the salary or other compensation paid to
each;

(d) All expenses in the
operation of the games, specifying all
payments to vendors and contractors;

(e) The amount paid in prizes
each month;

(£) All bank deposits made from
proceeds of the bingo games, including
any interest received on such deposits;

(g) All bank withdrawals, and
the purpose of each;

(nh) All expenditures of net
proceeds including the amount, person or
organization paid, date and purpose of
such expenditures.

Sec. 413. Investigations, oversight, and
licensing of primary management
officials and key employees of
the gaming activity.

(a) Before hiring any primary
management official or other key employee
of the gaming activity, the licensee
shall conduct a background investigation
of that individual. The investigation
shall consist, at a minimum, of a
criminal background check to determine
whether the individual has a tribal,
state, or federal criminal record; a
review of the individual's financial
history; and an inquiry into the
individual's reputation, habits, and
associations within the Indian community.
The latter shall include interviews with
all of the individual's previous
employers during the past three (3)
years, unless these employers cannot be
located.

(b) No one who has_ been
convicted of a felony in any tribal,
state or federal court, shall be eligible
for employment as a primary management
official or other key employee. No one
whose prior activities, criminal record,

XX-14


@

qi)

Complete a new application form that contains a
notice regarding false statements; or

Sign a statement that contains the notice regarding
false statements.

(bv) Background investigations.

(1) ‘The Tribal-State Agreement Oversight Commission shall
request from each primary management official and from
each key employee all of the following information:

@

Gi)

(aii)

(iv)

()

(vi)

(wii)

(viii)

Full name, other names used (oral or written), social
security number(s), birth date, place of birth,
citizenship, gender, all languages (spoken or written);

Currently and for the previous 5 years: business and
employment positions held, ownership interests in
those businesses, business and residence addresses and
drivers license numbers;

The names and current addresses of at least three
personal references, including one personal reference
who was acquainted with the applicant during each
period or residence listed under paragraph (b)(1)(ii) of
this section;

Current business and residence telephone numbers;

A description of any existing and previous business
relationships with Indian Tribes, including ownership
interest in those businesses;

A description of any existing and previous business
relationships with the gaming industry generally,
including ownership interests in those businesses;

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;

For each felony for which there is an ongoing
prosecution or a conviction, the charge, the name and

-4-


shall cooperate fully with all lawful
regulations, guidelines, and orders of
the Commission. Failure to do so shall
constitute a Class A misdemeanor and
shall also constitute grounds for
revocation of the tribal license.

Sec. 703. Commission requlations and
quidelines superseding this
Title.

Any regulations and guidelines
adopted by the Commission that are
inconsistent with any provisions of this
Title shall supersede that provision,
unless the Commission grants a waiver.
In such a case, the Board shall promptly
amend this Title so that it conforms to
the Commission's regulations and
guidelines.

XX-31


Amendment No. 6. A new Section 416 is added to read as follows.
Sec. 416. tecti the i id Public Health and Safety.

Class II gaming facilities shall be constructed, maintained and operated in a
manner that adequately protects the environment and the public health and safety.


Sec. 406. Hearing on application for a
license.

All applications for a license
shall be considered by the Tribal State
Agreements Oversight Commission in open
session at which the applicant, his/her
attorney and any person protesting the
application shall have the right to be
present, and to offer sworn oral or
documentary evidence relevant to the
application. The proceedings of the
Commission shall be transcribed. After
the hearing, the Commission shall make a
written recommendation to the Tribal
Executive Board whether to grant or deny
the application. The recommendation, the
transcript of the proceedings and all
documentary evidence shall be submitted
to the Tribal Executive Board. The
Tribal Executive Board shall consider the
record made in the proceedings before the
Commission, all evidence and the
recommendation of the Commission, and
shall then make a final determination of
whether to grant or deny the application.
In the event that the applicant is a
member of the Commission or the Board, or
a member of the immediate family of a
member of the Commission or of the Board,
such member shall not vote on the
application or otherwise participate in
the consideration of it. The decision of
the Board shall be final.

(AMENDED AS PER RESOLUTION NO. 2660-93-5,
DATED 05/24/93.)

Sec. 407. Conditions of the tribal
license.

Any tribal license issued under
this Title shall be subject to such
reasonable conditions as the Board shall
fix, including, but not limited to the
following:

(a) The licensee shall at all
times maintain an orderly, clean, and
neat establishment, both inside and
outside the licensed premises. The
premises shall be in full compliance with

XX-8


RESOLUTION # i77-93-12 TRIBAL GOVERNMENT

WHEREAS, the Fort Peck Tribal Executive Board is the duly elected
body representing the Assiniboine and Sioux Tribes of the Fort
Peck Reservation and is empowered to act on behalf of the Tribes.
All actions shall be adherent to provisions set forth in the 1960
Constitution and By-Laws, and

WHEREAS, the Fort Peck Tribes are required by regulations issued
pursuant to the Indian Gaming Regulatory Act of 1988 to designate
an Agent for Receipt of Service for the Fort Peck Tribes, now

THEREFORE, BE IT RESOLVED, that the Tribal Executive Board does
hereby designate the Tribal Chairman as the Agent for Receipt of
Service for the Fort Peck Tribes.

CERTIFICATION

I, the undersigned Secretary Accountant of the Tribal Executive
Board of the Assiniboine and Sioux Tribes of the Fort Peck Indian
Reservation, hereby certify that the Tribal Executive Board is
composed of 12 voting members of whom 11 constituting a quorum
were present at a Reqular meeting duly called and convened this
13th day of December, 1993, that the foregoing resolution was
duly adopted at such meeting by the affirmative vote of 10 for,

0 opposed.

,

ackie Miller, Secretary/Acct.

APPROVED:

Chalrman/Viee—Chairman Wyman Babby, Superintendent
Tribal Executive Board Fort Peck Agency


shall, upon receipt of the background investigation reports from the consultant and the

NIGC, complete a Background Investigation Report which indicates the procedures

followed, agencies contacted, results obtained, conclusions reached and factual bases for

those conclusions.

IL DESCRIPTION OF PROCEDURES FOR ISSUING TRIBAL LICENSE TO
PRIMARY MANAGEMENT OFFICIALS AND KEY EMPLOYEES

Procedures for issuing tribal licenses to primary management officials and key

employees are established in Section 413 of Title XX of the Fort Peck Code of Justice.

IIL DESCRIPTION OF PROCEDURES FOR RESOLVING DISPUTES
BETWEEN THE GAMING PUBLIC AND THE TRIBES OR THE
MANAGEMENT CONTRACTOR.

1.

Right to raise a dispute. Any person who has any dispute, disagreement or
other grievance that involves currency, tokens, coins or any other thing of
value and is between the customer and a tribally licensed gaming facility,

may raise such dispute with the following persons and in the following

order:

a. a member of the staff of the facility

b. the supervisor in the area in which the dispute arose; and
c a managerial level supervisor of the facility.

Customer rights regarding disputes. At each level, the complainant has the

right to explain his or her side of the dispute, and to present witnesses. At

-5-


Sec. 503. Special conditions on simulcast
racing.

All simulcast racing operated
by the Tribes shall be with a network
approved to operate within Montana.

Sec.503A Special conditions on lottery
qames.

Lottery games may be conducted
on the Fort Peck Reservation under the
following conditions:

(1) Such games are authorized
by the Montana Lottery and subject to the
provisions of Section 23-7-101 through
23-7-412, MCA, or;

(2) Such games are conducted
and operated by the Tribes in a manner
which provides security at least as
stringent as the Montana Lottery.

Sec.503B Special conditions on live Keno
and live Poker.

