August 4, 2016 

VIA FIRST CLASS MAIL 

President John Yellow Bird Steele 

Oglala Sioux Tribe 

P.O. Box 2070 

Pine Ridge, South Dakota 57770 

Re: Oglala Sioux Tribe Amendments to Gaming Ordinance No. 14-41 

Dear President Steele: 

This letter responds to your April 26, 2016 request on behalf of the Oglala Sioux Tribe for the 

National Indian Gaming Commission Chairman to review and approve a gaming ordinance amendment. 

The request was supplemented by Mr. William Brewer on May 18, 2016, with several gaming 

ordinances, including the one referenced by your letter: 15-01 (.T anuary 30, 2015» 15-12 (July 2015), 

and 16-6 (March 10, 2016). These ordinances amend, but do not replace, Oglala Sioux Tribe Ordinance, 

No. 14-41. 

Each ordinance makes limited amendments to Gaming Ordinance 14-41 and is not intended to 

stand alone: 

• 15-01 makes minor technical corrections to the titles and qualifications of gaming 

commissioners; 

• 15-12 revises commissioner eligibility criteria to require that commissioners also satisfy 

the eligibility criteria of key employees and primary management officials and prevents 

current employees of the gaming operation from serving as commissioners~ 

• 16-06 authorizes Craps, Roulette, and Keno as Class III games, consistent with recent 

amendments to the Tribal-State Compact. 

NEW MAILING ADDRESS: NIG<:/ DEPARTMENT OF THE INTERIOR 1849 C Slreel NW. Moil Slop # 1621 Woshi nglon, DC 20240 Tel: 202.632./003 Fox: 202.

6321066 

REGIONAL Omcrs Porllond, O R; Socro1n.,nto, CA ; Phoenix, AZ; SI .Poul, MN; Tulsa O K; Oklahoma City, O K 

WWW.N IGC.GOV 
President John Yellow Bird Steele 

Oglala Sioux Tribe 

Re: Oglala Sioux Tribe Amendments to Gaming Ordinance No. 14-41 

Page 2 of2 

I note that two of these resolutions dates back to early 2015. I remind the Tribe that NIGC 

regulations require ordinance amendments to be submitted within 15 days after adoption by the Tribe. 1 

Please keep this in mind going forward. 

The gaming ordinances are approved as they are consistent with the requirements of the Indian 

Gaming Regulatory Act and NIGC regulations. If you have any questions concerning this letter or the 

ordinance review process, please contact Jennifer Lawson at (202) 632-7003. 

cc: William Brewer, Oglala Sioux Tribal Gaming Commission 

I 25 C.F.R. § 522.J(b) 
RESOL ON 

RESOLUTION ON THE OGLALA SIOOX T IBAL COONCJ i 

Of THE OGLALA SIOUX TR BE l (~n Unincorporated Tri e) . 

RJ::SO:LUTION OF THE OGLALA SIOUX TRIBAL COUN TL APPOINT . 

GAMING COMM!SS!ON FOR THE PRAI~IE WlND CASINO FOR THE 20 . 

WHEREAS, the Oglal a Sioux Tribe adopt its f ed 

Constitution and By-Laws by referendum vot.e on Dec:Slt'J:)e 

accordance with section 16 of the Indian Ra rganizatio 

and 

WHE~EAS, under the OST Constitution 

Council is the ~overning body upon the Pine 

and 

WHERAS, tha Oqlala Sioux Tt-ibe did en r into a r 

under which the Oglala Sioux Tribe conducts ing upon t 

Indian R~serva io~, and 

0. 15-11 

3-MEMBER 

TERM. 

'tri:bal 

WHEREASf the Oglala Sioux Tribal Counci did adopd rdi nee No. 

14-17 under which the Oglala Sioux Tribe id approval ne gaming 

ordinance :o~ gaming upon t he Pine Ridge rndi n Reservatf o~, a d 

WHEREAS, Ordinance No. 14-17 at Part 2 Regulatidnt I Gaming 

Comrc.i.ssion, the 09lala. Sioux Tribe did er ate a gamlds c i ssion 

which consists of three members, and hat the f.rltitia three 

individuals appointed under this oxdinance terms of srrvi e shall 

expire when new commi~sioners are elected du f~ ng the 20 6 10gl la Sioux 

Tribal electionB, and 

WHEREAS 1 che Og1ala Sioux Election Co · i fJ.sion w~1$ j d ir$ctecl to 

receive t he letters of intent frcrn pro~pe 'tive candi ~tes, ~ do the 

criminal background checks and hair foll icl 1 tests. on J;ndidr:..tes a nd 

to forward the list of candidates to the Og ala Si.ou:x ~ibal Council 

for r.heir action, and .I [ ~ 

WHERE.AS, the Oglala Sioux Tribe ~lectio i commissio I ilas ~ompleted the du1:ies as directed and did f orward t pro~pect1v~ cardidates 

names to the Oglala Sioux Tribal council for ! eir appoiitzent,I now 

THEREFORE BE IT RESOLVED, that the Ogla Sioux Tr i!b~l Co ncil of 

the Oglala Sioux Tribe does hereby app nt after 14 thjoroughly 

interview process, Mary Felicia, Phili Goo Crow, and W.arJ;e ·cross, 

as commissioners to the Oglala Sioux Tribe G ing Coromisii;n, nd 

II 

I 
~ESOLOTION NO. 15-71 

~age Two 

BE IT FORTHER RESOLVED, that the indivi 

Sioux Gaming Commissione rs terms of o!f i c 

election is he l d for t he commissioner positi 

Sioux Tribal eleetions. 

I: 

uals appoin~ed as 09lala 

shall expire once an 

s during the 2016 Oglala 

j: C-E-R-T-r-r~r-c-A-T- I-~-N 

! 

I, as undersigned Secretary of the Oglala Siijux tri bal Council of the 

Ogl~1a Sioux Tribe, hereby certify that this ~e5olution was adopted by 

the vot e of: 16 For; Q Against; Q Abst~linill .9. Not Voting; during e 

REGULAR SESSION hel~ on the l" day of APRIμ, f, 01s. 

A-T-T-E-S-T: 

--;Pot-JOHN YELLOW ~~~~ BIRD 

~13~ STE~Le President 

Ogl ala Sioux Tribe 

££108 

I; 

Secretary . 

Oglala Sioux Tribe 
ORDINANCE NO. 1.4.:::- tl. 

ORDINANCE OF THE OGLALA SIOUX TR!BAL COUNCIL 

OF 'l'Hlii OGLF>.I1.U. SIOUX 'l'RIBE 

(An Unincorpora~ed T~ibe) 

C~DINANCE OF THE OGLALA SIOUX TRIBAL COUNCIL or THE OGLP.LA SIOUX TRIBE 

TO ENACT THE TP.U:3AL GJ.\M!NG REGULATOR'! ORDUlA~CE OF THE OGLA:C.A SIOUX 

TRIBE'. TO AUTHORIZE, GOVERN' 1\ND REGULATE TJiE OPERATION OF CLASS II 

GAMING AND CLASS III GAMING, CONSISTENT WITH THE TRIBAI.-.STATE COMPACT 

w l'l'H THE STATE or SOUTH DAK01'A, ON THE TRI BE Is lNDIAN LANDS IN 

COMPLIANCE WlTH THE INDIAN GAMING REGULATORY ACT / 25 0, S. C. SECTIONS 

.2701 ET SEQ. 

