The Honorable Maurice A. John, Sr., President 

Seneca Nation of Indians 

P.O. Box 231 

Salamanca, NY 14779 

Fax: (716) 945-1565 

Re: Approval, Seneca Nation of Indians' Class 111 Gaming Ordinance 

Dear President John: 

This letter responds to your request that the National Indian Gaming Commission 

(NIGC) Chairman review and approve the amended Seneca Nation of Indians Class I11 

Gaming Ordinance of 2002 (the Ordinance), enacted by the Seneca Nation Council by 

Resolution No. R-06-09-07-20 on June 9, 2007. Aside from the new definition of 

"Nation Lands," the Ordinance is identical to the prior approved Nation gaming 

ordinance and, as amended, is consistent with the requii-ements of the Jndian Gaming 

Regulatory Act (IGRA) and the NIGC's implementing regulations. Accordingly, the 

Ordinance is hereby approved. 

The Ordinance's definition of "Nation Lands" now contains a site-specific legal 

description of two parcels consisting of approximately nine acres in Buffalo, New York. 

The definition also states that the land specified is held by the Seneca Nation of Indians 

in restricted fee pursuant to the Seneca Nation Land Clainls Settlement Act (SNSA). As 

the Nation acquired the Buffalo Parcels in 2005, this proposed definition requires me to 

determine the applicability of IGRA's "settlenlent of a land claim" exception to the 

general prohibition against gaming on lands acquired into trust after October 17, 1988. 

25 U.S.C. 5 2719(a). I conclude that the settlement of a land claim exception applies and 

the lands are eligible for Indian gaming. 

Indian Lands 

The IGRA and NIGC regulations permit gaming only on Indian lands. See 25 

U.S.C. 2701(5); 25 U.S.C. fi 2702(3), and; 25 C.F.R. $ 501.2. "Indian Lands" is 

defined as: 

(a) Land within the limits of an Indian reservation; or 

(b) Land over which an Indian tribe exercises governmental power and 

that is either -- 

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(I) Held in trust by the United States for the benefit of any Indian tribe or 

individual; or 

(2) Held by an Indian tribe or individual subject to restriction by the 

United States against alienation. 

25 C.F.R. 8 502.12 

The parcels described in the Ordinance are not within the limits of the Nation's 

reservation land nor have they been taken into trust by the Secretary of Interior on 

behalf of the Nation. As such, in order to qualify as Indian lands, the Nation must 

exercise governmental power over the parcels and hold them subject to restriction 

by the United States against alienation. I find that the Buffalo parcels meet both 

criteria. 

Restricted Fee 

The SNSA, passed in 1990, settled disputes over certain leases between the 

Seneca Nation and the village of Salamanca, NY, 25 U.S.C. §1774(b), and appropriated 

$60,000,000 to the Nation, 25 U.S.C. Ej1774d. The SNSA allows the Nation to use 

settlement funds to acquire "land within the aboriginal area in New York or situated 

within or near proximity to former reservation lands." 2.5 U.S.C. 1774f(c). The SNSA 

then provides that land so acquired will be held in restricted fee: 

Unless the Secretary determines within 30 days after the comment period 

that such lands should not be subject to the provisions of section 21 16 of 

the Revised Statutes (25 U.S.C: /77), such lands shall be subject to the 

provisions of that Act [section] and shall be held in restricted fee status by 

the Seneca Nation. 

The Department of the Interior has certified that, according to the provisions of 

the SNSA, the land described in the Ordinance passed into restricted fee by operation of 

law on December 2,2005.' Because the Department of the Interior is the agency charged 

with administering the SNSA, see, Passanlaquoddy Tribe v. Maine, 75 F.3d 784, 

794 (D.Me. 1996), the NIGC defers to its determination that the land acquisition met the 

requirements of the SNSA to be taken into restricted fee. In addition to the Department 

of the Interior's certification, the U.S. District Court for the Western District of New 

York held; "The land in the City of Buffalo at issue in this case was purchased by the SNI 

in 2005 and is held in 'restricted fee'--i.e., it is subject to r~striction by the United States 

against alienation." Citizens Against Casino Gambling v. Kempthorne, 471 F.Supp. 2d 

295, 304. As restricted fee land, the parcels are held by the Nation subject to restriction 

by the U.S. against alienation and, therefore, conform to the first requirement of IGRA's 

"Indian Lands" definition. 

I In addition to the verification that the land is held by the Nation in restricted fee, the Department of the 

Interior submitted to the NIGC documentation that the Nation paid the full value of the land specified in the 

ordinance with SNSA funds. 
Governmental Power and Jurisdiction 

As to the second requirement, in order to exercise governmental power, a tribe 

must have jurisdiction to do so. See, e.g., Rhode Islaizd v. Narragansett Indian Tribe, 19 

F.3d 685, 701-703 (1''. Cir 1994), cert. denied, 513 U.S. 919 (1994), superseded by 

statute on other grounds; Nurragansett Indiun Tribe v. National Indian Guming 

Commission, 158 F.3d 1335 (D.C. Cir. 1998) (in addition to having jurisdiction, a tribe 

must exercise governmental power in order to trigger [IGRA]). Indian tribes are 

"invested with the right of self-government and jurisdiction over the persons and property 

within the limits of the temtory they occupy.") Merrioi: v. Jicarilla Apache Tribe, 455 

U.S. 130, 140 (1982). Tribes are presumed to have juriscliction within "Indian Country." 

South Dakota v. Yanktoiz Sioux Tribe, 522 U.S. 329, 343 (1998); Rosebud Sioux Tribe v. 

Kneip, 430 U.S. 584, 613 (1977). Indian country includes lands that have been "validly 

set apart for the use of the Indians as such, under the superintendence of the 

Government." Oklahoma Tux Comm'n v. Citizen Band Potawatomi Indian Tribe, 498 

U.S. 505, 51 1 (1991). Indian Country includes land held by an Indian tribe in fee subject 

to a restriction on alienation in favor of the United States. Yankton Sioux Tribe v. Gafley, 

188 F.3d 1010, 1022 (1999). 

Here, the Nation has jurisdiction over the Buffalo parcels because the Nation 

holds the land subject to the Federal Government's rest~ictions against alienation, thus 

making it Indian country. As such, it will be eligible for Indian gaming if the Nation 

exercises government authority over the land. 

In the course of my review, I also considered the Secretary's November 12, 2002, 

letter to Nation President Cyrus Schindler in which the S~xretary concluded that land in 

Buffalo, New York, taken into restricted fee under the SI"TSA qualifies as "Indian Land" 

for purposes of the IGRA. Letter from Gale Norton, DOI, to Cyrus Schindler, Seneca 

Nation of Indians at 6 (Nov. 12, 2002). In her letter, th: Secretary confirmed that the 

Buffalo parcels will come within 1GRA7s definition of "Indian Lands" if the Nation 

successfully places the parcels in restricted fee and exerciszs governmental authority over 

them. Id. 

IGRA does not specify how a tribe exercises goven~mental authority, though there 

are many possible ways in many possible circumstances. For this reason, the 

Commission has not formulated a uniform definition of "exercise of governmental 

power," but rather decides that question in each case based upon all the circumstances. 

