. . 

, ... . .-';:,. .. . >_ .,: d. 

. . .. . --. .*. .. . ... ' . .,. Mr. Harold ~hesnin 

401 Second Avenue South 

suite 500 

Seattle, Washington 98104 

Dear Mr. Chesnin: 

This letter responds to your request to review and approve the 

. . - tribal gaming ordinance submitted on September 23, 1993, for the 

* .. ., - Confederated Tribes of the Chehalis Indian Reservation (the ..?> ' 

. .- - Tribe). 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 remirements 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. Also, such 

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

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

Tribe 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. S 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). 

Thank you for -subinitting the ordinance of the Confederated Tribes 

of the Chehalis Indian ~eservation for review and approval. The 

NIGC staff and I look forward to working with you and the Tribe 

in implementing the IGRA. 

Sincerely yours, 

Anthony J. Hope 

chairman 

cc: Magdalena Medina, chairperson 

1850 M STREET. N W. SUITE 250 WASHINGTON. 0 C 20036 TEL. 202.632-7003 FAX- 202-632-7066 
CONFEDERhTED TRIBES 

of the 

CHEHRLIS RESERVATION 

~esolution Number 1993-29 

RE: Gaming Ordinance Approval 

WHEREAS: The Business Committee of the Confederated ~ribes of the 

Chehalis Reservation is the duly constituted governing body of the 

Chehalis Indian Tribe, in accordance with the Constitution and ByLaws adopted by the voting members of the Tribe and approved by the 

Commiseionex of Indian Affairs, and 

WHEREAS: The Business Committee is responsible for protecting and 

enhancing the social, health, education, and economic well-being of 

Tribal members, and 

WHEREAS: It ie resolved that the Gaming Ordinance with respect to 

Class I1 and Claes I11 Gaming on the Chehalis Indian Reservation is 

hereby approved and adopted immediately subject to the approval of 

the National Indian Gaming Commission, 

CERTIFICATION: This Resolution, Numbex 1993-29, was duly 

considered and approved at a specially scheduled meeting of the 

Chehalis Business Committee held Wednesday, September 15th, 1993, 

at which a quorum was present. The vote beingLfor;d~gainst 

witha~bstentions, and with the Chairperson not voting, 

0-4. 7 G..L/& ' , , 

lena Medina 

Chairperson 

P.O. BOX 536 OAKVILLE, WA. 98568 

AC 206-273-591 1 FAX 206-173-5914 
GAMING ORDINANCE 

OF THE 

CONFEDERATED TRIBES OF THE CHEHALIS INDIAN RESERVATION 

I. Purpose 

The General Council and the Business Committee acting 

pursuant to the Constitution of the Confederated Tribes of 

the Chehalis Indian Reservation (hereinafter the "Tribe"), 

with full power to enact ordinances, and further acting 

pursuant to the Class I11 Gaming Compact between the Tribe 

and the State (hereinafter the "Compact") hereby enacts this 

Gaming Ordinance in order to set the terms for Class I1 and 

Class I11 gaming operations on tribal lands. 

11. Gaming Authorized 

A. Class I1 and Class I11 gaming as defined in the 

Indian Gaming Regulatory Act, P.L. 100-447, 25 U.S.C. 

§2703(7)(A) and §2703(8), respectively (hereinafter "IGRA") 

and by the regulations promulgated by the National Indian 

Gaming Commission at 25 C.F.R. S502.3 (as published in the 

Federal Register at 57 FR 12382-12393, April 9, 1992) is 

hereby authorized. 

B. Class I gaming, as defined in IGRA is hereby 

authorized. 

111. Ownership of Gaming 

The Tribe shall have the sole proprietary interest in 

and to and responsibility for the conduct of any gaming 

operation authorized by this ordinance. 

IV. Use of Gaming Revenues 

A. Net revenues from Class I1 and Class I11 gaming 

shall be used only for the following purposes: 

1) To fund Tribal governmental operations and 

programs; 

2) To provide for the general health and welfare 

of the Tribe and its members; 

3) Promote Tribal economic development; 

4) To fund the acquisition of lands to be taken 

into Tribal ownership, whether in fee or in trust: 

GAMING ORDINANCE 

PAGE 1 
5) To promote environmental and natural resource 

issues effecting the Tribe; 

6) To donate to charitable organizations; 

and / or 

7) To help fund operations of local government 

pursuant to the Compact. 