The Tribes may conduct live
Keno and live Poker games twenty four
(24) hours a day without limit as to the
number of tables, under the following
conditions:

(1) The Tribes shall post the
rules of play and maximum percentage
rake-off in a prominent place in each
establishment where such games are
conducted;

(2) The prize limits for live
Keno games shall not exceed the value of
one thousand dollars ($1,000.00) for each
individual award; and

(3) Unless subsequently agreed
upon otherwise, the prize limits for live
poker games shall not exceed those set by
the State of Montana for such games.

XX-18


()

(2)

(x)

®)

(x)

(aii)
(xiii)

(xiv)

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

For each misdemeanor conviction or ongoing
misdemeanor prosecution (excluding minor traffic
violations), within 10 years of the date of the
application, the name and address of the court
involved and the date and disposition;

For each criminal charge (excluding minor traffic
charges), whether or not there is a conviction, if such
criminal charge is within 10 years of the date of the
application and is not otherwise listed pursuant to
paragraph (b)(1)(wiii) or (b)(1)(ix) of this section, the
criminal charge, the name and address of the court
involved and the date and disposition;

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;

A current photograph;

Any other information the Tribe deems relevant; and

Fingerprints consistent with procedures adopted by the
Tribe according to 25 CF.R. § 522.2(h).

The Tribal-State Agreement Oversight Commission shall
conduct an investigation sufficient to make a determination
under subsection (c) below. In conducting a background
investigation, the Oversight Commission or its agent shall
promise to keep confidential the identity of each person
interviewed in the course of the investigation.

Eligibility determination.

The Tribal Executive Board shall review a person’s prior activities,
criminal record, if any, and reputation, habits and associations to
make a finding concerning the eligibility of a key employee or
primary management official for employment in a gaming operation.
If the Executive Board determines that employment of the person
poses a threat to the public interest or to the effective regulation of

-5-


a
Sec. 406.
Sec. 407.
Sec. 408.
Sec. 409.
Sec. 410.
Sec. 411.
Sec. 412.
Sec. 413.
Sec. 414.
Sec. 415.
Chapter 5.
Sec. 501.
Sec. 502.
Sec. 503.
Sec. 503A
Sec. 503B
Sec. 504.
Sec. 505.
Sec. 506.
Chapter 6.
Sec. 601.
Sec. 602.
Chapter 7.

Hearing on application
for a license
Conditions of the
tribal license
Assignment or transfer
Cancellation and
suspension

Uses of net revenues of
gaming activities
Annual outside audit
Reports to the Tribes
Investigations,
oversight, and licensing
of primary management
officials and key
employees of the gaming
activity

Raffles

Criminal penalties

Class III Gaming

Permitted Class III
games

Conditions of Class III
games

Special conditions on
simulcast racing
Special conditions on
lottery games

Special conditions on
live Keno and live Poker
Special conditions for
bingo, draw poker and
Keno machines
Management contracts
Criminal penalties

Self-Regulation of
Gaming Activities

Petition for
certification of self-
regulation

Waiver of tribal
requirements based on
certification of self-
regulation

National Indian Gaming
Commission

XX - ii

XX-8

XX-8
XX-11

XX-11
XX-12

XX-13
XX-13

XX-14
XX-16
XX-16

XX-16

XX-16
XX-17
XX-18
XX-18

XX-18

XX-19
XX-28
XX-29

XX-29

XX-29

XX-29

XX-30


contract with the Tribes in conformance
with the IGRA.

Sec. 506. Criminal penalties.

Operations of a Class III
gaming activity without a license shall
constitute a felony. Violation of any
other provision of Chapter V of this
Title shall constitute a Class A
misdemeanor.

Chapter 6. Self-Regulation of
Gaming Activities

Sec. 601. Petition for certification of
self-regulation.

Under Public Law 100-497, the
Tribes and any tribal subdivision that
operates a licensed gaming activity
pursuant to this Title, and has operated
the gaming activity for at least three
(3) years, including at least one (1)
year after October 17, 1988, is eligible
to petition the National Indian Gaming
Commission for a certificate of self-
regulation. Such a certificate exempts
the Tribes or tribal subdivision from
certain regulatory requirements under
Public Law 100-497. When the Tribes or
any tribal subdivision meets the
requirements for duration of the gaming
activity set forth in Section 11 of
Public Law 100-497 and determine whether
it wishes to file a petition for self-
regulation would be appropriate.

Sec. 602. Waiver of tribal requirements
based on certificate of self-

regulation.

If any licensee under this
Title is granted a certificate of self-
regulation by the Commission, the
requirements of Section 411 of this Title
shall be waived as to that licensee. All
other requirements shall continue in full

XX-29


reputation, habits, and associations
would pose a threat to the public
interest or to the effective regulation
of gaming on the Reservation, or create
the danger of unsuitable, unfair, or
illegal practices and methods and
activities in the conduct of gaming shall
be eligible for employment as a primary
management official or other key
employee.

(c) Following successful
completion of the background
investigation, the licensee shall forward
to the Tribal-State Agreements Oversight
Commission the results of the
investigation, and the Commission shall
recommend to the Tribal Executive Board
whether or not to grant a license. The
Board shall consider the recommendation
of the Commission and shall make a
decision whether to grant the license.
The Board shall forward to the National
Indian Gaming Commission the results of
the investigation, and if no adverse
action is taken by the National Indian
Gaming Commission within ten (10)
business days, issue a license to the
employee.

(AMENDED AS PER RESOLUTION NO. 2660-93-5,
DATED 05/24/93.)

(d) Each license shall be
effective for a period of one (1) year.
Prior to expiration of the license, the
licensee shall update the information
produced during the original
investigation, and if the individual
still meets the applicable standards,
the Board shall renew the license for
another year. Notice of any such
renewals shall be forwarded to the
National Indian Gaming Commission.

(e) If the National Indian
Gaming Commission informs the Tribes that
based on reliable information, a primary
management official or other key employee
does not meet the federal standards for
such employees, as set forth in Public
Law 100-497 and this Section, the Tribes
shall suspend the license of that

XX-15


from accepting coins during periods when
the machine is inoperable;

(v)(B) the machine
may have a machine manufacturer mechanism
that accepts cash in the form of bills
that do not exceed five dollars ($5.00);

(vi) in the case of
poker, each machine must use a color
display with image of cards that closely
resemble the standard poker playing
cards;

(vii) the machine
must be capable of printing a ticket
voucher for all credits owed the player
at the completion of each game, or
machines utilizing coin drop hoppers are
permitted provided they are monitored by
a game transaction management/reporting
system of the type described in a
paragraph A d(xi) which has been approved
by the State of Montana. A valid ticket
must contain the following:

(A) The name of the
licensed establishment;

(B) The name of the city,
town, or county in which the licensed
establishment is located;

(C) The machine serial
number or other unique identification
number for the machine;

(D) The time of day in
hours and minutes in a twenty four (24)
hour format;

(E) The current date;

(F) The program name and
revision;

(G) The value of the prize
in numbers;

(H) The value of the prize
in words;

(I) The sequential ticket
XX-21


keno machines;
simulcast racing;
lottery games;
live Keno; and
live Poker.

Qmnoaa

Sec. 502. Conditions of Class III games.

All Class III games shall
comply with all the requirements
established for Class II games in Chapter
IV of this ordinance except for Sections
407(d), (£), (gq), (h) and (j) and in
addition with the following conditions:

(a) Prizes shall be in tangible
personal property, free games, credits or
cash.

(b) A person who is not
physically present on the premises where
the game is actually conducted shall not
be allowed to participate in the game.

(c) The consideration paid for
the chance to play shall be strictly
cash. Every participant must present the
money with which he/she intends to play
the game at the time the game is played.
No check, credit card, note, I0U, or
other evidence of indebtedness shall be
offered or accepted as part of the price
of participation in such game or as
payment of a debt incurred therein.

(d) No person who is under the
age of eighteen (18) years shall
participate in any manner in the
operation of any Class III game. No
person who is under the age of eighteen
(18) years shall play in any Class III
game. It shall be the responsibility of
the licensee of any Class III game and
those person physically operating the
games to determine that no unauthorized
person is allowed to play in or
participate in any manner in the
operation of any bingo game.

