Darrin Old Coyote, Chairman 

Crow Tribe 

Bacheeitche A venue 

P.O. Box 159 

Crow Agency, Montana 59022 

November to, 2015 

Re: Crow Tribal Gaming Ordinance of 2015 

Dear Chaitman Old Coyote: 

This letter responds to your request on behalf of the Crow Tribe for the National Indian 

Gaming Commission Chair to review and approve the Crow Tribal Gaming Ordinance of 2015 

(Ordinance), which was passed pursuant to Crow Tribal Legislative Bill No. CLB 15-07 and 

signed into law by Chairman Old Coyote on July 31, 2015. 

The Ordinance has been amended to clarify the regulatory roles and responsibilities of 

the Board of Horse Racing and the Crow Tribal Gaming Commission. 

Thank you for bringing the Ordinance to our attention and for providing us with a copy. 

The Ordinance is approved as it is consistent with the requirements of the Indian Gaming 

Regulatory Act and the NIGC regulations. If you have any questions, please feel free to contact 

Staff Attorney Jennifer Lawson at (202) 632-7003. 

Sincerelv. 

Jonodev 0. Chaudhuri 

Chairman 

cc: Margaret Hirchak, Crow Tribe Office of Legal Counsel 

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Moil Slop# 1621 Washington, DC 20240 Tel: 202.632.7003 Fox: 202.632.7066 

!trGIONAL OFFICES Portlond, OR; Sacramento, CA; Phoenix, AZ; St. Poul, MN; Tubo OK; Oldohomo Cily, OK 

WWW.NIGC.GOV 
JULY 2015 CROW TRIBAL LEGISLATURE 

BILL NO. CLB 15-07 

INTRODUCED BY DARRIN OLD COYOTE, CHAIRMAN 

CROW TRIBAL EXECUTIVE BRANCH 

A BILL FOR AN ACT ENTITLED: 

"AN ACT TO AMEND THE CROW TRIBAL GAMING ORDINANCE" 

WHEREAS, pursuant to Article V, Section 2(a) of the 2001 Crow Tribal Constitution, 

the Crow Tribal Legislature (hereinafter, the "Legislature") is vested with the power and duty 

to promulgate and adopt laws, resolutions, ordinances, codes, regulations, and guidelines in 

accordance with the 2001 Crow Constitution and federal laws; and 

WHEREAS, during a Special Session in March 2015, the Legislative Branch of the 

Crow Tribe amended CLB No. 14-01, "Crow Board of Horse Racing Act," which was enacted 

as CLB No. 15-02; and 

WHEREAS, the Crow Tribal Gaming Ordinance required certain revisions to 

illuminate the regulatory roles and responsibilities of the Board of Horse Racing and the Crow 

Tribal Gaming Commission in light of the amendments contained in CLB No. 15-02; and 

WHEREAS, in order to bring clarity to the regulatory roles and responsibilities of the 

Board of Horse Racing and the·crow Tribal Gaming Commission, the Legislature amended 

CLB No. 14-02, "The Crow Tribal Gaming Ordinance," which was enacted as CLB No. 15-04; 

and 

WHEREAS, CLB No. 15-04 was submitted to the National Indian Gaming 

Commission (NIGC) for approval by the NIGC Chairman, at which time the Crow Tribe was 

notified oflanguage in Section 7(a) of the Ordinance that would prohibit the NIGC's approval; 

and 

WHEREAS, Section 7(a) of CLB No. 15-04 needs to be amended, as identified herein, 

in order to be resubmitted for NIGC approval. 

NOW, THEREFORE, BE IT RESOLVED BY THE CROW TRIBAL 

LEGISLATURE AND THE CROW TRIBAL EXECUTIVE BRANCH: 

Section 1. The bill entitled "An Act to Amend the Crow Tribal Gaming 

Ordinance" is hereby enacted, and the amended Crow Tribal Gaming Ordinance, 

attached hereto and incorporated by reference, shall modify Title 23 of the Law and 

Order Code. 

July 2015 Legislative Session 

A Bill for an Act Entitled: An Act to Amend the Crow Tribal Gaming Ordinance 

Page 1 of3 
Section 2. This bill shall be effective only after, 1), it has been passed by the 

Crow Tribe Legislative Branch, 2), the Chairman of the Crow Tribe Executive Branch 

has approved it, and 3), the Crow Tribe receives notice that the Chairman of the National 

Indian Gaming Commission has approved it. 

[Remainder of page left blank intentionally.] 

July 2015 Legislative Session 

A Bill for an Act Entitled: An Act to Amend the Crow Tribal Gaming Ordinance 

Page 2 of3 
CERTIFICATION 

I hereby certify that this Bill for an Act entitled "AN ACT TO AMEND THE CROW 

TRIBAL GAMING ORDINANCE" was duly approved by the Crow Tribal Legislature with 

a vote of...!£. in favor, .JL opposed, and .JL abstained, and that a quorum was present on this 

21st day of July, 2015. 

ATTEST: ~ 

Senator 

OoJPatrick Alden, GJ__Jr. ~ Secretary 

Crow Tribal Legislature 

Senator 

/LR. ~ Knute Old Crow 

Speaker of the House 

Crow Tribal Legislature 

EXECUTIVE ACTION 

r iyeby 

-A-APPROVE 

VETO ---

This Bill for an Act entitled "AN ACT TO AMEND THE CROW TRIBAL GAMING 

ORDINANCE" pursuant to the authority vested in the Chainnan of the Crow Tribe by Article 

Se ·on 8 of the Constitution and Bylaws of the Crow Tribe of Indians, on this 3 \~I day of 

~~--- -' 2015. 

July 2015 Legislative Session 

arrin Old Coyote, hat an 

Crow Tribal Executive Branch 

A Bill for an Act Entitled: An Act to Amend the Crow Tribal Gaming Ordinance 

Page 3 of3 
A BILL FOR AN ACT ENTITLED: "AN ACT TO AMEND THE CROW TRIBAL 

GAMING ORDINANCE" 

Bill or Resolution: CLB15-07 Introduced by: Chairman Darrin Old Coyote Date of Vote: 7/21/2015 

Number 

Representative: Yes No Abstained 

G. Three Irons x 

B. Rogers 

C. J. Stewart 

P. Hill x 

E. Birdinground x 

A.Coyote-Runs, Sr. 

V. Nomee x 

T. Gros Ventre x 

V. Crooked Arm x 

P. Spotted Horse, Sr. x 

L. DeCrane x 

C. Goes Ahead x 

B. Hugs 

G. Real Bird, Jr. x 

B. Good Luck x 

G. Stewart x 

P. Alden, Jr. x 

Secretmy oft/1e House 

R. Old Crow, Sr. x 

Speaker of the House 

Totals: 14 0 0 

Result of Vote: 

Passed Not Passed Tabled Veto-Override 

--;L-:/~ 7;-2/-IS-- 0 OJ 7 

Senator R. Knute Old Crow, Sr. Date Senat r Pat Alden, Jr. Date 

Speaker of the House Secretary of the House 

2- (. -1\ 
Crow Tribal Gaming Ordinance of 2015 

Section 1. SHORT TITLE. 

This Ordinance may be refen-ed to as the "Crow Tribal Gaming Ordinance of 2015" or any short 

title derived from therein. 

Section 2. STATEMENT OF POLICY. 

The Crow Tribe seeks to establish absolute accountability and lawfulness in all Class II and 

Class III gaming operations conducted on Crow Indian land and to ensure the professionalism 

and economic productivity of all such gaming. The Crow Tribe also seeks to protect the 

integiity of all Class I gaming activities on Crow Indian land. 

Section 3. PURPOSES. 

