APR 1 9 2002 

Cheryl A. Kennedy, Chairwoman 

Confederated Tribes of the Grand Ronde Community 

96 15 Grand Ronde Road 

Grand Ronde, OR 97347 

RE: Amended Gaming Ordinance of the Confederated Tribes of the 

Grand Ronde Community 

Dear Chairwoman Kennedy: 

This letter responds to your request to the National Indian Gaming Commission (NIGC) 

for the review and approval of the Amended Gaming Ordinance (Ordinance) of the 

Confederated Tribes of the Grand Ronde Community (Tribe). The Tribe enacted the 

Ordinance by Resolution No. 036-02 on February 20,2002. The Ordinance was received 

by the NIGC on February 25,2002. Under the Indian Gaming Regulatory Act (IGRA) 

and the regulations promulgated by the NIGC, the Chairman has 90 days to review an 

ordinance and either approve or disapprove it. 25 C.F.R. 5 522.4. This letter constitutes 

approval under the Indian Gaming Regulatory Act (IGRA). 

Thank you for submitting the Grand Ronde Community Ordinance. The NIGC staff and 

I continue to look forward to working with you and the Tribe in implementing the IGRA. 

Sincerely yours, 

Montie R. Deer 

Chairman 

NATIONAL HEADQUARTERS 1441 L Street NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NICCGOV 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK 
The Confederated Tribes of the Grand Ronde Community of Oregon 

Tribal Council 

Phone (503) 879-2301 or (800) 422-0232 96 15 Grand Ronde Rd. 

Fax (503) 879-5964 Grand Ronde, OR 97347 

Resolution No. 036-02 

WHEREAS, the Grand Ronde Tribal Council, pursuant to Article 111, Section I of the Tribal 

Constitution, approved November 30, 1984, by the Acting Deputy Assistant Secretary of the 

Interior for Indian Affairs, is empowered to exercise all legislative and executive authority not 

specifically vested in the General Council of the Confederated Tribes of the Grand Ronde 

Community of Oregon; and 

WHEREAS, the Tribal Attorney's Office in consultation with Tribal Council and the Gaming 

Commission drafted amendments to the Gaming Ordinance, which include, but are not limited 

to, expanding the grounds for an appeal to the Tribal Court, providing definitions for High and 

Low Security Licensees, providing that three of the five Commissioners be Tribal members, 

changing the educational andlor experience requirements of the Commissioners, removing 

provisions governing use of management contracts, clarifying that Commission meetings on 

individual license and employee matters are not open to the public, providing for licensing of 

vendors, increasing the minimum age to be present on the gaming floor, modifying the process 

for license suspensions and appeals of licensing decisions; and 

WHEREAS, the first reading of the amendments to the Gaming Ordinance was presented at the 

October 10, 2001, Tribal Council Meeting; and 

WHEREAS, notice of amendments to the Gaming Ordinance was published for comment in the 

November I, 200 I, and November 15,2001, editions of Smoke Signals and no comments were 

received; and 

WHEREAS, after reviewing the amendments to the Gaming Ordinance and finding that the 

amendments would be in the best interest of the Tribe, the Tribal Council adopted the 

amendments by Tribal Council Resolution No. 183-01; and 

WHEREAS, the Indian Gaming Regulatory Act requires approval of tribal gaming ordinances 

by the Chairman of the National Indian Gaming Commission; and 

WHEREAS, the Chairman of the National Indian Gaming Commission responded to the 

amendments, required four technical revisions and therefore disapproved the Amended Gaming 

Ordinance by letter dated February 6, 2002; and 

WHEREAS, the Tribal Attorney's Office has drafted revisions to the amendments of the 

Gaming Ordinance resolving the issues presented by the National Indian Gaming Commission; 

and 

Umpqzta Molullcr Rogue River Kalupuy~r Chasru 
Resolution No. 036-02 

Page 2 

WHEREAS, the Tribal Council determines that the revisions are required by federal law and 

therefore may forego further notice and comment pursuant to Section (d)(5) of the Tribal 

Government Organization and Procedures Ordinance. 

NOW THEREFORE BE IT RESOLVED, that the Tribal Council adopts the amendments to 

the Gaming Ordinance, as revised in response to the issues presented by the National Indian 

Gaming Commission. 

BE IT FURTHER RESOLVED, that the effective date of the amendments shall be January 1, 

2002. 

BE IT FURTHER RESOLVED, that the amendment expanding the grounds for an appeal to 

the Tribal Court of a Commission decision shall apply only to actions filed with the Tribal Court 

on or after the effective date of the amendments. 

BE IT FURTHER RESOLVED, that the Tribal Council requests that the Chairman of the 

National Indian Gaming Commission promptly review and approve the amendments to the 

Gaming Ordinance, as revised. 

CERTIFICATION: The Tribal Council for the Confederated Tribes the Grand Ronde 

Community of Oregon adopted this resolution at a regularly scheduled meeting, with a quorum 

present as required by the Grand Ronde Constitution held on February 20,2002, by a vote of 7 

yes, 0 no, and 0 abstentions. 