(AMENDED AS PER RESOLUTION NO. 2660-93-5,
DATED 05/24/93.)

XX-17


force and effect. If the certificate of
self-regulation is revoked, the
requirements of Section 411 shall be
reinstated.

Chapter 7. National Indian
Gaming Commission

Sec. 701. Authority of the Commission.

Public Law 100-497 creates the
National Indian Gaming Commission and
grants the Commission and its chairman
certain regulatory authority over Indian
gaming activities, including the
authority to:

(a) Monitor Class II gaming
activities;

(b) Inspect and examine all
premises located on Indian lands on which
Class II gaming is conducted:

(c) Conduct or cause to be
conducted such background investigations
as may be necessary;

(d) Demand access to and
inspect, examine, photocopy, and audit
all papers, books, and records pertaining
to the gaming activity;

(e) Promulgate such regulations
and guidelines as it deems appropriate to
implement the provisions of Public Law
100-497, including regulations for the
assessment and collection of civil fines
against Indian gaming activities as
authorized by Section 14 of Public Law
100-497;

(f) Establish the fees to be
paid by Indian gaming activities in order
to fund the Commission's operations.

Sec. 702. Failure to cooperate with the
Commission.

All licensees under this Title

XX-30


provisions of this Ordinance or of the
tribal license. A hearing on a proposed
cancellation shall be held before the
Tribal-State Agreements Oversight
Commission after ten (10) days notice of
the claimed breach to the licensee. Such
notice shall be issued by the Tribal
Executive Board. If the Tribes are the
licensee, notice shall be served on the
manager of the tribal operation. A
license may be suspended by the Tribal
Executive Board during the ten (10) day
period by a three quarters (3/4) vote of
the Board at a meeting at which a quorum
is present. The time and place of the
hearing shall be posted in the tribal
office, and if time permits, in a local
newspaper serving the Reservation. The
hearing shall be held by the Commission
in open session at which the licensee,
his/her attorney and any person with an
interest in the proceeding shall have the
right to be present, and to offer sworn
oral or documentary evidence relevant to
the breach charged. The proceedings of
the Commission shall be transcribed.
After the hearing, the Commission shall
make a written recommendation to the
Tribal Executive Board on whether to
cancel the license. The recommendation,
the transcript of the proceedings and all
documentary evidence shall be submitted
to the Tribal Executive Board, which
shall make the decision on the
cancellation. The decision of the Board
shall be final.

(AMENDED AS PER RESOLUTION NO. 2660-93-5,
DATED 05/24/93.)

Sec. 410. Uses of net revenues of gaming
activities.

Net revenues of the gaming
activity must be used for the following
purposes:

(a) To fund tribal government
operations or programs;

(b) To provide for the general
welfare of the Indian tribe and its
XX-12


Sec. 205. Social games for prizes of
minimal value.

Games in which the total value
of prizes awarded during the calendar
year does not exceed two thousand, five
hundred dollars ($2,500.00).

Sec. 206. Tribal subdivision.

(a) The community organization
of each Reservation community.

(b) Nonprofit entities
organized to raise funds and operate
programs to promote the health and
welfare of tribal members and/or to
organize and operate ceremonies,
celebrations, and powwows.

(c) Tribal school boards.

Sec. 207. Net revenues.

Gross revenues of gaming
activity less amounts paid out as, or
paid for, prizes and total operating
expense, excluding management fees.

Sec. 208. Primary management official.

The manager of the gaming
activity at each licensed site; also, any
employee who reports directly to the
manager and assists the manager directly
with managerial functions.

Sec. 209. Bingo machine.

An electronic video gambling
machine that, upon insertion of cash, is
available to play bingo. The machine
utilizes a video display and
microprocessor(s) in which, by chance,
the player may receive credits that may
be redeemed for cash. The term does not
include a slot machine.

XX-4


(i) raise;

(ii) auto-bet;

(iii) hold and discard;
(5) personality program number.

(J) Each video draw poker
machine must meet the following
specifications for approval. In order to
be approved the machine must:

(1) use a deck of cards
consisting of fifty two (52) standard
playing cards; up to two (2) jokers may
also be used;

(2) deal the initial cards from
the top of the frozen field;

(3) replace discarded cards
with remaining cards in the frozen field
starting with the sixth (6th) card and
drawing any additional cards in the order
of that frozen field;

(4) meter for each breakdown in
the paytable; and

(5) display the winning hands
and the number of credits awarded for
that hand.

(K) Each video Keno
machine must meet the following
specifications for approval. In order to
be approved the machine must:

(1) display a fixed playing
field of numbers from 1-80;

(2) only accept a bet on a
minimum of two (2) spots and a maximum of
ten (10) spots per game;

(3) display the balls picked;

(4) conform to standard rules
of Keno; and

(5) display the total number of
player spots picked at the end of each
XX-27


(5) the current date;

(6) the program name and
revision number; and

(7) the electronic meter
readings or dollar amounts of electronic
meters.

(B) If a machine is not
attached to a game transaction
management/reporting system, the machine
must issue by activation of an external
key switch, an accounting ticket
containing a performance synopsis of the
machine and progressive accounting data
if applicable. The printing of all
totals from the electronic meters shall
occur automatically each time access
occurs to either the logic compartment or
any compartment where cash is collected.
Whenever electronic meters are reset,
each machine must_ produce a full
accounting ticket both before and after
each resetting. The tickets must contain
the information required in subsections
(1) (da) (xi) (A) (1) through (7) of this
Section.

(xii) the machine and
any peripheral electronic device must
have an identification tag permanently
affixed to the machine by the
manufacturer. The tag must be on the
right-hand side, upper left corner of the
machine or peripheral electronic device
or in another approved location and must
include the following information:

(A) Manufacturer;
(B) Serial number;
{C) Model;

(D) Date of manufacture;
and

(xiii) the face of
the machine must be clearly labeled so as
to inform the public that no person under
the age of eighteen (18) years is allowed
to play;

XX-24


TITLE XX - LICENSING AND REGULATION OF
BINGO AND OTHER GAMES OF CHANCE

(THIS TITLE ADOPTED AS PER RESOLUTION
NO.'S 1729-88-12, DATED 12/12/88, AND
2084B-89-3, DATED 03/13/89.)

Chapter 1. Findings

Sec. 101. The Tribal Executive Board
finds:

(a) That operation of bingo and
other games of chance by the Tribes and
tribal subdivisions is a valid means of
promoting tribal economic development and
the health and welfare of tribal members;

(b) That, under the principles
established by the United States Supreme
Court in California v. Cabazon Band of
Mission Indians, 94 L.Ed.2s 244 (1987),
Indian tribes have the exclusive right to
regulate gaming activity on Indian lands
if the activity is not specifically
prohibited by Federal law and is
conducted within a state, such as
Montana, which does not criminally
prohibit the activity;

(c) That the United States
Congress has recently enacted Public law
100-497, the Indian Gaming Regulatory
Act, providing for certain federal
regulation of Indian gaming;

(d) That tribal regulation of
gaming activity on the Reservation is
vital to the protection of trust lands on
the Reservation and to the protection of
the interests of the Tribes and their
members.

Chapter 2. Definitions

Sec. 201. Class I gaming.

"Class I gaming" means:


Sec. 701. Authority of the

Commission XX-30
Sec. 702. Failure to cooperate
with the Commission XX-30

Sec. 703. Commission regulations
and guidelines
superseding this Title XX-31

XX - ili


members, including to fund programs
operated by a tribal subdivision that
contribute to the general welfare;

(c) To promote tribal economic
development;

(d) To donate to charitable
organizations; or

(e) To help fund operations of
local government agencies, including
tribal subdivisions.

