M;. Thomas F.. Fricke 

Attorney at Law 

4557 Laclede Avenue. 

St. Louis, MO 63108 .. .' --. 

Dear Mr. Fricke: 

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

for review and approval of the amendment to the Kiowa Indian Tribe of Oklahoma's (Tribe) 

amendment to their Gaming Ordinance of 1995, pursuant to Resolution No. CY-2001-045, 

that was received by the NIGC on August 6, 2001. 

The submission amends a gaming ordinance that the Chairman of the NIGC approved on 

August 25, 1995. We have reviewed this amendment. This letter constitutes approval of 

your submission under the Indian Gaming Regulatory Act (IGRA). It is important to note 

that the gaming ordinance is approved for gaming only on Indian lands as defined in the 

IGRA, over which the Tribe exercises jurisdiction. ' 

Thank you for submitting this amendment for review. If you have any questions or'require 

hrther assistance, please contact our office at (202) 632-7003. 

Sincerely yours, 

Montie R. Deer 

Chairman 
Postal Box369 - Carnegie, Oklahoma 73015 580-654-2300 

RESOLUTION NO. CY -2001- 045 

RESOLUTION 

RESOLUTION OF THE KIOWA BUSINESS COMMITTEE AMENDING THE 

GAMING ORDINANCE OF 1995 TO COMPLY WITH NATIONAL INDIAN 

GAMING COMMISSION BULLETIN NO. 99-3, AND FOR OTHER PURPOSES. 

WHEREAS, the Kiowa Indian Tribe of Oklahoma (the "Tribe") is a sovereign nation 

and from time immemorial has been a sovereign nation; and 

WHEREAS, the Tribe is federally recognized by the Secretary of Interior of the 

United States as having powers of self government and as eligible for 

the special programs and services provided by the United States to 

Indians because of their status as Indians, and its sovereignty is thereby 

recognized by the United States, all as evidenced by order of the 

Associate Commissioner of Indian Affairs, dated March 13, 1970, 

approving the constitution and bylaws of the Tribe; and 

WHEREAS, pursuant to that constitution and bylaws, specifically Article V, section 

2, the Kiowa People have delegated to their elected representatives, the 

Business Committee, the responsibility and authority to take all 

necessary action to (i) promulgate and enforce ordinances and codes to 

protect the general welfare of the Tribe and its members and (ii) 

develop, negotiate and approve, economic, industrial and commercial 

enterprises on Tribal land; and 

WHEREAS, by resolutions no. CY-95-39 and CY-95-40, both dated June 26, 1995, 

the Business Committee, acting pursuant to the aforesaid power, enacted 

a resolution to approve and adopt the Kiowa Indian Tribe of Oklahoma 

Gaming Ordinance of 1995 and the Kiowa Indian Tribe of Oklahoma 

Gaming Facility Bonding Ordinance of 1995 (together, the "Gaming 

Ordinance") and to repeal all prior gaming ordinances; and 

WHEREAS, by separate resolution, the Business Committee has repealed and 

revoked the amendment to the Gaming Ordinance set out in Resolution 

No. CY-200 1-025; and 

WHEREAS, as is required under federal law, the Gaming ordinance was 

subscquently approved by the Chairman of the National Indian Gaming 

Commission; and 
Postal Box 369 - Carnegie, Oklahoma 7301 5 580-654-2300 

of the Indian Gaming Regulatory Act of 1988 and regulations of the 

National Indian Gaming Commission, including but not limited to those 

regulations set out in Title 25, Code of Federal Regulations, section 

522.1 through 522.12 inclusive; and 

WHEREAS, as stated in the Gaming Ordinance it is the declared policy of the Tribe 