National Indian Gaming Commission: Definitions Under the Indian Gaming Regulatory 

Act, 57 Fed. Reg. 12382, 12388 (1992). 

The courts provide useful guidance. The First Circuit found that exercising 

governmental power involves "the presence of concrete manifestations of.. .authority." 

Narrugansett Indiaiz Tribe, 19 F.3d at 703. Examples ii~clude the establishment of a 

housing authority, administration of health care programs, job training, public safety, 

conservation, and other governmental programs. Ibid. 
Since acquiring the land in 2005, the Nation's Marshal's Office patrols and 

polices the parcel. The Nation has fenced the site to restrict access and posted signs 

indicating that site is subject to the Nation's jurisdiction. The Nation has also enacted 

several ordinances and resolutions applying Nation law to the parcels. In addition to 

current exercises of governmental power, by operating and regulating gaming, which is a 

governmental function under IGRA, the Nation will exercise governmental authority over 

the lands. Because the land described in the Ordinance 11;is been taken into restricted fee 

and the Nation exercises govenunental authority over it, :he land meets IGRA's "Indian 

Lands" definition. 

Section 20 Prohibition 

The determination of whether the Buffalo parcels are Indian lands, 

however, is not the end of the inquiry. Section 20 of IGIIA, 25 U.S.C. fj 2719, 

generally prohibits gaming on lands acquired in trust after October 17, 1988, and 

the Buffalo parcels are not eligible for gaming unless one of the numerous 

exceptions apply. 25 U.S.C. 2179(b)(l). The question here is whether the 

parcels were taken into restricted fee as part of a settlement of a land claim. 

As a preliminary matter, the settlement of a land claim exception states that the 

prohibition against gaming on after acquired lands will not apply when lands are taken 

into trust as part of a settlement of a land claim. 25 U.S.C. $2719(b)(l)(B)(i). 

Although section 2719 of IGRA refers only to trust land, the NIGC 

interprets this section to include land held by an Indian tribe in restricted fee. 

Where statutory language is ambiguous, a court will defer to the NIGC's 

reasonable interpretation of the language. U.S. v Senlinole Nution of Oklahorncr, 

321 F.3d 939, 944 (loth Cir. 2002). Section 2719 reveals such an ambiguity when 

viewed in the context of Congressional intent. The section can only sensibly be 

read to include trust land and restricted fee lands. IGRA permits tribes to game 

on restricted fee land over which the tribe exerts governmental power. 25 U.S.C. . §2703(4)(b). If section 2719 only applied to trust lands, Tribes could avoid the 

prohibition against gaming on lands acquired after October 17, 1988, by taking 

land into restricted fee rather than having the United States take it into trust. It is 

unlikely that Congress intended to create such an exception.2 

Because the Buffalo parcels were acquired in restricted fee after October of 1988, 

the question here is whether they satisfy IGRA's settlement of a land claim exception. 

Here, again, I defer to the Secretary's existing interpretation. In the November 12, 2002, 

letter to President Schindler, the Secretary opined that the land taken into restricted fee in 

2 In support of this conclusion, I point you to the Secretary's previous determination that Congress did not 

intend to limit the restriction against gaming on after acquired land, or its exceptions, to only trust 

acquisitions. Lands held in restricted fee pursuant to an act of Congress are also subject to the requirements 

of Section 2719 of IGRA. Letter from Gale Norton, DOI, to Cyrus Schindler, Seneca Nation of Indians at 

7 (November 12,2002). 
Buffalo, NY pursuant to the SNSA would meet the settlement of a land claim exception. 

Letter from Gale Norton, DOI, to Cyrus Schindler, Seneca Nation of Indians at 7 (Nov. 

12, 2002). According to the Secretary, one of the purposes of the SNSA was to "settle 

some of the Nation's land claim issues." Id. As such, the Secretary concluded that land 

acquired pursuant to the SNSA will be exempt from the prohibition on gaming contained 

in IGRA because it will be acquired as part of the settlement of a land claim, and thus 

within the exemption in 25 U.S.C. $271 9(b)(l)(B)(i). Id. 

The Secretary's interpretation is reasonable. The Nation purchased the land with 

SNSA funds. The Act is entitled the "Seneca Nation (New York) Land ('1uim.c 

Settlement," evincing Congress's intent to enact the settlement of a land claim. 

Additionally, IGRA does not define "settlement of a land claim." The U.S. District 

Court, in FVyandotle Nation v. NIGC, 437 F. Supp. 2d 1193 (2006). held that the plain 

meaning of "land claim" does not limit such a claim to one for the return of land, but 

rather, includes an assertion of an existing right to the land. Id. at 1208. The existing 

right that gave rise to the SNSA was the Nation's property right to control and define the 

terms of the leases and the use of the land. Based on the above, I agree that the parcels 

described in the Ordinance were taken into restricted fee pursuant to the settlement of a 

land claim and are thus eligible for gaming. 

Conclusion 

Based on our review of the submitted ordinance, and taking into consideration the 

Department of the Interior's earlier decisions regarding the status of the Buffalo parcels. 

the parcels are Indian lands within the meaning of lGRA a,qd they were acquired through 

the settlement of a land claim and thus are exempt from the general prohibition on 

gaming on land acquired after October 17, 1988. Accordingly, the amended Nation 

Gaming Ordinance is hereby approved. 

I realize that a decision and order was issued in the case, ('itizens Againsf Casino 

Gambling in Erie County v. Kempthorne, et al. 471 F. Supp. 2d 295 (D. NY 2007) 

remanding the Chairman's November 2002 approval of tht: Nation's gaming ordinance. 

Although we disagree with the Court's holding. this site :specific ordinance moots the 

issues in that case. 

Thank you for submitting the amended Nation Gaming Ordinance for our review 

and approval. The -- NIGC . staff and I look forward to ivorkinjr, with you and the Nation on 

future gam~ssues. ,' )f you have any questions, please do not hesitate to contact me. 

AMENDING THE DEFINITION OF "NATION" LANDS'IN THE SENECA NATION OF TNDIANS 

CLASS I11 GAMING ORDINANCE / APPROVAL 

REGULAR SESSION OF COUNCII, 

JUNE 09,2007 

PAGE 2 

WHEREAS, to avoid any hrther questions or controversy over this matter, the Nation believes it is 

advisable to amend its Gaming Ordinance to specifically identify the Buffalo Parcel; and 

NOW THEREFORE BE IT 

RESOLVED, that subsection (u) of Section 4.1 of the Gaming Ordinance be and hereby is repealed and 

in lieu thereof, the following is hereby promulgated: 

(u) "Nation Lands" shall have the meaning found in 25 1'J.S.C. 5 2703(4), and shall also include 

the Buffalo Parcel, which is the real property in Erie County held by the Seneca Nation of 

Indians and subject to restrictions by the United State!; against alienation pursuant to Seneca 

Nation Land Claims Settlement Act, which is described as follows: 

The northern parcel (+I- 4.5 acres) is bounded to the North by Perry Street, to the 

East by Marvin Street, to the South by the formex Fulton Street, and to the West 

by Michigan Street. 

The southern parcel (+/- 4.5 acres) is bounded to the North by the former Fulton 

Street, to the East by Marvin Street, to the South by South Park Street, and to the 

West by Michigan Street. 