Che@.Ken?gBy Trib ouncil Chainvom J n Tribal Council Secretary 
THE CONFEDERATED TRIBES OF THE GRAND RONDE COMMUNITY OF OREGON 

GAMING ORDINANCE 

(a) Authority and Purpose: The Council has authority to adopt this Gaming Ordinance under 

the Tribal Constitution Article 111, Section 1 - Powers. The Constitution does not require 

approval of the Ordinance or any amendment thereof by the Secretary of the Interior. The 

Ordinance or amendment is effective upon approval of the National Indian Gaming Commission 

(NIGC) under the Indian Gaming Regulatory Act (IGRA), in accordance with section (z) of this 

Ordinance. The purpose of this Ordinance is to set forth the terms for Class I1 and Class I11 

gaming operations on tribal lands. 

(b) Gaming Authorized: Class I1 and 111 gaming as defined in the IGRA, P.L. 100-447, 

25 U.S.C., Sections 2703(7) and (8) and by the regulations declared by the NIGC at 25 C.F.R. $5 

502.3 and 502.4 is hereby authorized. 

(c) Definitions: The following definitions shall apply: 

(1) "Bylaws": an operating document of the Grand Ronde Gaming Commission. 

(2) "Chairman": the Chairman of the NIGC. 

(3) "Class I Gaming": social games played solely for prizes of minimal value, or 

traditional forms of Indian gaming when played by individuals in connection with tribal 

ceremonies or celebrations. 

(4) "Class I1 Gaming": 

(A) The game of chance commonly known as "bingo7' or lotto (whether or not 

electronic, computer or other technologic aids are used) when players: 

1. Play for prizes with cards bearing numbers or other designations; 

2. Cover numbers or designations when objects, similarly numbered 

or designated, are drawn or electronically determined; and 

3. Win the game by being the first person to cover a designated 

pattern on such cards; 

(B) If played in the same location as bingo or lotto, pull-tabs, punch boards, 

tip jars, instant bingo, and other games similar to bingo; 

(C) Nonbanking card games that: 

Page 1 - GAMING ORDINANCE 
1. State law explicitly authorizes, or does not explicitly prohibit, and 

are played legally anywhere in the State; and 

2. Players play in conformity with state laws and regulations 

concerning hours, periods of operation, and limitations on wagers and pot 

sizes. 

(5) "Class I11 Gaming": all forms of gaming not classified Class I or 11, including but 

not limited to: 

(A) Any house banking game, including but not limited to: 

1. Card games such as baccarat, chemin de fer, or blackjack (21), and 

pai gow (if played as house banking games); 

2. Casino games such as roulette, craps, and keno; 

(B) Any slot machines as defined in 15 U.S.C. 11 71(a) (1) and electronic or 

electromechanical facsimiles of any game of chance; 

(C) Any sports betting and parimutuel wagering including but not limited to 

wagering on horse racing, dog racing or jai alai; or 

(D) Lotteries. 

(6) "Commission": the Grand Ronde Gaming Commission. 

(7) "Corporation": the tribally chartered corporation responsible for developing, 

financing and operating Class I1 and Class I11 gaming activities of the Tribe on Grand 

Ronde Indian Land, currently Spirit Mountain Gaming, Inc. (SMGI). 

(8) "Gambling Device": 

(A) Any so-called 'slot machine' or any other machine or mechanical device an 

essential part of which is a drum or reel with insignia thereon; and 

1. Which when operated may deliver, as the result of the application 

of an element of chance, any money or property; or 

2. By the operation of which a person may become entitled to 

receive, as the result of the application of an element of chance, any 

money or property; or 

Page 2 - GAMING ORDINANCE 
(B) Any other machine, mechanical device (including, but not limited to, 

roulette wheels and similar devices), electromechanical or electronic device 

designed and manufactured primarily for use in connection with gambling; and 

1. Which when operated may deliver, as the result of the application 

of an element of chance, any money or property; or 

2. By the operation of which a person may become entitled to 

receive, as the result of the application of an element of chance, any 

money or property; or 

3. Any subassembly or essential part intended to be used in 

connection with any such machine, mechanical device or 

electromechanical or electronic device, but which is not attached to any 

such machine, mechanical device or electromechanical or electronic 

device as a constituent part. 

(9) "Gaming Facility": the buildings and grounds on Grand Ronde Indian Land 

where gaming, other than Class I gaming is operated or conducted, and any property that 

is used by the Tribe in connection with gaming, including any property used to store 

gaming equipment, supplies or records. 

(10) "Gaming Operation": each economic entity authorized by this ordinance and 

licensed by the Grand Ronde Gaming Commission, that operates the games, generates the 

revenues, issues the prizes, and pays the expenses. A gaming operation may be operated 

by a tribe directly or through a tribally chartered corporation, or a management contract. 

(1 1) "Grand Ronde Indian Land" or "Indian land": 

(A) Land within the limits of the Grand Ronde Indian Reservation; or 

(B) Land over which the Tribe exercises governmental power and that is 

either: 

1. Held in trust by the United States for the benefit of the Tribe or any 

Indian individual; or 

2. Held by an Indian Tribe or individual subject to restriction by the 

United States against alienation. 

(12) "High Security Gaming Licensee": any person who does not possess levels of 

authority indicative of a Primary Management Official and are employed in a Class I1 or 

Page 3 - GAMING ORDINANCE 
Class I11 gaming area or security or surveillance, or has access to gaming cash or cash 

equivalents. 

(13) "Licensee": any person or entity that holds a valid and current license pursuant to 

the provisions of this Gaming Ordinance. 

(14) "Low Security Gaming Licensee": any person who does not possess levels of 

authority indicative of a Primary Management Official or High Security Gaming 

Licensee. 