~JHEREAS, the Oglaln Sioul( Tdbe has adopted its Constitution and 

By-Laws by referendum vote 01'1 December H, 1935, in accordance with 

Section 16 of the Indian Reorgani~ation Act of 1934 (25 u.s.c. S 476), 

and under. Al:'t.i.cle rrr of the Constitution, the Cglal~ Sioux T:ribal 

Council is the governing body of the Oglala Sioux Tribo, and 

WHEREAS, the Tribal Council hae power to protect 

health and gener~l welfare of th~ Oglala Sioux 

membeLship, pur~uant to Artlcle IV, Section l(w}, 

Constitution, and 

and promote the 

Tribe alicl its 

of the ·rr;Lbal 

WHEREAS, t.he T.r.ibal CQUncil hal!I the power to manaoe the economic 

affuirs of the Tribe and to regulate the cond~ct of trade and the use 

and d.i.sposJ.tion of property on the Pine Ridge Indian Reservation, 

pu~suant to Artiele IV, Sections l(t} and l(m), of the Tribal 

Conetitution, and 

WHEREAS, th~ Tribal Council ha.s power over the uige, disposition, 

sale,. lea!'le, or. enc::tiwr.~nce of tribal lands, purs1H1ht. to Article IV, 

Section l(c}, and Article x of the Tribal Constitution, ~nd 

WHEREAS, the Tt:ib~l C<.luncil of the Oglala Sioux Tribe desires to 

enact th~ Tribal Gaming Ra9ulator~ Ordinance Of The 09lala Sioux Tribe 

to authorize, govern and regulate the operation of Class II Gaming And 

Class l!I Gaming, consisten't with the Tribal-State Compact. With the 

State of South Dakota, on the tribe's Indian lands in compliance with ~ha Indian Gaming ~egulatory Act, 25 u.s.C. seetions 2701 et seq., ~ow 

THSREFORE BE IT RESOLVED, that the Tribal Council of the Oglala 

Sioux Tribe enacts the a~tached Tribal Gaming Regulatory Ordinance Of 

The Oql~la Sio~x Tribe to authorize, govern and requlate the operation 

of Class II Gaming 1\nd Class III Gaming, consistent with tha Tribal~ 

Stat:e Compact With the State of South Dakot.a, on the tribe 1 s Indian 

land~ .in compliance with the Indian Garnin9 Reg\.llatory Act, 25 O'. S. C::. 

Sections 2701 et ssq. 

t:~9~-L99-909 flu1u.reo iso 
ORDINANCE NO I l!::tl. 

l?aqa Two 

C-E-R-T-l-r-l-C-~-T I-0-N 

I, as the undereigned Secretary of the Oglal a Sioux Tribal Council of 

the Oqlala Sioux Tribe, hereby certify thac thi& Ordinance was adopted 

by a vote of: 1d For; Q Against; .Q. Abstain; and ! Not Votinq; during a 

REGULAR ~ESS I,9.~ held OD the ~ day 

A-'J.'-T-E-S-T: 

--.,_ (.J ,. - 7 

n~ .IL/..2'.f1'yt(J.;1.::, __ {t!J[)'l .f~ ~-· .. :"'."'.,.... ..J3RYAN V, SRE!WER 

P.reaident 

Oglala Sioux Tribe 

of NOVEMBER, 2014. - -·--···· · ' 

I )... / • \ .,. .. ( " • 

/M~rt.,).!7(f: (;ljt;'. 

HllONOA ~O EAGLE 

Secretary 

Oqlala Sioux Trioe 

tji.t .. 'l 
OGLALA SIOUX TRIBE GAMJNG ORDINANCE 

Section 1. Purpose. 

The Oglala Sioux Tribe ls a Federally recognlzed lnd!an tribe vested with 

inherent sovereign authority over its members and territory, and with 1ts rJght of 

self-government guaranteed and Indian lands reserved as a ,.permanent home'1 by 

the 1868 Sioux Nation Treaty and the 1851 Port Laramie Treaty with the Sioux. 

The Oglala Sioux Tribe adopted our Constitution and By-Laws pursuant to 

the lndian Reorganizatton Act of 19 34, 25 U.S.C, Section 476, establishing the Tribal 

Council as the governJng body of the Tribe, w!th authoricy to promote tribal general 

welfare, to manage economic affairs, to regulate the use of Indian lands and to enact 

legislation ln furtherance of its sovereign authority, 

The Tribal Council of the Oglala Sicux Ttibe, empowered by our Constitution 

and By-Laws to enact ordinances, hereby enacts this ordlnance to promote trJbal 

economfc development, self.sufficiency and sovereignty; to shield the opera.tion of 

gaming from organized crime and corrupting influences; and to ensure that gaming 

is conducted fairly and honestly by both the operator and players. 

Section 2. Title and AppllcabUlty. 

Thfs ordinance shall be known as1 "The Oglala Sioux Tribe Gaming 

Ordinance." Ordinance provisions concerning the application of the Tribal-State 

Class III Gaming Compact (and any state laws and regulations applicable pursuant to 

the Compact) shall apply only to Class III gaming. All other provisions of this 

ordinance shall apply to both Class ll and Class 1Il Indian gaming, unless specifically 

indicated otherwise. 

Section 3. DeftnitionsJ Liberal lnterpretatton; Severability. 

The terms used In the Oglala Sioux Tribe Gaming Ordinance shalJ have the 

same meaning as those terms used in the NIGC Bulletin No. 2014-2, Revised Model 

Gaming Ordinance (May 5, 2014) as adapted and made applicable to the Oglala 

Sioux Tribe. See Appendix Ai ReVised Model Gaming Ordinance. 

The terms "Class t Class II and Class III gaming" shall be defined as those 

terms are defined in the Indian Gaming Regulatory Act and the N ationaJ Indian 

Gaming Commission ("NIGC") Regulations. See 25 U.S.C. §§ 2703(6), (7), and (8). 

More generally, the terms used in this ordinance shall be construed 

according to their plain meaning and by reference to the Indian Gaming Regulatory 

Act, the Tribal-State Compact;, and NIGC Regulations. 

1 
This Gaming Ordinance shall be ]lberally construed to benefit the welfare of 

the Oglala Sioux Tribe in a manner cons1stent with the lndian Gaming Regulatory 

Act, tribal law, and the Oglala Sioux Tribal-State Compact. The Gamf ng Ordinance 

shall be construed in a manner to preserve the inherent sovereign authority of the 

Ogiala Sioux Trlbe. The provisions of this Ordinance are severable, and should any 

provision (or any application of any provision be deemed invalid) the balance of the 

Ordinance shall remain in force and effect. 

Prior Gaming Regulatory Ordinances and Resolutions of the Oglala Sioux 

Tribe are repealed, including No. 93-17 and No. 94·01. 

Section 4. Gaming AuthorJzed. 

Class rt and Class III gaming are authorized to be conducted on the Tribe's 

Indian lands, provided such gaming ts conducted in accordance with this ordf nance, 

the Indian Gaming Regulatory Act, the NIGC's regulations, any other applicable laws 

and regulations, and in regard to Class III gaming, the Tribal-State Compact. 

Section S. Compliance with Federal Law 

It shall be the po Hey of the Oglala Stoux Tribe to comply with all applicable 

federal laws, lncluding the Bank Secrecy Act, 31 U.S.C. § 5311 et seq., and the Tribe 

shall establish appropriate regulatoiy r_ules, regulations, and procedures to ensure 

such compliance. 

Section 6. Agent for Service of Process; Secretary of the Tribe. 

The Oglala Sioux Tribe designates the Secretary of the Trlbe located at 

Secretary, Oglala Sioux Tribe, P.O. B~ 2070, Pine Ridge, SD 57770, phone (605) 

867-5821 as the agent for service of any official determination, order or notice of 

violatton issued by the National Indian Gaming Commission or the United States. 

Section 1. Ownership of Gaming. 

The Oglala Sioux Tribe shall have the sole proprtetary interest in and 

responsibUlty for the conduct of any gaming operation authorized by this ordinance. 