The purposes of the Crow Tribal Gaming Ordinance are to provide lawful standards and 

regulations governing the conduct of gaming activities on Crow Indian land; to promote Crow 

tribal economic development and self-sufficiency; to enhance employment opportunities for 

Crow tribal members; to generate revenue for use in improving the health, education and general 

welfare of Crow tribal members; to ensure fairness in the operation of gaming on Crow Indian 

land; and to increase accountability for any gaming operations on Crow Indian land to the Crow 

tribal government and the Crow Tribal General Council. 

Section 4. DEFINITIONS. 

"Banking Card Game" means any card game in which the bank is a participant in the game, takes 

on all players, collects from all losers, pays all winners and in which the house can win. 

"Bingo" means a game of chance (whether or not electronic, computer, or other technological 

aids are used in connection therewith) which is played for prizes, including monetary prizes, with 

cards beating numbers or other designations and in which the holder of the card covers such 

numbers or designations when objects, similarly numbered or designated, are drawn or 

electronically dete1mined and in which the game is won by the first person covering a previously 

designated aiTangement of numbers or designations on such cards. 

"Class I Gaming" means social games played solely for prizes of minimal value or traditional 

forms of Crow Indian gaming engaged in by individuals as a part of, or in connection with, Crow 

Tribal ceremonies, events, or celebrations. 

"Class II Gaming" means all fo1ms of gaming which are defined as "Class II Gaming" in the 

Indian Gaming Regulatory Act and shall include, bingo or lotto (whether or not electronic, 

computer or other technologic aids are used); pull-tabs and punch boards, tip jars, if played in the 

same location as bingo or lotto,; and, non-banking card games that are explicitly authorized by 

state law, or not explicitly prohibited by state law and are played legally anywhere in the state. 

11 Crow Tr i ba l Gam in g Ord i na n ce of 2015 
"Class III Gaming" means all forms of gaming that are not Class I Gaming or Class II Gaming, 

as defined in the Indian Gaming Regulatory Act. 

"Compact" means the cutTently existing Class III gaming compact, and any amendments thereto, 

between the Crow Tribe and the State of Montana setting forth an agreement for operations of 

Class III gaming on Crow Indian land within the State of Montana in accordance with the Indian 

Gaming Regulatory Act. 

"Crow Board of Horse Racing" means the Crow Board of Horse Racing, created pursuant to the 

Crow Board of Horse Racing Act, adopted January 13, 2014, as amended. 

"Crow Indian land" means all lands and waters subject to the jurisdiction of the Crow Tribe, 

including but not limited to all lands within the exterior boundaries of the Crow Reservation, and 

any other lands held in trust by the United States on behalf of the Crow Tribe or individual 

Indians, which are eligible for gaming under the Indian Gaming Regulatory Act. 

"Crow Reservation" means all lands designated by treaty or Congressional act as the Crow 

Reservation. 

"Crow Tribal Court" or "Tribal Court" means the trial court of general tribal jurisdiction 

contained in the Crow Tribal Judicial Branch and established by the Crow Law and Order Code. 

"Crow Tribal Executive Branch" or "Executive Branch Officials" means the Chairman, ViceChairman, Secretary, and Vice-Secretary of the Executive Branch of the Crow Tribe. 

"Crow tribal government" means the Executive and Legislative Branches of the Crow Tribal 

government, acting under the delegation of authority from the Crow T1ibal General Council 

pursuant to the 200 I Crow Tribal Constitution. 

"Crow Tribe" means the Crow Tribe oflndians, also known as the Apsaalooke Nation, as 

recognized by the United States in treaty and statute and having inherent sovereign auth01ity and 

all associated rights, privileges, and immunities as a self-governing tribal nation. 

"Crow tribal member" has the same meaning as defined in the 2001 Crow Tribal Constitution. 

"Entity" means any organization, including any division, department or other unit therein and 

includes, but shall not be limited to, a public or private corporation, partnership, limited liability 

company, joint venture, voluntary or unincorporated association, organization, prop1ietorship, 

trust, estate, commission, bureau, department of governmental agency except that "entity" shall 

not include the Crow tribal government. 

"Equipment" means any article, device, or other item, employed in gaming activity including but 

not limited to bingo cards, lottery tickets, any electronically operated blower machine, computer, 

electronic selection machine, gambling machines, gaming tables, associated paraphernalia, chips 

tokens, dice and any other items employed in gaming activity. 

21 Crow Triba l Gam in g Ordinance of 2015 
"Gambling machine" means a mechanical, electrical, electronic or other gambling device or 

machine that, upon inse1iion of a coin, dollar bill, token, or other similar object, or redemption of 

a credit or upon payment of any valuable consideration, is available to play or operate, play or 

operation of which, whether by reason of skill or chance or both may deliver or entitle the player 

to receive a p1ize whether the payoff is made automatically from the machine or in any other 

manner. The tenn does not include pinball machines. 

"Gaming Commission," "Crow Tribal Gaming Commission," or "Tribal Gaming Commission" 

means the Crow Tribal Gaming Commission created by this Ordinance. 

"Gaming enterprise" or "gaming operator" means an entity engaged in Class II or Class III 

gaming on Crow Indian land. 

"Gross receipts" means the total annual, quarterly, or monthly gaming revenue from gaming 

activities on Crow Indian land received by an authorized gaming operator. 

"Gaming revenue" means all money and other funds received by a gaming operator from any 

gaming enterprise which is subject to regulation under this Ordinance. 

"Indian gaming regulatory law" means the federal Indian Gaming Regulatory Act of 1988, as 

amended, all lawful administrative regulations promulgated under its authority, and all 

authoritative federal comi decisions ii:iterpreting its meaning and application. 

"Key employee" means any person who perfo1ms as their primary duty one or more of the 

following functions: bingo caller, counting room supervisor, chief of security, custodian of 

gaming supplies or cash, floor manager, pit boss, dealer, croupier, approver of credit, custodian 

of gambling devices, including persons with access to cash and accounting records within such 

devices; or, if not otherwise included, any other person whose total monthly compensation as 

received or projected represents a value in excess of fifty-thousand dollars ($50,000); or, if not 

othe1wise included, the four most highly compensated persons in the gaming operation; this 

definition shall apply to any contractors, consultants, or other vendors; or any other person 

designated by the Tribal Gaming Commission or Crow Board of Horse Racing as a key 

employee. 

"Legislature" means the Crow Tribal Legislative Branch of Government. 

"License" means a Crow tribal gaming license issued by the Gaming Commission. 

"Lottery" means any systematic process for the disposal or distribution of property, by chance, 

among persons who have paid or provided any valuable consideration for the chance of obtaining 

such property, or a portion of it, or for any share or any interest in such property upon any 

agreement, understanding or expectation that it is to be distributed or disposed of by lot or 

chance, whether called a lottery, raffle or gift enterptise, or by whatever name the same may be 

known. 

31 Crow Tr i ba l Gam i ng Ordinance of 2015 
"National Indian Gaming Commission" or "NIGC" means the National Indian Gaming 

Commission created by the Indian Gaming Regulatory Act. 

"Net Revenues" means gross gaming revenues of the Tribe's gaming operation, less amounts 

paid out as, or paid for, prizes; and, total gaming-related operating expenses, including all those 

expenses of the gaming operation commonly known as operating expenses and non-operating 

expenses consistent with professional accounting pronouncements, excluding management fees. 

"Non-banking card games" means any card game in which two or more players play against each 

other and the players do not wager against the bank. All other non-banking card games are 

considered Class III games. 

"Ordinance" means this Act, the Crow Tribal Gaming Ordinance. 

"Person" means any individual, receiver, administrator, executor, assignee, trnstee in bankruptcy, 

trust, estate, firm, partnership, joint venture, club, company, church or church organization, joint 

stock company, business trnst, corporation, association, society, or any group of individuals 

acting as a unit, whether mutual cooperative, fraternal or nonprofit doing business on the Crow 

Reservation. The Crow tribal government is not within the definition of person. 