Sec. 411. Annual outside audit

Each licensee, including the
Tribes, shall arrange for an annual
outside audit of the operation for
presentation to the National Indian
Gaming Commission. The audit shall
examine the uses of the net revenues and
all contracts for amounts in excess of
twenty five thousand dollars ($25,000.00)
annually (except contracts for legal or
accounting services). The tribal
subdivisions shall provide their audit
reports to the Tribes for review at least
thirty (30) days before they are due at
the Commission, and the Tribes shall
forward all audit reports to the
Commission.

Sec. 412. Reports to the Tribes.

Each licensee shall
submit to the Tribal Executive Board, on
a quarterly basis, a financial report for
the previous quarter's operations. Such
reports shall be signed, under oath, by
an official or representative of the
licensee, who in the case of a tribal
operation shall be the operation's
Manager. The reports shall document:

(a) Monthly attendance at
scheduled gaming events;

(b) Gross receipts for each
month;

(c) Names of each employee and
XX-13


including, if played at the same location
as bingo, pull-tabs, lotto, punch boards,
tip jars, and “instant bingo", in which
prizes are awarded on the basis of a
designated winning number or numbers,
color or colors, symbol or _ symbols
determined by chance.

Sec. 203. Class IIT gaming.

All forms of gaming that are
not Class I or Class II gaming,
including:

(a) Electronic or
electromechanical facsimiles of any game
of chance or slot machines of any kind,
including "video bingo”.

(b) All banking card games;
that is, card games played against the
house, including baccarat, chemin de fer,
and blackjack.

(c) All simulcast racing.

(d) Lottery games.

(e) Live Keno and Live Poker.

Sec. 204. Traditional forms of Indian
gaming.

(a) Gaming activities such as
"stick" or "bone" games played as part of
tribal ceremonies, celebrations, or
Powwows .

{(b) Games such as rodeos or
horse races, including those for which
purses or prizes are awarded, that are
played as part of tribal ceremonies,
celebrations, or powwows. This does not
include games operated prior to a
ceremony, celebration, or powwow for the
purpose of raising funds for the
ceremony, celebration, or powwow; these
are considered Class II games unless they
meet the definition set forth in Section
205, below.

XX-3


Sec. 504. Special conditions for bingo
draw poker and Keno machines.

All bingo, draw poker, and Keno
machines shall also comply with the
following conditions:

(a) No prize may exceed the
value of one thousand dollars ($1,000.00)
for each individual award.

(b) No license shall make
available for play more than twenty (20)
machines in any single premises, except
that tribal organization facilities shall
not make available for play more than one
hundred (100) machines in any single
premise.

(c) The expected payback value
of one credit played shall be at least
eighty percent (80%) of the value of a
credit.

(d) Each video gambling machine
model or modification must:

(1) Be inspected for
approval and licensure. Any machine sold

or operated may be inspected. Any
approval granted to a person is not
transferable. Immediate access must be

allowed to each machine. Keys to allow
access to a machine for purposes of
inspection may be provided or must be
immediately available on the premises.
Machines for which a substantial
modification of a series of minor
modifications whose total result is
substantial must meet all of the specific
law or rule requirements in effect at the
time of submission. Only those machines
which are owned or operated and to which
the submitted modification will be
applied are required to meet those
specifications in effect at time of
submission. A determination that a
modification is substantial may be
contested;

(2) Be operated by the
players in the manner specified by this
ordinance;

XX~-19


Caleb Shields, Tribal Chairman
Assiniboine.& Sioux Tribes of the
Fort Peck Indian Reservation

P.O. Box 1027

Poplar, Montana 59255

Dear Chairman Shields:

This letter responds to your request to review and approve the
tribal gaming ordinance adopted December 12, 1988, and amended on
December 13, 1993, for the Assiniboine and Sioux Tribes of the
Fort Peck Indian Reservation (the Fort Peck Tribes). This letter
constitutes such approval under the Indian Gaming Regulatory Act
(IGRA) .

Under the IGRA and the regulations of the National Indian Gaming
Commission (NIGC), the Chairman is directed to review ordinances
with respect to the requirements of the IGRA and the implementing
regulations. Thus, the scope of the Chairman's review and
approval is limited to the requirements of the IGRA and the NIGC
regulations. Provisions other than those required under the IGRA
or the NIGC regulations that may be included in a tribal
ordinance are not subject to review and approval. Also, such
approval does not constitute approval of specific games.

It is important to note that the gaming ordinance is approved for
gaming only on Indian lands as defined in the IGRA.

“With the Chairman's approval of the Fort Peck Tribes' gaming
ordinance, the Fort Peck Tribes are now required to conduct
background investigations on its key employees and primary
management officials. The NIGC expects to receive a completed
application for each key employee and primary management official
pursuant to 25 C.F.R. § 556.5(a) and an investigative report on
each background investigation before issuing a license to a key
employee or primary management official pursuant to 25 C.F.R.

§ 556.5(b).

1850 M STREET. N.W. SUITE 250 __ WASHINGTON. D.C. 20036 TEL: 202-632-7003 __ FAX: 202-632-7066



ASSINIBOINE AND SIOUX TRIBES
OF THE FORT PECK INDIAN RESERVATION

L_ DESCRIPTION OF PROCEDURES FOR BACKGROUND INVESTIGATIONS
OF KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS

1. Re: ibilities of the eck Tribes. The Fort Peck Tribes are responsible for
conducting background investigations and for making determinations as to the suitability
of all individuals employed or otherwise engaged by the Tribes or their agencies as key

employees or primary management officials in the Tribes’ gaming operations.

2. Positions Responsible for Background Investigations and Suitability Determinations.

The following positions are responsible for undertaking background investigations and for

making suitability determinations in the gaming operations of the Fort Peck Tribes:

a. Conducting Background Investigations. Initial data on personnel is

obtained through the application process, under supervision of the Tribal-
State Agreement Oversight Commission of the Fort Peck Tribes. The
Tribes’ consultant distributes the applications and conducts the background
investigation for all key employees and primary management officials. As
part of the application process, the consultant also provides for the taking
of fingerprints of prospective or provisional employees, and submits a

fingerprint check request to the FBI through the NIGC pursuant to the

-1-


except as provided in this Section. The
Tribes reserve the right to inspect the
premises where the Class I game is held
and to obtain and review financial
information concerning the game in order
to determine whether it meets’ the
definition of a Class I _ game. In
addition, Class I games may be subject to
other tribal ordinance and regulations
designed to protect the health and
welfare of tribal members.

Chapter 4. Class II Gaming

Sec. 401. Requlation of Class II gaming.

All Class II gaming operated by
the Tribes, Indian organizations, or
individual Indians within the Fort Peck
Reservation shall be conducted according
to the provisions of this Title.

Sec. 402. Ownership of Class II games.

All Class II games included
within Section 401 must be solely owned
by either the Tribes or a_ tribal
subdivision. Ownership of Class II games
by any other entity or any individual is
prohibited. An entity shall be
considered to "own" a game if it has the
authority to direct distribution of the
game's revenues.

Sec. 403. Status as a tribal subdivision.

Each entity seeking designation
as a tribal subdivision for the purpose
of this Title shall file an application
with the Tribal Executive Board. The
Board shall prepare forms for this
purpose. The application shall provide
information on the nature and purpose of
the entity and the programs it operates,
and shall demonstrate that the uses to
which it puts its funds conform to
Section 410. This requirement is waived
for the community organization of each
reservation community; these

XX-6


Sec. 210. Draw poker machine.

An electronic video gambling
machine that, upon insertion of cash, is
available to play or simulate the play of
the game of draw poker. The machine
utilizes a video display and
microprocessor(s) in which, by the skill
of the player, by chance, or both, the
player may receive credits that may be
redeemed for cash. The term does not
include a slot machine.

Sec. 211. Keno machine.

An electronic video gambling
machine that, upon insertion of cash, is
available to play keno. The machine
utilizes a video display and
microprocessor(s) in which, by chance,
the player may receive credits that may
be redeemed for cash. The term does not
include a slot machine.