Section 8. Use of Net Gaming Revenues. 

A. Net revenues generated by the Oglala Sioux Trihe through Class ll and 

Class III Indian gaming shall be used only for the following purposes: 

1. To fund Tribal government operations or programs; 

2. To provide for the general welfare of the Tribe and its members; 

3. To promote Tribal economic development; 

4. To donate to charitable organizations; or 

2 

££19 
S. To help fund operations oflocal government agencies. 

Section 9. Annual AudttSJ Audit Report to the NIGC. 

A. The Oglala Sioux Tribe, acting through the Tribal Treasurer in c:onsultatton 

with the Gaming Operations and Gaming Commission, Jhall cause to he 

conducted annual independent audits of gaming operations and shall submit 

the results of those audits to the NIGC. 

B. Annual audits shall be performed by a qualified CPA firm, with ex:perlence In 

(ndian gaming and shall conform to generally accepted accounting and 

auditlng standards. 

c. AU gaming-related contfacts that result in the purchase of supplies, services 

or concessions for more than $25,000 in any year (eJtcept contracts for 

professional legal and accounting serv[ces) shall be specifically included 

within the scope of the audit conducted under Section 9(A} of this ordinance. 

D. Copies of the annual audit of each Hcensed gaming operatlo~ and each a.udit 

for supplies, sertioes or concessions of each gaming operatlon, shall be 

furnished to the NIGC within 120 days after the end of each tlscal yea.r of the 

gaming operation. 

E. A copy of the Tribal gaming operation's annual audit will be made a'Vailable 

upon request to the Tribal President, Tribal Council, and Tribal Treasurer. 

Section 10. Protection of the Envi:ronment and Public Health and Safety 

A. Each gaming facility shall be constructed, maintained, and operated in a 

manner that adequately protects the environment and the health and safety 

of the publf c. 

B. In coordination with othertrtbal government agencies, the Gaming 

Commfsslon and Tribal Public Safety Department shall identify and enforce 

laws, resolutlons,, codesJ policies, standards, or procedures, which are 

applicable to each gaming place, facility or location, to ensure adequate 

protection of the environment and the health and safety of the public. 

Section 11. Patron Dispute Resolution. 

A gaming operation shall seek tg immedjately resolve any dispute between any 

member of the gaming public and the gaming operation or lts licensees. Any patron 

who is dissatisfied with the dispute resolution proposed by the gamlng operation 

may present such dispute for final resolution by either the Gaming Commission or 

the Tribal Court. provided that any dispute 1nvolvlng the Gaming Ordlnance, gaming 

laws, rules or regulations or the Compact, must first be brought to the Gaming 

3 
Commission for revtew subject to an appeal to the Tribal Court. The patron must 

file a claim within 30 days of the incident tn dispute. The Gamlng Commission shall 

hold a hearing within 30 days of the receipt of the petitioner's complaint The 

petitioner may have counsel present at the hearing. The petitioner may be allowed 

to present relevant evidence. After the heariniJ the Commission shall render a 

decision in a timely fashion. All such decisions will be final when f ssued. When the 

dispute involves a prize, the petitioner's recovery shall be limited to the amount of 

the prize tn dispute. When the dispute jnvolves a tort clatm, petitioner's case shall 

be gov~pied by the Oglaia Sioux Tr1be Tort C!aJm Ordinance and any recovery shall 

be limited in accordance with that ordinance, The rlecfstons of the Gaming 

Commission may lie appealed to the Trtbal Courts, provided that the Tribal Court 

shall give due deference to the administrative record of the Gaming Commission and 

shall require full adminlstrative exhaustlon of remedies prior to hearing a case. The 

Gaming Commiission shall subm1t a quarterly report to the Tribal Council concerning 

patron disputes and resolutions. 

Section 12. Gamlna Commission Establlshed. 

A. The Tribe hereby establishes a TribaJ Gaming Commtsston (nCommisslon•) to 

regulate the Tribe's gaming operations. The Commission shall consist of 

three (3) members, including a Chair, Vke-Chair, and Associate 

Commfsstoner. 

B. The Comm1ssfon will conduct oversight to ensure compliance with Tribal, 

federal and, In regard ta Class Ill gaming, the Tribal-State Compact and state 

laws and regulatiorni appll!.!able the1•eunder. Itwm serve :as the licensing 

authority for 1ndfv1duals employed in th~ gaming operation and w!U 

administer background investigations as part of the licensing process. The 

Commission will also have a role in monitoring compliance with the gaming 

operatlon'.s internal controls and fn tracking gaming revenues. In order to 

carry out it.B regulatory duties, the Commisston shall have unrestrJcted access 

to a.U areas of the gaming operetlon and to all of its records, provided that the 

Commission shall establish procedures to ensure the integrity and soundness 

of the gaming operation, its records and activities as the Commfssion acts to 

fulfUl Its duties. The Commf sston shall have authority to take regulatory 

enforcement actions,, Including suspension or revocation of an individual 

gaming license, when appropriate. 

C. Commissioner positions shall be filled in the following manner: 

££/8 

1. The Inftfal Commission to serve under thls Ordinance shall be appointed 

for a pertod of two (2) years by the Tribal Coundl1 and the Trlbal Council 

shall make the initial appointments for Chairman, Vice·Chatrman and 

Associate Member; the Initial Commlssloner may be deslgnated to serve 

full-time by the President In accordance wlth the pay scale for a GS-11; 

4 

£~9~·L98 9D9 Ou we~ l SO V\1'11' sc:g ~ :s 9 ~Ol/8 ASl/IJ 
2. Thereafter, at lts ftrst election, the Commission shall be filled by election 

at large by the Tribe's general membership through Its primary and 

general election process to serve staggered 2, 4 and 6 year terms with the 

lllghest vote getter serving 6 years, the next serving 4 years, and the next 

serving 2 years; 

3. At each subsequent election,. one Commissioner shall be elected at large 

by the Tribe's general membership to serve for a term of 6 years to fill the 

ex.pirlng Commissioner's seat; and 

4. After the initial appointments, the Commission shall elect a Chair, ViceChair and Associate Member from among the Commission Members. 

Section 13. Additional Qualifications of Commissioners, Independence. 

A. The fotlowing persons are not eligible to serve as Commissioners: Tribal 

Council members, while serving as such; current employees of the gaming 

operation, while serving as such; gaml.ng contractors (including any principal 

of a managemen4 or other, contracting company); persons directly related 

to, or sharing a residence wfth, any of the above; and persoris lneHgible to be 

key employees er primary management officials. Non·tribal members 

previously convicted of any felony or misdemeanor offe.nse of embezzlement 

theft or any other money-related or honesty-related misdemeanor offense, 

such as fraud, cannot serve as a Commissioner. Tribal members previously 

convicted of any felony and Tribal members previously convicted of any 

misdemeanor offense of embezzlement theft or any other offense related to 

money or honesty, such as fraud, will only be allowed to serve as a 

Commissioner if ten or more years has passed (which the Trlbal Cou.ncil finds 

to be a significant amount of tfme) provtded that the person ts determined by 

the Election Board to now be of trustworthy character. The Tribal Election 

Board shall require a criminal histocy check to be conducted by appropriate 

law enforcement agencies for each Commtsstoner candfdate prior to each 

election; shall review the candidate's criminal history clleck results; and shall 

make an appropriate eligibility determination before certifying an individual 

to be placed upon the ballot for the position of Commtssloner. 

