January 22,2008 

Via US. Mail and Facsimile 

Chad Smith 

Principal Chief 

Cherokee Nation 

P.O. Box 948 

Tahlequah, OK 74465-0948 

RE: Amendments to Cherokee Nation Gaming Ordinance 

Dear Chief Smith: 

On December 3, 2007, the Cherokee Nation (Nation) requested that the Chairman of the 

National Indian Gaming Commission (NIGC) review and approve the following 

amendments to the Cherokee Nation's Gaming Ordinance (Gaming Ordinance): 

Legislative Act 15-07 (March 19, 2007), which amended the facility licensing 

requirements and made them more stringent; 

Legislative Act 20-06 (August 21,2006), which clarified the gaming jurisdiction 

in light of the tribal compact; 

Legislative Act 44-04 (November 15,2004), which clarified Class I11 gaming 

requirements; 

Legislative Act 37-03 (November 10, 2003), which clarified gaming jurisdiction 

and licensing; and 

Legislative Act 29-03 (September 30,2003), which added authorization for Class 

I11 gaming. 

This letter constitutes approval of the amendments because they do not conflict with the 

Indian Gaming Regulatory Act (IGRA) or the NIGC7s regulations. 

Please note that the above-referenced amendments are late submissions. NIGC 

regulations require tribes to submit for NIGC approval all amendments to gaming 

ordinances within 15 days after adoption. 25 C.F.R. 8 522.3. The NIGC encourages tribes 

to respect and follow every IGRA requirement and NIGC regulation. The NIGC asks that 

the Nation take note of this requirement and work toward preventing future occurrences. 

NATIONAL HEADQUARTERS 1441 L St NW, Su~te 9100. Washington. DC 20005 Tel 202 632.7003 Fax: 202.632.7066 www.~~cc.cov 

REGIONAL OFFICES Portland, OR: Sacramento, CA, Phoen~x. AZ; St. Paul, MN;Tulsa, OK 
Thank you for submitting these amendments for review and approval. If you have any 

ntact Staff Attorney Rebecca Chapman at (202) 632-7003. 

ilip N. Hogen 

Chairman 
Hill John Haker 

'rina (ilolyJodan 

pmidr2 -Ir~ofl~ 

S. Jew Crittenclen 

Jcnlic Fishinghawk 

COUNCIL OF THE CHEROKEE NATION 

Fax: (91 H) 4.78-621 7 fir? LL - r. 

C 

- iAqlah/ 

1)lrvid W. 'l'hornton, Sr. 

.Janelle bh~llbri~ht 

pmid;6 - Mww - 

Meredith b'miley 

Chris Soap 

LCt7 - WLURGQ~Y~ 

Cam Cowm Watts 

'DmiGt9 - Cr* 

Chllck Iloskin, Jr. 

Attached herewith is a copy of Resolution 126-95, "A Resolution to 

Adopt and Act Relating to Cherokee Nation Class I11 Gaming", 

enacted by the Council of the Cherokee Nation on the 16Ih day of 

October, 1995. 

I hereby certify that the attached Resolution is a true and correct 

copy of the original legislation on file at the Cherokee Nation Tribal 

Council House. 

~a~le ~illgr, Date 

Legislative Special Assistant 

Tribal Council Office 

Cherokee Nation 

State of Oklahoma 

County of Cherokee. 

Subscribed and sworn to before me this Cday of November, 2007. 

(Seal) 

My Commission Expires: h'\/ I7 1 a! 0 

My Commission Number: Ck~p, \ [ 7 LD 

"At Ca.veeD Cacncil/ 

Jack 1). Ilaker 

Julia Coates 
Resolution No. 176 .- 95 

COUNCIL OF THE CHEROKEE NATION 

RESOLUTION TO ADOPT AN ACT RELATING TO 

CHEROKEE NATION CLASS I11 GAMING 

WHEREAS, the Cherokee Nation since time immemorial has 

exercised the sovereign rights of self-government in behalf of the 

Cherokee people; and 

WHEREAS, the Cherokee Nation is a federally recognized Indian 

Nation with a historic and continual government to government 

relationship with the United States of America; and 

WHEREAS, the Cherokee Nation recognizes the need for funding 

operations, outreach, training and educational programs; and, 

WHEREAS, the traditional sources of funding to the Cherokee 

Nation for operations and programs is currently under review and is 

likely to be significantly reduced or completely eliminated; and, 

WHEREAS, the intuition of the Cherokee Nation is to not fail 

in its obligations and duties to its people; and, 

WHEREAS, the Cherokee Nation has conducted various business 

activities on Indian lands under its jurisdiction; and, 

WHEREAS, some of the Indian lands under the jurisdiction of 

the Cherokee Nation are located within the State of Kansas, which 

State permits Class 111 gaming as defined by the Indian Gaming 

Regulatory Act of 1988 (the IGRA); and, 

WHEREAS, the Cherokee Nation, in light of the funding 

requirements for programs and operations and the best interest of 

the people of the Cherokee Nation has concluded that it should 

authorize and operate Class I11 gaming on Indian lands under its 

jurisdiction in Kansas and other states where such gaming is 

permitted. 

NOW THEREFORE BE IT RESOLVED BY THE CHEROKEE NATION, that 

Class I11 gaming as defined by the IGRA is authorized on Indian 

land under the jurisdiction of the Cherokee Nation in Kansas and 

other states where such gaming is permitted. 

THEREFORE, BE IT FURTHER RESOLVED, that the Principal Chief, 

Joe Byrd, and/or his designee be authorized to sign documents and 

take the actions required to permit Class I11 gaming as defined by 

the IGRA on Indian land under the jurisdiction of the Cherokee 

Nation on behalf of the Cherokee Nation. 
THEREBY, BE IT FURTHER RESOLVED, that the Secretary-Treasurer 

is directed to issue to all interested parties an officially 

adopted copy of this resolution. 

CERTIFICATION 

The foregoing resolution was adopted by the council of the 

Cherokee Nation at a duly called meeting on the 16TH day of 

OCTOBER , 1995, having 15 members present, 

constituting a quorum, by the vote of 11 yea; 4 nay; R 

abstaining. 