"Pinball Machine" means a video, mechanical, electrical or electronic machine which upon 

insertion of a coin, token, dollar bill, or upon redemption of a credit, is available for play which, 

by reason of skill, chance or a combination of both, may entitle a player to an automatic, 

immediate free replay or replays, which cannot be redeemed for anything of value. 

"Player" means any person participating in a gaming activity, who is participating with the 

reasonable expectation of, or for the chance of, receiving a prize of some value. 

"Primary management official" means: 

(1) The person having management responsibility for a management contract; 

(2) Any person who has authority; 

(A) to hire and fire employees of a gaming operation; or 

(B) to establish working policy for the gaming operation; or 

(3) The chief financial officer or other person who has financial management responsibility; or 

(4) Any other person designated by the tribe as a primary management official. 

"Prize" means any U.S. currency, cash, or other property or thing of value awarded to a player or 

players, or received by a player or players as a result of their participation in a gaming activity. 

41 Crow Tr i bal Gam i ng Ordinance of 2015 
"Tribal General Council" means the Crow Tribal General Council as recognized under the 2001 

Crow Tribal Constitution. 

"Tribal gaming facility" or "gaming facility" means any location where Class II or Class III 

gaming is conducted. 

"Tribally-regulated gaming operation" means any Class II or Class III gaming operation 

conducted on eligible Crow Indian land. 

Section 5. GAMING AUTHORIZED AND APPLICABLE LAW. 

(a) Class I gaming authorization. 

Class I gaming may be conducted by any Crow tribal member and/or other Indians participating 

in conjunction with an established Crow tribal game. Class I gaming shall not otherwise be 

regulated by this Ordinance. 

(b) Class II gaming authorization. 

Class II gaming shall be regulated by the Gaming Commission and is considered duly authorized 

and lawful only when operated consistent with all applicable provisions of this Ordinance, the 

Compact, and Indian gaming regulatory law. 

( c) Class III gaming authorization. 

Class III gaming, excluding horse racing except as othe1wise provided in this Ordinance, shall be 

regulated by the Gaming Commission and is considered duly authorized and lawful only when 

operated consistent with all applicable provisions of this Ordinance, the Compact, and Indian 

gaming regulatory law. 

( d) Horse Racing 

Horse racing shall be regulated by the Board of Horse Racing, pursuant to it's authority under the 

Board of Horse Racing Act, except that the Tribal Gaming Commission shall exercise regulatory 

authority with respect to the licensing of vendors, horse racing facilities, and horse racing key 

employees and primary management officials. 

( e) Sole Proprietary Interest 

The Crow Tribe, either through the Tribe, any of its subdivisions, or a tribally-owned business, 

shall have the sole proprietary interest in, and responsibility for, the conduct of any tribal class II 

or class III gaming activities. This section shall not preclude the Crow Tribe from entering into a 

lawful management contract pursuant to 25 U.S.C. § 2711. 

Section 6. REVENUES FROM CLASS II AND CLASS III GAMING. 

5j Cr w Triba l Gam ing O rdinance of 2 0 '15 
(a) Reporting to Crow tribal government. 

All gaming revenues received by a licensed gaming operator shall be recorded and reported to 

the following individuals or entities on a quarterly basis on or about the first day of January, 

April, July, and October of each year: 

(1) the Chainnan, Vice-Chairman, Secretary, and Vice-Secretary of the Crow Tribal 

Executive Branch; 

(2) the Crow Tribal Comptroller; 

(3) the Chairman and Secretary of the Gaming Committee of the Crow Tribal 

Legislature; 

(4) the Crow Tribal Gaming Commission; and 

(5) the Crow Tribal General Council, in a manner dete1mined by the Tribal Secretary. 

(b) All such reports described in this section shall include a notarized and dated signature from 

authorized representative of the gaming operation attesting to the accuracy of the report. 

( c) Expenditures auth01ized. 

Net revenues from gaming operations are authorized for the following uses: 

(1) To fund Crow tribal government operations or programs; 

(2) To provide for the safety and general welfare of the Crow Reservation community 

and its members; 

(3) To promote economic development within the Crow Reservation through business 

loans and grants to Crow Tribal members; 

(4) Fund local government operations for the established Districts of the Crow 

Reservation, provided that any such funding be distributed on an equal basis 

notwithstanding geographic size or population of the respective districts; and 

(5) Donate to charitable organizations with a valid non-profit charter under federal or 

Crow tribal law. 

Provided that, all such expenditures described above are only considered authorized when 

made in accordance with a duly-enacted tribal budget, approved by the Legislature and 

Secretary of the Interior. 

Section 7. GAMING FACILITIES. 

61 Crow Tr i ba l Gaming Ordinance of 2015 
(a) Each gaming facility, including facilities at which horse racing is conducted, shall be 

constructed, maintained, and operated in compliance with applicable tribal laws, and in a manner 

that adequately protects the environment and the public health and safety. 

(b) In accordance with Crow tribal law, the International Building Code shall be the applicable 

binding standard for gaming facilities constructed on Crow Indian lands. 

( c) In the absence of an applicable comprehensive tribal or federal fire safety code, the 

International Fire Code shall be the applicable binding standard for operation of any new 

construction in which Class II and Class III gaming takes place on Crow lands. 

( d) In the event that provisions of either the International Building Code or the International Fire 

Code are asserted to be inapplicable to gaming facility construction or gaming facility operation 

on Crow Indian lands, the Crow Tribal Gaming Commission shall be notified. The Gaming 

Commission shall meet within three (3) days of receiving such notice to determine the 

applicability of the International Building Code and International Fire Code to gaming facility 

construction and operation on Crow Indian lands. In the event that the standards adopted herein 

are dete1mined not to apply, an alternate standard and/or required course of action must be 

provided to ensure the protection of public health and safety. 

(e) Each gaming facility shall be subject to inspection by the Gaming Commission Chaiiman 

and/or his authorized agents to ensure compliance with all applicable tribal and federal laws. 

Section 8. MINORS, EMPLOYEES PROHIBITED. 

(a) Age requirement for players. 

No person under the age of 18 years shall be permitted to play any Class II or Class III game. 

(b) Gaming Facility employees prohibited from playing while on duty. 

No person who is employed at a Class II or Class III gaming facility shall be allowed to play any 

game conducted therein while on duty. 

The Crow Tribal Gaming Commission shall promulgate administrative regulations regarding offduty conduct of employees in such a gaming facility. 

Section 9. PRIZES: ASSIGNMENT AND FORFEITURE. 

(a) Prizes not assignable, exception. 

The right of any person to a prize shall not be assignable, except that payment of any ptize may 

be made to the estate of a deceased prize-winner or to a person pursuant to an order of the Crow 

Tribal Court. 

(b) Unclaimed p1izes, forfeiture for unlawful winnings. 

71 Crow Tr i ba l Gaming Ord in ance of 20·15 
(1) Any unclaimed prize of a Class II or Class III gaming activity shall be retained by the 

gaming operator in the gaming facility for thi1ty (30) days after the prize is available to 

be claimed. Any person who fails to claim a prize during such time shall forfeit all rights 

to the prize, and the amount of the prize shall be awarded to the Gaming Commission. 

(2) Any Class II or Class III gaming prize won by a person under the age of eighteen (18) 

or othe1wise in an unlawful manner shall be forfeited as a violation of this Ordinance. 

Any such ptize shall be awarded to the Gaming Commission. Provided that, if the 

unlawful prize is won by a minor, the approximate consideration paid by the minor shall 

be refunded to the minor. 

Section 10. CROW TRIBAL GAMING COMMISSION. 