(1 5) "NIGC": the National Indian Gaming Commission. 

(16) "Net Revenue": gross gaming revenues of the operation less amounts paid out as, 

or paid for, prizes and total gaming-related operating expenses, excluding management 

fees, if any. 

(1 7) "Primary Management Official": 

(A) Any person having overall management responsibility over a 

class I1 or class I11 gaming area; 

(B) Any person with authority to hire and fire personnel within a gaming 

operation or to establish and implement working policy for the gaming operation; 

or 

(C) The Chief Financial Officer or other person who has financial 

management responsibility. 

(18) "State": the State of Oregon. 

(19) "TribaVState Compact" or "Compact": the agreement negotiated and executed by 

the Tribe and an official or agency of the State and approved by the Secretary of the 

Interior pursuant to 25 U.S.C. 2710(d)(8), governing the conduct of Class I11 gaming on 

Indian lands. 

(20) "Tribe": the Confederated Tribes of the Grand Ronde Community of Oregon. 

(21) "Tribal Council" or "Council": the Tribal Council of the Confederated Tribes of 

the Grand Ronde Community of Oregon. 

(22) "Tribal Court" or "Court": the Tribal Court of the Confederated Tribes of the 

Grand Ronde Community of Oregon. 

Page 4 - GAMING ORDINANCE 
(23) "Vendor": any manufacturer, consultant or supplier of goods or services related 

to class I1 or class I11 gaming. 

(d) Ownership: The Tribe shall have sole proprietary interest in and responsibility for 

conducting any Class I1 and Class I11 gaming operations authorized by this Ordinance. 

(e) Unauthorized Gaming: The Tribe shall initiate an action against any person or entity 

conducting or taking part in unauthorized Class I1 or Class 111 gaming on Grand Ronde Indian 

Land in the Tribal Court, or if the Tribal Court lacks jurisdiction, in any court of competent 

jurisdiction. 

(f) Use of Revenue: Net revenue from Class I1 and Class I11 gaming shall be used only for 

the following: funding tribal government operations and programs; providing for the general 

welfare of the Tribe and its members; promoting economic development; donations to charitable 

organizations, or helping to fund operations of local governmental agencies. At least ten percent 

(10%) of net revenues after debt service shall be allocated to Tribal endowments for increased 

health care benefits, education, and housing. The Finance Officer shall make this calculation at 

the end of the first quarter after the end of each full year of operation. 

(g) Grand Ronde Gaming - Commission: 

(1) The Grand Ronde Gaming Commission is hereby established to regulate Class I1 

and Class 111 gaming on Grand Ronde Indian Land. The Commission shall consist of five 

members recommended by the Commission and appointed by a majority vote of the 

Council. There shall be three Tribal members on the Commission and two persons who 

are not Tribal members. All Commission members must be at least 21 years of age. 

Commission membership shall include one each of the following persons: 

(A) A person with at least ten years of law enforcement experience, or a 

person with a bachelor's degree in criminal justice or related field and at least five 

years of law enforcement experience; 

(B) A person with management or regulatory experience within the private 

sector or a governmental agency, preferably tribal government; and 

(C) A person with at least ten years of accounting experience, or a person with 

a bachelor's degree in accounting or related field and at least five years of 

accounting experience. 

(2) Commissioners shall serve for terms of three (3) years and may be removed from 

office prior to the end of their term only for cause and by unanimous vote of the 

remainder of the Commission or a vote of six Council members at an open, regular 

meeting. 

Page 5 - GAMING ORDINANCE 
(3) In order to establish staggered terms, the Council shall appoint the first 

Comn~issioners as follows: two shall serve a 1-year term, two shall serve a 2-year term, 

one shall serve a 3-year term, (initial terms only). After the initial term, all subsequent 

terms of appointment shall run for three years. Vacancies shall be filled within 60 days 

by the Commission, with the approval of Council, provided, however, that a 

Commissioner whose term has expired shall hold their seat until it is filled. A vacancy 

shall be deemed to occur when a Commissioner is removed, resigns or upon expiration of 

his or her term without regard to whether the Commissioner seeks reappointment. When 

a vacancy occurs, notice of such vacancy shall be published and posted, for at least 

fifteen (15) days. The notice shall identify the qualifications, if any, specific to the 

vacancy and request interested parties to file a statement with the Commission reflecting 

their qualifications and interest in serving as a Commission member. Upon termination 

of the notice period, the Commission shall develop selection procedures which are 

designed to promote appointment of the most qualified person. 

(4) Commissioners may hold other non-elective and non-managerial tribal positions 

and may engage in business and gamble in any gaming operation, provided, however, 

that they may not be employed in or own any interest in or gamble in a gaming operation 

authorized by this Ordinance. 

(5) Commissioners shall be compensated at a rate established annually by the 

Commission, and approved by the Council. Commissioners shall be reimbursed for 

actual expenses incurred on Commission business, including necessary travel expenses, 

in a manner consistent with the applicable policies and procedures of the Tribe. 

(6) The Commission shall adopt bylaws for the conduct of business, which shall 

include the following provisions: 

(A) The Commission shall select annually from its membership a Chair, ViceChair and Executive Secretary. The Chair shall have the power to convene 

special meetings with not less than 48 hours written or verbal notice to members 

of the Commission. 

(B) General sessions of the Commission shall be open to the public. 

(C) Executive sessions of the Commission shall not be open to the public. The 

Commission may only take official action while in executive session on 

Commission personnel and licensing matters. 