AND BE IT FURTHER 

RESOLVED, That the Council authorizes President Maurice A. John, Sr. to submit the foregoing 

amendments to the Chairman of the NIGC for his review and anticipated approval. 

AND BE IT FURTHER 

RESOLVED, That the foregoing amendments to the Gaming Ordinance shall become effective 

immediately upon approval of the Chairman of the NIGC 

ALL IN FAVOR MOTION CARRTED 

I hereby certify the foregoing extract is a true and correct copy fiom the minutes of the Regular 

Session of Council of the Seneca Nation of Indians held on Junle 09. 2007, on the Allegany Territory, 

original of which is on file in the Clerk's Office of the Seneca Nation of Indians. 

IN TESTIMONY WHEREOF, I have hereunto subscriberd my name and caused the seal to be 

affixed at the G.R. Plumrner Building, on the Allegany Territory, on the 13" day of June 2007. 
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SENECA NATION OF INDIANS CLASS 111 GAMING ORDINANCE 

GENERAL PROVISIONS 

SECTION 1 - SHORT TITLE 

This Law may be cited as the "Seneca Nation of Indians Class 111 Gaming Ordinance". 

SECTION 2 - DECLARATION OF TRIBAL POLICY 

$2- It is the policy of the Seneca Nation of Indians, hereinafter referred to as "Nation": 

(a) That the Nation shall have the sole proprietary interest in and responsibility for 

the conduct of any Nation Gaming Operation; 

(b) That all gaming operations on Nation Lands shall be conducted by the Nation, 

through employees of the Nation or its Management Contractors only; 

(c) That it is the objective of this Law to provide revenue to promote (i) Nation 

economic development and self-sufficiency and (ii) the health, education, and welfare of 

Nation members; and 

(d) That the gaming activities provided for by this Law on lands of the Nation shall 

be conducted in conformance with the requirements of this Law, the Nation-State 

Gaming Compact Between the Seneca Nation of Indians and the State of New York, the 

lndian Gaming Regulatory Act of 1988, 25 U.S.C. $$ 2701, et seq., and National lndian 

Gaming Commission regulations. 

SECTION 3 - FINDINGS 

$3-1 The Tribal Council finds that -- 

(a) Class I11 gaming may be conducted on lands of the Nation by reason of the fact 

that the Nation and the State of New York have entered into a gaming compact pursuant 

to the Indian Gaming Regulatory Act, 25 U.S.C. $fj 2701, et seq. 

SECTION 4 - DEFINITIONS 

4- For the purpose of this Law. the following definitions shall apply: 

(a) "Act" shall mean the lndian Gaming Regulatory Act. 25 U.S.C. $4 2701, et seq. 

(b) "Appendix" shall mean an appendix to the Compact. "Appendices" shall mean 

more than one Appendix. 
(c) "Applicant" shall mean any person who completes an application with the Nation 

for a gaming license. 

(d) "Chairman" shall mean the Chairman of the National Indian Gaming Commission 

or his or her designee. 

(e) "Cheating" shall mean operating or playing in a game in a mimner in violation of 

the written or commonly understood rules of the game, with the intent to create for 

himselfiherself or someone in privity with himiher an advantage over and above the 

chance of the game. 

(f) "Class 111 Gaming" shall have the meaning found in 25 U.S.C. Ij 2703(8). 

(g) "Class 111 Gaming Key Employee" shall mean those employees designated in the 

gaming operations pursuant to 25 C.F.R. 502.1 4, and as defined in Section l(f) of the 

Compact. 

(h) "Class I11 Gaming Primary Management Official" shall mean those employees 

designated in the gaming operations pursuant to 25 C.F.R. 5 502.19. 

(i) "Class I11 Gaming Service Enterprise" means an entity or individual, other than a 

Class 111 Gaming Employee, that provides Class 111 Gaming services. Class I11 Gaming 

supplies or Class 111 Gaming equipment to a Nation Gaming Operation. 

Cj) "Collateral Agreement" shall mean any contract, whether or not in writing, that is 

related, either directly or indirectly, to a Management Contract, or to itny rights, duties, or 

obligations created between the Nation (or any of its members, entities, or organizations) 

and a Management Contractor or subcontractor (or any person or en ti:^ related to a 

Management Contractor or subcontractor). 

(k) "Council" shall mean the Tribal Council as described in Section I of the 

Constitution of the Seneca Nation of Indians. 

(I) "Gaming Facility" means those portions of a structure in which the Nation 

conducts Class I11 Gaming pursuant to this Compact. For purposes of this definition, a 

Gaming Facility shall be deemed to include only those areas of a structure that the Nation 

uses for Class I11 Gaming operations. Notwithstanding the foregoing, no areas of a 

structure exclusively used for Class I or Class II gaming or for non-gaming activities 

shall be considered part of a Gaming Facility. 

(m) "Gaming License" shall mean the permit granted by the Nation to an applicant for 

employment with a gaming operation. 

(n) "Gross Gaming Revenues" shall mean the total amount of money wagered less 

amounts paid out to winners or for prizes. 
(0) "In privity with" shall mean one who acts jointly with another or as an accessory 

before the fact to an act committed by the other or as a co-conspirator with the other. 

(p) "Management Contract" shall mean any contract, subcontract, or Collateral 

Agreement between the Nation and a contractor or between a contractor and a 

subcontractor if such contract or agreement provides for the management of all or part of 

a gaming operation. 

(q) "Management Contractor" shall mean the person or entity holding a contract 

entered into pursuant to 25 1J.S.C. $ 271 1. 

(r) "Minor" shall mean a person less than eighteen (1 8) years of age. 

(s) "Nation" means the Seneca Nation of Indians. 

(1) "Nation Gaming Operation" shall mean the enterprise, business or entity operated 

or authorized by the Nation to operate or conduct any form of Class 111 gaming on Nation 

Lands pursuant to the Compact; provided, however, that the Compac: shall apply to 

operations of such enterprise, business or activity only to the extent that such operations 

are directly related to Class 111 Gaming undertaken by the Nation pursuant to the 

Compact. 

(u) ;'Nat~on Lands" shall have the meaning found in 25 U.S.C G 2703(4). and shall* 

also include the Buffalo Parcel. wh~ch 1s the real nropertv in Erie County held bv the 

Scneca Nation of Indians and subject to restrictions bv the Lj~itcd States acainst 

allenation oursuant to Seneca Nation [,and Claim< Settlement .4ct, wli~ch is described as 

follow\: 

'I-he northern parcel (-1- 4.5 acres) is bounded to the North by PCIV Street, 

to the East bv Marvin Street, to the South by the former Fulton Street. and 

to the West by Michisan Street. 

The southern parcel (4-1- 4.5 acres) is bounded to the North bv the former Fulton 

Street. to the East bv Marvin Street. to the South bv South Park Street. and to the 

West bv Michigan Street. --- 

(v) "Net revenues" shall have the meaning as set forth in 25 C.F.R. $ 502.16. 

(w) "NIGC" shall mean the National Indian Gaming Commission established 

pursuant to the Act. 

(x) "Person" shall mean any individual, firm, partnership, corporation. company, or 

association. 

Formatted: Indent: Left: 0.5" ) 1 . -. - . 