ATTEST : 

MARY F~LUTE COOKSEY, secret ad.,' 

Cherokee Nation Tribal Council 

Approved this 16TH day of OCTOBER , 1995. 

HARLAN JO~JONES(/ ~ecretary/~reasurer 

Cherokee Nation 
COUNCIL OF THE CHEROKEE NATION 

P. 0.130~ 948 

'I'ahleqoab, OK 74463-0948 

1-800-995-9469 or (918) 207-3900 

Fax: (9 1 N) 458-62 17 

I3ill .John Raker 

'L'ifla (;~O~Y~JOMIHD 

Attached herewith is a copy of Legislative Act 15-07, "A Legislative 

- Trd6FTeavy Act Amending Title 4 Section 21 of the Cherokee Nation Code S. .Jew Crittenden 

.lodie Fishinghawk Annotated Relating to Gaming Within the Jurisdiction of the 

Cherokee Nation; and Declaring an Emergency", enacted by the 

pWm3 -seauoyah/ Council of the Cherokee Nation on-the 1 21h day of March, 2007. 

1)avicl W'. 'l'hornton, Sr. 

Janelle khllbright I hereby certify that the attached Legislative Act is a true and correct 

copy of the original legislation on file and the Cherokee Nation Tribal 

77~~4 - *eeahwk Council House. 

Ihn Gwvin 

Curtis G. Snell 

1Iarley 11. HIIZZ~FC~ ,.A?+- D.$-P-07 

Gavle Mill 

PWW~ - Mww Legislative Special Assistant 

Meredith khiley Tribal Council Office 

Chris Soap Cherokee Nation 

Cam Cowan Watts 

p&i',& 9 - cr* 

Chl~ck Iloskin, dr. 

"At LaveJJ Cd 

Jack I). Saker 

Jlllia Coates 

Cherokee Nation 

County of Cherokee 

Subscribed and sworn to before me this gday of November, 2007. n 

(Seal) 

My Commission Expires: 10 1 17 1 aw 

My Commission Number: (31010 (Un(D 
Committee: Author. J. Humminpb~rdM. Morton 

Date. &Q!J C~rmmittee Date. Sponsor Cowan Watts B Annlen 

I 

I 

An Act 

Legislative Act 

A LEGISLATIVE ACT AMENDING TITLE 4 SECTION 21 OF THE CHEROKEE 

NATION CODE ANNOTATED RELATING TO GAMING WITHIN THE 

JURISDICTION OF THE CHEROKEE NATION; AND DECLARING AN 

EMERGENCY 

BE IT ENACTED BY THE CHEROKEE NATION: 

Section I. Title and Codification 

This act shall be known as the Amendments to the Cherokee Nation Gaming Code and 

cod~fied as Title 4, Section I through 49 as amended of the Cherokee Nation Code Annotated. 

Section 2. Purpose 

The Purpose of this Act is to amend Title 4 Section 21 of the "Cherokee Nation Tribal 

Gaming Act," to clarify that the Cherokee Nation Gaming Commission shall issue a separate license 

for each place, facility or location in whlch class I1 or Class 111 gaming is conducted. 

Section 3. Legislative History 

The Cherokee Nation enacted Legislative Act 30-89, on April 8, 1989, known as the 

"Cherokee Nation Tribal Gaming Act." to regulate the conduct of gaming owned and operated by the 

Cherokee Nation. 

On Chober 22.1990. the Cherokee Nation amended the Gaming Act with Legislative Act9-90, to comply 

with P.L 1CO-497, Oaober 17. 1988. 102 Stat 2467, ad to establish the Cherokee Nation Gaming 

Commission. 

On the 11" day of April. 1994, the Cherokee Nation Amended the Gaming Act with LA 1-94. 

On the 2"d day of October, 2003, the Cherokee Nation amended the Act with LA 29-03 to authorize 

and provide for the regulation of Class I11 gaming which had been compacted for with the State of 

Oklahoma and/or authorized by legislative action. 

On the 10' day of November. 2003, the Cherokee Nation amended the Gaming Act with LA 37-03 

to clarify the activities that fall under the jurisdiction of the Cherokee Nation Gaming Commission. 

On the 15' day of November. 2004, the Cherokee Nation amended the Gaming Act by LA 44-04 to 

provide technical amendments to the Gaming Act and provide for the regulation of Class 111 gaming 

that had been compacted for with the State of Oklahoma and/or authorized by legislative acts. 

On the 21" day of August 2006, the Cherokee Nation amended the Gaming Act by LA 20-06 

Relating to Gaming within the jurisdiction of the Cherokee Nation. 

Section 4. Amendment 

Title 4 Q 21 of the Cherokee Nation Code Annotated, is hereby amended as follows: 
9: 21. License required for gaming facilities 

WAny agent of the Cherokee Nation conductiig public gaming operations for the benefit of the 

Cherokee Nation on propny of the Cherokee Nat~on, including lands within the jurisdict~on of the Cherokee 

Nation other than the lands defined in Section 4 (C) and (D) of this Tttle, shall be required to have and 

dt\play prominently an appropriate, valid and cunent license issued pursuant to provisions of th~s Act. 

@) The Cherokee Nation Gamine. Commission shall issue a separate license to each place, 

facility, or location where class I1 andlor Class I11 gamine IS conducted within the jurisdiction of the 

Cherokee Nation Dursuant to this Title. Said license shall be renewed annually as set out herein. 

(c) The Cherokee Nation Gamine Commission shall specify the form, 

conditions and content for the application for such licenses. which shall he submitted bv the chief 

management official of the facilitv, and the initial application shall include a leeal description of the 

lands whereon the facility is located, and a certification that said premises are lands within the 

jurisdiction of the Cherokee Nation as defined bv this Title and shall identify the environmental, health, 

and public safety standards with which the place, facility, or location must comply, and a certif~cation 

- that the facility is in compliance therewith. Each subsequent application forthe renewal of such facility 

license shall identify any changes or additions to said leeal description and applicable environmental, 

health and safety standards, and include current certifications of compliance therewith. The Cherokee 

Nation Gamine Commission shall only issue such licenses if the applications therefor include the 

reauired information, certifications. and such further conditions as the Cherokee Nation Gamine. 