(D) A quorum shall consist of three members. All decisions shall be made by 

a majority vote provided, however, that no Commission action shall be taken by a 

Page 6 - GAMING ORDINANCE 
vote of less than a majority of the full Commission unless indicated otherwise in 

this Ordinance or the Bylaws. 

(7) The Commission shall make quarterly reports to the Council within 30 days of 

the end of each quarter. The reports shall include a summary of all licensing and 

enforcement actions. 

(8) The Commission shall exercise all powers necessary to regulate Class I1 and Class 

I11 gaming on Grand Ronde Indian Land. The Commission shall meet not less than once 

every two (2) months to hear recommendations and set policy, to hear reports from the 

Director, to make licensing, suitability and approval determinations, to conduct 

disciplinary hearings, to hear player dispute appeals, and to transact other business. The 

Commission shall publicize rules and regulations for the operation of any gaming facility 

and hear and resolve all disputes regarding any provision of the Ordinance and rules and 

regulations promulgated by the Commission. In all decisions, the Commission shall act 

to promote and ensure integrity, security, honesty, and fairness of operation and 

administration of all gaming activities. The Commission shall have the authority to 

approve, deny, limit, condition, suspend, revoke, or restrict any license, or assess a fine 

against any person or entity licensed, or required to be licensed, for any cause deemed 

reasonable. 

(9) The duties of the Commission include, but are not limited to, the following: 

(A) Processing all license applications, making determinations regarding the 

suitability of persons for licensing, issuing licenses to qualified persons, and 

notifying the NIGC of the issuance of such licenses as required by the IGRA; 

(B) Denial, limitation, revocation, rescission or suspension of any license 

when deemed necessary under the provisions of this or any related law of the 

Tribe, or any applicable Federal or State law; 

(C) Causing to be conducted background investigations on all Primary 

Management Officials, High Security Gaming Licensees, Low Security Gaming 

Licensees, Vendors, Commission employees and members of the Commission; 

(D) Designing, printing and making available all necessary license application 

forms and appropriate licenses; 

(E) Collecting license fees imposed pursuant to this Ordinance or rule or 

regulation promulgated by the Commission; 

Page 7 - GAMING ORDINANCE 
(F) Inspecting and examining all premises, equipment and supplies where 

gaming is conducted or gaming devices or equipment are stored, sold or 

distributed; 

(G) Inspecting and reviewing gaming contracts to ensure compliance with this 

Ordinance; and inspecting and reviewing records, books, and financial documents 

relating to the conduct of gaming to determine compliance by the licensee with 

this Ordinance and any other applicable law; 

(H) Promulgating and amending such substantive and procedural regulations 

as the Commission deems necessary to carry out this Ordinance, but only upon 

thirty (30) days notice of the proposed rule-making, which notice shall be posted 

at the gaming facility, the Tribal offices, and the Community Center, and 

provided to the Council, the Board of Directors of the Corporation, and of any 

licensed gaming operation; 

1. The notice shall specify the purpose of the proposed regulation, the 

language of the proposed regulation, and the factors the Commission has 

considered in its determination to enact the proposed regulation, and an 

address at which the Commission shall receive comments. 

2. During the notice period the Commission shall receive comments 

regarding the proposed regulation at the Commission offices, or at a 

designated mailing address. 

3. The Commission shall consider comments received by it at an 

open public meeting. The Commission shall make a final determination 

regarding the need for the proposed regulation, the language of the 

proposed regulation, and the effective date of the proposed regulation on 

the basis of the information available to the Commission. 

4. A final determination to enact a proposed regulation may be 

appealed to Tribal Court as provided in section (x) of this Ordinance. 

(I) Consulting with the Tribal Attorney on legal questions, appeals and rulemaking; 

(J) Imposing civil penalties or other sanctions including seizure of property, 

after a hearing as provided by this Ordinance; 

(K) Excluding individuals from the gaming facility due to his or her criminal 

acts, criminal history or association with career offenders or career offender 

Page 8 - GAMING ORDINANCE 
organizations (as defined by the Commission) which may pose a threat to the 

security and integrity of the gaming operation; 

(1 0) A Commissioner's seat shall be immediately vacant upon conviction of any 

felony, conviction of any misdemeanor related to illegal gambling or bribery, or upon 

having three (3) consecutive unexcused absences from Commission meetings. Cause for 

removal of a Commissioner shall include but not be limited to: excessive use of 

intoxicants which impairs performance of duties, use of a tribal position for personal 

gain, failure to perform Commission duties adequately or according to this Ordinance, 

violation of any law of the Confederated Tribes of Grand Ronde and bringing discredit or 

disgrace to the Commission or the Tribe. 

(1 1) The Commission may organize itself into divisions as it deems necessary. The 

Commission shall establish its own budget for operations, including a budget for the 

Director, and acquire such furnishings, equipment, supplies, books, and other things as it 

may deem necessary or desirable in carrying out its functions, and incur such other 

expenses, within the limit of funds available to it, as it may deem necessary. Within the 

limits of its approved budget, the Commission shall employ and fix the salaries of, or 

contract for, the services of such personnel and consultants as the execution of its duties 

requires. The annual Commission budget shall be published with the Tribe's Annual 

Budget. 

(12) At the end of the budget year any unexpended funds may be applied to the 

following year's budget at the Council's discretion. 

