NOV 2 6 1996 

Corey L. James 

Acting Chairman 

Cahto Tribe 

Laytonville Rancheria 

P.O. Box 1239 

Laytonville, CA 95454 

Dear Chairman James: 

This letter responds to your request to review and approve 

the tribal gaming ordinance, Resolution No. 96-01, adopted on 

July 17, 1996, by the Cahto Tribe (Tribe). This letter 

constitutes approval of the Tribe's ordinance under 25 C.F.R. 

S 522.9 and supersedes the disapproval letter issued on November 

6, 1996. 

Under the IGRA and the regulations of the National ~ndian 

Gaming omm mission (NIGC), the chairman is directed to review 

ordinances with respect to the requirements of the IGRA and the 

implementing regulations. The Chairman has ninety (90) days in 

which to approve or disapprove a tribal ordinance. If the ninety 

(90) day period expires without the Chairman acting on the 

ordinance, the ordinance is considered to have been approved by 

the Chairman to the extent that the ordinance complies with the 

IGRA and the NIGC regulations. 25 C.F.R. S 522.9. Therefore, 

since the ninety day period expired on November 5, 1996, the 

Tribe's ordinance is considered approved "but only to the extent 

that such an ordinance or resolution is consistent with the 

provisions of the Act and this chapter." 25 C.F.R. S 522.9. 

The Tribe's ordinance was evaluated and has been found to be 

missing certain IGRA and NIGC regulation requirements. 

Therefore, certain provisions of the tribal ordinance are not 

considered to have been approved by the Chairman. The following 

deficiencies must be address by the tribe as soon as possible in 

order for the ordinance to meet all requirements: 

1) The submission fails to include an adequate 

description of procedures for conducting 

background investigations on key employees 

and primary management officials pursuant to 

25 C.F.R. S 522.2(b). 

2) The submission fails to include a description 

of procedures for resolving disputes between 

the gaming public and the Tribe or management 

official pursuant to 25 C.F.R. S 522.2(f). 

1441 L STREET, N.W. BTH FLOOR WASHINGTON, D.C. 20005 TEL: 202-632-7003 FAX: 202-632-7086 
,, , 

4, , . . I.. , 

I1 

3) The submission fails to designate an agent 

for service of process pursuant to 25 C.F.R. 

S 522.2(g). 

4) The submission fails to identify a law 

enforcement agency that will take 

fingerprints'of key employees and primary 

management officials pursuant to 25 C.F.R. 

S 522.2(h). 

5) The submission fails to include a description 

of procedures for conducting criminal history 

checks through the Federal Bureau of 

Investigation National Criminal Information 

Center pursuant to 25 C.F.R. S 522.2(h). 

This can be satisfied by identifying an 

authorized entity, such as the NIGC, that 

will process the fingerprint cards through 

the FBI. Please notify the NIGC if you wish 

to utilize the NIGC for this purpose. 

With the approval of the Tribe's gaming ordinance, the Tribe 

is now required to conduct background investigations on its key 

employees and primary management officials. In addition, the 

NIGC expects to receive a completed application for each key 

employee and primary management official pursuant to 25 C.F.R. 

S 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. S 556.5(b). 

However, until the deficiencies identified in items 1,4, and 5 

above are addressed, the Tribe will be unable to comply with 

S 556.5 (a) or 5B6.5 (b) . Thank you for submitting the ordinance of the Cahto Tribe of 

the Laytonville Rancheria for review and approval. The NIGC 

staff and I look forward to working with you and the Tribe in 

implementing the IGRA. If you have questions or require further 

assistance, please contact Jessica Roff at (202) 632-7003. 

Sincerely yours, 
CAHTO TRIBE 

LAYTONVILLE RANCHERIA 

P.O. Box 1239 Laytonv~lle, CA 95454 

(707) MI97 

RESOLUTION NO. 96-01 

OF THE CAHTO INDIAN TRIBE OF LAYTONVILLE 

RANCHERIA, CALIFORNIA 

SUmCT: THE APPROVAL OF THE TRIBAL GAMING 

ORDINANCE OF THE CAaTO INDIAN TRJBE OF 

LAYTONVILLE RANCmRIA, OF CALIFORNIA. 