- Conlmission shall have specified. 

\ @Conducting public gaming operations without the lawful written approval and licensure of 

'i the Cherokee Nation Gaming Commission is a crime, and is punishable under 21 CNCA 8 10. 1 Cherokee Nation law enforcement authorities have the sole authority to enforce criminal laws 

concerning gaming. 

, Section 6. Provisions as cumulative 

The provisions of this act shall be cumulative to existing law 

Section 7. Severability 

The provisions of this act are severable and if any pan of provision hereof shall be held void the 

decislon of the court so holding shall not affect or Impair any of the remaining parts or provisions of 

this act. 

Section 8. Emergency declared 

It being immediately necessary for the welfare of the Cherokee Nation. the Council hereby 

declares that an emergency exists, by reason whereof this act shall take effect and be in full force after 

its passage and approval. 

Section 9. Self-Help Contributions 

To the extent that this Act involves programs or services to citizens of the Nation or others. selfhelp contributions shall be required, unless specifically prohibited by the funding agency, or a waiver is 

granted due to physical or mental incapacity of the participant to contribute. 

Enacted by the Council of the Cherokee Nation on thee day of m. 2007 

G .jFA 

Meredith A. Frailey. Speaker 

Council of the Cherokee Nation 

ATTEST; 

Don Garvin. Secretary 

Council of the Cherokee Nation 
Approved this 19th day of MARCH ,2007 

ATTEST: 

" 

Cherokee Nation w 

YEAS AND NAYS AS RECORDED: 

Audra Smoke-Comer 

Bill John Baker 

Joe Crittenden 

Jackie Bob Martin 

Phyllis Yargee 

David W. Thornton, Sr. 

Don Garvin 

Linda Hughes-O'Leary 

Melvina Shotpouch 

Meredith A. Frailey 

John F. Keener 

Cara Cowan Watts 

Buel Anglen 

Willlam G. Johnson 

Charles "Chuck Hoskin 

Taylor Keen 

Jack D. Baker 
CLEARANCE 

Act n Resolution 

ProgramlProject Manager: A Legislative Act Amending Title 4 Section 21 of 

TITLE: the Cherokee Nation Code Annotated Relating to 

Signaturellnitial Gaming within the Jurisdiction of the Cherokee Nation 

and an Emer8f3~~ummingbird and aso on N. 

DEPARTMENT CONTACT: Morton 

Department Director: 

Jamie Hummingbird and Nason N. 

RESOLUTION PRESENTER: Morton 

~ignature~~nitia~ SPONSOR: Cara Cowan Watts and Buel Anglen 

NARRATIVE : 

The Purpose of this Act is to amend Title 4 Section 21 of the 

Controller: (if needed) '~herokke Nation Tribal Gaming Act," to clarify that the 

Cherokee Nation Gaming Commission shall issue a separate 

license for each place, facility or location in which class II or 

Class Ill gaming is conducted. 

Government Resources: The Amended language incorporates the language as set 

out in 25 USC Section 522.4(b)(6) and as required by the 

ate IGRA and the NlGC implementing regulations. 

CLEARANCE: 

L gislative Aide: 

I standing Committee 8 Date: 1 

I Chairperson: I 

Signaturelln~tial U Date 

Returned to Presenter: 

Date 
COUNCIL OF THE CHEROKEE 

ID. 0. Box 948 

'Cahleqnah, OK 74463-0948 

1-NOO-993-9463 OF (91 8) 207-3900 

Pan: (91 %) 438-62 17 

NATION 

Hill John Raker 

Tina GloryJordan 

Attached herewith is a copy of Legislative Act 20-06, "An Act pmictz - rra4bOfr~ 

S. Jan: C'rittcnden Amending LA#30-89, LA#9-90, LA#1-94, LA#29-03, LA#37-03, 

.Jcnlie Fishinghawk and LA#44-04; Relating to Gaming Within the Jurisdiction of the 

Cherokee Nation; Amending Title 4 of the Cherokee Nation Code 

DWict3 - SWUOV~V Annotated", enacted by the council of the Cherokee Nation on the 

1)avicl W. 'mornton, SF. 14'" day of August, 2006. 

Jancllc Ftlllbright 

I hereby certify that the attached Legislative Act is a true and correct 

pm~+ - I~~wRL~w~ copy of the original legislation on file and the Cherokee Nation Tribal 

1)on <:amin Council House. 

d Mercclith Ehilcy Legislative Special Assistant 

Chris Soap Tribal Council Office 

Cherokee Nation &7 - W~U/RW# - 

Cam Cowan Watts 

QWict8 -K& 

I311el Anglen 

HFlldley Cohb Cherokee Nation 

County of Cherokee 

pmict 9 - crqp 

Chr~ck IIoskin, .Ir. Subscribed and sworn to before me this cday of November, 2007. A 

"At LwgeJJ Cmm.& 

Jack I). ISaker 

.J111ia C'oates Notary Public (Seal) 

My Commission Expires: 10 1 \1 1 &)\Q 

My Commission Number: \@ 17 LQ 
Pr gramlproject Manager: J?~O dn 1~71 b/l +/a 

Signaturellnitial Date 

Department Director: 

Signaturellnitial Date 

Executive Director: 

Controller: (if needed) 

Signaturellnitial Date 

Government Resources: 

Administration A~~roval: 

LEGISLATIVE CLEARANCE: 

Legislative Aide: 

Stpding Committee & Date: 

Chairperson: 

Date 

Returned to Presenter: 

Date 

Act Resolution 

TITLE: 

DEPARTMENT CONTACT: Nason N. Morton 

RESOLUTION PRESENTER: Nason N. Morton 

SPONSOR: ~~isn LJ~,lt5 

NARRATIVE: (see Attached Outline for Information If Outline is Required) 

The Purpose of this Act is to clarify the jurisdiction of the 

Cherokee Nation Gaming Authority over all gaming owned and 

operated by the Cherokee Nation, or its officially licensed 

agents, on lands of the Cherokee Nation including gaming 

operations in compliance with any Tribal-State Compact 

between the Cherokee Nation and the State of Oklahoma or 

that the State has authorized by enactment. 