(1 3) The Commission and the Director shall maintain files and records as they deem 

desirable and all such records are open to Council inspection as Council deems 

appropriate, unless otherwise restricted by Tribal, state or federal law. Files and records 

shall not be removed from the Commission offices. 

(h) Commission Director: 

(1) The Commission shall hire a Director, with the approval of the Council, who shall 

be responsible for the day-to-day monitoring of gaming activities, including the 

implementation and enforcement of the rules and regulations promulgated by the 

Commission. No one convicted of a felony of any kind or a misdemeanor related to 

illegal gambling or bribery may serve as Director. The Director shall not have any 

financial interest in any gambling by any gaming facility patron. 

(2) The Director shall be terminated automatically and immediately upon the 

Director's conviction in a federal or state court of competent jurisdiction for any felony or 

for any misdemeanor related to illegal gambling or bribery. If the Director is convicted 

Page 9 - GAMING ORDINANCE 
of violating any part of this Ordinance, or of a crime the Commission finds relates to the 

Director's honesty or ability to fulfill his duties, he shall be immediately terminated. 

(3) The Director shall, subject to the approval of the Commission, perform all duties, 

exercise all powers, assume and discharge all responsibilities, and carry out and effect all 

purposes of this Ordinance related to the establishment of all gaming activity. In all 

decisions, the Director shall act to promote and ensure integrity, security, honesty, and 

fairness of the operation and administration of all gaming activity. The duties of the 

Director include, but are not limited to, the following: 

(A) Confirm that management is carrying out its responsibility as provided for 

in this Ordinance; 

(B) Communicate with the NIGC as necessary and appropriate and ensure 

compliance with the rules and regulations of that agency; 

(C) Ensure there is an adequate system for background investigations of 

applicants and licensees and that oversight of licensees is conducted on an 

ongoing basis. The Director will ensure that all applications and background 

investigations are completed so that no person shall be eligible for licensure or 

employment in or with any part of the gaming operation if that person's prior 

activities, criminal record, if any, or reputation, habits and associations 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 conduct of gaming. The Director shall ensure that the NIGC is 

given results of such background checks, if required by NIGC; 

(D) Review all records, documents, and anything else necessary and pertinent 

to enforcement of any provisions of this Ordinance; 

(E) Recommend to the Commission whether sanctions should be imposed on 

any person subject to the jurisdiction of this Ordinance. 

(i) Audit: 

(I) If the Tribe does not cause an annual independent audit of the Gaming Operation 

to be conducted, as required by IGRA, the Commission shall cause one to be conducted 

and shall submit the results of the audit to the NIGC. 

(2) All gaming related contracts that result in the purchase of supplies, services, 

concessions, or other subject matter that the Commission determines is related to gaming 

in excess of $25,000 annually, except contracts for legal and accounting services, shall be 

specifically included in the audit. 

Page 10 - GAMING ORDINANCE 
Cj) Construction, Maintenance and Operation of Facility: The gaming facility shall be 

constructed, maintained and operated in a manner which protects the environment, public health 

and safety. This shall include compliance with the Uniform Building Code, until the Tribe 

adopts its own building code. 

(k) License Applications for Primary Management Officials. High Security Gaming 

Licensees and Low Security Gaming Licensees: 

(1) The Commission shall develop license application forms for Primary 

Management Officials, High Security Gaming Licensees and Low Security Gaming 

Licensees which shall include, at a minimum, requests for all information listed in this 

section and in section (1) of this Ordinance. 

(2) A Privacy Act notice in accordance with 25 C.F.R. fj 556.2 shall be placed on the 

application form to be signed by persons applying for positions classified as Primary 

Management Official, High Security Gaming Licensee and Low Security Gaming 

Licensee. 

(3) A notice regarding false statements in accordance with 25 C.F.R. fj 556.3 shall be 

placed on the application form to be signed by persons applying for positions classified as 

Primary Management Official, High Security Gaming Licensee and Low Security 

Gaming Licensee. 

(1) Background Investigations: - Each applicant for Commission membership, Commission 

employment, Primary Management Official, High Security Gaming Licensee and Low Security 

Gaming Licensee shall provide all of the following information: 

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

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

(2) All the following information currently and for the previous ten (10) years: 

business and employment positions held, ownership interests in those businesses, 

business and residence addresses, and drivers license numbers; 

(3) Names and current addresses of three (3) personal references, including 

references acquainted with applicant during each period of residence listed under 

paragraph (2) above; 

(4) Current business and residence telephone numbers; 

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

tribes, including ownership interests in those businesses; 

Page 1 1 - GAMING ORDINANCE 
(6) A description of any existing and previous business relationships with the gaming 

industry in general, including ownership interests in those businesses; 

(7) The name and address of any licensing or regulatory agency where the applicant 

has filed an application for a license or permit related to gaming, whether or not a license 

or permit was granted; 

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

person has filed an application for an occupational license or permit, whether or not such 

license or permit was granted; 

(9) For each felony where there is a conviction or an ongoing prosecution: charge, 

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

(1 0) For each misdemeanor or infraction conviction or ongoing prosecution (except 

minor traffic violations) within the past ten (10) years: the name and address of the court 

involved, date and disposition if any; 

(1 1) For each criminal charge (except minor traffic charges), whether or not convicted, 

if within the past ten (10) years and not otherwise listed: the charge, name and address of 

the court, date and disposition if any; 

(12) Current photograph, or photo identification; 

(1 3) Any other information the Commission may deem relevant; 

(1 4) Relative to Commission membership, Commission employment, Primary 

Management Officials and High Security Gaming Licensees, fingerprints consistent with 

procedures adopted by the Commission according to 25 C.F.R. tj 522.2(h). 