Sec. 212. Simulcast racing.

A live broadcast of an actual
horserace at time it is run, including
races of local or national prominence.

Sec. 213. Lottery games.

The term "lottery games" means
any procedure, including any on-line or
other procedure using a machine or
electronic device, by which one or more
prizes are randomly distributed among
persons who have paid for a chance to win
a prize but does not include any game in
which a player competes against or plays
with any other person.

Chapter 3. Class I Gaming

Sec. 301. Regulation of Class I gaming.

This Title does not apply to
Class I gaming as defined in Chapter 2,
XX-5


3)

(2)

G)

(4)

(iii) | Conclusions reached; and
(iv) | The bases for those conclusions.

The Tribal-State Agreement Oversight Committee shall
submit, with the report, a copy of the eligibility determination
made under subsection (c) of this section.

If a license is not issued to an applicant, the Tribal-State
Agreements Oversight Commission:

(i) Shall notify the National Indian Gaming Commission;
and

(ii) | May forward copies of its eligibility determination and
investigative report (if any) to the National Indian
Gaming Commission for inclusion in the Indian
Gaming Individuals Records System.

With respect to key employees and primary management
Officials, the Tribal-State Agreements Oversight Commission
shall retain applications for employment and reports (if any)
of background investigations for inspection by the Chairman
of the National Indian Gaming Commission or his or her
designee for no less than three (3) years from the date of
termination of employment.

Granting a gaming license.

QQ)

(2)

If, within a thirty (30) day period after the National Indian
Gaming Commission receives a report, the National Indian
Gaming Commission notifies the Tribes that it has no
objection to the issuance of a license pursuant to a license
application filed by a key employee or a primary management
official for whom the tribe has provided an application and
investigative report to the National Indian Gaming
Commission, the Executive Board may issue a license to such
applicant.

The Tribal-State Agreements Oversight Commission shall
respond to a request for additional information from the
Chairman of the National Indian Gaming Commission
concerning a key employee or a primary management official
who is the subject of a report. Such a request shall suspend

-7-


(1) The random number
selection process shall conform to an
acceptable random order of occurrence and
uniformity of distribution;

(2) The field of
numbers must be mixed after each game by
using a random number generator;

(3) After the field
of numbers has been mixed and before the
start of the game the field of numbers is
to be frozen with all numbers used for
play taken in order from the top of the
frozen field;

(4) Any variable
data, e.g., location name, shall not
reside on EPROMS that contain game
programs;

(5) Must payback or
award credits at a minimum rate of eighty
percent (80%);

(6) The game program
must not interfere in any way with
expected random play;

(7) All electronic
meters must be eight (8) digits in
length; and

(8) For any game

Played, the paytable for that game must

be prominently displayed and
understandable to the player.

(I) a machine may have a

personality program that includes but is
not limited to the following:

(1) paytable (limited to one
per program) ;

(2) graphics;
(3) deal;
(4) optional features to

include but not be limited to:

XX-26


Memorandum of Understanding between the Tribes and the NIGC.

Reviewing and Approving the Investigative Work Done. Upon receipt of

the background investigation reports from the consultant and the NIGC,
the Oversight Commission makes a preliminary determination as to the
completeness and sufficiency of the information obtained, and completes an
Investigation Report which includes a preliminary determination as to the
suitability of each individual for employment in the Tribes’ gaming
operations under the tribal-state compacts and tribal and federal
regulations. The Oversight Commission forwards the information to the

Fort Peck Tribal Executive Board.
Reporting Background Investigation Results to the National Indian Gamin,
Commission. The Executive Board reports the results of background

investigations to the National Indian Gaming Commission.

Obtaining and Processing Fingerprints. Fingerprints are obtained and

processed pursuant to the Memorandum of Understanding between the

Fort Peck Tribes and the NIGC.

Suitability Determination. Final determinations as the suitability of any

individual for a key employment or primary management position in the

-2-


(xiv) no machine may
offer for play more than one play table
per program;

(xv) each machine and
peripheral electronic device must pass a
static test; and electrical current to
the machine and a backup power supply
capable of maintaining for a thirty (30)
day period the accuracy of all electronic
meters, date, and time during power
fluctuations and loss. The battery must
be in a state of charge during normal
operation of the machine. Manufacturers
incorporating either the use of E2 proms
or a lithium battery for memory retention
will be considered to meet this
requirement.

(E) Any and all
modifications made to an approved
gambling machine must be submitted for
approval prior to installation.

(F) Authorization to
operate a machine may be suspended or
revoked or approval of a machine may be
revoked at any time if it is determined
that a machine or machine component does
not comply with a tribal ordinance or
terms of a tribal-state compact governing
video gambling machines in effect at the
time of approval.

(G) A video gambling
machine must include the following
hardware specifications:

(1) All electrical
and mechanical parts and design
principles shall follow acceptable
industrial codes and standards in both
design and manufacture.

(2) A video gambling
machine shall be designed to ensure that
the player will not be subjected to any
physical, electrical or mechanical
hazards.

(H) Each video gambling
machine must meet the following software
specifications:

XX~-25


(a) Social games played solely
for prizes of minimal value;

(b) Traditional forms of Indian
gaming and bingo (as defined in Section
202) engaged in as a part of, or for the
promotion of tribal ceremonies,
celebrations, or powwows, provided that
total gross receipts from such gaming,
including bingo, do not exceed fifty
thousand dollars ($50,000.00) in any year
for any single ceremony, celebration or
powwow.

Sec. 202. Class II gaming.

The term “Class II gaming”
means:

(a) Bingo.

The game of chance which
is played for prizes, including monetary
prizes, with cards bearing numbers or
other designations, in which the holder
of the card covers such numbers of
designations when objects, similarly
numbered or designed, are drawn or
electronically determined, and in which
the game is won by the first person
covering a previously designated
arrangement of numbers or designations on
such cards.

Electronic, computer or
technological aids -- such as computer-
generated number sequences -- can be used
in connection with Class II bingo, so
long as all players are playing against
each other to achieve the same sequences.
Computerized or "video" bingo, in which
players play against the machine rather
that against each other, are Class III
games, subject to Chapter V of the Title.

Class II gaming shall not
include bingo included as Class I gaming
in Section 201.

(b) Other games of change.

Games similar to bingo,
XX-2


employee. After at least ten (10) days
notice to the employee affected, the
Tribes shall hold a hearing to determine
whether the license should be permanently
revoked. The employee may be represented
by an attorney at his/her own expense and
present and cross examine witnesses. The
Board's decision on revocation of the
license shall be final.

(f) Each licensee shall be
responsible for designating the managers,
direct assistants to the manager, and
other key employees of its gaming
activities. At least one (1) employee
shall be designated for each place,
facility, or location where gaming is
conducted.

Sec. 414. Raffles.

Nothing in this Title shall be
construed to prohibit any raffle or like
activity conducted by a= religious,
charitable or other non-profit
organization as permitted by Section
415(b)(3) of Title III of the Code of
Justice, or to require such organization
to obtain a license to operate such a
raffle.

Sec. 415. Criminal penalties.

Operations of a Class II gaming
activity without a license shall
constitute a Class A misdemeanor.
Violation of any other provision of
Chapter IV of this Title shall constitute
a Class B misdemeanor.

Chapter 5. Class III Gaming

Sec. 501. Permitted Class III qames.

The Tribes may conduct the
following Class III games:

(a) bingo machines;
(b) draw poker machines;

XX-16


(b) If not otherwise included, any other person whose total cash
compensation is in excess of $50,000 per year; or

(c) _ If not otherwise included, the four most highly compensated
persons in the gaming operation.

Amendment No. 3. Section 402 is amended to read as follows.

Sec. 402. Qwnership of Class II games.