These amendments to the Cherokee Nation gaming Act are 

needed to ensure consistent application of rules and 

regulations covering employees engaging in gaming 

activities in gaming facilities owned and operated by the 

Cherokee Nation, or its officially licensed agents. 

The amendments will help to establish duties and requirements 

that are consistent to all gaming activities owned and operated 

by the Cherokee Nation, or its officially licensed agents, and will 

provide to the Cherokee Nation consistent rules or conduct and 

regulation of Gaming employees. 

(GIG . 05-1 4-06P01 :55 RCVD 

$fl 
Author. Nabon Murlirn 

I).,Ic h-l')-o(r C'OIIIIIIII~CC Udlr- h-?')-llh Spon\nr- Care Cowan Wall\ 

An Act 

Legislative Act 

AN ACT AMENDING LA#30-89, LAM-90, LA#1-94, LA#29-03, LA#37-03, AND LA#44- 

04; ItELATIN(; TO GAMING WITHIN THE JURISDICTION OF THE CHEROKEE 

KA'rION: AMENDING TITLE 4 OF THE CHEROKEE NATION CODE ANNOTATED 

BE IT ENACTED BY THE CHEROKEE NATION: 

Section I. Title and Codification 

This act shall be known as the Amendments to the Cherokee Nation Gaming Code and 

codifled as Title 4, Section I through 49 as amended of the Cherokee Nation Code Annotated. 

Section 2. Purpose 

The Purpose of [hi\ Act is to amend the "Cherokee Nation Tr~bal Gaming Act," lo 

Clar~b the act~v~tiea that fall under the jurisdiction of the Cherokee Nation Gaming Commission and 

to prov~dc for the regulation of Class 111 gaming within the Territorial jurisdiction of the Cherokee 

Nation as defined in Title '20 Section '25 of the Cherokee Nation Code that has been compacted for 

will1 the State of Oklahoma and/or authorized by legislative acts. 

Section 3. Legislative History 

The Cherokee Nation enacted Legislative Act 30-89, on April 8, 1989, known as the 

"Cherokee Nat~on Tribal Gaming Act." to regulate the conduct of gaming owned and operated hy the 

Chcmkcc Nat~on. 

On Octohcr 22, 1990. the Cherokee Nation amended the Gaming Act with Legislative Act 9-90, to comply 

with P.1- 100.297, Octokr 17, 19x8, 102 Stat. 2467, and to establish the Cherokee Nation Gaming 

Comm~s\ion. 

On the I I"' day of April, 1994, the Cherokee Nation Amended the Gaming Act with LA 1-94 

On the 2'%' day of October. 2003, the Cherokee Nation amended the Act with LA 29-03 to authorize 

and provide for the regulation of Class 111 gaming which had been compacted for with the State of 

OLlahon~a andlor authorized by legislative action. 

On the 10"' day of November, 2003. the Cherokee Nation amended the Gaming Act with LA 37-03 

to clnl-ily the act~vities that fall under the juribdictlon of the Cherokee Nation Gaming Commisc~on. 

On the 1 5Ih day of November, 2004. the Cherokee Nation amended the Gaming Act by LA 44-04 to 

provide technical amendments to the Gaming Act and provide for the regulation of Class UI gaming 

that hat1 heen compacted for with the State of Oklahoma and/or authorized by legislative acts. 

Section 4. Substantive Provisions 

The following sections of the Cherokee Nation Gaming Act As amended shall read as 

follows: 

The purpose of this Act is: 
A To ~cguldte the conduct of gamlng owned and operdted by the Cherokee Ndt~on, or rt\ 

olt~c~dlly Ircend dgenh, on trlhal land\ of the Cherokee Ndtron 

, (he~e~tter referled to d\ Cherokee Nat~on) ~n ~ornpl~ance w~th Publrc Law 100 

497. Octokr 17, 1988. 102 Stat 2467 

R. To provide a basis under tribal law for the regulation of , gaming by the Cherokee Nation 

adequate to hhield it from organrzed crrrne and other corrupting rnfluence\; to Insure that 

Cherokce Nation is the sole beneficiaryof the gamingoperation; and to assure that gaming 

is conducted fairly and honestly hy the tribe, its agents and the players; and to implement 

the Indian Gaming Regulatory Act. 25 U.S.C. Q: 2701 et seq. ("IGRA"), -i,.. the 

regulations of the National Indian Gamrng Commission (NIGC") at 25 C.F.R. Parts 500et 

C. To authorize and regulate all forms of +-+ gaming as defined hy this Act and the 

Indian Gaming Regulatory Act, 25 U.S.C. Q: 2701 et seq. for which the Nation has 

duly compacted with the State of Oklahoma or the State has authorized by enactment. 

For the pu~phe\ of thrs Title: 

A. The "Nation" means the Cherokee Nation 

B 'Per\on8 means any natural lndrv~dual, company, partnerahrp, firm, jornt venture, 

d\lrwtdt~on, corporatron.e\tate, polrt~cal entrty 

, or other rdentrfidble entrty to wh~ch th~s trtle 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 henefit of any indiv~dual citizen of the Nation or held by any 

~nd~vidual crtizen of the Nation subject to restriction hy the Nation over which the Nation 

cxereised governmental power. 

D. "Indian Lands" means land over which Cherokee Nation exercises governmental 

power and that is either. 

I. Held in trust by the United States for the benefit of Cherokee Nation or any 

n~emher of Cherokee Nation: or 

2. Held by Cherokee Nation or any member of Cherokee Nation which is subject to 

restriction by the Unlted States against alienation. 

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 I1 Gaming" means bingo or lotto (whether or not electronic, computer, or other 

technological aids are used) when players: 

I. Play for prize\ with cards bearing numbers or other designations; 

2. Cover- numhers or designations when oh~ect, similarly numbered or designated, are 

drawn or electronically determ~ned; and 
3. Win thc game hy heing the first person to cover a designated pattern on such card\. 

If pl;~yed ~n the same locat~on aa bingo or lotto, Class U gaming includes (a) pull-tabs, 

pu11cI1 Iword\. tip jars. In\tant h~ngo, and other game.; similar to bingo; and (b) nonha11k111games that (I) state law explicitly authorizes, or does not explicitly prohih~t, and 

~lrc played Itgally anywhere In the state; and 12) players play ~n conformity with state laws 

ant1 ~cgulatlc~l~\ ccncc~.~~ing hour\, priods ofoperatlon, and limitations on wager\ and pot cizes. 