that: (1) all gaming conducted on Tribal lands of the Tribe shall be 

regulated by the Kiowa Gaming Commission to protect the public 

health, welfare and morals of residents, employees and patrons from the 

adverse effects which may derive from unregulated gambling; (2) [it is 

the objective of the Tribe] to achieve and sustain the maximum Tribal 

revenue from gaming; and (3) the conduct of gaming activities provided 

for by this Ordinance on Tribal lands shall conform with the Indian 

Gaming Regulatory Act, 102 Statutes 2467, 25 United States Code, 

section 2701 et sequitur, and the regulations promulgated by the 

National Indian Gaming Commission; and 

WHEREAS, the Business Committee acting as the elected representatives of the 

Kiowa People, now ratifies and confirms that declared policy; and 

WHEREAS, the Gaming Ordinance provides that the Business Committee serve as 

the Tribal Gaming Commission; and 

WHEREAS, the Tribe is now prohibited from the business of gaming by a closure 

order issued by the Chairman of the National Indian Gaming 

Commission on June 16,2000; and 

WHEREAS, by letter dated August 8,2000, the National Indian Gaming Commission 

Chairman has advised the Tribe of his intent to assess against the Tribe 

a civil fine in the amount of $100,000.00; and 

WHEREAS, prior to June 16, 2000, the National Indian Gaming Commission had 

issued to the Tribe several notices of violation including but not limited 

to those dated July 8, 1999 for operation of allegedly illegal gaming 

equipment, January 19,2000 for allegedly failing to submit to the NIGC 

several years worth of audits, annual fee payments and employee 

background investigation reports; and 

WHEREAS, the Tribe has appealed the closure order, notice of violation and 

proposed civil fine assessment, to the Department of Intcrior, Office of 

Hearings and Appeals, and the Tribe's appeals are now pending; and 
Postal Box 369 Carnegie, Oklahoma 73015 580-654-2300 

Gaming Commission has informed the Tribe that, "the Chairman will 

not rescind the closure order until he is satisfied that the Kiowa Tribe 

can manage a gaming operation that fully complies with all federal 

requirements"; and 

WHEREAS, the Business Committee finds that a strong, competent, independent and 

secure Gaming Commission is essential to assuring both the Tribe and 

the NIGC Chairman that the Tribe's gaming operation will upon 

resumption and thereafter at all times comply with federal law; and 

WHEREAS, in NIGC Bulletin No. 99-3, dated October 12, 1999, ("Independence of 

Tribal Gaming Commissions") the NIGC has reiterated its strong 

recommendation concerning tribal gaming commissions including the 

recommendation that, "effective regulatory oversight requires a 

fimctional separation between the operation of Tribal gaming and the 

regulation of that Tribal gaming; and 

WHEREAS, the Business Committee finds that presently, there is no separation of 

the operation of Tribal gaming in the Kiowa Tribe, from the regulation 

of that gaming, and further finds it to be consistent with and essential to 

the stated policy of the Tribe as set out above, to amend the Gaming 

Ordinance to provide for such a functional separation; and 

WHEREAS, NIGC Bulletin No. 99-3 also reiterates the recommendation of the 

NIGC that, "a well-run tribal gaming commission, free to regulate 

without undue interference from tribal leadership, is the best vehicle for 

achieving this functional separation"; and 

WHEREAS, the Business Committee finds that for this additional reason, it is 

essential to now amend the Gaming Ordinance to provide such a 

functional separation; and 

WHEREAS, by NIGC Bulletin 99-3, the NIGC also recommends that, "a tribal 

government helps insure the independence of a tribal gaming 

commission by creating for it a permanent and stable source of finding 

and that the independence and integrity of the Tribal Gaming 

Commission is seriously threatened if the tribal council is able to 

withhold funding from it or if the level of funding is not sufficient for 

the Gaming Commission to perform its role"; and 

WHEREAS, the Business Committee finds this to be a sound recommendation, 

consistent with the declared policies of the Tribe; and 
Postal Box 369 - Carnegie, Oklahoma 73015 580-654-2300 

in office and assurance of an opportunity to perform the required duties 

are important to the independence of tribal gaming commissions and the 

term of office should be a fixed length and long enough to insure 

stability, with continuity fostered by staggering the terms of commission 

members thus avoiding wholesale changes in membership" and the 

Business Committee finds that as presently constituted the Gaming 

Commission does not provide for either sufficient terms, staggered 

terms or freedom from wholesale changes in the membership, and that 

reconstituting the Gaming Commission so as to provide for this stability 

is in the best interest of the Tribe and in accordance with the declared 

policy of the Tribe regarding gaming, as above stated; and 

WHEREAS, NIGC Bulletin No. 99-3 also provides that, "removal should not be 

permitted for simple disagreement with tribal leadership over matters 

that involve a gaming commissioner's exercise of discretion in the 

performance of duty" and the Business Committee finds that amending 

the Gaming Ordinance in accordance with the foregoing 

recommendation is in the best interest of the Tribe; and 

WHEREAS, the Business Committee finds to be in the best interest of the Tribe and 