The Tribes or a tribal subdivision shall have the sole proprietary interest in
and responsibility for the conduct of any gaming operation authorized by this
Title. Ownership of Class II games by any other entity or any individual is
prohibited. An entity shall be considered to "own" a game if it has the authority
to direct distribution of the game’s revenues.

Amendment No. 4. The first sentence of Section 404 is amended to read as
follows.

Sec. 404. Licenses for Class II_ gaming activities.

The Tribes shall issue a separate license for each place, facility or
location where Class II gaming is conducted under this ordinance.

Amendment No. 5. Section 413 is amended to read as follows.
Sec. 413. Licenses for Key Employees and Primary Management Officials.

(a) Application forms.

(1) The following notice shall be placed on the application form
for a key employee or a primary management official before
that form is filled out by an applicant:

In compliance with the Privacy Act of 1974, the following
information is provided: Solicitation of the information on
this form is authorized by 25 U.S.C. 2701 et seq. The
purpose of the requested information is to determine the
eligibility of individuals to be employed in a gaming
operation. The information will be used by National Indian

-2-


(2)

@)

(4)

Gaming Commission 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 a tribe or the National Indian Gaming
Commission 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 tribe or a
gamin operation. Failure to consent to the disclosures
indicated in this notice will result in a tribe’s being unable to
hire you in a primary management official or key employee
position.

The disclosure of your Social Security Number (SSN)
is voluntary. However, failure to supply a SSN may
result in errors in processing your application.

The Tribal-State Agreements Oversight Commission shall
notify existing key employees and primary management
officials in writing that they shall either:

(i) Complete a new application form that contains a
Privacy Act notice; or

(ii) Sign a statement that contains the Privacy Act notice
and consent to the routine uses described in that
notice.

The following notice shall be placed on the application form
for a key employee or a primary official before that form is
filled out by an applicant.

A false statement on any part of your application may be
rounds for not hiring you, or for firing you after you begin
work. Also, you may be punished by fine or imprisonment.
(U.S. Code, title 18, section 1001.)

The Tribal-State Agreements Oversight Commission shall
notify existing key employees and primary management
officials in writing that they shall either:


number of the ticket voucher;

(viii) the printing
mechanism must be located in a locked
area of the machine to insure the
safekeeping of the audit copy. The logic
board shall be mounted within the logic
area so it is not visible upon opening
the logic area door. The printing
mechanism must have a paper sensing
device that upon sensing a "low paper”
condition will allow the machine to
finish printing the ticket and prevent
further play. The machine must recognize
a printer power loss occurrence and cease
play until power has been restored to the
printer and the machine is capable of
producing a valid ticket;

(ix) the machine must
have nonresettable mechanical meters
housed in a readily accessible locked
machine area. The mechanical meters must
be manufactured in such a way as to
prevent access to the internal parts
without destroying the meter. Meters
must be hardwired (no quick connects will
be allowed in the meter wiring system).
A validating identification sticker
attached to the mechanical meters to
verify the meters are assigned to a
specific licensed machine may be
required. The meters must keep a
permanent record of:

(A) Total credits accepted
by the coin acceptor mechanism(s), and
bill acceptor (if applicable);

(B) Total credits played;
(C) Total credits won;
(D) Total credits paid;
{x) the machine must
contain electronic metering, using meters
that record and display the following on
the video screen;

(A) Total credits in
mechanism(s) 1 and 2 (if applicable);

XX-22


-

TABLE OF CONTENTS

~— APPROVED

TITLE XX ~ LICENSING AND REGULATION OF

Chapter l.

Sec.

Chapter 2.
Sec. 201.
Sec. 202.
Sec. 203.
Sec. 204.
Sec. 205.
Sec. 206.
Sec. 207.
Sec. 208.
Sec. 209.
Sec. 210.
Sec. 211.
Sec. 212.
Sec. 213.
Chapter 3.
Sec. 301.
Chapter 4.
Sec. 401.
Sec. 402.
Sec. 403.
Sec. 404.
Sec. 405.

101.

Findings

The Tribal Executive
Board finds

Definitions

Class I gaming
Class II gaming

(a) Bingo
(b) Other games of
chance

Class III gaming
Traditional forms of
Indian gaming

Social games for prizes
of minimal value
Tribal subdivision
Net revenues

Primary management
official

Bingo machine

Draw poker machine
Keno machine
Simulcast racing
Lottery games

Class I Gaming

Regulation of Class I
gaming

Class II Gaming

Regulation of Class II
gaming

Ownership of Class II
games

Status as a tribal
subdivision

Licenses for Class II
gaming activities
License fees and
duration of license

XX - i

BINGO AND OTHER GAMES OF CHANCE

Page
XX-1

XX-6

XX-6
XX-6
XX-6
XX-7

XX-7


RESOLUTION #178-93-12 TRIBAL GOVERNMENT

WHEREAS, the Fort Peck Tribal Executive Board is the duly elected
body representing the Assiniboine and Sioux Tribes of the Fort
Peck Reservation and is empowered to act on behalf of the Tribes.
All actions shall be adherent to provisions set forth in the 1960
Constitution and By-Laws, and

WHEREAS, the Tribal General Legal Counsel through Memorandum 200-
93, dated December 9, 1993, has provided a "Description of
Procedures for Background Investigations of Key Employees and
Primary Management Officials" which is required to comply with

25 C.F.R. 522.2(b), and

WHEREAS, the Tribal General Legal Counsel has also provided
“Procedures for Resolving Disputes Between the Gaming Public and
the Tribes" as required by 25 C.F.R. 522.2(f), now

THEREFORE, BE IT RESOLVED, that the Tribal Executive Board does
hereby approve and adopt the “Description of Procedures for
Background Investigations of Key Employees and Primary Management
Officials" as required by 25 C.F.R. 522.2(b), and the
"Procedures for Resolving Disputes Between the Gaming Public and
the Tribes”, both procedures being attached to this Resolution.

CERTIFICATION

I, the undersigned Secretary Accountant of the Tribal Executive
Board of the Assiniboine and Sioux Tribes of the Fort Peck Indian
Reservation, hereby certify that the Tribal Executive Board is
composed of 12 voting members of whom 11 constituting a quorum
were present at a Regular meeting duly called and convened this
13th day of December, 1993, that the foregoing resolution was

duly adopted at such meeting by the affirmative vote of 10 for,

0 opposed, 1 not voting.

J@ckie Miller, Secretary/Acct.

APPROVED:

badnds (EO
Chairman/Vtee—Ghetrman Wyman Babby, Superintendent
Tribal Executive Board Fort Peck Agency



(g)

(h)

(3)

the 30-day period under paragraph (f)(1) of this section until
the Chairman of the National Indian Gaming Commission
receives the additional information.

If, within the thirty (30) day period described above, the
National Indian Gaming Commission provides the Tribes with
a statement itemizing objections to the issuance of a license
to a key employee or to a primary management official for
whom the Tribes have provided an application and
investigative report to the National Indian Gaming
Commission, the Executive Board shall reconsider the
application, taking into account the objections itemized by the
National Indian Gaming Commission. The Executive Board
shall make the final decision whether to issue a license to
such applicant.

License suspension.

Q)

(2)

@)

If, after the issuance of a gaming license, the Tribes receive
from the National Indian Gaming Commission reliable
information indicating that a key employee or primary
management official is not eligible for employment under
subsection (c) above, the Executive Board shall suspend such
license and shall notify in writing the licensee of the
suspension and the proposed revocation.

The Tribal-State Agreements Oversight Commission shall
notify the licensee of a time and place for a hearing on the
proposed revocation of a license.

After a revocation hearing, the Tribal-State Agreements
Oversight Commission shall recommend to the Executive
Board to revoke or to reinstate a gaming license. The
Executive Board shall decide whether to revoke or reinstate a
gaming license and notify the National Indian Gaming
Commission of its decision.