(m) Eligibility Determination: The Commission or its delegate shall review prior activities, 

criminal records (if any), reputation, habits and associations, and any other information deemed 

relevant of applicants to determine eligibility for appointment to the Commission, Commission 

employment, or licensure for Primary Management Official, High Security Gaming Licensee or 

Low Security Gaming Licensee positions. If the Commission or its delegate determines that 

appointment, employment or licensure of the individual would pose a threat to the Tribal interest 

or the effective regulation of gaming, or would create or enhance the danger of unsuitable, 

unfair, or illegal practices or activities, the Tribe, the Commission, or the Gaming Operation, 

whichever is appropriate, shall not appoint, employ, or license the individual. 

Page 12 - GAMING ORDINANCE 
(n) Procedures for Forwarding Applications and Reports for Primary Management Officials 

and High Security Gaming Licensees to NIGC: 

(1) Employees hired for Primary Management Official or High Security Gaming 

Licensee positions may be temporarily licensed, but-shall remain on probation until the 

background investigation is completed regardless of the time involved. 

(2) When the decision to hire a Primary Management Official or High Security 

Gaming Licensee is made, the Commission shall begin the background investigation, and 

forward to NIGC copies of the person's application, if required by NIGC. 

(3) Upon completion of the background investigation and a determination of 

eligibility, the Commission shall forward a report to NIGC within 60 days after a licensee 

begins work, if required by NIGC. The report shall include all of the following: 

(A) Steps taken in conducting a background investigation; 

(B) Results obtained; 

(C) Conclusion reached; 

(D) The basis for those conclusions; and 

(E) A copy of the eligibility determination made under section (m). 

(4) If, within 30 days after NIGC receives a report, NIGC does not object to the 

issuance of a license, the Commission's licensing determination shall be deemed 

conclusive. 

(5) The Commission shall respond to requests for information from the Chairman 

concerning Primary Management Officials or High Security Gaming Licensees who are 

the subject of a report. Such a request shall toll the 30-day period under section (4) of 

this section until the Chairman receives the information requested. 

(6) If, within the 30-day period under section (4) of this section, NIGC provides the 

Tribe or Commission with a statement of objection, the Commission shall reconsider the 

application. The Commission shall make a final decision after considering the objections 

of the NIGC. 

(7) If a license is not issued to an applicant, the Commission: 

(A) Shall notify the NIGC; and 

Page 13 - GAMING ORDINANCE 
(B) May forward copies of its eligibility determination and report (if any) to 

the NIGC for inclusion in the Indian Gaming Individuals Records System 

(IGIRS). 

(8) With respect to Primary Management Officials and High Security Gaming 

Licensees, the Commission shall retain applications and reports (if any) of background 

investigations for inspection by the Chairman or his or her designee for no less than three 

(3) years from the date of termination. 

(0) -: Each Commission Member, Commission employee, Primary Management 

Official, High Security Gaming Licensee and Low Security Gaming Licensee, upon selection or 

hire and prior to appointment or licensure, shall undergo urinalysis to test for drug use, the 

results of which may be used in appointment and licensing determinations. 

(p) Licensing of Vendors: 

(1) The Commission shall promulgate regulations for licensing of Vendors and 

determine that a background investigation is conducted in accordance with such 

regulations and the TribaVState Gaming Compact. 

(2) The Commission shall develop license application forms for Vendors. 

(3) All applicants for a Vendor license shall provide all financial and operating data 

requested by the Tribe or the State. 

(4) Vendor licenses may not be granted for a period exceeding seven years in 

duration. 

(q) Corporation Duties: The Corporation shall be responsible for ensuring sound 

development and management of all Class I1 and Class I11 gaming activities carried out under 

this Ordinance. The Corporation's duties shall include: 

(1) Ensuring that Class I1 and Class I11 gaming is conducted in a businesslike manner; 

(2) Ensuring that Class I1 and Class I11 gaming is conducted in accordance with the 

applicable contracts with the Corporation; and 

(3) Ensuring that currency and negotiable instruments are transported by a reputable, 

insured armored car service. 

Page 14 - GAMING ORDINANCE 
(r) Licensing of Gaming: 

(1) The Commission is hereby authorized to issue all licenses for the conduct of Class 

I1 and Class I11 gaming activities. 

(2) The Commission shall ensure that: 

(A) Such gaming activity is located on Indian lands within the Tribe's 

jurisdiction, and the State of Oregon permits such gaming for any purpose by any 

person, organization or entity (and such gaming is not otherwise specifically 

prohibited on Indian lands by Federal laws); 

(B) The Tribe will have the sole proprietary interest and responsibility for the 

conduct of such gaming activity; 

(C) Net revenues from such gaming activity are used in accordance with 

Section (0 of this Ordinance; 

(D) Such gaming activity is subject to annual outside audits, which may be 

encompassed within existing independent Tribal audit systems, and provided to 

the Council; 

(E) All contracts for supplies, services, or concessions for an aggregate 

amount in excess of $25,000 annually, except contracts for legal and accounting 

services, relating to such gaming are also subject to independent audits; 

(F) The construction and maintenance of the gaming facility, and the 

operation of that gaming is conducted in a manner which is in accordance with 

rules and regulations promulgated by the Commission and adequately protects the 

environment and public health and safety; and 

(G) All Primary Management Officials, High Security Gaming Licensees, and 

Low Security Gaming Licensees of the gaming operation have completed a 

background investigation which is approved by the Commission, and if required, 

by the NIGC. 