B. The Tribe recognues the importance of an independent Tribal Gaming 

Commission ln maintaining a well-regulated g11ming operation. The 

££16 

· Commission shall be independent of, and act 1ndependently and 

autonomously from, the Trfbal Council in ell regulatory mattars withirt Its 

purview. Wtth the exception of general policy matters, no prior, or 

subsequent review by the TrJbal Council of any actions of the Commission 

shall be required or permitted except as otherwise expltcltly provided fn this 

ordlnance. To avo;d. potential confitcts of interest between the operation and · regulatfon of the gaming facility, the Tribe requires that: 

5 
1. No member of the Tribal Council may serve on the Gaming Commission, 

and no Gaming operation management official may serve on the Gaming 

Commission, unless he or she first takes a leave of absence from sald 

management pos1tlon: 

2. No member directly related to, or living with, any Tribal Councll member 

or Tribal Gaming Board of Directors mem her may serve on the Tribal 

Gaming Commission; 

3. Members of the Commission are prohibited from gamb1ing in the facillty; 

4. Commissioners are prohibited from accepting compllmentary items from 

the gaming operation, excepting food and beverages valued under $20.00; 

and 

5. Commissioners may only be removed from office by the Tribal Council, 

prior to t:he expiration of their respective terms, for neglect of duty, 

misconduct. malfeasance or other acts that would render a Commissioner 

unqual1fled for the position. 

C. Nominees for Commissioner positions must be certified as trustworthy after 

a background check reviewed by the Election Board, Jn.Ust have at Jeast an 

Associate of Arts, Science, Business college degree or comparable degree, and 

at least three years prior e~erience in gaming regulatfon1 operations, or law 

enforcement. 

Section 14. Duties of the Commission. 

The Tribal Ga.ming Commission shall; 

A. Conduct background investigations, or cause such investigations to be 

conducted, for primary management officials and key employees; 

B. Review and approV'e a111nvesttgative work conducted tn cormectlon with the 

background investigations ofprtmary management officfals and key 

employees; 

C. Create and maintaf n investigative reports based on the background I 

investigations of primary management officials and key employees; 

D. Obtain and process fingerprints, or designate a law enforcement agency to 

obtafn and process fingerprints; . 

B. Make licensing eUglbllf ty determinations, whtch shall be signed by the Chalr 

6 
F. 

G. 

H. 

1. 

J. 

K. 

L. 

M. 

N. 

o. 

P. 

Q. 

R. 

s. 

of the Commission; 

Subrntt a notice of results to the NIGC of the background investigations done 

for each primary management offlclBl and key employee applicant; 

ls.sue gaming licenses to primary management ofiktaJs and key employees of 

the operation, if warranted by the ellgibility determination; 

Establlsh standards for Ucens1ng Tribal gaming faciHttes: 

Is.sue gaming licenses to Trlbal gaming factlltles; 

Inspect, eJCamfne and monitor all of the Tribe's gaming activlties, and have 

immediate access to reviewi inspect, e1'amlne, photocopy and audit all 

records cf the gaming establishment; 

Ensure compliance with all Tribai state and federal laws, rules and 

regulations regarding Indian gaming; 

Investigate any suspfdon of wrongdoing associated with any gaming 

activities~ 

Hold hearings on patron complaints, 1n accordance with procedures 

established In this ordinance and the Tribal ga.ming regulations; 

Comply with any and all reporting requirements under IGM the NIGC's 

regulations and any tribal-state compact to which the Tribe is a party, and 

any other applicable law; 

Promulgate and issue regulations necessary to comply with applicable 

Internal contrlll standards; 

Promulgate and issue regulations on the levying of fees and/or taxes 

associated with gaming license applications; 

Promulgate and issue regulations on the levying of fines and/or the 

suspension or revocation of gaming licenses for violations of this ordinance 

or any Tribal, federal or state gaming regulations, If applfcablei 

Establish a list of persons net allowed to game in the Trlbe's gaming facilities 

In order to maintain the integrity of the gaming operation; 

Estab.lish a list of persons who have voluntarily agreed to be excluded from 

the Tribal gaming facility, and create regulations for enforcing the exdusJons; 

7 

t: 9S-909 Bu we~ l SO 
T. Provide referrals and Information to the appropriate tribal or BIA law 

enforcement officials whee such information indicates a criminal violation of 

Tribal, federal or applicable state statutes .. ordlnances, regulations, codes or 

resolutions; 

U. Create a list of regulatory authorities that conduct background Investigations 

of, and license. vendors who are recognized as trustworthyi 

V. Draft regulations exempting vendors from the ltcensing and/or background 

investigation requirements If they have recetved a license from a recognized 

regulatory authority; 

W. Perform such other duties the Commission deem.s appropriate for the proper 

regulation of the Tribal gaming operation; 

X. Promulgate such regulations and guidelines as deemed appropriate to 

Implement the provisions ofthl.s ordinance, so long as they are In furtherance 

of, and not in conflictwfth, anyprovisfons of this ordtnance; 

Y. Tha Commiss(on shall estabUsh for the Commlss1cm a financial accounting 

system, personnel, operating, administrative rules and hearing procedures, 

subject to the approval of the Tribal President; and the Commission may 

contract with an "rm nf the tribal government to provide administrative, 

human resources, and financial accountl.ng services, subject to the review, 

oversight and approval of the Tribal Treasurer; and 

z. Before adopting, amending and repealing regulartoru, the Commission shall 

give notice of any such proposed action to the Tribal Council, the gaming 

operation(s) and all other persons whom the Commission has reason to 

beU eve have a legtttmate interest ln the proposed actton. The notice shall 

invlte comments and de serf be the general nature of the proposed action and 

the manner in which comment.s on the proposed action shall be received by 

the Commission. The TrlbaI Council shall pass a resolution affirming the 

adoption, amendment, or repeal of regulations prior to such agency action 

taking legal effect. · 

Section 15. Confidentiality ot Background lnvestlgatloo Recqrds1 Quorum; 

Meetings 

A. The Commission shall ensure that all records and information obtained as a 

result of an employee background investigation shalJ remain confidential and 

.Ii hall ·not be disclosed to any persons who are not directly involved in the 

licensing and employment processes. The Commission, and its f nvestigators, 

shall ·keep confidential the identity of each person Jnterviewed In the course 

of conducting a background lnvestigatf on, unless disclosure is required by 

. '. 

8 
Tribal, federal and/or applfcable state law. Jnformatlon obtained during the 

course of an employee background i~vestlgation shall be disclosed to 

members of management, human resource personnel and/ or others 

employed by the Tribal gaming operation on a need-to·know basis and only 

when necessary for actions taken tn their official capacities. 

B. The confidentiality requirements in Section lS(A), above, do not apply to 

requests for such records or informattcn from any Tribal, federal, or state 

Jaw enforcement or regulatory agency, or for the use of such records or 

information by the Commission and staff ln the performance of their o.tl'icial 

duties. 

C. A maJorlty of the Commtsslon shall constitute a quorum. The concurrence of 

a majority of the Commissioners shall be required for any final determination 

by the Commission. The Commis!fon may act ln tts official capacity, even if 

there Is a vacancy on the Commission. 

D. Commissioners shall be compensated at a level detennlned by the Tribal 

Councll. A Commissioner's compensation shall not be based on a percentage 

of gaming revenue. 

B'. The Commission shall keep a written record of all its meetings. 

Section 16. FacilityLice~ses 

A. The Tribe shall issue a separate license to each place, faciJlt;y or location on 

Indian lands where Class II or Class 111 gaming is conducted under thfs 

ordinance. 

B. The Tribal Gaming Commission iS responsible for issuing new or renewed fac111~ l1censes to each place, facilU:y or location. 

C. The Tribal Gaming Commission shall require that a facility license application 

be completed by the chief management official of the gaming facility for each 

gaming place, facility or location. 