consistent with the Tribe's public policy with respect to gaming, that the 

administration of the comprehensive scheme of regulation of gaming, 

as required under the IGRA, under the regulations of the NIGC and 

under the Gaming Ordinance, requires extensive specialized knowledge, 

familiarity with all of the applicable laws and regulations, and 

substantial time and attention; and 

WHEREAS, notwithstanding that it is presently barred from gaming by order of the 

NIGC Chairman, the Tribe possesses valuable land under its jurisdiction 

that is ideally located to be developed as the site of a destination Indian 

gaming facility, and the Tribe has received serious inquiries from one 

or more businessmen who have expressed the desire to negotiate the 

investment of capital to develop that land for such a purpose; and 

WHEREAS, the Business Committee finds that if so developed, a Tribal gaming 

operation, managed by a competent and professional management 

contractor approved by the National Indian Gaming Commission, could 

yield to the Tribe, economic benefits from gaming; and 

WHEREAS, the Business Committee hrther finds that the Kiowa People will be 

better served to staff the Gaming Commission with members of the 

Tribe who are qualified by training or experience to manage and 

conduct the details of tribal gaming development and regulation; and 
Postal Box 369 - Carnegie, Oklahoma 73015 580-654-2300 

v WHEREAS, for all of the above reasons, the Business Committee finds it to be in the 

best interest of the Kiowa People and consistent with the Tribe's 

declared policy with respect to gaming, to amend the Gaming Ordinance 

as hereinbelow provided, 

NOW THEREFORE BE IT AND IT HEREBY IS 

RESOLVED, that subsection 1.4 (33) (Definitions), section 3.1 (Tribal Gaming 

Commission), section 3.3 (Voting), section 3.4 (Appointment of Members) and section 

3.5 (Appointment ofofficers), (all) of the Gaming Ordinance as heretofore enacted and 

in force, are hereby amended to read as follows: 

Subsection 1.4 (33) Definitions 

"Tribal Court" means the court of Indian Offenses sitting in Anadarko, 

Oklahoma. 

Tribal Gaming Commission 

Establishment of Tribal Gaming Commission: Sovereign - Immunity 

There is hereby established a Tribal Gaming Commission which shall 

be called the Kiowa Tribal Gaming Commission. The Kiowa Tribal 

Gaming Commission shall be a department, body corporate and politic 

of the Tribe, and shall as the department of the Tribe, enjoy and exercise 

the Tribe's sovereign powers and immunities, subject however to the 

restrictions upon delegated powers set out in the Tribal Constitution and 

in this Ordinance. 

Membershiu 

The Kiowa Tribal Gaming Commission shall be composed of four (4) 

members, they being the tribal chairman and three (3) other . . commissioners. 

Auuointment of Commissioners 

The three (3) commissioners (other than the Tribal Chairman) shall be 

appointed by the Kiowa Business Committee, upon duly-enacted 

resolution of the Kiowa Business Committee, following a meeting duly 

called, at which it examines the appointee's eligibility and 

qualifications. The three commissioners (other than the Tribal 

Chairman) shall serve for terms of office of five (5) years and thereafter 

until their respective successors are duly appointed and confirmed. The 
Postal Box 369 - Carnegie, Oklahoma 7301 5 580-654-2300 

tribal chairman shall be ex ofjicio the chairman of the Kiowa Tribal 

Gaming Commission. With respect to the commissioners other than the 

Tribal Chairman, there shall be no limitation upon the successive terms 

that a commissioner may serve. The office of chairman of the Kiowa 

Tribal Gaming Commission shall be subject to such term limitations and 

recalls as may from time to time apply to the tribal chairman. 

(d) Initial A~pointment of Commissioners upon Amendment of the Tribal 

Gaming Commission 

Upon the effective date of the ordinance hereby amending the Tribal 

Gaming Ordinance, the first appointments of commissioners shall not 

withstanding subsection 3.1 (c) of this Ordinance, be for terms as 

follows: one (1) commissioner as designated by the tribal chairman, for 

a term of approximately seven (7) years, to expire on May 3 1,2008; the 

second commissioner as designated by the tribal chairman for a term of 

approximately six (6) years, to expire on May 3 1, 2007; and the third 

commissioner as designated by the tribal chairman, for a term of 

approximately five (5) years, to expire on May 3 1,2006. 