Deleted: ''Katlon Lands" sliall havc tlic : mean~ng found In 25 U b (' C; 2703(4) , 

[formatted: Indent: Left: 1" j 

(y) "Person having management responsibility for a Management Contract" shall 

mean the person designated in the Management Contract as having management 

responsibility for the gaining operation, or a portion thereof. 
(2) "Secretary" means the Secretary of the Interior. 

(aa) "Seneca Gaming Authority" or "SGA" shall mean the entity established by the 

Nation responsible for regulating Class Ill Gaming undertaken by the Nation pursuant to 

the Compact. 

(bb) "State Gaming Officials" or "SGO means the officials designated by the State to 

fulfill the State's responsibility to ensure Nation Gaming Operation and SGA compliance 

with the terms of the Compact. 

SECTION 5 - SENECA GAMING AUTHORITY 

$5-1 The Council of the Nation establishes the Seneca Gaming Authority (SGA) for the 

purpose of regulating Class 111 gaming conducted on Nation Lands. 

(a) The SGA is recognized as a governmental arm of the Nation and shall perform an 

essential governmental function which is hereby designated to the SGA by the Nation 

Council. Commissioners and employees of the SGA shall be recognized as performing 

said essential governmental functions on behalf of the Nation. 

(b) The SGA shall be comprised of five (5) commissioners to be selected by the 

Council. 

(c) A vote of at least three commissioners shall constitute a valid vote (quorum) by 

the SGA. 

(d) The commissioners shall have a staggered term of employment with three (3) of 

the commissioners having an initial term of four (4) years and two (2) of the 

commissioners having a term of two (2) years. Compensation for the commissioners 

shall be established by the Council. Removal of a commissioner shall be for cause which 

shall be defined by resolution of the Council. 

(e) The commissioners shall have the experience in the gaming industry and the 

education that will enable them to immediately regulate the Nation's gaming enterprises. 

(0 The hnds for the operation of the SGA shall be appropriated fi-om the general 

fund of the Nation. 

(g) The SGA shall be the exclusive regulatory body for the Nation Gaming 

Operations' activities and operations conducted in a Gaming Facility pursuant to the 

Compact. The SGA shall have unrestricted access to all aspects of the Nation Gaming 

Operations. 

$5-2 The SGA shall have responsibility for the on-site regulation of Class 111 Gaming 

undertaken by the Nation pursuant to the Compact. The purpose of the SGA is regulatory, not 
managerial. The SGA will conduct oversight to ensure compliance with the Nation laws, the 

Compact and its Appendices, the Act, NlGC regulations, and, if applicable, State laws and 

regulations. The SGA will serve as the licensing authority for individuals employed in the 

Nation Gaming Operation and will administer an effective program for background 

investigations as part of the licensing process, consistent with the Compact and its Appendices. 

The SGA will also have a role in monitoring compliance with the internal control standards for 

the Nation Gaming Operation and in tracking revenues. In order to carry out its regulatory 

duties, the SGA shall have unrestricted access to all areas of the Nation Garning Operation and to 

all records. The SGA shall have clear authority to take enforcement actions, including 

suspension or revocation of an individual gaming license, when appropriate 

55-3 The Nation recognizes the importance of an independent SGA in maintaining a wellregulated gaming operation. The SGA shall be and act independently and al~tonomously from 

the Nation Council in all matters within its purview. No prior or subsequent review by the 

Nation Council of any actions of the SGA shall be required or permitted except as otherwise 

explicitly provided in this Law. To avoid potential conflicts of interest between the operation 

and regulation of the Gaming Facility, the Nation hereby finds that, at a min,mum: 

(a) No member of the Nation Council may serve on the SGA; 

(b) No member directly related to or living with any Nation Council member may 

serve on the SGA; 

(c) SGA commissioners are prohibited from gambling in Nation Gaming Operations; 

and 

(d) SGA commissioners are prohibited from accepting complimentary items from the 

Nation Gaming Operations. 

55-4 SGA positions shall be filled by appointment by the Nation Council. Nominees for 

positions on the SGA must satisfy the suitability standards set forth for Class I11 Gaming 

Employees. Such background investigation shall be performed under the direction of the Nation 

Council or designated official, and as consistent with the Compact and its Appendices. 

$5-5 The SGA shall have the power and responsibility to: 

(a) administer the provisions of this Law; 

(b) conduct or cause background investigations to be conducted on all employees of 

the Nation Gaming Operation; 

(c) issue and renew gaming licenses as provided in this Law and consistent with the 

Compact and its Appendices, and in any regulation which may be pronwlgated by the 

SGA; 
(d) obtain and process fingerprints, or designate a law enforcement agency to obtain 

and process fingerprints; 

(e) revoke, suspend, or condition a gaming license or deny an application for a 

license for violation of applicable law or Law regulating gaming, or conviction of any 

offense involving a gaming related crime or moral turpitude; 

(f) collect fees and interest as provided for in this Law; 

(g) assess and collect penalties provided for in this Law; 

(h) adjust the respective amounts of the annual license fees, provided that such fees 

shall not be increased retroactively; 

(i) audit or cause to be audited expenditures, receipts, and reports of a licensee 

responsible for managing a Nation Gaming Operation; 

Q) review, on demand, such books and records and inspect the premises and 

operations of licensees as it deems necessary for the enforcement of 1.his Law; 

(k) draw up such forms as it deems necessary; 

(1) ensure compliance with the Compact and its Appendices, and all Nation, State, 

and Federal laws, rules and regulations regarding Indian gaming; 

(m) investigate any suspicion of wrongdoing associated with any gaming activities; 

(n) comply with any and all reporting requirements under Nation law, the Act, the 

Compact and its Appendices. NlGC regulations, and any other applicable law; 

(0) promulgate and issue rules and regulations regarding the conduct of Class 111 

gaming, including compliance with the Compact and its Appendices, Nation law, the Act. 

and NlGC regulations. 

(p) promulgate and issue regulations on the levying of any fees andlor taxes 

associated with gaming license applications; 

(q) promulgate and issue regulations on the levying of fines and/olp suspension or 

revocation of gaming licenses for violations of this Law, the Compact and its 

Appendices, or any other Tribal, State, or NlGC regulations; 

(r) to approve Nation Gaming Operation policies and procedures so as to ensure 

compliance with this Law, the Compact and its Appendices, the Act, NIGC regulations, 

or any other applicable law; 
(s) institute such legal proceedings in the name of the Nation in a court of competent 

jurisdiction as it deems necessary for the enforcement of this Law; 

(t) conduct hearings provided for in this Law; 

(u) deposit all fees, penalties, and interest collected under authority of this Law into 

an account to the credit of the Nation; 

(v) maintain a correct and full accounting of all fees, penalties, and interest received 

under authority of this Law, and provide a monthly record of that ac.counting; 

(w) perform such other duties the SGA deems necessary to propc:rly and fully perform 

its duties and responsibilities under this Law, the Compact and its Appendices, the Act, 

NlGC regulations, and any other applicable law; and 

(x) administer, enforce, and interpret the provisions of the Seneca Nation of Indians 

Class 11 Gaming Law of 1994 and any amendments thereto or replacements thereof. 