Clash I1 Gaming docs not include any hank~ng card games, including baccarat, 

chem~n de Icr, or blackjack (2 I ). orelectronic orelcctromrchmical fac\imile\ of any game of 

chance or \lot machines of any kind. 

G. Thc tern) "license" means 

I. In connection with a garmng facrl~ty, a license issued by the Cherokee Nation 

Gaming Com~nission authorizing, the operation of a gaming facility at a particular 

locauon owned and operated by the Nation ; and 

2. In connection with an individual person, a license Issued hy the Cherokee Nation 

Gaming Commission authorizing the person to be engaged as an employee or 

management official of a licensed gam~ng facility 

ti. Claha 111 Gamlng includes all those forms of gaming that are not Class I or Class ll gaming. 

9 I I. Establishment of Chemkee Nation Gaming Commission 

Thc Cherokee N&on Gmng Comss~on 1s hrreby establ~\hed as aw of the Execut~ve Branch 

ol the government of the Nat~on ~n order to cdnyout the Nat~on's respons~b~l~t~es undr IGRA and 

thc NIGC'\ reguldt~on\ at 25 C F R 9 501 et seq and to ~mplementhe provls1on5 of thrc Act 

P~ov~ded. Itowever, dl1 aetlons and regulat~ons of the Cherokee Ndt~on Gdrnlng Comm~<s~on \hall 

he con\l\tent w~th the provlwms of th~s Act, dl1 other laws and resolut~onb of the Cherokee 

N.~tion Couc~l. and Const~tut~on ot Cherokee Nat~on _ _ t I t - s , ,, ~ - -. . -.- 8. ~.l,l,L, :1 ,1.8-L1. ,, f, ~ --.~ ~. ~ - 

., , , 1)~. 'r,i'$~.~t!k, ,' II!.Jii 15 2 '~K.I.I~!I': 

, < I: ! : 1 - I I 1 <! , 1.) $81 - -- 

, , ' ,,, l>,:,,L:,,',\ ,..<!<I ,I,CL.,>~, .~,,lll~~~,l~~~~~ ILL tll\!,,'~ll\ \)I OL,I,, L>ld;.t!l-~ \ . - - - .~ ~- . 

8 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 

B. To be eligible to serve as a comnlissioner. a person must 

I. be at least 25 years of age: 

2. have a bachelor's degree from a college or university or its equivalent; 

3. he of high moral character or integrity; 
4. ncver have been convicted of a criminal offense other than ~lusdemeanor traffic 

offenseh; and 

5. he physically able to carry out the duties of office 

C. The Principal Chief shall, at the time of making the initial appointments and also at the 

time of making each appointment to fill a vacancy on the Commission a< provided 

hrrcln. designate one member to serve as Chairman, one member to serve as Vice 

Chairman and one member to serve a Secretary. 

D. The terms of office of the Comm~ss~on shall he three years; provided. however, that in 

order to stagger the expiration of ternla 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 yean. Provided, however, the arnendnlent. set 

tbnh ~n this Legislat~ve Act 1-94 shall not affect the terms of office of the penons who are 

n~emhen of the Cherokee Natron Cianung Comnuss~on rcs of the effective date of this Act. 

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

fro111 any department of the government of the Nation and may be removed only for 

taus, after a hearing by the -Clnker Nation 

UI\[IICI Coun under such rules and procedures as prescribed by the Council. A 

pel~tion for removal for cause may be brought by a vote of the majority of Tr~bal 

Counc~l Members, or the Principal Chief. Except as authorized under the Constitut~on 

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

shall. directly or indirectly. solicit, receive or in any manner he concerned in 

*1011citing or receiving any arsessment, subxript~on or contribution for any political 

org:m~i.;ltion, candidacy or other political purpose. No member of the Cherokee Nation 

Gaming Commission shall be a memher of a commlttce of a partisan political club, or 

a candidate for nomination or elect~on to any paid tribal office, or take part in the 

nlanagement or affairs of any tribal political party or in any political campaign, except 

((1 exercise his or her r~ght as a citizen privately to express his or her opinion and to 

cast his or her vote. 

F. In the event of a vacancy ~n the membership of the Commission, the Principal Chief 

shall, within twenty days of the occurrence of the vacancy, fill such vacancy for the 

unexp~red term, suhject to confirmation by a majority vote of the Council. 
. . , ' - . ~ . - .- - ~. - . ,' 

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PC'l~e~~~kct Na~~on Suprenre Cour~ : !~,.; 

. . , , -. , ,. , ,, 
9 2 1. License required for gaming facilities 

Any agent of the Cherokee Ndtlon conduct~ng publlc gmng operdtlons tor the benefit of the 

CheloLee N~llon on pmpeny of the Cherokee Ndtlon 

' shall be required to 

have '~nd dl\pldy prominently an appropriate. val~d and cumnt hcense ltzued punwant toprovls~on\ of th15 

Act 

Conducting pubhc gaming operations without the lawful written approval and licensure of the 

Clrrokce Nation Gaming Commission is a crime, and is punishable under 21 CNCA 9 10. Cherokee Nation 

bw ellfolcenwnt authorities have the sole authority to enforce cnminal laws concemlng gaming. 

Section 6. Provisions as Cumulative 

The pl-ovisions of this act shall he cumulative to existing law. 

Section 7. Severability 

The provisions of this act are severable and if any part of provision hereof shall be held void 

the decision ofthe court so holding shall not affect or impair any of the remaining pans or provisions 

ofthi\ act. 

Section 8. Emergency declared 

It heing immediately necessary for the welfare of the Cherokee Nation, the Council herehy 

declares that nn emergency exist, by reason whereof this act shall take effect and be in full force 

after its passage and approval. 

Enactcd by the Council of the Cherokee Nation on the & day of m, 2006 

Meredith Frailey. Speaker 

ATTEST: 

- 

&vb---- 

Don Garvin, Secretary 

Counc~l of the Cherokee Natlon 
Approved and signed by the Principal Chief this %day of m, 2006. 