Each license shall be effective for a period of one (1) year. Prior to
expiration of the license, the licensee shall update the information
produced during the original investigation, and if the individual still
meets the applicable standards, the Executive Board shall renew the
license for another year. Notice of any such renewals shall be
forwarded to the National Indian Gaming Commission by the Tribal-
State Agreements Oversight Commission.

-8-


Title XI, Health and Sanitation, of the
Comprehensive Code of Justice;

(b) The licensed premises shall
be subject to patrol by the tribal and
BIA police force, for the purpose of
enforcing tribal law, and the licensee
shall cooperate at all times with such
police and law officers;

(c) The licensed premises shall
be open to inspection by duly authorized
tribal officials and officials of the
National Indian Gaming Commission at all
times during the regular business hours;

(d) The premises covered by the
tribal license shall be closed during
polling hours on tribal election days,
and on special days of observance, as
designated by the Board;

(e) There shall be no
discrimination in the operations under
the tribal license by reason of race,
color or creed, provided, however, that a
licensee may give a preference in
employment to Indians;

(£) No person who is under the
age of eighteen (18) shall participate
nor shall be allowed to participate in
any manner in the operation of any game.
No person who is under the age of
eighteen (18) shall play in any bingo
game or other games of chance. No person
under the age of eighteen (18) shall be
allowed on premises where games are being
conducted. It shall be the
responsibility of the licensee and those
persons physically operating the games to
determine that no unauthorized person is
allowed to play in or participate in any
manner in the operation of any bingo
game;

(g) All licensees shall impose
a uniform charge on all players for the
bingo cards to be used in each bingo
game. The rate to be charged players for
cards shall be fixed by each licensee and
posted conspicuously on the premises. No
person shall be allowed to play in a game

XX-9


beer or liquor, shall be offered or
awarded as a prize or in lieu of a prize
for winning at any of the activities
authorized by this Title;

(1) No firearms, air guns which
are capable of discharging dangerous
projectiles, including but not limited to
B.B.'s or CO2 guns, rifles, shotguns,
pistols, or revolvers; shall be offered
or awarded as a prize or in lieu of a
prize for winning at any of the
activities authorized by this ordinance;

(m) No person involved in the
operation of any activity authorized by
this ordinance shall, directly or
indirectly, in the course of such
operation employ any device, scheme, or
artifice to defraud; make any untrue
statement of a fact, or omit to state a
fact necessary in order to make a
statement not misleading in consideration
of the circumstances under which such
statement was made; engage in any act,
practice, or course of operation as would
operate as a fraud or deceit upon any
person;

(n) Each licensee shall display

its license in a conspicuous location in
the gaming establishment.

Sec. 408. Assignment or transfer.

No license issued under the
ordinance shall be assigned or
transferred.

Sec. 409. Cancellation and suspension.

The licensee must have, and
will exercise complete control over the
premises being used for bingo or other
games of chance at all times said games
area being played. The licensee and
his/her employees shall be legally
responsible for any violation of the
Title. Any license issued hereunder may
be cancelled by the Tribal Executive
Board for the breach of any of the

XX-11


RESOLUTION #176-93-12 TRIBAL GOVERNMENT

WHEREAS, the Fort Peck Tribal Executive Board is the duly elected
body representing the Assiniboine and Sioux Tribes of the Fort
Peck Reservation and is empowered to act on behalf of the Tribes.
All actions shall be adherent to provisions set forth in the 1960
Constitution and By-Laws, and

WHEREAS, the Tribal General Legal Counsel through memorandum 200-
93 dated December 9, 1993, has provided six (6) amendments to
Title XX of the Comprehensive Code of Justice (CCOJ) which are
required to bring the Tribal Gaming Ordinance into compliance
with regulations issued by the National Indian Gaming Commission
(NIGC), and

WHEREAS, the Fort Peck Tribes have been requested by the NIGC to
submit their Tribal Gaming Ordinance for review and approval, now

THEREFORE, BE IT RESOLVED, that the Tribal Executive Board does
hereby approve the recommended amendments to Title XX CCOJ as
provided by the Tribal General Legal Counsel, and does hereby
amend Title XX CCOJ Sections 208, 214, 402, 404, 413, and 416, as
attached to this Resolution.

CERTIFICATION

I, the undersigned Secretary Accountant of the Tribal Executive
Board of the Assiniboine and Sioux Tribes of the Fort Peck Indian
Reservation, hereby certify that the Tribal Executive Board is
composed of 12 voting members of whom ___ constituting a quorum
were present at a Reqular meeting duly called and convened this
13th day of December, 1993, that the foregoing resolution was
duly adopted at such meeting by the affirmative vote of ll for,

0 opposed. .

Chitchat nibh.

Jackie Miller, Secretary/Acct.

APPROVED:

Kanno Qadd—

Chairman/Viee—Cheieman Wyman Babby, Superintendent
Tribal Executive Board Fort Peck Agency



~ APPROVED

AMENDMENTS TO CODE OF JUSTICE
TITLE XX ~. LICENSING AND REGULATION OF
BINGO AND OTHER GAMES OF CHANCE

Title XX shall remain in effect except as amended as follows.

Amendment No. 1. Section 208 is amended to read as follows.

Sec. 208. Primary management official.

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

(b) Any person who has authority:

(2)

(1) To hire and fire employees; or

2)

To set up working policy for the gaming operation; or

The chief financial officer or other person who has financial
management responsibility.

Amendment No. 2. A new Section 214 is amended to read as follows.

Sec. 214. Key emplovee.

(a)

A person who performs one or more of the following

functions:

(1) Bingo caller;

(2) Counting room supervisor;

(3) Chief of security;

(4) Custodian of gaming supplies or cash;
(5) | Floor manager;

(6) Pit boss;

(7) Dealer;

(8)  Croupier;

(9)  Approver of credit; or

(10) Custodian of gambling devices including persons with

access to cash and accounting records within such
devices;


(3) Not have any switches,
jumpers, wire posts, or other means of
manipulation that could affect the
operation or outcome of a game. The
machine may not have any functions or
parameters adjustable by and through any
separate video display or input codes
except for the adjustment of features
that are wholly cosmetic or other
operational parameters as approved. This
is to include devices known as "knockoff
switches";

(4) Offer only bingo, draw
poker and Keno as defined in this
ordinance and operate in the following
manner:

(i) in the case of
draw poker, after the initial cards have
been dealt, the player may be allowed to
raise his/her wager but the player may
not exceed the overall statutory bet
limit;

(ii) the game must
display the combinations for which
credits will be awarded and the number of
credits awarded for each combination;

(iii) one credit may
not exceed twenty five cents ($.25) in
value;

(iv) the machine must
have three (3) locks: one in the area
containing the logic board and software
for the game; one to the logic board
itself; and the other to the area housing
the cash, except that a separate cash
compartment shall not be required for
coins necessary to pay prizes in a
machine which pays prizes through a drop
hopper. EPROMS contained on the logic
board must be readily accessible from the
front of the machine.

{(v)(A) the machines
may have two (2) mechanisms that accept
coins, hereinafter referred to as
"mechanism 1" and “mechanism 2". These
mechanisms must have devices referred to
as "“lockouts” which prohibit the machine

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Thank you for submitting the ordinance of the Fort. Peck Tribes
for review and approval. The NIGC staff and I look forward to
working with you and the Tribes in implementing the IGRA.

Sincerely yours,

Anthony J. Hope

Anthony J. Hope
Chairman

cc: Reid Peyton Chambers, Esq.


gaming operations of the Fort Peck Tribes are made by the Executive

Board of the Fort Peck Indian Tribes.