/SJ 13 WHEREAS, The Cahto Indian Tribe of the Laytonville Rancheria, 

is a Federally recognized Indian Tribe with Articles of 

Association approved by the Commissioner of Indian 

Affairs on July 2 1, 1 967; and 

I 

WHEREAS, The Cahto Indian Tribe of the Laytonville Rancheria is 

recognized by the Secretary of the Interior as a sovereign 

Indian tribe with privileges and immunities by virtue of its 

status as a Tribe with government-to-government 

relationshp with the United States; and 

WHEREAS, The Laytonville Rancheria Executive Committee is the 

recognized body for the Laytonville Rancheria, as to 

assure and to promote the welfare and economic well 

being of its members; and I 

WHEREAS, The Cahto Indian Tribe of the Laytonville Rancheria, 

California, hereby desires to establish gaming on its 

Rancheria to create profitable jobs and obtain capital to 

support other economic development on the Rancheria; 

and 
CAHTO TRIBE 

LAYTONVlLLE RANCHERIA 

P.O. Box 1239 Lay~onvilic. CA 95454 

(707) 984-6191 

NOW, THEREFORE LET IT BE RESOLVED: That the Cahto 

Indian Tribe of Laytonville Rancheria, California, hereby 

excepts the Gaming Ordinance attached to this Tribal 

Resolution. 

I 

1 CERTIFICATION 

Pursuant to the authority contained in the organic documents of the Cahto 

Indian Tribe of the Laytonville Rancheria, the foregoing resolution was 

adopted at a meeting called, noticed, and convened on July / '7 , 1996 at which a quorum was present, by a vote of 

- 5 for, [ against, abstaining 

I 

I Laytonville Cahto Tribe 

I 

ATTEST: I 

I 

h p> i. ,d< : b \ -7 -q-hi. \[~.~.q-l 

Cristy >ieN'ehoi ' 7/+96 

Secretary~Treasurer 

Laytonville Caho Tribe 
CAHTO TRIBE 

LAYTONVILLE RANCHERIA 

P.O. Box 1239 Laytonville. CA 99% 

tmn 984-6197 

GAMING ORDINANCE OF THE CAHTO TRTBE 

OF LAYTONVILLE RANCHERIA 

I. Purpose 

The Cahto Tribe of the Laytonville Rancheria (hereinafter "Tribe"), 

empowered by the Cahto Tribe of the Laytonville Rancherias Articles 

of Association to enact ordinances, hereby enacts this ordinance in 

order to set the terms for class II gaming operations on tribal lands. 

II. Gaming Authorized 

Class II gaming as defined in the Indlan Gaming Regulatory Act, 

P.L. 100-447,25 U.S.C. Section 2703 (7) (A) ("IGRA") and by the 

regulations promulgated by the National Indian Gaming Commission 

at 25 C.F.R. S 502.3 (as published in the Federal Register at 57 FR 

12382-12393, April 9, 1992) is hereby authorized. 

III. Ownership of Gaming 

The Tribe shall have the sole propriety interest in and responsibility 

for the conduct of any gaming operation authorized by this ordinance 

[unless the Tribe elects to allow individually owned gaming] 

IV. Use of Gaming Revenue 

A. Net revenues from class 11 gaming shall be used only for the 

following purposes: to fund tribal government operations and 

programs; provide for the general welfare to the Tribe and its 

members; promote tribal economic development; donate to 

charitable organizations; or help fund operations of local 

government agencies. 

B. If the Tribe elects to make per capita payments to tribal 

members, it shall authorize such payments only upon 
CAHTO TRIBE 

LAYTONVILLE RANCHERIA 

P.O. Box I239 LPytonv~lk. CA 9%- 

tmn 9~197 

1. Except as, noted in footnotes, the same requirements apply for a 

class III gaming ordinance. 

2. For class III gaming, the appropriate reference is 25 U.S.C. 

section 2703 (8). 

3. If a tribe elects to allow individually owned gaming, it must 

authorize such gaming in its ordinance according to 25 C.F.R. 

SS 522.1 1. 

4. approval of a plan submitted to the Secretary of the Interior 

under 25 U.S.C. S 2710 (3). 

V. Audit 

A. The Tribe shall cause to be conducted annually an independent 

audit of gaming operations and shall submit the resulting audit 

reports to the National Indian Gaming Commission. 

B. AU gaming related contracts that result in the purchase of 

supplies, services, or concessions in excess of $25,000.00 

annually, except contracts for professional legal and accounting 

services, shall be specifically included within the scope of the 

audit that is described in subsection A. above. 

VI. Protection of the Environment and Public Health and safety 

Class 11 gaming facilities shall be constructed, maintained and 

operated in a manner that adequately protects the environment and the 

public health and safety. 

W. Licenses for Key Employees and Primary Management Officials 

I 
CAHTO TRIBE 

LAYTONVILLE RANCHERIA 

P.O. Box 1239 hylonville. CA 9S4S 

(rn 98+6M 

The Tribe shall ensure that the policies and procedures set out in 

this section are implemented with respect to key employees and 

primary management officials employed at any class II gaming 

enterprise operated on Indian lands: 

For the purposes of hs section, the following defitlltions 

apply: 

1. Key employee means 

(a) A persops who performs one or more of the following 

functions: 

(1) Bingo Caller 

(2) Counting room supervisor 

Guidelines to Govern the Review and Approval of Per Capita 

Payments, memorandum to All Area Directors from the Assistant 

Secretary-Indian Affairs, December 2 1, 1992. 