B. In the event that the Tribe shall elect to make per 

capita payments to individual tribal members, it shall 

authorize such payments only upon approval in advance of a 

plan submitted to the Secretary of the Interior pursuant to 

25 U.S.C. S2710 (b)(3). 

V. Audits 

A. The Tribe shall audit all Class I11 gaming 

facilities in the manner and pursuant to the terms of the 

Compact . 

B.The Tribe shall cause an independent audit of the 

gaming operations to be conducted annually and shall submit 

the resulting audit report(s) to the National Indian Gaming 

Commission (hereinafter the "Commission1'). 

C. All gaming related contracts that result in the 

purchase of supplies, services, or concessions in excess of 

$25,000.00 per annum, except contracts for professional 

legal and accounting services, shall be specifically 

included within the scope of the audit(s) set forth above in 

v (B). 

D. All audits shall include, inter alia, the following 

information: 

1) gaming gross income; 

2) other gross income related to gaming 

operations; 

3) prizes or winnings paid; 

4) operating expenses; 

5) debt service amortization; 

6) fees paid, including management fees; 

7) payments made pursuant to the Compact; and 

8) distribution to the Tribe. 

GAMING ORDINANCE 

PAGE 2 
VI. Protection of the Environment and Public Health and 

Safety 

A. All Class I1 and / or Class I11 gaming facilities 

shall be constructed, operated and maintained in a manner 

that protects the environment and the public health, safety 

and welfare. 

B. All construction of Class I1 and / or Class 111 

gaming facilities shall be constructed in conformity with 

the Uniform Building Code, unless specific variances are 

obtained from the Tribe. 

VII. Licensing Procedures 

A. The Tribe shall ensure that the policies and 

procedures set forth in this Section shall be implemented 

with respect to key employees and primary management 

officials employed at any Class I1 and / or Class I11 gaming 

facility operated on Reservation lands. 

B. With respect to Class I11 licensing procedures, the 

following shall apply: 

1) Pursuant to the Compact and the terms thereof, 

which terms are incorporated herein, the State of 

Washington shall certify all Managers and 

employees of the Class I11 gaming operation. 

2) Unless the Tribe shall determine to rely upon 

State certification, the Tribe shall also 

investigate and certify the Managers and employees 

of the Class I11 gaming operation. 

3) In the event of a Tribal investigation, then 

the provisions with respect to Class I1 

investigations shall apply. 

4) The Tribe shall license all Class I11 and Class 

I1 gaming Managers and employees. 

C. Class I1 Gaming Key Employees and Primary Management 

Officials 

1) Definitions: For the purposes of this section, 

the following definitions shall apply: 

a) Key Employees means: 

(i) A person who performs one or more of 

the following functions: 

(a) Bingo caller 

(b) Counting Room Supervisor 

(c) Chief of Security 

GAMING ORDINANCE 

PAGE 3 
(d) Custodian of gaming supplies or 

cash 

(e) Floor Manager 

(f) Pit Boss 

(g) Dealer 

(h) Croupier 

(i) Approver of credit 

(j) Custodian of gambling devices 

including persons with access 

to cash and accounting records 

within such devices 

(ii) If not otherwise included, any 

other person whose total cash 

compensation is in excess of 

$50,000 per year; or 

(iii) If not otherwise included, the 

four most highly compensated 

persons in the Casino operation. 

b) Primary management official means: 

(i) The person(s) having management 

responsibility for a management 

contract; 

(ii) Any person who has authority to 

hire or fire employees or to set up 

working policy for the gaming 

operation; or 

(iii) The chief financial officer or 

other person who has financial 

management responsibility. 

2) Application forms 

a) The following notice shall be placed on 

the Tribe's application form for a key employee or a primary 

management official before that form is filled out by the 

applicant. 