Chad Snuth, Principal Chief 

Cherokee Nat~on 

V Cherokee Nation 

YICAS AND NAYS AS RECORDED: 

Aud1.a Smoke-Connel. 

Bill John Baker 

JIK' CI-ittendcn 

Jackie Boh Martin 

Pliyll~ Yargec 

Dav~d W. Thornton, Sr. 

Don Garvin 

Linda Hughe>-O'Leary 

YEA Melvina Shotpouch 

YEA Meredith A. Frailey 

YEA John F. Keener 

YEA Cara Cowan Watts 

YEA Buel Anglen 

YEA William G. Johnson 

YEA Charlec "Chuck" Hoskin 

YEA 
COUNCIL OF THE CHEROKEE 

1'. 0. Ilox 948 

'l'ahleqnah, OK 74463-0948 

I-800-$193-9465 or (918) 207-3900 

Fax: (918) 438-6217 

NATION 

+ 

' -8 

i 

dl -Chevdkee 

IBill .John Raker 

Tina <;IorpJordan 

PWict2 -Trail/&Tw& 

6. JtW Crittenden 

Jcwlie Fishinghaw k 

pmict3 -Seam& 

1)avicl W. Thornton, SF. 

.Janelle Eh~llhright 

Attached herewith is a copy of Legislative Act 44-04, "An Act 

Amending Legislative Act 30-89, The "Cherokee Nation Tribal 

Gaming Act"; and Declaring an Emergency", enacted by the 

Council of the Cherokee Nation on the 1 5th day of November, 2004. 

I hereby certify that the attached Legislative Act is a true and correct 

copy of the original legislation on file and the Cherokee Nation Tribal 

Council House. 

PWiGt5 - Dhm 

Curtis G. Snell 

1 larley 11. HIIZZHFC~ 

- w 

Meredith Ithiley 

Chris Soap 

Legislative Special Assistant 

Tribal Council Office 

Cherokee Nation 

d7 - WiU/Rvp 

Cam Cowan Watts 

DWict8 -K& Cherokee Nation 

llrlel Anglen County of Cherokee 

Hmlley Cobb 

Subscribed and sworn to before me this Cday of November, 2007. 

DWW 9 - CVCh~lck Iloskin, Jr. 

"At LcwaeJJ Cd 

Jaek I). Raker 

.Jalia Coatcs 

(Seal) 

My Commission Expires: 1 1 \ 1 1 a-0 ^O 

r 

My Commission Number: ( )b() 10\ 7 
C~,~n~~i~ttcc Spon\or O'LearvIBaker 

[late 1 1 - 15-01 Coni~~i~tt~r Dilt. Author 

An Act 

Legislative Act 44-04 

AN ACT AMENDING LEGISLATIVE ACT 30-89, THE "CHEROKEE NATION TRIBAL 

GAMING ACT'; AND DECLARING AN EMERGENCY 

UE IT ENACTED BY THE CHEROKEE NATION: 

it I 11111 

rh~r act \hell hc Lnown as the "?IN4 Tcchn~cal Amendments to the Cherokee NatlnnTr~hal Gam~ng Acl" andc~d~ilcd 

.1\ l'ltlc 4. Scct~on\ 22. 25. 26. I and 41 ot the Chcrokw Nacton Code Annotated. 

\L.L 1,011 1. I'III~,'I,c. 

Thc purpohc ,,fth~\ Act I< to make ccrtaln lechn~cal amendment\ to Lcglslative Act 3(bKY. the "Cherokee NatlonTrihal 

C;.IIIIIIIF Act" 10 autlit~r~~c and prov~de for the regulation ol those forms of Class I11 gaming that havc heen compacted lor wllh 

thu Stalc <,I Ohlah~~tnil and/<,r authortled hy leglslauvc action. 

\LIIII)II _1. I.c~~.Ii~li~cIi\tw 1. 

C'NCA Tl~lc 4. the "Cherokee Natlon Tr~hal Ca~n~ng Act". wa\ enacted hy kplrlat~vc Act 70-89. a\ amended hy 

LC~I\I~IIILC Act\ IN-Yo. 01-Y4 and 1Y-07 

\cct~ors 4. \II~~I~IIII\C I'~Ro\I\I~~II\. 

. Sccllon 22 \hall hc amendcd as follows 

# 22. Classes and lees 

Thcrc \hall he 4wa hd~fferent classes of gaming. each character~md hy xparalc rcqulrements and fi\ 

.Thew cla\ses are crcaled in co~npl~ancr w~th the Indian Gaming Regulatory Act. Puhllc Law l(N)-497. 

Oclt~hcr 17. 19x8. 25 U.S.C. 2501 et he&. and the rules and rcgulaltons adopted pursuant to \a~d Act 

h. New Section 25 to h addcd as follows 

B 25. Class I11 Gaming License 

Clas Ill gaming IS hcrehy authoried to he conducted only hy an cnterprlu that is own& u~lely hy the 

Cherokee Nauon and may he issued to 11, dcs~gnatd and approved agents and cmployces 

c Ss~llon 26 ahall he amended as follow\ 

# 26. Use of gaming revenue 

The Cherokee Natlon w~ll havc the sole propr~etary interest and rrspons~h~l~ty for the 

c~mduct of any gamlng actlvlty under a Clax\ II or Class 111 Ilcensc and all net 

rcvcnucs from any wch gamlnp are to he used lor trlhdl purposer, including 

A. 'To lund tr~hal government oprat~uns or programs, 

B To prov~de Ibr the general welfare of the Cherokee Nauon and its tr~hal mcmhcrs: 

C' To promote lr~hal economic dcvelnpmenl: 

D TCI dunate lo chrrltrhlc organlzatlon\: or 

F. To help hnd qxratlons of Icral gavernment agencic, 

I 
<I S~.ct~on 71 \hall he an~cndcd hy ~niluding tl~c wordc 'and Cia\\ 111'' lollow~ng tlic wor(l\ 