3. Selection of Positions Involved in Conducting Background Investigations and Making
Suitability Determinations. The persons in the positions involved in the procedures

described at #2 above were selected as follows:

a. The consultant is retained under contract with the Fort Peck Tribes. The
consultant is a former United States Attorney for the State and District of
Montana and a retired FBI agent. See attached curriculum vitae for Byron

H. Dunbar.

b. The tribal government, including both the Executive Board and the Tribal-
State Agreement Oversight Commission, is elected by the enrolled
members of the Fort Peck Tribes pursuant to the requirements of the
Constitution of the Assiniboine and Sioux Tribes of the Fort Peck Indian

Reservation.

4. Minimum Investigation Procedures to be Performed. The minimum investigation
procedures undertaken with respect to each individual applicant for employment as a key
employee or primary management official in the gaming operations of the Fort Peck

Tribes include the following:


game, display the number of balls drawn
that matched the players' picks (this may
be shown as 3 out of 8, 8 out of 10,
etc.) and display any credits awarded for
these combinations.

(L) Each video machine
must meet the following specifications
for approval. In order to be approved
the machine must:

(1) utilize a field of numbers
from 1 to 75;

(2) provide a card or cards
that contain twenty four (24) numbered
spaces per card and one free spot. No
cards may be identical;

(3) generate cards by utilizing
a random number generator;

(4) meter each breakdown in the

paytable;

(5) conform to standard rules
of bingo;

(6) produce a bingo during each
game;

(7) display the number of balls
picked and the credits awarded for the
number of balls drawn in order to obtain
a bingo;

(8) allow the player the choice
of cards on which to play. All winning
cards must be available for display on
the screen, including any that may be
played by the machine in any game; and

(9) designate the winning
arrangement of numbers prior to
commencing play.

Sec. 505. Management contracts.

An individual Indian may
operate Class IIr gaming on the
Reservation only pursuant to a management

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gaming, or creates or enhances dangers of unsuitable, unfair, or
illegal practices and methods and activities in the conduct of gaming,
a tribal gaming operation shall not employ that person in a key
employee or primary management official position. No one who has
been convicted of a felony in any tribal, state or federal court shall
be eligible for employment as a primary management official or key
employee.

cedures for forwarding applications and reports for ke
es and primary management. ials to the National Indian

Gaming Commission.

(1) When a key employee or primary management official begins
work at a gaming operation authorized by this ordinance, the
Tribal-State Agreements Oversight Commission shall forward
to the National Indian Gaming Commission a completed
application for employment and conduct the background
investigation and make the determination referred to in
subsection (c) of this section.

(2) The Tribal-State Agreements Oversight Commission shall
forward the report referred to in subsection (e) of this section
to the National Indian Gaming Commission within 60 days
after an employee begins work or within 60 days of the
approval of this ordinance by the Chairman of the National
Indian Gaming Commission.

(3) | The gaming operation shall not employ as a key employee or
primary management official a person who does not have a
license after 90 days.

Report to the National Indian Gaming Commission.

(1) Pursuant to the procedures set out in subsection (d) of this
section, the Tribal-State Agreements Oversight Commission
shall prepare and forward to the National Indian Gaming
Commission an investigative report on each background
investigation. An investigative report shall include all of the
following:

(i) Steps taken in conducting a background investigation;

(ii) Results obtained;


(B) Total credits through
the bill acceptor (if applicable);

(C) Total credits, total
credits played, total credits won and
total credits paid;

(D) Total games played and
total games won; and

(E) Any other metering
required by this ordinance.

(xi) the machine must
issue by activation of an external key
switch, an accounting ticket containing a
performance synopsis of the machine and
progressive accounting data is
applicable. The printing of all totals
from the electronic meters shall occur
automatically each time access occurs to
either the logic compartment or any
compartment where cash is collected.
Whenever electronic meters are reset,
each machine must produce ae full
accounting ticket both before and after
each resetting. The tickets must
contain:

(A) If a machine is
attached to and communicates
electronically with a game transaction
management/reporting system, it is not
required to have a ticket printer.
However, the game transaction
Management/reporting system must each day
collect from the machine the following
information:

(1) the name of the
licensed establishment;

(2) the name of the city,
town, or county in which the licensed
establishment is located;

(3) the serial number of
other unique identification number for
the machine;

(4) the time of day, in
hours and minutes in a twenty four (24)
hour format;
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organizations shall be designated as
tribal subdivisions effective on
enactment of this Title by the Board.
The decision of the Board on any
application shall be final.

Sec. 404. Licenses for Class II gaming
activities.

The Tribes shall issue a
license for each place, facility, or
location where Class II gaming is
conducted. For each location licensed,
an application must be filed that
provides the following information:

(a) A description of the
premises in which the game is to be held,
and proof that the applicant is the owner
of such premises, or lessee of such
premises, for at least the term of the
license;

(b) Agreement by the applicant
to accept and abide by all applicable
provisions of this Title and all
conditions of the tribal license;

{c) Satisfactory proof that
notice of the application has been posted
in a prominent, noticeable place in the
Tribal Office and on the premises where
the game is to be held for at least
thirty (30) days prior to consideration
by the Board, and published at least
twice in the local newspaper serving the
Reservation. The notice shall state the
date, time and place when the application
shall be considered by the Tribal
Executive Board pursuant to Section 406.

Sec. 405. License fees and duration of
license.

Each application shall be
accompanied by a fee of fifty dollars
($50.00). The license shall expire on
December 3lst of the calendar year in
which it is issued.

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a. Submission of a written application for employment (see attachments).

b. Follow up inquiry by letter, telephone and/or personal contact or interviews
by the consultant or his agents to verify the accuracy of all references

provided by the applicant.

c. Inquiries through the appropriate federal, state and local law enforcement
agencies and the NIGC into the criminal histories and backgrounds of

applicants,

d. Personal interviews with former employers and personal and other
references to determine the applicant’s prior activities and reputation,

habits and associations.

e. Collect documentation regarding any potential problem areas and

disqualifying information.

f. Completion of a Background Investigation Report by the Consultant,
indicating all potential problem areas and including a preliminary

determination of the individual’s eligibility for employment.

5. Investigative Report. The Oversight Commission, in cooperation with the consultant,

-4-


each level, if the dispute remains unresolved, the complainant shall be
informed of the right to take the dispute to the next higher level.
Resolution of any dispute by staff of the facility shall always involve two or
more staff members. All disputes, whether resolved or not, shall be the
subject of a detailed report by all staff involved to their supervisors, or, in
the case of the senior staff member handling a dispute, to the Tribal-State

Agreement Oversight Commission.

Posting of the procedures. This procedure is to be posted in a public place
in all gaming facilities and is to be distributed to all primary management
Officials and key employees.

fepbigrd pro


without first paying this uniform charge,
with the exception that free games may be
awarded as prizes. Each person paying
for the opportunity to participate in a
bingo game shall be given a bingo card
which shall be numbered. Each card
issued shall represent a specific amount
of money which has been paid to the
licensee. The amount of prize money
represented by each card issued shall be
clearly made known to all players prior
to anyone paying to participate in the
activity;

(h) Bingo cards shall be sold
and paid for, only in advance for use in
a specified game or games. All sales of
bingo cards shall take place upon the
premises and upon the occasion that the
bingo games for which the card is being
sold are conducted. No cards may be sold
on credit or as a gift or loan of any
kind whatever;

(i) No operator shall allow a
person who manages or receives any
compensation, directly or indirectly, for
the operation of any bingo game conducted
by the operator to play in a bingo game
or game of chance while on duty;

(j) Each numbered ball, or
other device, used in a bingo game for
the selection of numbers to be called in
play shall be the same weight as each of
the other balls or devices used for the
purpose in that game. Immediately
following the calling of each number in a
bingo game, the caller shall turn the
portion of the ball or other device used
to determine which number is called which
shows the number and letter to the
participants in the game so that
participants may know that the proper
number has been called out. Nothing in
this Section shall prohibit the use of
electronic, computer or other
technological aids in games of bingo or
other games of chance provided that such
aids are used properly and fairly;

(k) No beverage containing
alcohol, including but not limited to,
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