$5-6 The SGA shall ensure that all records and information obtained as a result of an 

employee background investigation shall remain confidential and shall not be disclosed to 

persons who are not directly involved in the licensing process. Under no circumstances shall 

information obtained during the course of an employee background investigation be disclosed to 

members of management, human resource personnel or others employed by the Nation Gaming 

Operation. This Section does not apply to requests for such information or records from any 

Tribal, Federal or state law enforcement or regulatory agency, or for the use of such information 

or records by the SGA and staff in the performance of their official duties. 

55-7 The following persons are not eligible to serve on the SGA: Nation C:ouncil members, 

while serving as such; employees of the Nation Gaming Operation, while serving as such; 

gaming contractors (including any principal of a management or other contracting company); 

persons directly related to any of the above; persons ineligible to be employees; persons 

convicted of a felony of embezzlement, of theft, or of any other money-related crime or honestyrelated crime (such as fraud). The Nation Council shall require a criminal history check with 

appropriate law enforcement agencies and shall review this criminal history report and make an 

appropriate suitability determination before appointing an individual to a position on the SGA. 

$5-8 The independence of the SGA is essential to a well-regulated gaming operation. For that 

reason, SGA commissioners may only be removed from office by the Nation Council prior to the 

expiration of their respective terms for neglect of duty, misconduct. malfeasance, or other acts 

that would render a member of the SGA unqualified for hislher position. Any allegations of 

neglect of duty, misconduct, malfeasance, or other acts that would render him or her unqualified 

for hislher position must be substantiated by a preponderance of the evidence. SGA 

commissioners will be given an opportunity to provide evidence rebutting the grounds for their 

proposed removal before the removal is considered. A vote of the Nation Council on the validity 

of the removal shall be final and not subject to further appeal. A wrongful re~noval shall entitle 
the affected SGA commissioner to compensation for expenses incurred in an appeal and any pay 

withheld. 

55-9 A vote of at least 3 members of the SGA shall constitute a valid vote (quorum) by the 

SGA. 

45-10 SGA commissioners shall be compensated at a level determined by ,!he Nation Council. 

This compensation shall be included in the Nation Gaming Operation's annual estimated budget, 

and shall be approved by the Nation Council. 

SECTION 6 - GAMES AUTHORIZED 

$6-1 The Nation shall have the sole proprietary interest in and responsibility for the conduct of 

any gaming operation. 

56-2 The Nation shall conduct only those Class I11 games specifically listed in Appendix A of 

the Compact, in accordance with the specifications set forth in Appendices A and B. 

SECTION 7 - GAMING LICENSES REQUIRED 

7 A separate gaming license is required for: 

(a) each person having a Management Contract; 

(b) each Class 111 Gaming Key Employee, Class 111 Gaming Primary Management 

Official, Class I11 Gaming Employee, and Non-Class 111 Gaming Employee of the 

Nation's Gaming Operation (collectively referred to as "employees") 

(c) each Class 111 Gaming Service Enterprise, each Non-Class 111 Gaming Enterprise, 

and each Nation Gaming Operation on Nation Lands at which Class I11 gaming is 

conducted. 

SECTION 8 - APPLICATION FOR GAMING LICENSES 

$8-1 Each person having a Management Contract, each Class 111 Gaming K.ey Employee and 

Class I11 Gaming Primary Management Official whether employed by the Management 

Contractor or directly by the Nation, and all other employees shall complete an application for an 

initial gaming license or renewal of an existing gaming license for each Gaming Facility on an 

application form prescribed by the SGA. The application shall set forth: 

(a) the name under which the applicant transacts or intends to transact business on 

Nation Lands; and 

(b) the location of the Gaming Facility for which the gaming license is sought; and 
(c) the application shall be signed by the applicant if a natural person, or, in the case 

of an association or partnership, by a member or partner thereof, or in the case of a 

corporation, by executive officer thereof, or by some other person specifically authorized 

by the corporation to sign the application, in which case written evidence of the 

signatory's authority shall be attached. The applicant shall provide evidence of authority 

of the signatory or any other representative to act for and bind the applicant. If any 

change is made in that authority, the SGA shall be immediately informed in writing and, 

until that information is filed with the SGA. any action of the representative shall be 

presumed to be that of the applicant. 

$8-2 Each application shall be accompanied by payment of the appropria1.e annual license fee, 

and an appropriate fee to cover the cost of the background investigation conducted pursuant to 

Section 1 l below. 

58-3 The Management Contractor shall file along with the application an organizational chart 

of its management organization and job descriptions of the employees of the Nation Gaming 

Operation. The chart shall identify which employees are or will be the Class I11 Gaming Primary 

Management Officials and the Class 111 Gaming Key Employees of the Nation Gaming 

Operation. 

$8-4 An application for a gaming license shall include: 

(a) a description of the place, facility, or location on Nation Lands where the 

applicant will operate a gaming operation or provide Class 111 Gaming related service, 

Class 111 Gaming related supplies or Class 111 Gaming related equiptnent to the Nation 

Gaming Operation, or where the applicant will be employed. 

(b) the following privacy notice prescribed by 25 C.F.R. 4 556.2: 

In compliance with the Privacy Act of 1974, the following infbrmation 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 employed in a gaming operation. The information 

will be used by NIGC members and staff who have need for the information in 

the performance of their official duties. The information may be disclosed to 

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

regulatory agencies when relevant to civil, criminal or regulatory investigations or 

prosecutions or when pursuant to a requirement by the Nation or the NIGC in 

connection with the hiring or firing of an employee, the issuance or revocation of 

a gaming license, or investigations of activities while associated with a Nation or 

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

will result in the Nation's being unable to hire you in a employee position. The 

disclosure of your Social Security Number (SSN) is voluntary. However. failure 

to supply a SSN may result in errors in processing your application. 
(c) the following notice regarding false statements are prescribt:d by 25 C.F.R. 5 

556.3: 

"A false statement on any part of your application may be grounds for not hiring 

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

imprisonment (US. Code, Title 18, Section IOOI)." 

(d) the following background investigation information from eal-,h employee and each 

Class 111 Gaming Key Employee and Class 111 Gaming Primary Management Official: 

(1) full name, other names used (oral or written), social ~.ecurity number(s), 

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

(2) currently and for the previous ten (1 0) years: business and employment 

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

addresses, and drivers license numbers; 

(3) the names and current addresses of at least five (5) personal references, 

including one personal reference who was acquainted with the applicant during 

each period of residence listed under paragraph (d)(?) of this Section; 

(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 businesse:~; 

(6) a description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those businesses; 

(7) 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; 

(8) 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; 

(9) for each misdemeanor conviction or on-going misdemt:anor prosecution 

(excluding minor traffic violations), within ten (10) years of the date of the 

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

disposition; 

(1 0) for each criminal charge (excluding minor traffic charg'zs) whether or not 

there is a conviction, if such criminal charge is within ten (1 0) years of the date of 

the application and is not otherwise listed pursuant to paragraph (d)(8) or (d)(9) of 
this Section, the criminal charge, the name and address of the court involved, and 

the date and disposition; 

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

applicant has filed an application for an occupational license or permit, whether or 

not such license or permit was granted; 

(1 2) a current photograph; 

(1 3) a complete history of the applicant's educational background, including 

the names of any colleges, universities. trade or vocational sc:hools, and high 

schools attended; 

(1 4) fingerprints of the applicant to be taken by the Seneca Nation department 

of law enforcement a state or federal law enforcement agency, for a criminal 

history check. A criminal history check will include a check of criminal history 

records information maintained by the Federal Bureau of Investigation pursuant to 

25 C.F.R. $ 522.2(h); 

(1 5) a statement authorizing law enforcement agencies ancl prior employers to 

release information and respond to questions relating to the a~plicant's records. 