(a) Establishment, composition, appointment and qualifications. 

(1) There is hereby established a Crow Tribal Gaming Commission, which shall replace 

the Crow Tribal Gaming Commission established previously under Crow tribal law. The 

Gaming Commission shall be comp1ised of a Gaming Commission Chairman and six ( 6) 

Commissioners, one of whom shall be designated as the Commission Vice-Chairman and 

shall exercise the authority of the Chairman in his absence. There shall be one 

Commissioner from each of the six legislative districts, who shall each be nominated by 

the Tribal Chairman with the advice and consent of the Legislature. Such advice and 

consent shall include a concurrence from a maj01ity of the legislators from each district 

before a nominee is submitted to the Legislature for final approval through a majority 

vote. 

(2) Upon the effective date of this Ordinance or upon the event any Commission seat 

becomes vacant, the Tribal Chairman shall have thirty (30) days to submit a nomination. 

Upon submission of a nomination, the Legislature shall make a decision within 15 days. 

In the event the nominee is denied, the Chairman shall submit another name within 

fifteen (15) days of the decision. Failure of the Chainnan to make a nomination shall 

vest the authority in the Legislature to make an appointment by majority vote. Failure of 

the Legislature to make an appointment within thirty (30) days shall vest the authority in 

the Crow Tribal Gaming Commission, who shall make a selection by a majo1ity vote of a 

quorum of the Commission. 

(3) The Gaming Commission Chai1man shall be nominated by the T1ibal Chairman and 

confirmed by a two-thirds vote of the Legislature. Upon the effective date of this 

Ordinance or upon the event the position of Commission Chairman becomes vacant, the 

appointment process shall be the same as that for Gaming Commissioners. 

(4) No nominee to the Crow Tribal Gaming Commission shall exercise any authority 

under this Ordinance until duly confirmed under this Ordinance. 

Bl Crow Tribal Gam i ng Ordinance of 2015 
(A) In the event that a quornm of the Crow Tribal Gaming Commission has not 

been duly confirmed, the Chai1man of the Crow Tribal Gaming Commission 

shall ensure compliance with this Ordinance. 

(B) In the event that a quornm of the Crow Tiibal Gaming Commission has not 

been duly confirmed, and no Chairman has been employed by the Gaming 

Commission, the Tribal Chairman may appoint an inte1im Chairman to ensure 

compliance with this Ordinance. The appointment of an interim Chainnan 

shall not exceed 120 days. No individual may be appointed as the interim 

Chairman for two successive terms. The interim Chairman may be 

compensated for services rendered. 

(5) All Crow Tribal Gaming Commissioners and the Commission Chai1man shall be 

members of the Crow Tribal General Council and must be registered to vote in the 

districts they represent at the time of their confirmation. 

(6) The Chairman of the Commission and each Commissioner shall demonstrate 

knowledge and familiarity with the following: 

(A) the Indian gaming industry, generally; 

(B) this Ordinance and Indian gaming regulatory law; 

(C) administrative law and administrative procedure; 

(D) the structure of Crow Tribal government and the 2001 Crow Tribal 

Constitution. 

(7) Membership in the Gaming Commission shall not constitute a position of full-time 

employment with the Crow Tribe. 

(b) Terms. 

Appointments shall be for a period of four (4) years, except that of the initial members from the 

Lodge Grass, Black Lodge, and Arrow Creek Districts shall be for two years, which will result in 

staggered appointment and provide continuity within the Commission. The Chairman of the 

Commission and all Commissioners may be re-appointed for successive terms under the same 

process as the initial appointment. 

( c) Conflict of interest, pro hi bi ted. 

(1) The Chai1man of the Gaming Commission and all Commissioners shall not at any 

time while serving on the Commission have any private interest in any gaming activity, 

including but not limited to employment or consultation, and shall not be involved in any 

activity which may have direct interests in conflict with gaming operations on Crow 

Indian land. 

9I Crow Tribal Gaming Ord in ance of 2015 
(2) The Chairman of the Gaming Commission and all Commissioners are absolutely 

prohibited from engaging in gaming on Crow Indian Land as players. 

(3) No Commissioner may hold elected office with the Crow Tribe while serving on the 

Gaming Commission. 

( d) Removal. 

(1) The Chairman of the Gaming Commission and all Commissioners may be removed 

for good cause, or by a majority of the Crow Tribal Legislature upon referral by a 

majmity vote of a quorum of the remaining Commission, or in accordance with the 

process set forth in Article VIII, Section 3 of the 2001 Crow Constitution. Good cause 

shall exist when any condition occurs or is discovered which would exclude a person 

from appointment or demonstrate a willingness to disobey the requirements of this 

Ordinance, including but not limited to conflicts of interest, or applicable Indian gaming 

regulatory law. 

(2) Good cause removal shall take place upon a majority vote of a quorum of the 

remaining Commission and shall be reviewable in Crow Tribal Court. Such judicial 

review shall consider all facts with a clear error standard and shall uphold the Gaming 

Commission decision unless found to be arbitrary, capricious, an abuse of authority, or 

otherwise unlawful. Provided that, all good cause removals shall be conducted in 

accordance with the process established in subsection (g) of this section. 

(e) Duties and rule-making authority. 

(1) The Gaming Commission is delegated with the authority and duty to administer and 

enforce all applicable provisions of this Ordinance. The Commission shall by majority 

vote of a quorum have the following authorities: 

(A) to promulgate rules and regulations which are necessary and proper for the 

just implementation of this Ordinance, provided that no administrative rule or 

regulation shall be valid and enforceable until ratified by a joint action resolution 

of the Executive Branch and Legislature; 

(B) to establish rules of play for each Class II and Class III game permitted, which 

shall be posted in an area available for open public viewing in all gaming 

facilities; 

(C) to exercise exclusive authority to license all Class II and Class III gaming 

activities and persons employed in gaming activities conducted within on Crow 

Indian land; 

(D) to conduct background investigations of key employee and primary 

management official applicants; 

101 Crow Triba l Gaming Ordinance of 2015 
(E) to caITy on a continuous study and investigation of Class II and Class III 

gaming on Crow Indian land for the purpose of: 

(I) finding any defects in, or abuses of, the standards and regulations 

promulgated in accordance to this Ordinance; 

(II) fo1mulating recommendations for changes in the standards and 

regulations in this Ordinance and any and all applicable rules and 

regulations promulgated in accordance thereof; 

(III) preventing abuses and evasions of the standards and regulations 

prescribed by this Ordinance and applicable rules and regulations 

promulgated in accordance thereof; 

Provided that, on or before the 31st of December of each year, the 

Commission shall submit an annual written report to the Executive Branch 

and Legislature containing all information gathered which is relevant to 

items I, II, and III above. 

(F) to immediately report to the Executive Branch and the Legislature on any 

matters related to gaming which are deemed by the Commission to constitute an 

emergency requiring immediate legislative action; 

(G) to employ through commissions of authority such officers as are necessary 

and proper to provide assistance in caITying out the specific and general powers 

and duties of the Gaming Commission; 

(H) to employ independent legal counsel, who shall be admitted to the Crow 

Tribal Bar and who shall not advise the Commission Chairman in the event there 

is an action taken by the Chai1man under subsection (t) of this section. The 

Commission Chairman may seek outside counsel in such circumstances. 

Provided that, it shall be considered a conflict of interest for any attorney 

employed by the Crow tribal government to provide legal counsel to the Gaming 

Commission or Commission Chairman. 

(2) The Commission Chairman shall have the auth01ity to call the Commission into 

session by giving each Commissioner notice at least seven (7) days before the first day of 

a scheduled session. 

(3) A rule-making quorum of the Commission shall be at least five Commissioners. 