(3) The Commission shall consult with appropriate law enforcement officials 

concerning gaming licenses it issues. If, after the issuance of a gaming license, the 

Commission receives notification from the NIGC that a Primary Management Official or 

High Security Gaming Licensee does not meet the standard established under Section (m) 

of this Ordinance, the Commission shall suspend such license and, after notice and 

hearing, may revoke such license. If, after issuance of a gaming license, the Commission 

receives reliable information from the State Police or any source other than the NIGC that 

Page 15 - GAMING ORDINANCE 
a Primary Management Official, High Security Gaming Licensee or Low Security 

Gaming Licensee does not meet the standard established under Section (m) of this 

Ordinance, the Commission may suspend such license and, after notice and hearing, may 

revoke such license. 

(4) The Commission may set a fee for applications, background investigations, and 

licenses. Such fees shall be made payable to the Confederated Tribes of the Grand Ronde 

Community of Oregon. 

(5) An applicant for licensing shall make true and full disclosure of all information to 

the Director and the Commission. 

(s) License Locations: The Commission shall issue a separate license to each gaming 

operation or location on Grand Ronde Indian land where Class I1 or I11 gaming is conducted 

under the provisions of this Ordinance. 

(t) Prohibition Against Certain Individuals: It shall be a violation of this Ordinance for any 

gaming operation to knowingly fail to exclude or eject from the gaming facility any individual 

who: 

(1) Is under the influence of liquor or any narcotic or such other substance; 

(2) Is under the age of twenty-one (21) years of age and present on the gaming floor, 

unless such minor is a licensee allowed on the gaming floor to perform non-gaming 

employment duties; 

(3) Engages in disorderly conduct; 

(4) Is armed and not engaged in legitimate law enforcement activity; 

(5) Has been excluded by the Commission; or 

(6) Engages in any unlawful activity. 

(u) Unlawful Acts: 

(1) It is unlawful for any person: 

(A) To alter or misrepresent the outcome of a game or other event on which 

wagers have been made after the outcome is sure but before it is revealed to the 

players; 

Page 16 - GAMING ORDINANCE 
(B) To place, increase or decrease a bet or to determine the course of play 

after acquiring knowledge, not available to all players, of the outcome of the 

game or that is the subject of the bet or wager; 

(C) To aid anyone in acquiring knowledge as set forth in subparagraph (B), for 

the purposes of increasing or decreasing a bet or wager, or for the purpose of 

determining the course of play contingent upon that event or outcome; 

(D) To claim, collect or take, or attempt to claim, collect or take, money or 

anything of value in or from a gambling game with intent to defraud, without 

having made a wager contingent thereon, or to claim, collect or take an amount 

greater than the amount won; 

(E) Knowingly entice or induce another to go to any place where a game is 

being conducted or operated in violation of the provisions of this Ordinance, with 

the intent that the other person play or participate in the game; 

(F) To place or increase a bet or wager after acquiring knowledge of the 

outcome of the game or event which is the subject of the bet or wager, including 

past-posting and pressing bets; 

(G) To reduce the amount wagered or cancel the bet after acquiring knowledge 

of the outcome of the game or other event which is the subject of the bet or wager, 

including pinching bets; 

(H) To manipulate with intent to cheat, any component of a gambling device 

in a manner contrary to the designed and normal operational purpose for the 

component, with knowledge that the manipulation affects the outcome of the 

game or with knowledge of any event that affects the outcome of the game; 

(I) Except as specifically permitted by the Director, with approval of the 

Commission, to possess with the intent to use, or use at any table game, any 

calculator, computer, or other electronic, electrical, or mechanical device to assist 

in projecting an outcome at any table game, to keep track of or analyze the cards 

having been dealt, or to change probabilities of any table game or the playing 

strategies to be utilized; 

(J) To trespass upon any premises licensed by this Ordinance without the 

consent of the licensee andlor the Commission; or 

(K) To take anything of value from a gaming facility without authorization. 

Page 17 - GAMING ORDINANCE 
(2) Any person who engages in activities on property subject to this Ordinance 

without a license, in violation of a license or terms imposed thereon, in violation of any 

regulation, provision, or amendment of this Ordinance shall be in violation of the 

Ordinance. 

(3) No fine shall be assessed nor any action taken for any violation under this section 

unless a charge is filed in proper form with the Commission or Tribal Court, within one 

year of the commission of the offense. 

(4) Council Members, Commissioners, Corporate Board Members, the Director and 

their immediate families shall receive no personal compensation, gift, reimbursement or 

payment of any kind from any person doing or wishing to do business with the Tribe 

relating to gaming nor from any person wishing to obtain an unfair advantage in any 

authorized wager on gaming. Any property received in violation of this provision, 

including cash payments, shall be immediately forfeited to the Tribe and the offending 

persons shall be prosecuted to the full extent possible under Tribal law. The Commission 

shall cooperate to the fullest extent possible with any federal or state law enforcement 

agency to pursue prosecution under applicable federal or state law. 