(16) all applicants are required to submit to a drug screenir~g test and, if 

employed, random screening tests thereafter; 

(1 7) any other information that is required by the Compact or its Appendices; 

and 

(1 8) any other information the SGA deems relevant. 

$8-5 Each applicant for a gaming license who has or will have a contract with the Nation to 

manage a Nation Gaming Operation shall state whether or not he/she already has a Management 

Contract to operate any Indian or non-Indian gaming operation and, if so, a description of the 

location of each such operation. 

$8-6 A Management Contractor's application shall include information required by 25 U.S.C. 

$2710(d) and 25 C.F.R. $ 537.1. 

$8-7 Existing employee shall be notified in writing that they shall either: 

(a) complete a new application form that contains the Privacy Act notice described in 

Section 8-4(b) above; or 

(b) sign a statement that contains the Privacy Act notice described in Section 8-4 (b) 

above and consent to the routine uses described in that notice. 
$8-8 When a Class 111 Gaming Key Employee or Class 111 Gaming Primary Management 

Official begins work at a Nation Gaming Operation the SGA shall forward a copy of the person's 

completed application for a gaming license to the NIGC. 

SECTION 9 - QUALIFICATIONS FOR GAMING LICENSES 

$91 The SGA may issue or renew a gaming license to an applicant who !submits a proper and 

completed application and pays the appropriate annual license fee consistent with the Compact 

and its Appendices. 

$9-2 Subject to the requirement of payment of annual license fees and the requirements 

contained in the Compact and its Appendices, each gaming license shall be ,valid for two (2) 

years from the date of issuance, provided that, in the discretion of the SGA, a gaming license 

may be granted for a term to run concurrently with the term of a Management Contract. 

49-3 A gaming license may not be assigned or transferred and is valid only for use by the 

person in whose name it is issued and at the Nation Gaming Operation for which it is issued. A 

gaming license shall be conspicuously displayed at all times at the Nation G>aming Operation for 

which issued. 

$9-4 Final decisions as to whether a gaming license shall be issued, suspended, or revoked 

shall be made in accordance with Appendices C, D, and E. 

SECTION 10 - GAMING LICENSE FEES 

$1 0-1 The annual fee for each gaming license issued pursuant to this Law shall be set by 

regulations promulgated by the SGA. In setting the license fee the SGA shall take into 

consideration the following items: 

(I ) cost of the background investigation; 

(2) administrative cost to the SGA; and 

(3) the applicant's status as Management Contractor, Class 111 Gaming Primary 

Management Off~cial, Class 111 Gaming Key Employee or employee; 

9 10-2 The SGA may waive the annual fee on a case-by-case basis. 

SECTION 1 I - BACKGROUND INVESTIGATIONS 

$ I 1-1 As provided in Appendix C, the SGA shall conduct, or cause to be conducted, a 

background investigation of each applicant for a position which is designated as a Class I11 

Gaming Key Employee or Class 111 Gaming Primary Management Official su:Fficient to make a 

qualification determination under Section 9 above and paragraph 6 of Appendix C. This shall 

include verification of information submitted by the applicant. The backgrour~d investigation 

will also document all potential problem areas noted, and any disqualifying ini-ormation. In 
conducting the investigation, the SGA shall keep confidential the identity of each person 

interviewed in the course of the investigation. 

$ 1 1-2 The procedures set forth in Appendix C regarding background inveaigations are made 

applicable here by reference. 

$ 1 1-3 The SGA shall review a person's prior activities, criminal record, if amy, and reputation, 

habits and associations to make a finding concerning the eligibility of a Class 111 Gaming Key 

Employee or Class 111 Gaming Primary Management Official for employment in a Nation 

Gaming Operation. If the SGA determines that employment of the person poses a threat to the 

public interest or to the effective regulation of gaming, or creates or enhances dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, a 

Nation Gaming Operation shall not employ that person in a Class I11 Gaming Key Employee or 

Class I11 Gaming Primary Management Official position. 

$1 1-4 Investigative Reports. 

(a) The SGA shall prepare or cause to be prepared, and forward t(3 the NlGC an 

investigative report summarizing each background investigation of a Class I11 Gaming 

Key Employee or Class 111 Gaming Primary Management Official that the Nation intends 

to employ. 

(b) The SGA shall forward an investigative report to the NIGC w~thin sixty (60) days 

after a Class I11 Gaming Key Employee or Class I11 Gaming Primary Management 

Official begins work or within sixty (60) days of the approval of this Law by the NIGC. 

(c) Each investigative report shall include the following: 

(1) the steps taken in conducting the background investigation; 

(2) the results obtained; 

(3) the conclusions reached; and 

(4) the basis for those conclusions. 

(d) The SGA shall submit to the NIGC, along with the investigative report, a 

summary of the SGA's qualification determination made under Section 9 above and 

paragraph 6 of Appendix C. 

(e) if a gaming license is not issued to an applicant, the SGA: 

(1) shall notify the NIGC; and 
(2) may forward copies of its qualification determinatior~ and investigative 

report (if any) to the NIGC for inclusion in the Indian Gaming Individuals 

Records System. 

(f) With respect to Class 111 Gaming Key Employees and Class 111 Gaming Primary 

Management Officials, the SGA shall retain applications for gaming licenses and reports 

(if any) of background investigations for inspection by the Chairmarl or his or her 

designees for no less than three (3) years from the date of termination of employment. 

(g) A Nation Gaming Operation shall not employ as a Class Ill Gaming Key 

Employee or Class 111 Gaming Primary Management Official a person who does not have 

a gaming license ninety (90) days after a license application has been submitted. 

6 1 1-5 Granting a Gaming License 

(a) If, within a thirty (30) day period after the NIGC notifies the SGA that it has no 

objection to the issuance of a gaming license pursuant to a license application filed by a 

Class 111 Gaming Key Employee or a Class Ill Gaming Primary Management Official for 

whom the SGA has provided an application and investigative report to the NIGC, the 

SGA may issue a license to such applicant. 

(b) If, within the thirty (30) day period described in Subsection (a) above, the NIGC 

provides the SGA with a statement itemizing objections to the issuance of a gaming 

license to a Class 111 Gaming Key Employee or to a Class 111 Gaming Primary 

Management Official application, the SGA shall reconsider the application. taking into 

account the objections itemized by the NIGC. The SGA shall make the final decision 

whether to issue a gaming license to such applicant, consistent with the Compact and its 

Appendices. 

4 1 1-6 Gaming License Suspension 

If. after the issuance of a gaming license, the SGA receives from the NIGC reliable information 

indicating that a Class 111 Gaming Key Employee or a Class 111 Gaming Primary Management 

Official is not eligible for employment under Section 9 of this Law. the Naticn shall suspend 

such license and shall notify in writing the licensee of the suspension and the proposed 

revocation. 