(e) Oath of Office 

Each member of the Kiowa Tribal Gaming Commission shall prior to 

assuming the duties of her or his office, give an oath to be administered 

by the Chairman of the General Election Board of the Tribe, to uphold, 

support and defend the Constitution, Bylaws and ordinances of the 

Kiowa Indian Tribe of Oklahoma, the Indian Gaming Regulatory Act of 

1988 and the regulations of the National lndian Gaming Commission 

duly promulgated thereunder, and to diligently and impartially discharge 

the duties of her or his office. The following form of oath shall be 

given: 

I do hereby solemnly affirm that I will support 

and defend the Constitution, Bylaws and ordinances ofthe Kiowa Indian 

Tribe of Oklahoma, the Indian Gaming Regulatory Act of 1988 and the 

regulations of the National Indian Gaming Commission duly 

promulgated thereunder, and will carry out faithfully and impartially the 

duties of my office to the best of my ability and will promote and 

protect the best interests of the Kiowa Indian Tribe in accordance with 

the tribal constitution and bylaws. 
Postal Box 369 Carnegie, Oklahoma 7301 5 580-654-2300 

reached the age of thirty (30) years and who have either (a) earned a 

four year degree from an accredited United States college or university, 

or (b) within one hundred eighty days after assuming the duties of 

gaming commissioner, completed at least forty (40) hours of training in 

gaming regulation and management of the business and operation of 

gaming, under a formal training program (found by the Business 

Committee to be acceptable) shall be eligibleto serve as members of the 

Kiowa Tribal Gaming Commission. Those persons who hold elected 

office of the Tribe or are otherwise employees of the Tribe, and also any 

member of the Tribe who has been recalled from elected office of the 

Tribe or previously removed for a good cause, from the Kiowa Tribal 

Gaming Commission or who are under Tribal law, ineligible to hold 

elected or appointed office, shall be ineligible to serve as 

commissioners. Any person whose parent, spouse, sibling or child is at 

any time employed by the Tribe as the Tribal Manager or Key Employee 

of a Tribal Gaming Operation, shall be ineligible to serve as a 

commissioner. 

(g) Removal of Commissioners 

The chairman of the Kiowa Tribal Gaming Commission, as an ex officio 

commissioner, and the three other commissioners shall be deemed 

removed from that office upon recall pursuant to the Tribal Constitution. 

Section 3.4 Meetings 

The Kiowa Tribal Gaming Commission shall hold regular meetings no less 

frequently than monthly, on the third Saturday of each month, at the Tribal 

complex in Carnegie, Oklahoma, at 1:00 P.M. local time, or on such other 

monthly dates and daily times as the Kiowa Tribal Gaming Commission shall 

by resolution, establish. Special meetings of the Kiowa Tribal Gaming 

Commission may be called by the Tribal Chairman or jointly by any two other 

commissioners. Written notice of all such meetings shall be given to each 

commissioner, in accordance with the laws of the Tribe. 

Section 3.5 Oflcers 

Officers of the Kiowa Tribal Gaming Commission shall be the Chairman, a 

Vice Chairman, and a Secretary. The Chairman of the Kiowa Tribal Gaming 

Commission shall preside at all meetings of the Tribal Gaming Commission. 

She or he shall have general supervision of the affairs of the Tribal Gaming 

Commission and shall perform all duties pertaining to the office of the 

Chairman. The Chairman shall designate the Vice Chairman and Secretary; 
Postal Box 369 - Carnegie, Oklahoma 73015 - 580-654-2300 

provided however that no commissioner shall hold more than one of these 

offices. The Chairman shall upon approval of the Tribal Gaming Commission, 

be the official spokesperson for the Kiowa Tribal Gaming Commission and 

shall enjoy the standing authorization and instructed authority of the Business 

Committee, (hereby granted and hcreby made revocable only by consent of the 

National Indian Gaming Commission) to present and discuss all tribal matters 

related to gaming, to andlor with members of the press and officials of the 

National Indian Gaming Commission in Washington, D.C., either personally, 

by Gaming Commission General Counsel, or by such other attorneys or 

representatives as the Chairman may from time to time designate by writing 

and entered into the minutes of the Kiowa Tribal Gaming Commission by 

resolution. The Chairman may delegate this role only to another commissioner, 

only revocably and only by written instrument. In the absence of the Chairman, 

the Vice Chairman will serve pro tempore as Chairman. The Secretary shall: 

(a) prepare and keep the minutes of all meetings of the Commission and all 

resolutions and regulations enacted by the Commission, in books provided for 

that purpose; (b) see that all notices required by this Ordinance to be given by 

the Kiowa Tribal Gaming Commission are duly given in accordance with the 

provisions of this Ordinance and as required by Tribal law; (c) be the custodian 

of the Commission's records; (d) sign with the Chairman or Vice Chairman, 

licenses and permits issued by the Commission, the issue of which shall have 

been authorized by resolution of the Tribal Gaming Commission; and (e) sign 

with the Chairman or Vice Chairman as attesting to the authenticity of their 

signatures and the due authorization of their acts, contracts and written 

agreements between the Tribe and others, related to gaming and entered into 

pursuant to the powers of the Tribal Gaming Commission granted to it under 

this Ordinance and to authorizing resolution of the Tribal Gaming Commission; 