License Suspension: 

(1) If, after the issuance of a gaming license, the Director receives notification from 

the NIGC that a Primary Management Official or High Security Gaming Licensee does 

not meet the standard established under Section (m) of this Ordinance, the Director shall 

suspend the license and notify the licensee, the Gaming Operation, and the Commission 

in writing of the suspension and proposed action. If, after the issuance of a gaming 

license, the Director receives reliable information that a Primary Management Official, 

High Security Gaming Licensee, Low Security Gaming Licensee, or Vendor is not 

eligible for licensure, or has violated this Ordinance or rules and regulations promulgated 

by the Commission, the Director may suspend the license and notify the licensee, the 

Gaming Operation, and the Commission in writing of the suspension and proposed 

action. 

(2) If the Director does not rescind the suspension, the Director shall petition the 

Commission for revocation of the license. The Commission shall provide notice to the 

licensee which shall include the date, time and place for a hearing on the revocation. The 

date for the hearing shall be the next regularly scheduled Commission meeting which is 

at least ten (10) days after the time for licensee to file a written response to the petition 

has expired, provided, however, that the Commission may extend the time at the request 

of the Director or licensee. 

(3) After the hearing, the Commission shall render a written decision which shall 

contain findings of fact and conclusions of law. The Commission shall notify NIGC of 

Page 18 - GAMING ORDINANCE 
the decision in the case of a Primary Management Official or High Security Gaming 

Licensee. 

(4) A licensee may appeal the decision of the Commission in accordance with section 

(w)(3) of this Ordinance. 

(w) Appeals of Licensing Decisions: 

(1) Should an applicant or licensee disagree with a licensing decision of the 

Commission, she or he may request a hearing before the Commission not later than seven 

(7) days after receipt of notification from the Director of the Commission's decision. The 

Commission shall hold a hearing to review its decision at the next regularly scheduled 

Commission meeting, or at the discretion of the Chair, a special meeting may be called to 

hear the appeal. 

(2) Following such hearing, the Commission shall affirm, modify or reverse its initial 

licensing decision. 

(3) Any party aggrieved by a final decision of the Commission has the right to appeal 

the decision of the Commission to the Tribal Court, but only on grounds that the decision 

was arbitrary and capricious or a violation of Tribal Constitutional rights. Such appeal 

must be filed with the Court in writing on or before the fourteenth (14'~) day following 

receipt of the Commission's written decision. The Tribal Court shall review, on the 

record, the decision of the Commission. The party appealing the Commission's decision 

shall have the burden of persuasion. The Tribal Court shall give due deference to the rule 

of nonprejudicial error and matters within the expertise or judgment of the Commission. 

The Tribal Court shall recognize the obligations of the Tribe and the Commission under 

federal gaming law and the TribeIState Compact. The Tribal Court shall recognize the 

Commission's authorization to seek and obtain information on the condition that such 

information remain confidential and not be disclosed to applicants or any other parties, or 

information that is otherwise protected from disclosure to the applicant or any other 

parties and the Commission's authority to rely on such information in making licensing 

decisions. The only remedy which the Tribal Court may order in matters appealed under 

this Ordinance is referring the matter back to the Commission for reconsideration in light 

of the Tribal Court's ruling in such matter. No appeal beyond the Tribal Court may be 

had. 

(x) Appeals of Rule-Making Decisions: Should a licensee disagree with a rule-making 

decision of the Commission, the licensee may file an appeal with the Tribal Court within ten (10) 

days of the decision, but only if the licensee commented on such rule or regulation in accordance 

with section (g)(9)(H) of this Ordinance and only on the grounds that the Commission exceeded 

its authority granted under this Ordinance in promulgating such rule or regulation. 

Page 19 - GAMING ORDINANCE 
(y) Player Disputes: 

(1) Should the Gaming Operation be unable to resolve a player dispute involving 

winnings equal to or greater than $500, the Gaming Operation shall immediately contact 

the Director, who shall perform an investigation and render a written decision within 

thirty (30) days of the contact. 

(2) Should the Gaming Operation be unable to resolve a player dispute involving 

winnings less than $500, the Gaming Operation shall inform the player that a complaint 

may be filed with the Director within five (5) days of the dispute, and provide the player 

with the the Director's address, telephone number and regular office hours. Upon receipt 

of a complaint, the Director shall perform an investigation and render a written decision 

within thirty (30) days of the receipt of the complaint. 

(3) Should the player or the Gaming Operation disagree with the Director's decision, 

either may file a petition for review with the Commission within fourteen (14) days of the 

receipt of the Director's decision. The Commission shall provide notice to the parties 

which shall include the date, time and place for a hearing on the petition. The date for the 

hearing shall be the next regularly scheduled Commission meeting which is at least ten 

(10) days after the time for a written response to the petition has expired, provided, 

however, that the Commission may extend the time at the request of the one of the 

parties. 

(4) After the hearing, the Commission shall render a written decision which shall 

contain findings of fact and conclusions of law. 

(5) A party may appeal the decision of the Commission in accordance with section 

(w)(3) of this Ordinance. 

(2) Effective Date: Upon approval of the Ordinance or any amendment thereof by NIGC, the 

Ordinance or amendment will be effective on the date specified in the Council resolution 

adopting the Ordinance or amendment. If no effective date is specified in such resolution, the 

Ordinance or amendment will be effective in accordance with Tribal law. 

I certify that this is a true copy of the Confederated Tribes of the Grand Ronde Community of 

Oregon Gaming Ordinance. 

Page 20 - GAMING ORDINANCE