(4) The Commission Chairman shall not have a vote when the Commission votes to 

enact, amend, or rescind a rule or regulation unless to break a tie. 

(t) Enforcement and adjudication. 

111 Crow Tribal Gaming Ordinance of 2015 
(1) In order to enforce the provisions of this Ordinance and any applicable administrative 

regulations promulgated in furtherance therein, the Gaming Commission Chairman shall 

have the following authorities: 

(A) to issue a w1itten civil charge to any suspected violator, which shall contain a 

brief explanation of the type of activity giving rise to the violation and the alleged 

date of such activities, the provision of this Ordinance or the administrative 

regulation violated, the civil penalty sought by the Commission Chairman, and 

notice that the suspected violator has a right to contest the suspected violation 

before the Commission within fifteen (15) days of the delivery of the civil 

complaint. 

Provided that, upon the filing of a contest by a person or entity alleged to be in 

violation of this Ordinance or an administrative regulation, the Commission shall 

notify the person of an administrative heating on the matter which shall be 

scheduled within 30 days of the filing of the contest; 

Provided further, that failure of a suspected violator to respond to the notice 

described in Part (A) above will result in a default finding of the charge being 

substantiated as true. 

(B) to issue a written denial to a license applicant or by written order to suspend 

the validity of a current license with any such written denial or order containing 

the following: 

(g) Review hearings. 

(I) a clear explanation of the reason why the Commission has taken such 

action; 

(II) the provision of this Ordinance or the administrative regulation which 

the applicant or licensee has violated or showed a deficiency regarding; 

(III) the effective date of the action; 

(IV) the civil penalties sought, if any; 

(V) notice that the suspected violator has a right to appeal the license 

denial before the Commission within fifteen (15) days of the delivery of 

the notice to the licensee or applicant. 

Provided that, upon the filing of an appeal by a licensee or license 

applicant, the Commission Chai1man shall notify the person of an 

administrative review hearing which shall be scheduled within thirty (30) 

days of the filing of an appeal. 

12 I Crow Tr i b a I Gaming 0 rd in an c e of 2 0 1 5 
(1) On appeal from any charge, license denial, license suspension or revocation, or other 

administrative action affecting a gaming operator or gaming employee, the affected 

person or persons shall have a right to appeal such action to the Commission in 

accordance with this subsection. 

(2) The following shall be required for any lawful review hearing under this section: 

(A) all review hearings shall be conducted by a quorum of the Commission, 

which shall consist of at least five (5) Commissioners; 

(B) all review hearings shall be on the record and open to the public; 

(C) all review hearings shall be conducted on the Crow Reservation; 

(D) the person or persons subject to a review hearing shall have the right to 

submit a w1itten explanation or argument on their behalf, shall have a right to 

counsel, who must be admitted to the Crow Tribal Bar, and shall have a 

reasonable amount of time to present their case during their hearing before the 

Commission; 

(E) public notice shall be given to the General Council and Crow tribal 

government at least fomieen (14) days before any review hearing is conducted. 

Such notice shall contain the cases or subjects to be discussed, the location and 

time scheduled, and any other information relevant to ensuring public knowledge 

of the proceedings; 

(F) all review hearing decisions by the Commission must be by a majority vote of 

a quorum of the Commission. The Commission Chairman shall not be entitled to 

vote in a review heating. In the event of a tie vote, the Commission action shall 

be considered stayed pending further review, which shall require further 

deliberation and a final vote within three (3) days. In the event the vote remains 

tied, the action is dismissed with prejudice; 

(G) upon the entry of a majority vote and decision by the Commission in a review 

hearing, a written opinion shall be made by a Commissioner as determined by a 

majority of the Commission. Such opinion shall be considered a final agency 

action and must include a finding of facts and a determination oflaw. The 

opinion shall be immediately delivered to the person subject to the Commission 

action and shall be considered a public document and shall be permanently 

maintained as a public record by Commission and the Tribal Secretary, along with 

any subsequent court records; 

(H) all final agency actions under this section are reviewable in the Crow Tribal 

Comi under a de novo review of any questions oflaw and a clear en-or standard of 

review of all findings of fact. 

13I C ro w Tr i ba l Gam in g O r d in a n ce of 2015 
Provided that, any appeal for judicial review must be filed in the Crow Tribal 

Court and Gaming Commission within fifteen (15) days of the time notice was 

provided to the petitioner of the Commission's action. 

(3) In the event the Commission Chairman or Commission do not meet any of the 

procedural requirements contained in this section, the party subject to the Commission 

Chairman or Commission's action may file for injunctive relief in Crow Tribal Comi and 

may seek a dismissal of the action. 

(h) Compensation. 

The Gaming Commission Chai1man, Commissioners, and employees shall be reasonably 

compensated, as determined by the Executive Branch Officials. The compensation shall be paid 

from the Crow tribal general fund and from net revenue from gaming activities. 

Section 11. TRIBAL GAMING LICENSES. 

(a) Types oflicenses to be issued. 

(1) The Crow Tribal Gaming Commission shall issue the following licenses for Class II 

and Class III gaming (including horse racing): 

(A) Gaming Operations. Each gaming facility on Crow Indian Lands shall obtain 

a license. Each gaming facility, in anticipation of conducting Class II or Class 

III gaming on Crow Indian Lands shall apply for a license authorizing such 

gammg; 

(B) Gaming Employees. Any person who has been hired for employment in any 

licensed gaming operation as a primary management official, a key employee, 

or other gaming employee as deemed necessary by the Gaming Commission 

to be licensed, shall apply for a license authorizing such employment; 

(C) Any Entity that provides any goods or services (except professional, legal and 

accounting services to a gaming facility), the value of which exceeds $75,000 

annually, or any Entity that provides any amount of gaming equipment in 

connection with the operation of Class II or Class III gaming in the gaming 

facility, shall apply for and obtain a license prior to providing such services; 

(D) Any person seeking to establish a gaming operation, become a gaming 

employee, or provide gaming services on Crow Indian land shall apply for, 

and receive, all required licenses plior to engaging in such activity; and, 

(E) Any other license or combination of licenses established by the Gaming 

Commission under administrative regulation 

14 I Crow Tr i b a I Gam i ng 0 rd i n an c e of 2 0 1 5 
(2) Licenses shall indicate the type and class of license on the face of the license. A 

combined Class II and Class III license may be issued if appropriate. 

(b) License fees. 

(1) Any person applying for a gaming license pursuant to this Ordinance shall submit his 

or her application and all required forms and info1mation, as set forth by the Gaming 

Commission regulations. 

(2) The Crow T1ibal Gaming Commission shall promulgate rules to establish fees for 

application, background investigations and licenses. 

(c) License fee waiver. 

The Tribal Gaming Commission may waive fees under the following circumstances: 

(1) where a licensee or license applicant is unable to pay fees due to a demonstrated 

financial exigency; or · 

(2) where the license applicant is a non-profit entity chartered under federal or ttibal law 

and the intended purpose of the gaming is for a charitable fund-raiser. 

( d) License renewal. 

A licensee shall, at least thirty (30) days prior to the expiration of their license submit an 

application for renewal and any required forms and information together with a renewal fee 

equivalent to 75% of the applicable license fee. 

Section 12. TRIBAL GAMING LICENSE VALIDITY: EFFECTIVE PERIOD AND 

LOCATION. 

(a) Pe1iod. 

Gaming licenses shall be valid and effective for a period of one (1) calendar year from the date 

of issuance, unless the license is suspended or revoked for cause after notice and hearing 

pursuant to this Ordinance. The effective date and period of the license shall be stated on the 

face of the license. 

(b) Location. 

(1) A gaming license shall be valid for one ( 1) facility or location only, and the location 

shall be identified on the face of the license. 