"('la\\ 11" a\ 11 apwarr In I~I\ sectn,n 

1 41. Licenses for Key Employees and Primary Management Officials 

I'hc Cl~c~t~Lcc Nallon. hy and through the Chcrokcr Nation Gaming Ct~nirn~\s~on. shall cnwrc that rhc following 

p~lllc~cr and ~proccdurc\ ds prcscr~hcd hy the IGRA arc ~mplenlented w~th rcspect 11) hcy employer\ and prlniary 

Illan,tgcillcnl oIlic~al\ cmploycd a1 ,*ny Clas\ I1 or Cia\\ Ill garnlng fac~lity opcratlon on Chorokcc Nation lr~hal land\ 

Thu plovi\~on\ ol I~I* acl shall he cun~ulatlvc Icr exl\llng law 

I'hr Iprovl\lt,n, r,l th~\ act arc \evcrahlr and it'any part olprov~r~on hcrcot'\hall hc held vo~d Ihc drc~\ion nl Ihc court 

\<> l10ld111g \hall no1 aflccl or ltnpalr any #IF the remalnlng part< ar provlrlons of 1h1\ acl 

It hc111p ~mn~cd~ately ncccsary fix the weltarc of the Cherokee Nauon. the C(~unc~l herehy declare\ that an cmcrgency 

cxi\l\. hy rcaa<m whcreofthl\ act shall lahe effect and hc In full forcc alter 11s pasage and approval. 

TI) ~licxtcnl lhal this Act ~nvolvca program, or *rviccs to c1ti7sn\ of thc Nation or othcrs. %It'-help conlr~hution\ shall 

k rcqu~rctl. unlcu \pecilically proh~h~led hy the fund~np agency. or a walvcr IS granted due lo physical or mental incapacity 

ol tllc parllclpant ICI c(~nm~hutc 

En:~clcd hy the Counc~l nflhe Cherokee Nation on the 15th day of November .2r)04 

ATTEST: 

c,,d~& 111 JI,~II ahcr. Sccrctarv 

Approved and \~gncd hy thc Principal Chief lhis day of NOVEMBER ,2004 

' Chad ~rntth.#h~cf 

YEAS A N D N A Y S AS RECORDED: 

Audra Sn~<~hc-Cnnncr 

hill Jobs Bake1 

Jcc Cr~llcndcn 

JacL~c hoh Mar~ln 

Phyll~s Yargcc 

Dav~d W. Tht~rnlon, Sr 

Don (;arv~n 

1.1nd:l Hughe\-O'Lcary 

Melvina Shotpouch 

Yea Meredith A. Fra~ley 

Yea John F. Kecncr 

a Cara Cowan 

& Buel Anglen 

Yea W~llian~ G. John.wn 

a Charles "Chuck Hosk~n 

Nav 
COUNCIL OF THE CHEROKEE 

Y. 0. Box 94% 

l'ahlequlrh, OK 74463-0948 

1-NOO-995-9465 or (91%) 207-3900 

Fax: (91 N) 45%-6317 

NATION 

I CF~ 

Rill .John Raker 

l'ina <iloryJordan 

Attached herewith is a copy of Legislative Act 37-03, "An Act 

Z)mictZ - TrdofT-k Amending Title 4, "Amusements and Sports: of the Cherokee S. Joe Crittenden 

Jdie k3shinghnwk Nation Code and Declaring an Emergency", enacted by the Council 

of the Cherokee Nation on the 1 oth day of November, 2003. 

DWict3 - Seaucwcch/ 

1)avicl W. 'I'hornton, SF. I hereby certify that the attached Legislative Act is a true and correct 

Janelle k\:llbri~ht copy of the original legislation on file and the Cherokee Nation Tribal 7 Council House. 

nmict5 - Dhave 

Curtis G. S~lell 

Ilarley 1,. Razzad d Gayle Mill kftg-07 Legislative Special Assistant pma6 - MwW - Tribal Council Office 

Meredith khiley Cherokee Nation 

Chris Soap 

& 7 - wiU/ROt$Wk 

Cam C'owan Watts 

DWict8 - K& Cherokee Nation 

13uel Anglen County of Cherokee 

Rmlley Cobb 

Subscribed and sworn to before me this &'day of November, 2007 

pmict9 - cv* 

Chu~ek Iloskin, .Jr. 

"At Lcugen Cd Notary Public 

.Jack I). Raker 

Jr~lin Coates 

My Commission Expires: 1 b 1 l 30 \ 0 

(Seal) 

My Commission Number: 0( Q()\ ()\7 LQ 
LEGISLATIVE ACT 37 2003 

AN ACT AMENDING TITLE 4, "AMUSEMENTS AND SPORTS" 

OF THE CHEROKEE NATION CODE 

AND DECLARING AN EMERGENCY 

BE IT ENACTED BY THE CHEROKEE NATION: 

SECTION 1. Title And Codification. 

This Legislative Act shall be amendments to Title 4, Cherokee Nation Code, Sections 16 

and 21, and shall be titled "The Gaming Commission Amendment Act of 2003." 

SECTION 2. Purpose 

The purpose of this amendment is to clarify activities that fall under the jurisdiction of the 

Cherokee Nation Gaming Commission. 

SECTION 3. 1,eeislative Histow. 

'The sections were originally adopted in LA 30-89, eff. April 8, 1989, and amended LA 9- 

90, eff. October 22, 1990. 

Cherokee Nation Constitution Article V, Section 7. 

SECTION 4. Definitions. 

'Chose definitions found at Title 4, Cherokee Nation Code, Section 3, are applicable here. 

-- SECTION 5. 

A. Amend Title 4, Section 16, as follows: 

The Commission shall be empowered with all necessary powers of control over all such 

entities 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 administrative hearings, (e 

dtywwe- and to compel the 

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

association or cornoration within the iurisdiction of the Nation for the Durnose of the enforcement. 

assessment of collection of any tax, costs or other fees. Provided that. Cherokee Nation Tribal law 

enforcement authorities shall have sole iurisdiction to enforce all criminal laws concerning gamine, 

B. Amend Title 4, Section 21, as follows: 

Any anent of the Cherokee Nation conducting public ~amine. operations for the benefit of 

the Cherokee Nation on uropertv of the Cherokee Nation shall be reauired to have and display 

prominently an appro~riate. valid and current license issued pursuant to provisions of this Act. 
Conducting public gaming operations without the lawful written approval and licensure of 

the Cherokee Nation Gaming Commission is a crime. and is punishable under 21 C.N.A. 610. 