SECTION 12 - USE OF NET REVENUES 

$12- I Net revenues from gaming permitted under this Law shall only be expended for one or 

more of the following purposes: 

(a) to fund the Nation's government operations or programs; 

(b) to provide for the general welfare of the Nation and its members; 
(c) to promote economic development; 

(d) to donate to charitable organizations; or 

(e) to support operations of local governmental agencies. 

$1 2-2 If the Council elects to make per capita payments to tribal members, it shall authorize 

such payments only upon approval of a plan submitted to the Secretary pursuant to 25 U.S.C. $ 

27 10(b)(3). 

SECTION 13 - RECORDS AND REPORTS 

$1 3-1 A Nation Gaming Operation shall keep permanent books of account or records, including 

inventory records of gaming supplies, sufficient to establish the amount of gross and net income, 

deductions and expenses, receipts and disbursements, and other information required in any 

financial statement, report, or other accounting prepared pursuant to the Conlpact and its 

Appendices, the Act and NlGC regulations. 

fi 13-2 No later than the thirtieth (30th) day of each month, each gaming opt:rator shall provide, 

in a report form prescribed by the SGA, a statement of gross revenues, assemble gross revenue 

and net revenues received or collected at each Nation Gaming Operation during the immediate 

preceding month. 

$1 3-3 The Nation Gaming Operation shall maintain, in a climate controlled place secure from 

theft, loss, or destruction, adequate records of its business and accounting operations. The 

Nation Gaming Operation shall make the records available to the SGA, the SGO, and NIGC 

officials upon request. The Nation Gaming Operation shall retain the record:; for not less than 

seven (7) years. The records shall include, but not be limited to, the records identified in 

Appendix B. 

$ 13-4 The Nation Gaming Operations shall also comply with the relevant provision of the 

Compact and its Appendices relating to reports and records. 

SECTION 14 - ANNUAL AUDIT 

$1 4-1 The SGA shall cause to be conducted, at least annually, an independent audit of the 

books and records of each Nation Gaming Operation. 

(a) Audit Standards. The Nation shall engage an independent certified public 

accountant, licensed in New York to provide an annual audit of the financial statements 

of each gaming operation on Nation Lands. Such financial statements shall be prepared 

in accordance with generally accepted accounting principles and the audit(s) shall be 

conducted in accordance with generally accepted auditing standards. .4udit(s) of the 

gaming operation required under this Section may be conducted in cor~junction with any 

other independent audit of the Nation, provided that the requirements !jet forth in NlGC 

regulations are met. 
(c) Copies of Audit Reports. The Nation shall submit to the SGA and the NlGC a 

copy of the audit report(s) and management letter(s) setting forth th'e results of each 

annual audit within one hundred twenty (1 20) days after the end of leach fiscal year of the 

gaming operation(s) resulting from the audit(s) conducted pursuant to Subsection (a) 

above. 

(c) Relationship of Audited Financial Statements to Fee Assessrnent Reports. The 

Nation shall reconcile its quarterly fee assessment reports, submitted under 25 C.F.R. Part 

5 14, with its audited financial statements and make available such rr:conciliation upon 

request by the NIGC's authorized representative. 

$ 14-2 All gaming related contracts that result in purchases of supplies, services, or concessions 

for more than Twenty Five Thousand ($25,000) Dollars in any year (except contracts for 

professional legal or accounting services) shall be specifically included within the scope of the 

audit conducted pursuant to this Section. 

SECTION 15 - GROSS GAMING REVENUES 

$1 5-1 The Gross Gaming Revenues derived from gaming operations are Nittion funds and are to 

be expended as authorized by the Nation. 

SECTlON 16 - VIOLATIONS 

5 16-1 No person shall operate or conduct any gaming activity in a gaming operation within the 

exterior boundaries of Nation Lands without a gaming license issued by the :SGA as required by 

this Law or the Compact and its Appendices 

$16-2 No person shall knowingly submit false or misleading information to the NlGC, the 

Nation or the SGA in response to any provision of the Act, NlGC regulation:;, or a Nation Law 

or resolution that the Chairman has approved under parts 522 or 533 in Title 25 C.F.R. 

6 16-3 (a) . No Management Contractor shall fail to account f'ully for all moneys received or 

collected in connection with gaming activities or to file any report required by the 

Management Contract. 

(b) A gaming operation shall allow an authorized representative of the NlGC or an 

authorized SGA official to enter or inspect a gaming operation pursuant to 25 C.F.R. $5 

571.5 or 571.6, or of Nation Law or resolution approved by the Chainnan under parts 522 

or 523 in Title 25 C.F.R. 

$ 16-4 No person under the age of eighteen (1 8) years shall be employed by ii gaming operation 

or shall otherwise be permitted to participate in any gaming activities. 
$ 16-5 No person shall engage in cheating (as that term is defined in $4-l(e) of this Law) in any 

gaming activity or engage in any fraudulent conduct affecting either the Nation or a customer of 

a gaming operation. 

$1 6-6 No person, including security department personnel, shall possess, or be permitted to 

possess any firearm within any Gaming Facility without the prior express written consent of both 

the Nation Law Enforcement Agency and the State, except for duly authorized personnel of each. 

The SGA shall post in a conspicuous location at every entrance to each Ganiing Facility, a sign 

stating: "No person shall possess any firearm within this Gaming Facility." 

$ 16-7 Any person who is in privity with a person who violates this Law shall be deemed to be 

in violation of this Law to the same extent as the violator, and shall be treated accordingly. 

$ 16-8 No person, whether playing in or conducting any gaming activity authorized under this 

Law. shall: 

(a) use bogus or counterfeit cards, or substitute or use any game cards that have been 

tampered with; 

(b) employ or have on one's person any cheating device to facilitate cheating in any 

gaming activity; or 

(c) knowingly cause, aid, abet, or conspire with another person or cause any person to 

violate any provision of this Law or any rule adopted under this Law. 

$ 16-9 The Nation shall construct, maintain and operate a Gaming Facility in a manner that 

adequately protects the environment and the public health and safety. 

SECTION 17 - NOTICE OF VIOLATION 

$1 7-1 The SGA may issue a notice of violation to any person for violation clf any provision of 

this Law. 

$17-2 A notice of violation shall contain: 

(a) a citation to the Law provision that has been or is being violatt:d; 

(b) a description of the circumstances surrounding the violation, set forth in common 

and concise language; 

(c) measures required to correct the violation; 

(d) a statement that the violation must be corrected within five (5) calendar days from 

the date the notice was issued; 

(e) a statement of the alleged violator's rights of appeal; and 
(f) the amount of civil fines that the alleged violator must pay pursuant to Section 19. 

below. 

SECTION 18 - VIOLATION PENALTIES 

$1 8-1 In issuing a notice of violation under Section 17 of this Law, the SGA may: 

(a) impose a civil fine not to exceed Five Hundred ($500) Dollars for each violation 

and, if such violation is a continuing one, for each day, that the violation occurs; and/or 

(b) impose a penalty of One Hundred ($1 00) Dollars per day for failure to submit to 

the Commission any report required under this Law when it is due, a.nd One Thousand 

($1,000) Dollars per day for failure to file any such report after three-day notice and 

demand. 