and (0 keep in orderly archives, fully-executed counterparts of all written 

agreements concerning gaming to which the Tribe or any gaming specialpurpose tribal corporation, is a party; keep backup copies of all of the foregoing 

types of records of the Kiowa Tribal Gaming Commission in a secure place 

separate from the original records, in order to protect the Gaming Commission, 

the Business Committee and the Tribe from the peril of loss or destruction of 

such records; (g) turn over to her or his successor, in good order, all records of 

the Kiowa Tribal Gaming Commission of which the Secretary is custodian; and 

(h) in general, perform all duties incident to the office of Secretary. The Tribal 

Gaming Commission may designate the Director of the Kiowa Tax Commission 

to serve as treasurer/controller of the Tribal Gaming Commission and of all 

revenue of the Tribe derived from gaming, provided however that the Tribal 

Gaming Commission may from time to time designate or redesignate another 

suitable employee of the Tribe or a commissioner to serve in such capacity. The 

person from time to time serving as the designated treasurer/controller shall be 

responsible for the collection of all Gaming funds due the Tribe, including but 

not limited to Development Advances, application fees, license fees, lease 
Postal Box369 Carnegie, Oklahoma 73015 - 580-654-2300 

accordance with the relevant provisions of this Ordinance. Payroll, expenses, 

disposition of all hnds required by the Tribal Gaming Commission for its 

efficient operation and the discharge of all of its duties (including but not 

limited to adequate and reasonable reserves) shall be made as authorized by the 

Tribal Gaming Commission; provided however that the Tribal Gaming 

Commission may make reasonable delegation of its authority to employees of 

the Tribe, in respect of normal day-to-day expenditures. The commissioners 

shall receive per-diem payments for attending regular and special meetings of 

the Tribal Gaming Commission, in the amounts, hereby authorized, of $100 per 

day or fraction thereof, provided however that in no event shall the attendance 

of one Tribal Gaming Commission meeting in a calendar day result in a person 

receiving more than one (I) per-diem rate for one (1) twenty-four (24) hour 

period. 

AND BE IT FURTHER, 

RESOLVED, that as herein amended, the Gaming Ordinance is hereby ratified and 

confirmed; 

AND BE IT FURTHER, 

RESOLVED, that to the extent that any ordinance, regulation, policy or practice of the 

Kiowa Tribe is inconsistent with the Resolution hereby enacted, such ordinance, 

regulation, policy and practice is hereby superceded and repealed; 

AND BE IT FURTHER, 

RESOLVED, that the Tribal Chairman and Tribal Secretary be and they hereby are 

authorized and directed to submit this resolution together with the Gaming Ordinance 

to the National Indian Gaming Commission for approval as required by and pursuant 

to Title 25, Code of Federal Regulations, sections 522.1 through 522.12, inclusive and 

to the Assistant Secretary For Indian Affairs or his authorized representative, pursuant 

to Article V, subsection 2 (g) of the Tribal Constitution; 

AND BE IT FURTHER, 

RESOLVED, that the foregoing become effective on the date on which it is approved 

by the NIGC Chairman pursuant to those regulations and by the Assistant Secretary For 

Indian Affairs or his authorized representative, pursuant to Article V, subsection 2 (g) 

of the Tribal Constitution(the "Effective Date"); 
AN11 BE IT FURTHER, 

Postal Box 369 Carnegie, Oklahoma 73015 580-654-2300 

RESOLVED, that promptly following the Effective Date the Tribal Business 

Committee be and it hereby is authorized and directed to make the appointments to the 

Gaming Commission pursuant to the Gaming Ordinance as hereby amended; 

AND BE IT FURTHER, 

RESOLVED, that if any part of these resolutions be found by a court of competent 

jurisdiction to be inconsistent with the Tribal constitution, then only that part found to 

be so inconsistent shall be void and of no effect (but only to the effect of such 

inconsistency), and all other parts ofthis resolution shall remain in full force and effect. 

The foregoing Resolution CY -200 1 - 045 was duly adopted at a Special Meeting 

of the Kiowa Business Committee held on July 12 , 2001 at the Kiowa 

Tribal Complex, Carnegie, Oklahoma, by a majority vote of 4 for, 0 against, 0 0 abstentions, with quorum being present. 

- 

ATTEST: WITNESS: 

0 

Kiowa Business Committee ~ioka Business Committee