"In compliance with the Privacy Act of 1974, the 

following information is provided: Solicitation of the 

information on this form is authorized by 25 U.S.C. 2701 et 

seq. The purpose of the requested information; to determine 

the eligibility of individuals to be employed in the Tribe's 

gaming operation. The information will be used by the 

National Indian Gaming Commission members and staff who have 

need for the information in the performance of their 

official duties. The information may be disclosed to 

appropriate Federal, Tribal, State, local, or foreign law 

enforcement and regulatory agencies when relevant to civil, 

criminal or regulatory investigations or prosecutions or 

when pursuant to a requirement by the Tribe or the National 

Indian Gaming Commission in connection with the hiring or 

firing of an employee, the issuance or revocation of a 

gaming license or certification, or investigations of 

activities while associated with the Tribe or its gaming 

GAMING ORDINANCE 

PAGE 4 
operations. Failure to consent to the disclosures indicated 

in this notice will result in the Tribe's being unable to 

hire you in a primary management official or key employee 

position. 

The disclosure of your Social Security Number is 

voluntary. However, failure to supply a SSN may result in 

errors in processing your application." 

b) Any existing key employee or primary management 

official shall be notified that they shall either complete 

an application form with the above set forth Privacy Act 

notice or sign a separate statement containing the said 

notice and thereby consent to the uses described therein. 

c) An additional notice as set forth below shall 

be included on all Tribal application forms for key 

employees and primary management officials: 

"A false statement on any part of your application may 

be grounds for not hiring you, or for firing you after you 

begin work. Also, you may be punished by fine or 

imprisonment." 

(18 U.S.C. 1001) 

d) Any existing key employee or primary management 

official shall be notified that they shall either complete 

an application form with the above set forth notice 

regarding false statement in it or sign a separate statement 

containing the said notice and thereby consent to the uses 

described therein. 

3) Background investigations 

a) To the extent that the information is not 

collected in the State certification process set forth in 

the Compact, the Tribe shall obtain the following 

information from each primary management official and each 

key employee: 

(i) Full name, other names (oral or written), 

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

citizenship, gender, and all languages spoken or written; 

(ii) Eusiness and employment positions held 

for the last five (5) years, including ownership interests 

held in those businesses, business and residence addresses 

and drivers license numbers, all for the last five (5) 

years; 

(iii) The names and current addresses of at 

least three (3) personal references, including one personal 

reference who was acquainted with the applicant during each 

period of residence listed above; 

GAMING ORDINANCE 

PAGE 5 
(iv) Current business and residence telephone 

numbers; 

(v) A description of any current or previous 

business relationships with Indian tribes, including 

ownership interests in those businesses; 

(vi) A description of any existing and 

previous business relationships with the gaming industry 

generally, including ownership interests in those 

businesses; 

(vii) The name and address of any licensing 

or regulatory agency with which the person has filed an 

application for a license or permit related to gaming, 

whether or not such license or permit was granted; 

(viii) For each felony for which there is an 

ongoing prosecution or a conviction, the charge, the name 

and address of the court involved and the date and 

disposition, if any; 

(ix) For each misdemeanor conviction or 

ongoing misdemeanor prosecution (excluding minor traffic 

violations), within 10 years of the date of the application, 

the name and address of the court involved and the date and 

disposition; 

(x) For each criminal charge (excluding minor 

traffic charges), whether or not there is a conviction, if 

such criminal charge is within 10 years of the date of the 

application and is not otherwise listed pursuant to the 

paragraphs set forth above, the criminal charge, the name 

and address of the court involved and the date and 

disposition; 

(xi) The name and address of any licensing or 

regulatory agency with which the person has filed an 

application for an occupational license or permit, whether 

or not such license or permit was granted; 

(xii) A current photograph; 

(xiii) Any other information the Tribe deems 

relevant; and 

(xiv) Fingerprints consistent with procedures 

adopted by the Tribe according to 25 U.S.C. 522.2(h). 

b) To the extent that the Tribe does not rely upon 

the certification provided by the State of Washington, the 

Tribe shall conduct an investigation sufficient to make a 

determination under the provisions set forth below. In 

GAMING ORDINANCE 

PAGE 6 
conducting a background investigation, the Tribe shall 

promise to keep confidential the identity of each person 

interviewed in the course of the investigation. 

4) Eligibility Determination 

The Tribe shall review a person's prior 

activities, criminal record, if any, and reputation, habits 

and associations to make a finding concerning the 

eligibility of a key employee or primary management official 

for employment in its gaming operation. If the Tribe 

determines that the employment of the person 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, then the Tribal gaming operation(s) shall 

not employ that person as a key employee or a primary 

management official. 