(2) If a person or entity desires to be employed with more than one gaming operation, a 

separate gaming license must be obtained for each separate gaming operation. 

151 Crow Tr i bal Gam ing Ord in ance of 2 01 5 
(c) Facility licenses. 

Each gaming facility must be separately licensed and such licenses shall be displayed 

prominently in an area of public viewing in the gaming facility. 

Section 13. TRIBAL GAMING LICENSES: QUALIFICATIONS AND REQUIREMENT. 

(a) Generally. 

(1) An application to receive a license or to be found suitable to receive a license shall 

not be granted unless the Gaming Commission is satisfied, after review of a background 

investigation that such applicant is: 

(A) a person of good character, honesty and integrity; 

(B) a person whose prior activities, criminal record, if any, reputation, habits and 

associations do not pose a threat to the public interest or to the effective regulation 

of gaming, or create or enhance the dangers of unsuitable, unfair or illegal 

practices and methods and activities in the conducting of gaming or the canying 

on of the business and financial anangements incidental thereto; and 

(C) in all other respects is qualified to be licensed or found suitable consistent 

with the declared policy of the Crow Tribe under this Ordinance. 

(2) An application to receive a license or to be found suitable constitutes a request for a 

determination of the applicant's general character, integiity and ability to participate or 

engage in, or be associated with gaming on Crow Indian land. Any written or oral 

statement made in the course of an official proceeding of the Gaming Commission or the 

National Indian Gaming Commission by any member thereof, or any witness testifying 

under oath which is relevant to the purpose of the proceeding is absolutely privileged, 

and does not impose liability or defamation constituting a ground for recovery in any 

civil action. 

(b) Privacy Notice 

(1) An application fonn for a key employee or a primary management official must 

contain the following statement: 

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 is to determine the eligibility of individuals 

to be granted a gaming license. The info1mation will be used by 

the Tribal gaming regulatory auth01ities and by the National Indian 

Gaming Commission (NIGC) members and staff who have need 

for the information in the performance of their official duties. The 

information may be disclosed by the Tiibe or the NIGC to 

161 Crow Tr i ba l Gam i ng Ord in ance of 2 015 
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 a tribe or the NIGC in connection 

with the issuance, denial, or revocation 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 notice will result in a tiibe's being unable to license you for a 

primary management official or key employee position. The 

disclosure of your Social Secmity Number (SSN) is voluntary. 

However, failure to supply a SSN may result in errors in 

processing your application. 

(2) A tribe shall notify in writing existing key employees and primary management 

officials that they shall either: 

(A) Complete a new application f01m that contains a Privacy Act notice; or 

(B) Sign a statement that contains the Privacy Act notice and consent to the 

routine uses described in that notice. 

(C) All license application fotms used one-hundred eighty (180) days after the 

enactment of this ordinance shall comply with this section. 

(c) Notice regarding false statements. 

(1) An application form for a key employee or a primary management official must 

contain the following statement: 

A false statement on any part of your license application may be 

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

license. Also, you may be punished by fine or imprisonment (U.S. 

Code, Title 18, section 1001). 

(2) The ttibal gaming commission must notify in writing existing key employees and 

primary management officials that they shall either: 

(A) Complete a new application form that contains a notice regarding false 

statements; or 

(B) Sign a statement that contains the notice regarding false statements. 

(3) All license application f01ms used 180 days after enactment of this gaming ordinance 

shall comply with this section. 

( d)Background investigations. 

The Gaming Commission shall perform a background investigation for each primary 

171 Crow Tr i ba l Gam i ng Ordinance of 2015 
management official and for each key employee of a gaming operation. 

(1) The Gaming Commission must request from each primary management official and 

from each key employee all of the following information: 

(A) Full name, other names used (oral or written), social security number(s), bi1ih 

date, place of birth, citizenship, gender, all languages (spoken or written); 

(B) Currently and for the previous five years: Business and employment positions 

held, ownership interests in those businesses, business and residence addresses, 

and driver's license numbers; 

(C) The names and current addresses of at least three personal references, 

including one personal reference who was acquainted with the applicant during 

each period of residence listed under paragraph (a)(2) of this section; 

(D) Current business and residence telephone numbers; 

(E) A description of any existing and previous business relationships with Indian 

tribes, including ownership interests in those businesses; 

(F) A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those businesses; 

(G) 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; 

(H) 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; 

(I) 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; 

(J) ·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 paragraph (a)(8) or (a)(9) of 

this section, the criminal charge, the name and address of the comi involved and 

the date and disposition; 

(K) The name and address of any licensing or regulatory agency with which the 

person has filed an application for an occupational license or pennit, whether or 

not such license or permit was granted; 

(L) A photograph; 

181 Crow T riba l Gam ing Ord i nance of 2015 
(M) Fingerprints taken by a Crow tribal, federal, or state law enforcement agency 

in accordance with guidelines established by federal protocol and which shall be 

sent directly to the National Indian Gaming Commission by the law enforcement 

agency taking the fingerprints; and, 

(N) Any other info1mation the Gaming Commission deems relevant. 

(2) If, in the course of a background investigation, the Tribal Gaming Commission 

discovers that the applicant has a notice ofresults on file with the National Indian 

Gaming Commission from a prior investigation and the Gaming C01mnission has access 

to the earlier investigative materials (either through the National Indian Gaming 

Commission or the previous tribal investigative body), the Tribal Gaming Commission 

may rely on those materials and update the investigation and investigative report under 

25 C.F.R. § 556.6(b)(l). 

(3) In conducting a background investigation, the Gaming Commission, and its agents, 

shall keep confidential the identity of each person interviewed in the course of the 

investigation. 

(4) The Gaming Commission is authorized to appoint one or more investigators to fulfill 

the requirements of this section. 

(e) Tribal eligibility determination. 

The Gaming Commission shall conduct an investigation sufficient to make an eligibility 

determination. 

(1) To make a finding concerning the eligibility of a key employee or primary 

management official for granting of a gaming license, the Gaming Commission shall 

review a person's: 

(A) Prior activities; 

(B) Criminal record, if any; and 

(C) Reputation, habits and associations. 

(2) No person shall be employed by a gaming enterprise operated on Crow Indian Land 

who: 

(A) has been convicted of or who has pled guilty or nolo contendere to any felony, 

gambling offense, or other offense involving moral turpitude except that 

misdemeanors committed before such person's 18th bi1ihday shall not act to bar his 

or her employment; or 

(B) is under the age of 18; and, 

(C) further, no person shall be employed as a primary management official or key 

191 Crow Tr i ba l Gam i ng Ord i nance of 2015 
employee who is under.the age of21. 

(3) If the Gaming Commission, in applying the standards adopted in this ordinance, 

dete1mines that licensing of the person poses a threat to the public interest or to the 

effective regulation of gaming, or creates or enhances the dangers of unsuitable, unfair, or 

illegal practices and methods and activities in the conduct of gaming, the Gaming 

Commission shall not license that person in a key employee or primary management 

official position. 

(/) Report to the National Indian Gaming Commission. 

(1) The Gaming Commission shall maintain a complete application file of each primary 

management official and key employee containing the information listed under§ 13(d). 

(2) Before issuing a license to a p1imary management official or to a key employee, the 

Gaming Commission shall: 

(A) Create and maintain an investigative report on each background i.nvestigation. 

An investigative repmi shall include all of the following: 

(i) Steps taken in conducting a background investigation; 

(ii) Results obtained; 

(iii) Conclusions reached; and 

(iv) The basis for those conclusions. 

(B) Where the Gaming Commission has appointed an investigator pursuant to § 

13(d), above, the independent investigator must prepare the written repmi 

required under this section. Where no independent investigator has been 

appointed, the report required under this section shall be prepared by the Gaming 

Commission Chairman. 

