation shall nor employ as a key employee or primary 

management oflcial a person who does nor have a license afer 90 days. 

Seerion 47. Reporl to the National Indian Gaming Commission 

(a) Pursuant to the procedurer set out in Section 44, the Cherokee Nation 

Gaming Commission shall prepare and forward to the National Indian Gaming 

Commission an investigative repon on each background investigation. An 

investigative repon shall include all of the following: 

1) Steps taken in conducting a background investigation; 

2) Results obtained; 

3) Conclusions reached; and 

4) l%e basis for those conclusions. 
(b) ne Cherokee Narion Gaming Commission shall submit with the repon, a 

copy of the eligibility derenninarion made under Secrion 45. 

(c) Ifa license is nor issued ro an applicant, the Narion: 

1) Shall notfi rhe National Indian Gaming Commission; and 

2) May forward copies of its eligibility derenninarion and investigative 

repon (if any) to rhe Narional lndian Gaming Commission for 

inclusion in the Indian Gaming Individuals Record System. 

(d) With respect to key employees and primary management oflcials, the 

Cherokee Narion Gaming Commission shall retain applicarions for employment 

nd reports (if any) of background invesrigations for inspection by the Chairman 

of the National lndian Gaming Commission or hidher designee for no less than 

three (3) yean from the dare of tenninarion of employment. 

Sechn 48. Gmnting a Gaming License 

(a) If, within a thirty (30) day period afrer the Narionai Gaming Commission 

receives a repon, the National Indian Gaming Commission norijies the Cherokee 

Nation Gaming Commission that is has no objection ro rhe issuance of a license 

pursuant to a license applicarion filed by a key employee or a primary 

management oflcial for whom rhe Cherokee Nation Gaming Commission hos 

provided an application and investigarive repon to the Nari0~1 lndian Gaming 

Commission, the Cherokee Narion Gaming Commission may issue a license to 

such applicant. 

(b) nK Cherokee Narion Gaming Commission shall respond to a request for 

&itional irlfonnarion from the Chainnan of the Narional lndian Gaming 

Commission concerning a key employee of a primary management oflcial who is 

the subject of a repon. Such a request shall suspend the 30-day period under 

paragraph (a) of this secrion unril the Chainnan of rhe Narional lndian Gaming 

Commission receives the addirional in/onnarion. 

(c) If, wirhin the 30-day period described above, rhe National Indian Gaming 

Commission provides the Cherokee Nation Gaming Commission with a starement 

itemizing objecrions to the issuance of a license to a key employee or to a primary 

managemeru oflciol for whom the Nation has provided an applicarion and 

investigative repon to the National Indian Gaming Commission, the Cherokee 

Nation Gaming Commission shall reconsider the application, raking into account 

the objections itemized by rhe Narional Indian Gaming Commission. The 

QKrokee Nation Gaming Commission shall make the final decision whether to 

issue a license to such applicant. 

Section 49. License Suspension 

(a) If, afer the issuance of a gaming license, the Cherokee Narion Gaming 

Commission receives from the Nati0~l Indian Gaming Commission reliable 

infom'on indicaring that a key employee or a primary management oficial is 

not eligible for employment under Section 45 above, the Cherokee Narion Gaming 

Commission, shall suspend such license and shall no113 in wriring the licensee of 

the suspension and the proposed remarion. 

(b) me Cherokee Narion Gaming Commission shall norib the licensee of a 

rime ond place for a hearing on the proposed revocation of a license. 
(c) Aj?er a revocation hearing, the Cherokee Nalion Gaming Commission shall 

decide ro rewke or to reinstale a gaming license. The Cherokee Nation Gaming 

Commission shall not~fi the National Indian Gaming Commission of its decision. 

Section 50. Provisions as Cumulative 

73e provisions of this Act shall be cumulative to existing Law. 

Section 51. Sevembility 

77~ provisions of this Act are severable and if any pan of provision hereof 

shall be held wid, the decision of the Coun so holding shall nor affect or impair 

any of the remaining pans or provisions of this Act. 

Section 52. Emergency Declared 

It being irnmediaely necessary for the wefire of the Cherokee Nafion, the 

Council hereby declares that an emergency exists, by reason whereof this Act 

shall take effect and be in fill force afier its passage and approval. 

Enacted by the Council of the Cherokee Nation on the day of APRJJ., , 1994. 

buxd& Nation Tribal Council 

Cherokeeaon Tribal council 

Approved and signed by the Principal Chief this day of bauL , 1994. 

&/'//& 

Wilma P. ank killer, Principal Chief 

Cherokee Nation 

%- 

Tommy ~hohpson, Secretary-Treasurer 

Cherokee at ion 

YEAS AND NAYS AS RECORDED: 

Don Crittenden d~bSam Ed Bush ABS~ 

Joe Byrd 

Mige Glory 

Mary Cooksey Paula Holder 

Harold DeMoss 

Greg Pitcher 

YEA 

m.4 

James Garland Eagle hBSMT 

Harold Phillips YEA 

Troy Wayne Poteete dBSMT 

Barbara Conness Mitchell 

Melvina Shotpouch bBSEBT 

William Smoke YEA 

Maudie McLemore Bazille