5) Procedures for Forwarding Applications and Reports 

for Key Employees and Primary Management Officials to the 

National Indian Gaming Commission. 

a) When a key employee or a primary management 

official begins work at a gaming operation authorized by 

this Ordinance, the Tribe shall forward to the National 

Indian Gaming Commission a completed application for 

employment and conduct the background investigation and 

determination set forth above. 

b) The Tribe shall forward the report set forth 

below to the National Indian Gaming Commission within 60 

days after an employee begins work or within 60 days of the 

approval of this Ordinance by the Chairman of the National 

Indian Gaming Commission. 

c) The gaming operation(s) shall not employ as a 

key employee or primary management official a person who 

does not have a license after 90 days. 

6) Report to the National Indian Gaming Commission. 

a) Pursuant to the procedures set out above, the 

Tribe shall prepare and forward to the National Indian 

Gaming Commission an investigative report on each background 

investigation. An investigative report shall include the 

following: 

(i) Steps taken in conducting a background 

investigation. 

(ii) Results obtained. 

(iii) Conclusions reached. 

GAMING ORDINANCE 

PAGE 7 
(iv) The bases for the conclusions. 

b) The Tribe shall submit a copy of the 

eligibility determination along with the report. 

c) If a license is not issued to an applicant, the 

Tribe shall notify the National Indian Gaming Commission and 

forward copies of its eligibility determination and 

investigative report to the National Indian Gaming 

Commission for inclusion in the Individual Records System. 

d) With respect to key employees and primary 

management officials, the Tribe shall retain applications 

for employment and reports of background investigations for 

inspection by the Chairman of the Commission or his / her 

designee for no less than three (3) years from the date of 

the termination of employment. 

7) Granting a Gaming License 

a) If, within a thirty (30) day period after the 

National Indian Gaming Commission receives a report, the 

Commission notifies the Tribe that it has no objection to 

the issuance of a license pursuant to the license 

application filed by a key employee or primary management 

official, the Tribe may issue a license to such applicant. 

b) The Tribe shall respond to a request for 

additional information from the Chairman of the Commission 

concerning any key employee or primary management official. 

Such a request shall suspend the 30 day period set forth 

above until the Chairman has received the information 

requested. 

c) If, within the thirty (30) day period, the 

Commission provides the Tribe with a statement itemizing 

objections to the issuance of a license, the Tribe shall 

reconsider the application, taking into account the 

objections. The Tribe shall then make a final decision as 

to whether to issue a license to the applicant. 

8) License Suspension. 

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

Tribe receives from the National Indian Gaming Commission 

reliable information indicating that a key employee or 

primary management official is not eligible for employment, 

the Tribe shall suspend such license and shall notify in 

writing the licensee of the suspension and the proposed 

revocation. 

b) The Tribe shall notify the licensee of a time 

and place for a hearing on the proposed revocation. 

GAMING ORDINANCE 

PAGE 8 
c) After a revocation hearing, the Tribe shall 

decide whether to revoke or to reinstate the gaming license. 

The Tribe shall notify the National Indian Gaming Commission 

of its decision. 

9) License Locations 

The Tribe shall issue a separate license to each place, 

facility or location on the Reservation where Class I1 and / 

or Class I11 gaming is conducted under this Ordinance. 

10) Provisions under the Confederated Tribes of the 

Chehalis Indian Reservation - State of Washington Compact. 

With respect to Class I11 gaming only and so long as 

the Compact shall be in full force and effect and 

enforceable by the Tribe against the State of Washington, 

the following sections copies of which are attached hereto 

and made a part hereof shall be adopted by and incorporated 

in this ORDINANCE: 

Section 111, IV, V, IX (C), and Appendix A, as 

amended by the concurrence of the Tribe from time 

to time. 

11) Amendment or Repeal 

To the extent that any prior ordinance of the 

Tribe is inconsistent with the provisions of this Ordinance, 

then the said prior ordinance is hereby amended or repealed 

to the extent necessary to conform to this Ordinance. 

GAMING ORDINANCE 

PAGE 9