(C) Submit a notice ofresults of the applicant's background investigation to the 

National Indian Gaming Commission no later than sixty ( 60) days after the 

applicant begins work. The notice of results shall contain: 

(i) Applicant's name, date ofbi1ih, and social secmity number; 

(ii) Date on which applicant began or will begin work as key employee or 

primary management official; 

(iii) A summary of the information presented in the investigative repmi, 

which shall at a minimum include a listing of: 

(A) Licenses that have previously been denied; 

20 I C r o w T r i b a I G a m i n g 0 r d i n a n c e o f 2 0 1 5 
(g) Notice. 

(B) Gaming licenses that have been revoked, even if subsequently 

reinstated; 

(C) Every known criminal charge brought against the applicant 

within the last 10 years of the date of application; and 

(D) Every felony of which the applicant has been convicted or any 

ongoing prosecution. 

(iv) A copy of the eligibility determination made under§ 13(e). 

All notices under this section shall be provided to the National Indian Gaming Commission 

through the appropriate Regional office. 

(h) Review of notice of results for a key employee or primary management official. D 

(1) Upon receipt of a complete notice of results for a key employee or ptimary 

management official as required by§ 13(f) ofthis ordinance, the Chairperson of the 

National Indian Gaming Commission has 30 days to request additional information from 

a tribe concerning the applicant or licensee and to object. 

(2) If the National Indian Gaming Commission has no objection to the issuance of a 

license, it will notify the Tribe within thirty (30) days ofreceiving notice ofresults 

submitted to it pursuant to§ 13(e). 

(3) If, within the 30-day period described in § 13(h), the National Indian Gaming 

Commission provides the Tribe with a statement itemizing objections to the issuance of a 

license to a key employee or to a ptimary management official applicant for whom the 

Tribe has provided a notice of results, the Ttibal Gaming Commission shall reconsider 

the application, taking into account the objections itemized by the National Indian 

Gaming Commission. The Ttibal Gaming Commission shall make the final decision 

whether to issue a license to such applicant. 

(4) If the Tribal Gaming Commission has issued the license before receiving the National 

Indian Gaming Commission's statement of objections, notice and hearing shall be 

provided to the licensee as provided by§ 13U). 

(i) Notification to the NIGC of license decisions and retention obligations. D 

(1) After the Ttibal Gaming Commission has provided a notice of results of the 

background check to the National Indian Gaming Commission, the Tribal Gaming 

Commission may license a p1imary management official or key employee. 

(2) Within 30 days after the issuance of the license, the Tribal Gaming Commission must 

notify the National Indian Gaming Commission of its issuance. 

21 I C r o w T r i b a I G a m i n g 0 r cl i n a n c e o f 2 0 1 5 
(3) A gaming operation shall not employ a key employee or primary management official 

who does not have a license after ninety (90) days. 

(4) If the Tribal Gaming Commission does not license an applicant-

(A) The Tribal Gaming Commission shall notify the National Indian Gaming 

Commission; and, 

(B) Shall forward copies of its eligibility determination and notice of results, 

under paragraph (f) of this Section, to the National Indian Gaming Commission 

for inclusion in the Indian Gaming Individuals Record System. 

(5) A tribe shall retain the following for inspection by the Chair or his or her designee for 

no less than three years from the date of tennination of employment: 

(A) Applications for licensing; 

(B) Investigative reports; and 

(C) Eligibility dete1minations. 

(j) Notice of information impacting eligibility and licensee's right to a hearing. 

(1) If, after the issuance of a gaming license, the National Indian Gaming Commission 

receives reliable information indicating that a key employee or a primary management 

official is not eligible for employment under§ 13(e) of this chapter, the National Indian 

Gaming Commission is required to notify the Tribe of the information pursuant to 25 

C.F.R. § 558.4. 

(2) Upon receipt of such notification from the National Indian Gaming Commission 

under paragraph (1) of this section, the Tribal Gaming Commission shall immediately 

suspend the license and shall provide the licensee with written notice of suspension and 

proposed revocation. 

(3) The Tribal Gaming Commission shall notify the licensee of a time and a place for a 

hearing on the proposed revocation of a license. Such heatings shall be conducted in 

accordance with the procedures established in § 1 O(g) of this Ordinance. 

( 4) A right to a hearing under this subsection shall vest only upon receipt of a license 

granted under this Ordinance, following the approval of this Ordinance by the National 

Indian Gaming Commission. 

(5) After a revocation hearing, the Tribal Gaming Commission shall decide to revoke or 

to reinstate a gaming license. The T1ibal Gaming Commission shall notify the National 

Indian Gaming Commission of its decision within 45 days of receiving notification from 

the National Indian Gaming Commission pursuant to paragraph (a) of this section. 

(k) Submission of notices. 

22 I C r o w T r i b a l G a m i n g 0 r d i n a n c e o f 2 0 1 5 
(1) All notices under this part shall be provided to the National Indian Gaming 

Commission through the appropriate Regional office. 

(I) Other requirements of employment 

(1) No person shall be employed as a primary management official or key employee in a 

Class II or Class III gaming activity who: 

(A) has not first applied for and obtained a gaming license, pursuant to this 

Ordinance; 

(B) is ineligible for fidelity bonding or similar insurance cove1ing employee 

dishonesty. 

(2) Every person employed at a gaming facility operated on Crow Indian land shall wear 

an identification badge which conspicuously states the place of employment, the full 

name of the person and their position of employment. 

Section 14. LICENSE SUSPENSION AND REVOCATION. 

(a) Suspension and revocation. 

The Gaming Commission Chai1man shall immediately suspend and, after notice and 

hearing is provided, the Gaming Commission may revoke the license of any owner, 

primary management official, or key employee of a Class II or Class III gaming operation 

if the Commission dete1mines that the owner, primary management official, or key 

employee is in violation of this Ordinance or applicable Indian gaming regulatory law. 

(b) Suspension and revocation notices. 

All license suspension and revocation notices shall be provided to the licensee in 

accordance with the procedure established in Section 10 of this Ordinance and any 

regulations promulgated by the Gaming Commission. A copy of any revocation notice 

shall be sent to the National Indian Gaming Commission. 

( c) Application for relicensing. 

No person or entity whose Class II or Class III gaming license has been revoked shall be 

eligible for a new license until twelve (12) months after the effective date of the license 

revocation. 

Section 15. CLASS II GAMING. 

(a) License required. 

(1) No person or entity shall own an interest in or operate a Class II gaming activity on 

Crow Indian land unless that person or entity has first received a license to conduct Class 

23 I C r o w T r i b a I G a m i n g 0 r d i n a n c e o f 2 0 1 5 
II gaming from the Gaming Commission. The Crow Tribe may enter into a management 

contract for the operation of a Class II gaming enterprise so long as the contract is in 

accordance with all Crow tribal laws and Indian gaming regulatory law. 

(2) The Gaming Commission may license a Class II gaming activity owned in whole or 

part by a person or entity other than the Crow Tribe so long as the licensing standards for 

any such Class II gaming are at least as restrictive as Montana state law governing similar 

gaming within the state. No such license shall be issued, unless: 

(A) The applicant has expressly agreed, in writing, to be subject to Crow tribal 

law; and, 

(B) The applicant is determined to otherwise be eligible to conduct the same 

gaming under Montana state law outside the Crow Reservation. 

(3) No less than sixty percent (60%) of the net revenues from licensed Class II gaming 

activity owned or operated by an independent person or entity must be delivered to the 

Crow Tribe. Such independent owner or operation must pay an appropriate assessment to 

the National Indian Gaming Commission, as may be required under applicable Indian 

gaming regulatory law. 

( 4) Operators or employees in charge of such licensed Class II gaming activities shall 

provide required reporis, audits, contracts for service or supplies as requested by the 

Gaming Commission. 