To the extent any additional definitions must be consistent with the 

IGRA and the regulations of the National Indian Gaming 

Commission. 

A tribe may expand this definition, but not limit it. 

(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 

(1 0) Custodian of gambling devices including persons with 
CAHTO TRIBE 

LAYTONVILLE RANCHERIA 

P.O. Box 1239 Lay~onville. CA 9S4S4 

tW 9846197 

access to cash and accounting records within such 

devices; 

(b) If not otherwise included, any other person whose total cash 

compensation is in excess of $50,000.00 per year; or 

(c) Lf not otherwise included, the four most highly compensated 

persons ih the gaming operation. . . 

2. Pnmary Management OfEcials means .- . -. 

(a) The person having management responsibility for a management 

contract; 

(b) Any person who has authority: 

(1) To he and fire employees; or 

(2) To set up working policy for the gaming operation; or 

(c) The chief financial officer or other person who has financial 

management responsibility. 

B. 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 complianqe 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 

4 
CAHTO TRIBE 

LAYTONVILLE RANCHERIA 

P.O. Box 1239 Laytonvtlle. CA 95454 

(707') 984-6197 

Indian 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 civd, 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 hi~g or firing of an 

employee, the issuance or revocation of a gaming license, or 

investigations of activities while associated with a tribe or a gaming 

operation. Failure to consent to the disclosures indicated in this 

notice will result in a 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. 

2. Existing key employees and primary management officials shall 

be notified in writing that they shall either: 

(a) Complete a new application form that contains a hvacy Act 

notice;& 

@) Sign a statement that contains the Pnvacy Act notice and 

consent to the routine uses described in that notice. 

3. The following notice shall be placed on the application form for a 

key employ'ee or a primary official before that form is filled out by 

an applicant. 

A false statement on any part of your application may be 

grounds for not luring you, or for hg you after you begin 

work. Also, you may be punished by fine or imprisonment. 
CAHTO TRIBE 

LAYTONVILLE RANCHERIA 

P.O. Box 1239 ~aytonvillc, CA 9954 

(707) 984-6197 

4. The Tribe shall notlfy in writing existing key employees and 

primary management officials that they shall either: 

a. Complete a new application form that contains a notice 

regarding false statements: or 

b. Sign a statement that contains the notice regarding false 

statements. 

C . Background Investigation 

1. The Tribe shall request from each primary management official 

and fiom each key employee all of the following information: 

a. Full name, other names used (oral or written), social security 

number(s), birth date, place of blrth, citizenship, gender, all 

languages (spoken or written): 

b. 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; 

c. The names and current addresses of at least three personal 

references, including one personal reference who was 

acquainted with the applicant during each period of residence 

listed under paragraph (1) (b) of this section; 

d. Current business and residence telephone numbers; 

e. A description of any existing and previous business 

relationships with Indian tribes, includmg ownership interests in 

those businesses; 
CAHTO TRIBE 

LAYTONVILLE RANCHERIA 

P.O. Box I239 Laytom~lk. CA 9S454 

tmn W)+6M 

f. A description of any existing and pervious business 

relationshtps with the gaming industry generally, including 

ownership interests in those businesses; 

g. The name and address of any licensing or regulatory agency 

with which the person has filed an application for a license or 

permit related to gaming, whether or not such license or permit 

was granted; 

h. For each felony for which there is an ongoing prosecution or a 

conviction, the charge, the name and address of the court 

involved, and the date and disposition if any; 

i. For each xjisdemeanor 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 apd the date and disposition; 

Unless a tribal-state compact provides that a state has 

exclusive jurisdiction with respect to conducting background 

investigations and issuing license, the background investigation 

provisions apply to class ID gaming. 

j. For each criminal charge (excluding minor traffic charges), 

whether or not there is a conviction, if such criminal charge is 

within 10 years of the date of the application and is not 

otherwise listed pursuant to paragraph (1) (h) or (1) (i) of thls 

section, the criminal charge, the name and address of the court 

involved and the date and disposition; 

k. The name and address of any licensing or regulatory agency 

with which the person has filed an application for an 

occupational license or permit, whether or not such license or 

permit was granted; 
CAHTO TRIBE 

LAYTONVILLE RANCHERlA 

P.O. Box 1239 Laymnvllle. CA 9549 

cmn 984-6197 

1. A current photograph; 

m. Any other information the Tribe deems relevant; and 

n. Fingerprints consistent with procedures adopted by the Tribe 

according to 25 C.F.R. S 522.2 (h). 