4 1 8-2 How assessments are made. 

The SGA shall review each notice of violation to determine whether a civil line will be assessed, 

the amount of the fine, and in the case of a continuing violation, whether suc.h daily violation 

will be deemed a separate violation for purposes of the total civil fine assess4:d. 

$1 8-3 Procedure for assessment of a civil fine: 

(a) within five (5) calendar days after service of a notice of violation, the alleged 

violator shall submit written information about the violation and any corrective measures 

undertaken to the SGA. The SGA shall consider any information so submitted in 

determining the facts surrounding the violation and the amount of the civil fine; 

(b) the SGA shall serve a copy of the proposed assessment on the alleged violator 

within ten (1 0) calendar days after the notice of violation was issued, when practicable; 

and 

(c) the SGA may review and reassess any civil fine if necessary to consider facts that 

were not reasonably available on the date of issuance of the proposed assessment. 

$ 1 8-4 Final assessment: 

(a) if the alleged violator fails to request a hearing as provided in Section 20 of this 

Law, the proposed civil fine assessment shall become a final order of the SGA. 

(b) - civil fines assessed under this Section shall be paid by the person assessed and 

shall not be treated as an operating expense of the gaming operation; and 

(c) the SGA shall transfer civil fines paid under this Law to a SGA account. 
SECTION I9 - ENFORCEMENT 

$1 9-1 The SGA shall take any one or a combination of the following actic~ns with respect to any 

person who violates any provision of this Law: 

(a) suspend or revoke any gaming license issued by the SGA; or 

(b) bring an action in a court of competent jurisdiction for imposition of one or more 

of the following sanctions: 

(I) seizure of any gaming apparatus, proceeds, or other property of a licensee 

connected with the gaming activities engaged in by the licens1:e; 

(2) collection of any unpaid fees, interest, penalties, and of any civil fines 

unpaid after thirty (30) calendar days; or 

(3) execution on any nonexempt property of a violator located within the 

exterior boundaries of Nation Lands. 

$ 19-2 Civil actions may be brought by the SGA pursuant to this Law in any Court of competent 

jurisdiction to enforce the imposition of any and all sanctions provided for under this Law. 

Ij 19-3 Before taking any action authorized in Ij 17 and 9 18 of this Law, the 13GA shall use its 

best efforts to notify the alleged violator, in person or by letter delivered to hislher last known 

address, of the charges against himlher, and allow the alleged violator an opportunity for a 

prompt hearing. If the alleged violator fails to respond, or cannot be found, i:he SGA may 

proceed with a hearing notwithstanding, and take such action as it deems appropriate. Said 

notice of the alleged violation shall be served at least three (3) business days prior to the hearing. 

$1 9-4 Every person who applies for a gaming license and accepts such licerlse thereby 

acknowledges the civil enforcement jurisdiction and authority of the SGA under this Law to 

order an execution on hislher nonexempt property, the suspension or termination of hislher 

further conduct of gaming activities and the seizure of hislher gaming equipment or proceeds or 

other property, upon a proper finding of the SGA or the court that the person has violated a 

provision of this Law, despite lack of actual notice, provided that the SGA has used its best 

efforts to notify the person, in person or by letter delivered to hislher last known address. 

SECTION 20 - HEARINGS AND APPEALS 

$20-1 This Section provides procedures for appeals to the SGA regarding: 

(a) violation; and 

(b) civil fines assessed by the Commission in this Law; and 

(c) the denial or revocation of gaming licenses; 
(d) the Commission shall promulgate regulations regarding procedures. 

$20-2 The SGA shall hold a hearing on the denial or proposed revocation #of a gaming license 

held by an employee after it has suspended such license pursuant to this Law, the Compact and 

its Appendices, and 25 C.F.R. 5 558.5. The Licensee shall be notified by the SGA of the time 

and place for hearing. After the hearing, the SGA shall decide to issue, revoke, or reinstate the 

gaming license. The SGA shall notify the NIGC of its decision and provide all other notices 

required by the Compact and its Appendices. 

$20-3 Any person aggrieved by a decision made or action taken by the SG.4 pursuant to this 

section may petition the SGA for review. Such petition shall specifically set forth the reasons for 

aggrievement and be filed with the SGA no later than thirty (30) business days after the SGA's 

decision or action. The SGA shall set the matter for hearing no later than thirty (30) business 

days and no sooner than three (3) business days after receipt of the petition, and may, upon 

establishing that it has jurisdiction, affirm, modify, reverse and/or vacate the SGA order. 

SECTION 21 - SERVICE 

$2 1 - 1 The Council hereby designates the President of the Nation as agent for service of process 

of any official determination, order, or notice of violation. 

SECTION 22 - RESOLUTION OF DISPUTES BETWEEN THE GAMING PUBLIC AND 

THE NATION OR THE MANAGEMENT CONTRACTOR 

$22-1 The resolution of claims involving disputes relating to a patron's entitlement to a game 

prize are to be governed by the procedures set forth in Appendix J. 

$22-2 The resolution of claims involving demands or liability for bodily injury and property 

damages arising out of or relating to the operation of the Gaming Facilities, are to be governed 

by the procedures set forth in Appendix H. 

SECTION 23 - APPLICABLE LAW 

$-23-1 All controversies involving contracts relating to gaming entered into under the authority 

of the Council or business arm thereof on Nation Lands shall be resolved, as appropriate, in 

accordance with: 

(a) the choice of law provision contained in the contract or agreement; 

(b) the Indian Gaming Regulatory Act; 

(c) NIGC regulations; andlor 

(d) Seneca laws and customs within the judicial system of the Seneca Nation. 
SECTION 24 - SEVERABILITY PROVISION 

$24-1 If any provision of this Law or the application thereof to any person or circumstance is 

held invalid, the invalidity shall not affect other provisions or applications of Law which can be 

given effect without the invalid provisions or application, and, to this end, the provisions of this 

Law are severable. 

SECTION 25 - EFFECTIVE DATEIREPEAL 

$51-1 This Law shall be effective immediately upon approval by the Chairman of the NIGC. 

SECTION 26 - MANAGEMENT CONTRACTORICONTRACT PROVISIONS 

$26-1 Any or all references or procedures applicable to Management Contractors or contracts 

becomes effective upon adoption by Council of any Management Contract. 

SECTION 27 - MINIMUM INTERNAL CONTROL STANDARDS 

$27-1 The Nation acknowledges its obligation to adopt and implement Minimum Internal 

Control Standards (MICS) for the operation of its gaming operation no less .stringent than those 

found in the regulations of the NlGC at 25 C.F.R. Part 542. The Nation's M'ICS shall be set out 

in separate regulations to be promulgated by the SGA. 

SECTION 28 - PROHIBITION AGAINST INDIVIDUALLY OWNED CLASS 111 

GAMING 

$28-1 No license shall be issued by the SGA for individually owned Class 111 Gaming 

operations. 

SECTION 29 - CONFLICT OF LAWS 

$29-1 Where this Law conflicts with the Compact and its Appendices, the C:ompact and the 

Appendices shall prevail provided that they are no less stringent than the Act, NlGC regulations 

and this Law.