D. The Tr!bal Gaming Commission shall identify the environmental, health and 

public safety standards wtth which the place. facUtey or location must 

comply, and specify the form, conditions and content of a facility license 

application. The appllcat1on shall include: a legal descrf ptlon Qf the lands 

upon which the mcUlty is Jocated, and a certification that the site constitutes 

"Indian lands,n as defined in lGRA, the NIGC's regulations, NtGC Office of 

General Counsel and DOI Solicitor Offices' Indian lands legal opinions, judicial 

dec:tslons and any other applicable law. 

9 
E. The Trfbal Gamf'ng Commission shall only issue a facility license if the 

application includes the required information and documentation, and 

sufficiently satisfies any addJtlonal conditions deemed necessary by the 

Tribe. 

F. The Tribal Ga.ming Commission shall submit to the NIGC Chair a notice that 

issuance of a facility license is under consideration by the Tribal Gaming 

Commission. This notice must be submitted at least 120 days before the 

openjng of any new place, facility or location on rndian lands where Class II 

or Class IlJ Indf an gamtng will occur. 

G. The Tribal Gaming Commission .shall submit a copy of each newly issued or 

renewed fadltty license to the NIGC Chair within 30 days of issuance, along 

with any other required documentation. 

H. The Tribe shall notify the NIGC Chair within 30 days if a facility license ts 

terminated or expires, or If a gaming place, fac:llity, or location closes or 

reopens. 

Section 17. License Application Forms 

A. The following notice shall be plac:ec;l on the Tribe's license application fonn 

for key employee or a primary management official before it is filled out by 

an applicant: In compliance with tb.e Privacy Act of 197 4, l:he foHowlng 

information is provided: Solicitation of the information on th1s form ts 

authorized by ZS U.S.C. §§ 2701 et seq. The purpose of the requested 

information is to detennine the eligibility of individuals to be granted i'I 

gaming license. The information will be used by the Tribal gaming 

regulatory authorities and 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 by the Tribe or the 

NlGC to appropriate Federal, Tribal, State, locaL or foreign. law enforcement 

and regulatory agencies when relevant to cfvil, criminal or regulatory 

Investigations or prosec11tlons or when pursuant to a requirement by a tribe 

or the NIGC in connection with the issuance, denial, or revocatton of a gaming 

license, or investigations of activities while associated with a tribe or a 

gaming operation. Failure to consent to the disclosures indicated in this 

notlce will result in a tribe being unable to license you for a primary 

management official or key employee position. The disclosure of your Social 

Security Number (SSN) is voluntary. However, failure to supply a SSN may 

result in errors in processing your application. 

B. The following additional notice shall be placed on the applicatfon form for a 

key employee or a primary management offlcial before it is filled out by an 

applicant~ A false statement on any part of your Hcense application may be 

grounds for denying a Ucense or the suspension or revocation of a license. 

10 

""" sc:g~:e 9~oz1s~1i<e~ 
Also, you may be punished by fine or Imprisonment (18 U.S.C. § 1001). 

Section 18. Lfcense Fees; FAngerprints 

The Tribe may charge a If cense fee, to be set by the Tribal Gaming Commission, tc 

cover tts expenses in investigating and licensing key employees and primary 

management officials of the gaming operatton. 

The Tribe shall perform a background tnvestlgatlon for each primary management 

official and key employee of the gaming operation. The Trfbe shall request 

fingerprints from each prl~ary management official and key employee. 

Fingerprints shall be taken by the Oglala Sioux Public Safety Department. 

Fingerprints will then be forwarded to the NIGC for processing through the Federal 

Bureau of Investigation ("FBI") and the National Criminal Information Center to 

determtne the applicant's criminal history, if any. 

Sectton 19. Back&round Investigations 

A. The Tribf) shall perform a background investigation for each primary 

management official and key employee in its gaming operation. 

B. The Tribal Gaming Commission is responsible for conducting the background 

lnvesttgatlons·of primary management officlals and key employees, 

C. The Tribal Gaming Commission shall obtain from each primary management 

official and key employee all of the following Information: 

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

birth date, place of birth, citizenship, gender and all languages spoken 

and/ or written); 

2. Currently, and for the previettU five (5) years, business and employment 

positions held, ownership interests In those businesses, business and 

residential addresses, and driver's license numbers; 

3. The names and current addresses of at least three [3) personal references, 

including one (1) personal reference who was acquainted with the 

applicant durtng each period of residence listed under paragraph (C)(2) of 

this section: 

4. Current business and residential telephone numbers, and. all cell phone 

numbers, and a current photograph: 

S. A description of any exlsttng and prevlous business relationships with 

11 
other tribes, including any ownership Interests in the businesses; 

6. A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in the 

busine!lsesi 

7. Tne name and address of a.ny 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 g.ranted; 

8. Por each felony for which there is an ongoing prosecution or a conviction1 

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

disposition, tf anyi 

9. For each misdemeanor com1ctton or ongoing misdemeanor prosecution 

(excluding mt nor traffic violations) within 10 years of the date of the 

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

dtsposltion, if any; 

10. For each crlmfnal charge (excluding minor traffic charges), whether orna~ 

there 1s a conviction, if such criminal charge ls within 10 years of the date 

of the applicatio~ and is not otherwtse llsted pursuant to paragraphs 

(C)(B) or (C)(9) of this Section, the criminal charge, the name and address 

of the court involved, and the date of disposition, if any; 

11. The name and address of aey licensing or regulatory agency with which 

the person has filed an applicat1on for an occupational license or permit, 

whether or not such license or permit was granted; 

12. Any other lnformatlon the Tribe deems relevant; and 

13. Fingerprints obtained in accordance with procedures adopted by the Tribe 

pursuant to 2S C.F.R. § 522.2(h). 

D. When a primary management official or key employee ls employed by the Tribe1 a 

complete application file, containing all of the Information listed in Section 19(c)1 

shall be maintained. 

Sectlon 20. Procedures for Conducting Background Investigations 

A. The Tribal Gamf!lg Commission, or its agent shall employ or engage an 

investigator to conduct a background investlgatlon of each applica.nt for a primary 

manageme.nt. official or key employee positlon. The Investigation must be .sufficient 

to allow the Tribal Gaming Commission to make a required eUglbntty determination 

under this ordinance. The investigator shall: 

12 

££/9L 
1. Verify the applicant's identity through items such as a social security ca.rd, 

driver's license, birth certificate or passport; 

2. Contact each personal and business reference provided in the license 

application, when possible; 

3. Conduct a personal credit check,: 

4. Conduct a civil history check for past or outstanding judgments. current Hens, 

past or pending lawsutts, and any other infonnation deemed to be relevant; 

S. Conduct a criminal history records check by submitting the applicant's 

fingerprints to the NIGC or to another law enforcement agency for 

forwarding to the FBI to perform a criminal history records check utilizing 

the FBI's data basei 

6. Based on the results of the criminal history records check. as well as 

Jnformatlon acquired from an applicant's self-reporting or from any other 

source, obtain information from the appropriate court regarding any past 

felony and/ot misdemeanor conYlctions or ongoing prosecutions within the 

past 10 years; 

7. lnquire into any previous or existJng business relationships wfth the gaming 

Industry, including with any trtbes with gaming operations, by contacting the 

entitles or tribes: 

8. Verify the applicant's history and current status wlth any licenslng agency by 

contacting the agency; and 

9. Take other appropriate steps to verify the accuracy of tbe informatlon1 

focusing on any problem areas noted. 

Section 21. Investigative Reports. 

A. The Tribe shall create and matntaln an investtgat:lve report for each 

background investigation of a primary management official or key employee. 

B. lnvest1gat1ve reports shall 1nclude all of the following information: 

1. Steps taken in conducting the investigation; 

2. Results obtainedi 

3. Conclusrons reached; and 

13 

££/L~ 
4. The basis for those conclusions. 