(5) No business association of any type may be granted a license to conduct Class II 

gaming unless all such owners or managers are individually qualified under this 

Ordinance, and any applicable regulations adopted hereunder. 

(b) Rule-making authority. 

The Gaming Commission shall promulgate necessary and proper regulations governing 

the issuance of Class II licenses in accordance with this Ordinance. Provided that 

preference shall always be given by the Gaming Commission to any gaming enterprise 

owned and operated by the Crow Tribe. 

( c) Class II rules, generally. 

(1) Licensed Class II gaming may be conducted twenty-four (24) hours a day, seven (7) 

days a week, subject to approval by the Gaming Commission. 

(2) Prior to operation of Class II gaming or any change in hours of operation, the operator 

shall notify the Gaming Commission of the proposed hours and days its facility will be 

open, and the hours and days gaming will be conducted. The Commission Chairman may 

object to the proposed schedule and must provide notice to the operator of any such 

objection, and the reasons therefore, within fifteen (15) days. The operator may submit 

24 I C r o w T r i b a I G a m i n g 0 r d i n a n c e o f 2 0 "I 5 
an alternative schedule or may request a review heaiing, which shall be conducted under 

the procedure set fo1ih in Section 10 of this Ordinance. 

(3) No person may enter into a room or area in which a bingo game is being played 

unless the person is a player, facility employee, or a person present by authority of the 

Gaming Commission. 

(4) The number of people permitted to play any bingo game shall not exceed the number 

of seats available in the room or area in which the game is being played. 

Section 16. CLASS III GAMING. 

(a) Exclusive ownership by the tiibe. 

All Class III gaming on Crow Indian land shall be owned exclusively by lawfully-established 

gaming enterprises of the Crow Tribe, and no license to own or operate any Class III gaming 

shall be issued to any other person or entity. 

(b) Plan of operation; approval by the gaming commission. 

All Class III gaming must be conducted pursuant to a Class III gaming plan of operation. The 

Gaming Commission shall approve any Class III gaming plan of operation submitted by a 

gaming enterprisy owned by the Crow Tribe so long as the proposed operation is in compliance 

with the facility safety requirements of Crow tribal law, the proposed Class III gaming is 

consistent with the Compact, and the proposed Class III gaming complies with all other 

applicable Crow tiibal law and Indian gaming regulatory law. Any such plan of operation must 

detail each of these requirements. 

( c) Management contracts. 

The Crow Tribe, by Crow tribal joint action resolution, may enter into a management contract 

for the operation and management of any or all tribally-owned Class III gaming activities 

provided that any such contract must fully comply with the provisions of this Ordinance, the 

Compact, and all other applicable provisions of Crow tribal law and Indian gaming regulatory 

law. 

( d) Regulation and inspection. 

(1) All Class III gaming shall be regulated by the Gaming Commission, which shall adopt 

all necessary and proper regulations in order regulate such gaming. Such regulations 

shall include game rules and rules of conduct, requirements for public display of rules at 

gaming facilities, facility requirements, pe1mitted games specifications and requirements, 

background investigations, application and release forms. 

(2) All Class III facilities may be inspected by the Gaming Commission at usual business 

hours. 

25 I C r o w T r i b a I G a m i n g 0 r d i n a n c e o f 2 0 1 5 
( e) Hours of operation. 

Class III gaming may be conducted twenty-four (24) hours a day, seven (7) days a week unless 

the Commission declares by order that such hours pose a risk to the health, safety, or welfare of 

the public. 

Section 17. RECORDS AND AUDITS. 

(a) Records. 

( 1) Every gaming operation_ on Crow Indian land shall maintain accurate and cun-ent 

records for each gaming activity conducted at each gaming facility. All such records 

must include the following information: 

(A) all financial transactions; 

(B) all gaming machine testing, malfunctions, maintenance and repairs; 

(C) cun-ent personnel; 

(D) complaints of patrons 

(E) internal investigations of any kind; 

(F) any incidents or accidents causing physical harm or injury of any sort; 

(G) any actions by any facility employee against players or facility visitors; and 

(H) any actions by management against or in reprimand of facility employees. 

(b) Audits. 

(1) The Gaming Commission shall order an annual audit on all Class II and Class III 

gaming activities on Crow Indian land. All such audits shall be conducted by an 

independent, licensed auditing firm selected by the Gaming Commission. 

(2) All contracts for supplies, services, or concessions with an amount in excess of 

$25,000 annually, except contracts for legal or accounting services, and which related to 

Class II or Class III gaming, shall be subject to the independent audit required by part (1) 

of this subsection. 

(3) A verified copy of all such audits commissioned under this subsection shall be 

furnished to the National Indian Gaming Commission. 

Section 18. PENAL TIES. 

26 I C r o w T r i b a I G a m i n g 0 r d i n a n c e o f 2 0 1 5 
(a) Criminal penalties. 

(1) It shall be a felony crime for any person or entity to: 

(A) knowingly operate or participate in gaming on Crow Indian land in violation 

of the provisions of this Ordinance or any regulations promulgated in pursuance 

therein; 

(B) knowingly make a false statement in an application for employment with a 

gaming operation or in an application for a license to operate a gaming activity; or 

(C) blibe or attempt to bribe or unduly influence or attempt to unduly influence 

any person who licenses, operates, conducts, assists, or is otherwise employed in a 

gaming activity or operation located on Crow Indian land. 

(2) Any Indian who violates a provision of this Ordinance or other Crow ttibal law 

relating to gaming activities may be fined up to one-thousand dollars ($1,000) per count 

and/or implisoned for up to one (1) year per count. A separate count occurs each day a 

violation aiises or continues. 

(3) Any non-Indian who violates a provision of this Ordinance or other Crow tribal law 

relating to gaming activities may be excluded from Crow Indian land. 

( 4) Any property used in the commission of a climinal violation of this Ordinance or 

other Crow ttibal law relating to gaming may be seized by the Gaming Commission or 

their duly-authorized officers, in accordance with applicable Crow tribal law governing 

seizures of property. 

(b) Civil penalties. 

(1) Any person or entity who violates any provision of this Ordinance or who violates 

any te1m or condition of any tribal gaming license issued pursuant to this Ordinance or 

any provision of a management contract may be assessed a civil penalty by the Gaming 

Commission, which shall not exceed one-thousand dollars ($1,000) per violation. Each 

individual violation shall be treated separately and shall be assessed as a separate 

violation. 

(2) All such civil penalties must be imposed in accordance with the procedures set forth 

in Section 10 of this Ordinance and, where applicable, the Crow Rules of Civil 

Procedure. 

(3) Civil penalties provided for in this section may be imposed in addition to the criminal 

penalties provided for subsection (a). 

27 I C r o w T r i b a I G a m i n g 0 r d i n a n c e o f 2 0 1 5 
Section 19. APSAALOOKE GAMING CORPORATION ARTICLES OF 

INCORPORATION. [Reserved for future enactment by Crow tribal joint action resolution] 

Section 20. EFFECTIVE DATE, CODIFICATION, SEVERABILITY. 

(a) Effective date. 

This Ordinance shall take effect upon being duly adopted by the Crow tribal government and 

approved by the Chairperson of the National Indian Gaming Commission and any other 

requirements under federal law. 

(b) Codification. 

This Ordinance shall be codified in Title 23 of the Crow Law and Order Code. 

( c) Severability. 

If the Judicial Branch of the Crow Tribe declares any provision of this Ordinance inconsistent 

with the Crow T1ibal Constitution, the remaining provisions shall continue in full force and 

effect so long as the portion stricken does not materially affect the just application of this 

Ordinance. 

28 I C r o w T r i b a I G a m i n g 0 r d i n a n c e o f 2 0 1 5