Cherokee Nation law enforcement authorities have the sole authority to enforce criminal laws 

concerning gaming. 

SECTION 6. Provisions as Cumulative 

The provisions of this act shall be cumulative to existing law 

SECTION 7. Severabilitv 

The provisions of this act are severable and if any part or provisions hereof shall be held 

void the decision of the court so holding shall not affect or impair any of the remaining parts or 

provisions of this act. 

Effective Date: Emereencv 

It being immediately necessary for the welfare of the Cherokee Nation, the Cherokee 

citizens hereby declare that an emergency exists, by reason whereof this Act shall take effect and 

be in full force after its passage and approval. 

ATTEST: 

34522 

Bill John Bater, $@+L Secretary 

8L 

Councll of the Cherokee Nation 

Approved and signed by the Principal Chief this 10th day of NOVEMBER ,2003. 

= - _ 

Chadwick Smith. Pnnci~al CMef 

\ 

YEAS AND NAYS AS RECORDED: 

Bill John Baker NAY 

Audra Smoke-Conner YEA 

S. Joe Crittenden - YEA 

Jackie Bob Martin YEA 

Phyllis Yargee YEA 

David W. Thornton, Sr. YEA 

Don Garvin YEA 

Linda Hughes-O'Leary YEA 

Cherokee Nation 

Melvina Shotpouch NAY 

Meredith Frailey YEA 

John F. Keener YEA 

Cara Cowan - YEA 

Buel Anglen YEA 

William G. "Bill" Johnson YEA 

Charles "Chuck" Hoskin SAINED 
COUNCIL OF THE CHEROHEE NATION 

ID. 0. Box 948 

Tahleqnah, OK 74465-0948 

1-800-!)95-!)465 or (91 8) 207-3900 

Fa\: (918) 456-6217 

Rill .John naker 

Tina (:lory Jordan 

mt2 - Trdof Teavp Attached herewith is a copy of Legislative Act 29-03, "A Legislative 

S. J(w Crittenden Act Amending LA#30-89, The "Cherokee Nation Tribal Gaming 

Jcdie Fishinghawk Act" as Amended by LA#1-94", enacted by the Council of the 

Cherokee Nation on the 3oth day of September, 2003. 

pmid-3 - Seauovckh/ 

])avid W'. 'I'hornton, 8r. I hereby certify that the attached Legislative Act is a true and correct 

Jrmelle k'r~llbrinht copy of the original legislation on file and the Cherokee Nation Tribal - 

Council House. 

PWict5 - Dhm 

Curtis (A. SneH //- f-07 

IIarley I,. Razzarc1 I 

Gayle ~ilgr Date 

Legislative Special Assistant pmid-6 - Mww - Tribal Council Office 

Medith khiley Cherokee Nation 

Chris Soap 

d7 - k)d.&Rwk 

Cam Cowan Watts 

PWW8 -K& Cherokee Nation 

Rnel Anglen County of Cherokee 

ISradley Cobb 

Subscribed and sworn to before me this &day of November, 2007. 

pmag - cyq 

Chuck Iloskin, Jr. 

"At Lww" Cd 

&!hL 

Notary Public 

Jack 1). Baker 

J~lli~ Cotlt~'~ 

My Commission Expires: \ bl 17 I 

(Seal) 

My Commission Number: O(C010 i-2 @ 
Legislative Act 29 - 03 

A LEGISLATIVE ACT AMENDING LA# 30-89, THE "CHEROKEE NATION 

TRIBAL GAMING ACT" AS AMENDED BY LA# 1-94 

BE IT ENACTED BY THE CHEROKEE NATION: 

Section 1. Title and Codification 

This act shall be known as the "2003 Technical Amendment to the Cherokee 

Nation Tribal Gaming Actn and coditied as Title 4, Section 2(C) and 3(G) of the 

Cherokee Nation Code Annotated. 

Section 2. Purpose 

The purpose of this Act is to amend LA# 30-89, as amended by LA# 1-94. This 

Amendment will authorize and provide for the regulation of those forms of Class Ill 

gaming which have been compacted for with the State of Oklahoma andlor authorized by 

legislative action. 

Section 3. Substantive Provisions 

a. New Section 2(C) to be added as follows: 

To Authorize and regulate all forms of Class I11 gaming as defined by this Act 

and the Indian Gaming Regulatory Act, 25 U.S.C. $2701 et seq. for which the 

Nation has duly compacted with the State of Oklahoma or the State has 

authorized by enactment. 

b. New Section 4(H) to be added as follows: 

Class 111 Gaming includes all those forms of gaming that are not Class I or Class 

I1 gaming. 

Section 4. Provisions as cumulative 

The provisions of this act shall be cumulative to existing law. 

Section 5. Severability 

The provisions of this act are severable and if any part of provision hereof shall be 

held void the decision of the court so holding shall not affect or impair any of the 

remaining parts or provisions of this act. 

Section 6. Effective Date: Emergency declared 

It being immediately necessary for the welfare of the Cherokee Nation, the 

Council hereby declares that an emergency exists, by reason whereof this act shall take 

effect and be in full force after its passage and approval. 

Enacted by the Council of the Cherokee Nation on the 30th day of SEPTEMBER ,2003. 
ATTEST: I 

, Secretary 

Cherokee Nation Council 

Approved and s~gned by the Pnnc~pal Ch~ef thls 2 day of OCTOBER ,2003 

--- -- 

YEAS AND NAYS AS RECORDED: 

Buel Anglen - YEA 

Bill John Baker - YEA 

Cara Cowan YEA 

S. Joe Crittenden YEA 

Meredith Frailey YEA 

Don Garvin - 

PEK 

C:harles "Chuck" lloskin YEA 

Bill Johnson - YEA 

John F. Keener 

Jackie Bob Martin 

Linda Hughes O'Leary 

Melvina Shotpouch 

Audra Smoke-Conner 

David W. Thomton, Sr 

Phyllis Yargee 

YEA 

YEA 

YEA_ 

YEA 

-- 

YEA 

YEA