Section 22. Primary Management and Key Employee BUglbtlity 

Determinations 

A. Before a license is issued to a primary management offkiaJ or key employee, 

an authorized Tribal official shall make a flndtng concerning the eligibility of 

that person for recei~Jng a gaming license by reviewing th!? applicant's prior 

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

B. If the authorized Tribal official, 1n applying the standards adopt.ed in this 

ordinance, determines that licensing the person poses a threat to the public 

interest or to the effective regulation of gamlng, or creates or enhances the 

dangers ofunsuJtable, unfair or illegal practices, methods and/or activities in 

the conduct of gaming, he or she shall not license that person in a key 

employee or prhna.ry management oftldal position. 

C. Coples of the eliglbillty determination shall be included wlth the notice of 

results that must be submitted to the NIGC before the licenst ng of a primary 

management official or key employee 

Section 23. Notice of Results of Background Investigations 

A. Before issuing a license to a primary management official or key employee, 

the Tribal Garntng Commisston shall prepare a notice of results of the 

appltcant's background investigation to submit to the NIGC. 

1. The notice of results must be submitted to the NIGC no later than 60 days 

after the applicant begins working for the Tribe. 

B. The notice of results shalt include the following information: 

1. The appllcant's name, date af bftth, and social security number; 

2. The date on which the applicant began, or wm begin, working as a prlmary 

management official or key employee; 

3, A summary of the information presented in the investigative report, 

including: 

a. licenses that have previously been denledi 

b. gaming Ucenses that have been revoked, even tf subsequently reinstated; 

c. every known criminal charge brought against the applicant within the last 

14 

££/8~ 
.· 

lC years of the date of the application; and 

d. every felony offense of whtch the applicant has been convicted or any 

ongoing prosecution,; and. 

4. A copy of the eligtblHty determlnation roa de in accordance with Section 21. 

Section 24. Primary Managem~nt and Key Employee Gaming Licenses 

Granting Gaming Licenses 

A. All pt1mary management off'iclals and key employees of the gaming operation 

must have a gaming license issued by the Trfbe. The Tribal Gaming 

Commisslon24 is responsible for granting and issuing gaming licenses to 

primary management officials and key employees. 

B. The Tribal Garntng Commission may license a primary management offkial 

or key employee applicant after submitting a notl ce of results of the 

applJcant's background investigation to the NIGC, as required by Sec1fon 22. 

C. The Tribal Gaming Commission shall notify the NIGC of the issuance of a 

llce.nse to a primary management official or key employee within 30 days of 

issuance. 

D. The Tribe shall not employ an individual in a primary management official or 

key employee po9ition who does not have a license after 90 days of beginning 

work at the gaming operation. 

Notice from NlGC Concerning NIGC Objections to License 

E. The Tribal Gaming Commission must reconsider a license application for a 

primary management officlal or key employee if it receives a statement of 

itemized objections t:o tssulng such a license from the NIGC, and those 

objections are received with.in 30 days of the NTGC receiving a notice of 

results of the applicant's background investigation. 

F. The Tribal Gaming Commission shall take the NIGC's objections into account 

when reconsidering a lkense application. 

G. The Tribe will make the final decision whether to issue a license to an 

appJ1cant for a primary management official or key employee position. 

H. If the Tribal Gaming Commission has issued a license to a prlmary 

management offidal or key employee before recetv1ng the NIGC's statement 

of objections, notice and a hearing shall be provided t.o the licensee, as 

1S 

££16~ 
requf red under this ordinance. 

Section 2 5. Denying Gaming Licenses 

A. The Trlbal Gaming Cornm.fsslon shall not license a primary management 

official or key employee If an authorized Tribal omctal determines1 in 

applying the standards above for making a license eligibility determination, 

that licensing the person: 

1. Poses a threat to the public interest.: 

2. Poses a threat to the effectlve regulation of gaming; or 

3. Creat.es or enhances the dangers ofunsu!t:able, unfair or illegal practices, 

methods and/or activities fn the conduct of gaming. 

B. When the Tribal Gaming Commissfon does not lssue a license to an applicant 

for a primary management official or key employee posftion, or revokes a 

previously issued license after reconsideration. it shall: 

1. Notify the NIGC; and 

2. Forward copies oflts eliglbutty determination and notlce ofresults of the 

applicant's background investigation to the NIGC for lnclusion tn the Indian 

Gaming lndMduals Record System. 

Section 26. Gaming License Suspensions and Revocations 

A. If, after a license ts issued to a primary management official or a key 

employee, the TrJbe receives notice from the NIGC that the prJmary 

management offtctal or key employee is not eligible for employment, the 

Tribal Gaming Commission shall do the following: 

1. Immediately suspend the license; 

2. Provide the licensee wtth written notlc~ of the suspension and proposed 

revocation; and 

3. Provide the licensee wtth not1ce of a time and place for a hearing on the 

proposed revocation of the license. 

B. The right to a revocation hearing vest.sonly when a license is granted under 

an ordinance approved by the NIGC Chnlr. 

16 

££/0(; 
c. Following a revocation hearing, the Tribe shall decide whether to revoke or 

reinstate the license at issue. 

D. The Tribe shall notify the NIGC of its decision to revoke or reinstate a 

license within 45 days of receiving notification from the NJGC that a primary 

management official or key employee is not eligible for employment. 

Section 2 7. Records Retention 

A. The Tribal Gaming Commission shall retain, for no less than three years from 

the date a primary management official or key employee is terminated from 

employment with the Tribe, the following documentation: 

1. Appllcatfons for ltcensing; 

2. InV'estigative Reports; and 

3. Eligibility Determinations. 

Section 28. 1.lcen.ses for Vendors 

Vendors of gamJng services or supplies, wlth a value of $25,000 or more annually, 

must have a vendor license from the Tribal Gaming Commission tn order to transact 

busfness with the Tribal gaming operation. Contrac:ts for professional legal and 

accounting services are exc.Juded from this Section. 

Submisston of a Vendor LtcenBe Application 

In order to obt.atn a gaming vendor license, the business niust complete a vendor 

application and submit to background checks of Itself and its principals. Principals 

of a business include those officers, directors, managers, owners, partners, and non• 

Institutional stockholders that either own 1C% or more of the bustness' stock or are 

the 10 largest stockholders, as well as the on·site supervisors or managers 

designated In an agreement with the Tribe, if applicable. 

Contents of the Vendor License AppUcattoo 

A. Applications for gaming vendor licenses must include the following: 

1. Name of business, business address, business telephone number(s), federal 

tax Identification number (or social securlty number, if a. sole 

proprl~tor.ship), main office address (if dffferent from business address), any 

other names used by the applkant in business, and type of service(s) 

applicant will provide; 

i. Whether the applicant is a partnership1 corporation, limited liability 

17 

98-909 Ou we~ l SO 
company, sole proprietot•ship or other entity; 

3, If the applicant 1s a corporation, the state of incorporation and the 

quallflcation to do business in the State of South Dakota if the gaming 

operation is in a different state than the state of incorporation; 

4. Trade name, other names ever used and names of any wholly owned 

subsidiaries or other businesses owned by the vendor or its prlncipals; 

5. General description of the business and Its activitieSi 

6. Whether the applicant wUJ be investing in, or loaning money to, the gaming 

operation, and, if so, how much; 

7. A description of any existing and previous buslness relationships wfth the 

gamtng Industry generally, including ownership interests in those 

businesite!: 

8. A list cflndian tribes with which the vendor has an existing or previous 

business relationship. Jncludlng ownership, financial or management 

interests ln any non-gaming activity; 

9. Names, addresses and telephone numbers of three (3) business references 

with whom the company has regularly done business for the last five (5) 

years; 

10. The name and address of any llcensing or regulatory agency with which th.e 

business has flied an application for a license or permit related to gaming. 

whether or not such license or permlt was granted; 

11. If the business has ever had a license revoked for any reason, the 

circumstances involved; 

12. A list oflawsuits to which the business has been a defendant. Including the 

name and address of the court involved, and the date and disposition, if anyi 

13. A Ust the business' funding sources a.nd any liabilitie5 cf $50100 0 or more; 

14. A list of the principals of the buslness, their social securtty numbers, 

add.resses, telephone numbers, titles, and percentage of ownership ln the 

company; an~ 

15. Any further information the Tribe deems relevant. 

18 
B. The following notice shall be placed on the application form for a vendor and 

its principaJs: 

Inclusion of false or mtsleadtng information in the vendor application may be 

grounds for denial or revocation of the Tribe's vendor license. 