2. The Tribe shall conduct an investigation sficient to make a 

determination under subsection D. below. In conducting a 

background investigation, the Tribe or its agent shall promise to 

keep confidential the identity of each person interviewed in the 

course of the investigation. 

- D. Eligibility Determination 

The Tribe 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 Tribe determines 

that employment of the person poses a threat to the public interest or 

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

of unsuitable, unfair, or illegal practices and methods and activities in 

the conduct of gaming, a tribal gaming operation shall not employ 

that person in a key employee or primary management official 

position. 

E. Procedures for Forwarding Applications and Reports for Key 

Employees and Primary Management Officials to the National 

Indian Gaming Commission 
CAHTO TRIBE 

LAYTONVILLE RANCHERIA 

P.O. Box 1239 Laylonv~lle, CA 9UU 

cm -191 

1. When key employee or primary management official begins 

work at a gaming operation authorized by this ordinance, the Tribe 

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 D 

of this section. 

2. The Tribe shall forward the report referred to in 

subsection F 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 

Nation 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. 

F. Report to the National Indian Gaming Commission 

1. Pursuant to the procedures set out in subsection E of tbts 

section, the Tribe shall prepare and forward to the National Indian 

Gaming Commission an investigative report shall include all of the 

following: 

a. Steps taken in conduction a background 

investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. the bases for those conclusions; 

Q 
CAHTO TRIBE 

LAYTONVILLE RANCHERlA 

P.O. Box I239 Lsymnv~llc. CA 95454 

cm 9MbM 

2. The Tribe shall submit, with the report, a copy of the eligibility 

determination made under subsection D of this section; 

3. If a license is not issued to an applicant, the Tribe : 

a. Shall now the National Indian Gaming Commission; and 

b. May forward copies of its eligibdity determination and 

investigations for employment and reports (if any) of 

background investigations for inspection by the Chairman 

of the Nation Indian Gaming Commission his or her 

designee for no less than three (3) years from the date of 

termination of employment. 

G. Granting a Gaming License 

1. If, within a thuty (30) day period after the National Indian 

Gaming Commission receives a report, the National Indian Gaming 

Commission notifies the Tribe 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 investigation report to the Nation Indian Gaming 

Commission, the Tribe may issue a license to such applicant. 

2. The Tribe shall respond to a request for additional 

information from the Chan of the National Indian Gaming 

Commission concerning a key employee or primary management 

official who is the subject of a report. Such a request shall suspend 

the 30-day period under paragraph G. 1. of this section until the 

Chairman of the National Indian Gaming Commission receives the 

additional information. 

\o 
CAHTO TRIBE 

LAYTONVILLE RANCHERIA 

P.O. Box 1239 hyton'ville, CA 9S4S4 

tmn 984-6197 

BUG - 7 

3. If, within the thlrty (30) day period described above, the 

National Indian Gaming Commission provides the Tribe with a 

statement itemizing objectives to the issuance of a license to a key 

employee or to a primary management official for whom the Tribe as 

provided an application and investigative report to the National Indian 

Gaming Commission, the Tribe shall reconsider the application, taking 

into account the objection itemized by the National Indian Gaming 

Commission. The Tribe shall make the final decision whether to issue 

a license to such applicant. 

H. License Suspension 

1. If, after the issuance of a gaming license, the Tribe receives 

from the National Indian Gaming Commission reliable information 

indicating that a key employee or a primary management official is not 

eligible for employment under subsection D. above, the Tribe shall 

suspend such license and shall no* in writing the licensee of the 

suspension and proposed revocation. 

2. The Tribe shall now the licensee of a time and a place for a 

hearing on the proposed revocation of a license. 

3. After a rebocation hearing, the Tribe shall decide to revoke or 

to reinstate a gaming license. The Tribe shall now the National 

Indian Gaminn Commission of its decision. Y 

VIII. License Locations 

The Tribe shall issue a separate license to each place, facility, or 

location on Indian lands where class IT gaming is conducted under 
CAHTO TRIBE 

LAYTONVILLE RANCHERIA 

P.O. Box I239 hyumrilk. CA WS4 

cm 98i.6197 

I 

IX. Repeal 

To the extent that they are inconsistent with this ordinance, all prior 

gaming ordinances are hereby repealed. 

Amendments and or Revision 

No Amendments and or Revisions can be enacted upon this 

Ordmance unless first approved by the General Tribal Membership 

vote which must consist of thuty percent (30%) of the Tribal 

Membership.