C. A vendor may submit to the Tribal Gaming Commission a copy of a recent 

license application to another Jurisdiction if it contains the informatJon listed 

above. The vendor will be required to submiti in wrlting1 any changes ln the 

information since the other license application was filed, and any Information 

requested by the Tribe not contained in the other application. 

Sectio.n 29. Vendor Background Investigations 

The Tribal Gaming Commlssion shall employ or othetwise engage an investigator to 

complete an investigation of a gaming vendor. This investigation shall include, at a 

minimum1 the following steps! 

A. Verification of the vendor's business' incorporation status and qualifications 

co do business ln the state where the gaming operation is located; 

B. Obtaining a business credit report, if available, and conducting a Better 

Business Bureau check on the vendor; 

C. Conducting a ch.eek of the vendor's business• etedit history: 

D. Galling and questioning each of the references listed in the vendor 

appUc:ation; and 

E. Conducting an Investigation of the principals of the vendor's business, 

including facilitating a crimlnal history check, obtaining criminal history 

check results, obtaining a credit repor~ and interviewing the personal 

references listed. 

Section 30. Vendor License Fees 

The Tribe may charge a license fee, to be set by the Tribal Gaming Commlssion, to 

cover 1ts expenses tn investigating and licensing vendors of the gaming operation. 

Section 31. Vendor Background Investigation Reports 

The investigator shall complete an investigative report covering each of the steps 

taken in the background investigation of the gaming vendor and its principals, and 

present 1t to the Tribal Gaming Commission. 

Section 32. Exemption for Vendors Licensed by Recognized Regulatory 

19 
Authorides 

The Tribal Gaming Commission may adopt regulations naming specific ltcenslng 

authorities that it recogruzes and may authorize exempttons to the vendor licensing 

process for vendors who have received a license from one of the named regulatory 

authorities. 

Section 33, Rffective Date 

This ordinance shall take effect Immediately upon tts approval by the NrGC Chair. 

20 

E:~9~-L99-909 6u we~ iso 
ORDINANCE NO. 15-01 

ORDINANCE OF taE OGLALA SIOUX TRIBAL COUNCIL 

OF THE OGLALA sroox TRIBE 

(An Unincotporated Tribe) 

ORDINANCE THE OGL~.LA SXOOX TRIBE APPROVING TECHNICAL CORREC'l'IONS TC 

TliE OGLALA SIOUX TRIBE AMENDEP GAMING ORDINANCE; ORDINANCE NO. 14~41. 

WHEREAS, the Oqlala Sioux Tribe has adop·c.ed its Constitution and 

By-Laws by referendum vote on December 1411935, in accordance with 

Section 16 of the Indian Reorganization Act (25 O.S.C. sac. 476 ) , and 

under Article III of the Constitution, the Oqlala Siouk Tribal Council 

is the governing body of the Oglala sioux Tribe; and 

WHEREAS, the Tribal Council has the power to protect and promote 

the health and genex-al welfare of the Oglala Sioux Tribe and its 

membershi p, pursuant to Article IV, Section l (w), of the Tribal 

Constitution, and 

WHEREAS, the Oqlala Sioux Tribe has enacted a Tribal Gaming 

Ordinance 14-41, ·which was approved by the National Indian GQming 

Commission pursuant to the Indian Gaming Regulatory Act on December 

15, 2014, and 

WHEREAS, there is a need to make technical corrections to the 

Oqlaia Sioux Tribe amended Gaming Ordinance, now 

'l'ngl\EE'ORE BE IT ORDAINED, that the Tribal Council makes the 

following technical corrections to Ordinance No. l4-4l, as follows: 

, and 

• In Section 12 (C) (1) line 4 after t.he term ''Assoeiate 

Member, " .strike the term .. the Initial Commies ioner" and 

insert the term "the Executive Secreta.:r:y•i in its place, and 

• In Se~tion 13 (C) line 3 stJ:ike the word 0 and" at the end of 

the sentence and in~ert the word "or" in its place; 

BE IT FURTHER RESOLVED that the T.t:'ibal President shall submit 

these changes to the National Indian Gaming Co:mmission pursuant to the 

Indian Gaming Regulatory Act, 25 u.s.c. sec. 2705, 2710. 

C-E-R-T-I-F-I-C-A-T-I-0-N 

r, as the under~igned Secretary of the Oglala Sioux Tribal Council of 

the 09lala Sioux Tribe, here.by certify that this Ordinance was adopted 

by a vote of! 17 For; 0 Against; Q Abstain; and Q Not Voting; during a 

REGULAR SESSION held on the 30TH day of JANUARY, 2015. 
ORDINANCE NO. 15-01 

Page Two 

A-T-T-E-S-IJ.': 

~fa~- Sei::::retaX'y 

oglala Sioux. Tribe 
ORD!NANCE NO. 15-12 

ORDINANC~ OF THE OGLALA SIOUX TRIBAL COUNCIL 

OF THE OGLALA SIOOX TRIBE 

(An Unincorporated Tribe ) 

ORDINANCE OF THE OGLALA SIOUX TRIBE APPROVING !ECHNICAL COR~ECTIONS TO 

THE OGLALA SIOUX TRlBE AMENDED GAMING ORDINANCE; ORDINANCE NO. 14-41 . 

WHEREAS, the Oglala Sioux Tribe has adopted its Constitution and 

By-Laws by referendum vote on December 14, 1935, in accordance with 

section 16 of the Indian Reorganization Act (25 use section 476), and 

under article 3 of the Constitution, the Oglala Sioux Tribal Council 

is the governing body of the Oglala Sioux Tribe, and 

WHEREAS, the Tribal Council has 

the health and general welfare of 

mexnbership, pursuant to Article 4, 

Constitution, and 

the power to protect and promote 

the Oglala Sioux tribe and its 

Section 1 (W), of the Tribal 

WHEREAS, the Oglala Sioux Tribe has enacted Tribal Gaming 

Ordinance No. 14~41, which was approved by the National Inctian Gaming 

Commission pursuant to the Indian Ga%Xling Regulatory Act on December 

15,2014, and 

WHEREAS, there is a need to make technical corrections to the 

Oglala Sioux Tribe Amended Gaming Ordinance Secti on 13A, now 

THEREFORE BE I T ORDAINED, that the Tribal Counci l makes the 

following technical corrections to Ordinance No. 14-41, as follows: 

Existing Section 13 paragraph A shall be struck and replaced with the 

following paragraph-A. 

1. The following persons are not eligible to serve as 

Commissioners: Tribal Council members, while serving as such; primary 

management officials of the gaming operation, while serving as such; 

gaming contractors (including any principle of a management} or other 

contracting eompany) ;persons directly related to, or sharing a 

residence with any of the above. 

2. Persons ineligible to be key employees er primary management officials. 

3. Employees of the gaming operation, while serving as such. 

4. Non-tribal members previously convicted of any felony or 

misdemeanor offense of embezzlement, theft or any other money related 

or honesty related misdemeanor offense, such as fraud cannot serve 

resident Commissioner. 

££/Ll 
ORDINANCE NO. 15-12 

Page Two 

5. Tribal members previously convicted of any misdemeanor offense 

o f embezzlement, theft or any other offense related to money or 

honesty will only be allowed to serve as a Conuni ssioner i f 10 or mo r e 

years has passed (which t he Tribal Council finds to be a s i gnificant 

amount of time) provided that the person is determined by election 

board to now be cf t~ustworthy character. 

6. The Tri bal El ection Boar d shal l require criminal history check 

to be conaucted by appropri ate law enforcement agencies for each 

Commissioner candidate p rior t o election; shall review the candidates 

criminal history check results; a nd shall make an appropriate 

e ligibility de t ermination before certifying an individual to be placed 

upon the bal lot for the position of Commi$ sioner, and 

BE I T FURTHER ORDAINED, t ha t the Tribal President shall submit 

these changes to the National Indian Gaming Commissi on pursuant to the 

Indian Gaming Regulatory Act, 25 USC Section 27051 2710. 

C- E- R-T-I- F- I-C-A-T-I- 0- N 

I, as the undersigned Secretary of the Oglala Sioux Tribal Council, of 

the Oglala Sioux Tribe hereby certify that this Ordi nance was adopted 

by a vote of: 15 For ; l Against; Q Abst ain; and Q Not Voting; duri ng a 

EGUL~R SESS ION held on the day of JULY, 201 5. 

~J}_ J 

A-T-'l'-E-S-T: Oglala 

Secretary 

RHONDA TWO 

Siou~ 

EAG

Tribe 

LE ~ 
ORDINAi~CE NO. 16-06 

ORD!NANCE OF THE OGLALA SIOUX T~IBAL COONCIL 

OF THE OGLALA SIOOX TRIBE 

(An Onincorporated Tribe) 

ORDINANCE OF THE OGLALA SIOUX TRIBAL COUlllCIL OF THE OGLALA SIOUX TRIBE 

TO ENACT AMENDMENTS TO ORDINANCE NO. 14-41, THE TRIBAL GAMING 

REGULATORY ORDINANCE OF THE OGL~ SIOUX TRIBE TO AUTHORlZE, GOVERN 

AND REGULATE CRAPS, ROULETTE AND KENO, CONSISTENT WITH THE TRIBALSTATE COMPACT WITH !'HE STATE OF SOUTH DAKOTA, ON THE TRIBE 1 S INDIAN 

LAl DS IN SOOTH DAKOTA IN COMPLIANCE WITH THE INDIAN GAMI~G REGULATORY 

ACT, 25 U.S.C. SECTIONS 2701 ET SEQ. 

WHEREAS, t he Oglala Sioux Tribe has adopted its Constitution and 

By-Laws by referendum vote on December 14, 1935, i n accordance with 

Section 16 of the Indian Reorganization Act of 1934 (25 u.s.c. § 476), 

and under Art icle III of the Constitution, the Oglala Sioux Tribal 

Council is the governing body of the Oglala Sioux Tribe, ano 

WHEREAS, the Tribal Council has power to prot ect 

heal th and gener al welfare of the Oglala Sioux 

membership, pursuant to ArtiGle IV, Section l(w) , Constitution, and 

and promote the 

Tribe and its 

of the Tribal 

W!iEREAS, t he Tribal Council has the power to manage the economic 

aff airs of the Tribe and to regulate t he conduct of trade and t he us e 

and di sposition o f property on the Pine Ridge Indian Res ervation, 

pursuant t o Article IV, Sections l (f ) and l(m), of the Tri bal 

Constitution, and 

WHEREAS, the Tribal Council has power over the use, disposition, 

sale, l ease, o.r encumbrance of tribal lands, pursuant to Article IV, 

Section 1 (c), and Article x o f the Tribal Constit ution, and 

WHEREAS, the State of South Dakota has authorized three new games 

f or Dead.wood, South Dakota effective July 1, 2015, that i s: Craps 

Roulette , and Keno; SDCL 42- 7B-l; ARSD 20-18 , et s eq., and 

WHEREAS, the Tribal-State Compact, Sections 3. 1 & 4.l authorizes 

the operation of Class III gaming on a basis at l east as stringent as 

South DakDta law, i ncluding Craps, Roulette, and Keno, and 

WHEREAS, the Tribal Council of the Oglala Sioux Tr ibe desires to 

enact this Ordinance as an Amendment to Ordinance No. 14-41 the Tribal 

Gaming Regulatory O~dinance of the Oglala Sioux Tribe to authorize, 

go~ern and r egulate the operation of. Craps, Roulette and Keno, 

consistent with the Tribal-State Compact with the State of South 

Dakota, on the tri be 's Indian l ands in compliance with the lndian 

Gaming Regulator y Act, 25 u.s.c. Sections 2701 et seq., now 
ORDINANCE NO. 16-06 

Page Two 

THEREFORE BE IT OROAINED, that t.he Tribal Council approves the 

Oglala Sioux- State of South Dakota Tribal-Stat e Compact Amendment to 

aut.horize the Oglala Sioux. Tribe to conduct, govern and regulate the 

operat.ion of Craps, Roul ette, and Keno pursuant to tribal law and 

=egulation in a manner at least a s stringent as the standards for such 

games established by South Dakota law and regulation, and 

BE: lT :FURTHER ORDAINED, t hat the Tribal Council of the Oglal.a 

Sioux Tribe enacts t his Ordinance No. 16-06 to ame nd Ordinance No. 14-

41, the Tribal Gaming Regulatory Ordinance Of the Oglal a Sioux Tribe, 

to authorize, govern and regulate the operation of Craps, Roul e tte, 

and Keno, consistent with the 'l'ribal-State compact with the State o f 

south Dakota and in a manner at l east as stri ngent as state law and 

regulation, on the tribe's Indian lands in South Dakota in compli ance 

with the Indi an Gaming Regulatory Act, 25 u.s.c. sec. 2701 et seq., 

and 

BE IT FURTHER ORDAINED that a n ew Section 4.A shall be added to 

Section 4 of the Tribal Gaming Regulatory Ordinance of the Oglala 

SiouK Tribe, Ordinance No. 14-41, to authorize, govern and regulate 

the operation of Craps, Roulette, and Keno on t he Indian lands of the 

Oglala Sioux Tribe in South Dakota as follows: 

11

A. The T.ribe .shall ope.rate Craps, Roulette, and Keno pursuant 

to this Ordinance and the Tribal-State Compact. The Tribal Gaming 

Commission shall promuigate regulations to ensure that the 

operation of Craps, Roulette and Keno proceeds under tribal law 

on a b asi s as stringent as required by ~tate law and regul ati ons 

applicable to such ·games a s played i n Deadwood, South Dakota; 

SDCL 42-7S-l & 42-7B-7; .ARSD 20-18, et seq.;" 

C-E-R-T-I-F-I-C-A-T-I-0-N 

I, as undersigned Secre~ary o! the Oglala Sioux Tribal Council of the 

Ogl a l a Sioux 'l'ribe hereby certify t hat this Ordinance was adopted by 

t he vote of: 11. fo : Q against; Q abstaining; 1 not voting during a 

REGULAR SESSION held on the lOTH day of MARCH, 2016. 
ORDXNANCE NO. 16-Q.2 

Page Three 

A-T-'1'-E-S-'l': 

r ~-~· &i. 13..e,.,(L. \'Ch"' JOHN YELLW BIRD S'l'EIZLE 

President 

Oglala Sioux ~ribe 

Secretary 

Oglala Si oux Tribe 

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