BY FIRST CLASS MAIL 

Roy B. Brown, Chairman 

Northern Arapaho Business Council 

P.O. Box 396 

Ft. Washakie, Wyoming 82514 

March 31, 2017 

Re: Amended Tribal Gaming Ordinance of the Northern Arapaho Tribe 

Dear Chairman Brown: 

This letter responds to your request on behalf of the N orthem Arapaho Tribe for the 

National Indian Gaming Commission to review and approve the Tribe's amended gaming 

ordinance. 

The amended gaming ordinance was adopted on February 27, 2017, by Northern Arapaho 

Business Counci l Resolution No. NABC~2017~ 780 (Resolution qfthe Northern Arapaho 

Business Council Amending Provisions of the Northern Arapaho Gaming Code). Because the 

Tribe's existing gaming ordinance was last amended in January 2013, and changes were made to 

the regulatory requirements in the interim, the ordinance was amended to comply with those 

regulations. 

Thank you for submitting the amended gaming ordinance for review and approval. As it 

is consistent with the requirements of the Indian Gaming Regulatory Act and the NIGCs 

regulations, the amended gaming ordinance is approved. If you have any questions, please feel 

free to contact Armando Acosta, Senior Attorney, at 202-632-7003. 

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Moil Stop # 1621 Washington, DC 20240 Tel: 202.632.7003 fox: 202.632.7066 

REGIONAL orncEs Portland, OR; Socromenlo, CA; Phoenix, AZ; SI. Paul, MN; Tulsa OK; Oklohomo City, OK 

WWW.NIGC.GOV 
NORTHERN ARAPAHO CODE 

TITLE 3. GAMING 

Chapter 1 - Legislative Findings and Purpose 

Section 

101 Authority 

102 Findings 

103 Purpose 

104 [Reserved) 

Chapter 2 - General Provisions 

Section 

201 Definitions 

Chapter 3 - Authorization of Tribal Gaming 

Section 

301 Tribal Gaming Authorized 

302 Tribe to be Sole Gaming Proprietor 

303 Separate License for Each Location 

304 [Reserved) 

305 Compliance with Law; Inclusion of Secretarial Procedures 

306 Gaming Task Force 

Chapter 4 - Northern Arapaho Gaming Agency 

Section 

401 Agency Established 

402 Structure of Agency 

403 Powers and Duties of Agency 

404 Requirements for Self-Regulation by the Tribe 

405 Agency Operations 

406 Executive Director and Staff 

407 Gaming Manager/Chief Executive Officer and Staff 

408 Political Activities; Prohibitions 

409 Standards of Conduct for Chairman and Members of Agency 

Chapter 5 - Financial Matters 

Section 

501 Application of Net Revenues 

502 Budgets 

503 Audits 

504 Financial Management 
Chapter 6 - Background Investigations for Primary Management 

Officials and Key Employees 

Section 

601 Required Background Investigations 

602 Statement of Responsibilities 

603 Notices to Applicants 

604 Information from Applicants 

605 Rules regarding Background Investigations 

606 Eligibility Determination~ 

607 Reporting to the Commission 

Chapter 7 - Licenses 

Section 

701 Licenses 

702 Background Investigations 

703 Additional Requirements 

704 Licensing Decision 

705 Work Permits 

·106 Licensing of Venders, etc. 

Chapter 8 - Hearings and Appeals 

Section 

801 Licensing Decisions 

802 Patron Disputes regarding Particular Wagers 

803 Appeal to Tribal Court 

804 Confidential Information 

805 Hearing Procedures 

Chapter 9 - Prohibited Acts and Penalties 

Section 

901 Prohibited Acts 

902 Penalties 
CHAPTER 1: LEGISLATIVE FINDINGS AND PURPOSE 

Section 101 - Authority. The Northern Arapaho Tripe is a 

sovereign, federally recognized Indian tribe. The Northern 

Arapaho Business Council is authorized under tribal law to 

promulgate tribal codes. This Code is enacted on the basis of 

the Tribe's inherent sovereign powers, and the Indian Gaming 

Regulatory Act, Pub. L. 100-497, 25 U.S.C. §§2701, et seq. 

Section 102 - Findings. 

(a) Self-Determination. An explicit goal of federal Indian 

policy, as enunciated among other places in the Indian Gaming 

Regulatory Act, is to promote tribal economic development, selfsuff iciency, and strong tribal government. The Tribe is deeply 

committed to these values. 

(b) Economic Pressures. The Tribe needs additional 

revenues to assist it in meeting its governmental 

responsibilities. 

(c) Gaming as an Economic Enterprise. Gaming is an 

appropriate subject for. a tribal enterprise because: 

(1) Congress has found that Indian tribes have the 

right to regulate gaming activity on Indian lands if the 

gaming activity is not specifically prohibited by federal 

law and is conducted within a state which does not, as a 

matter of criminal law and policy, prohibit such activity. 

25 u.s.c. §2701 (5). 

(2) Congress has provided a statutory basis for the 

operation of gaming by Indian tribes as a means of promoting 

tribal economic development, self-sufficiency, and strong 

tribal government. 25 U.S.C. §2702(1). 

(3) Wyoming law is not directly applicable on the 

Reservation, but federal law depends in part on certain 

policies underlying state gaming laws. Tribal gaming 

operations would not conflict with federal law. 

Section 103 - Purpose. The purpose of this Code is to provide 

for the sound regulation of all gaming activities within the 

Northern Arapaho Code 

Title 3. Gaming Code 

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Tribe's jurisdiction, to prevent improper or unlawful conduct in 

the course of such activities, and to promote tribal economic 

development, self-sufficiency, and strong tribal government. 

Section 104 - [Reserved] 

CHAPTER 2: GENERAL PROVISIONS 

Section 201 - Definitions. Tn constr11ing the provisions of this 

Code, words are to be given their ordinary meaning and usage. 

The present tense may include the past and future tenses, and the 

future tense may include the present. Terms of gender may 

include all genders. Use of a singular or plural term may 

include either or both. For purpose of this Code: 

(a) Act. "Act" means the Indian Gaming Regulatory Act, 

Pub. L. 100-497, 25 U.S.C. §§2701, et seq. 

(b) Agency. "Agency" means the Northern Arapaho Gaming 

Agency established by this Code. 

(c) Business Council. "Business Council" means the 

Northern Arapaho Business Council. 

(d) Class I Gaming. "Class I gaming" has the meaning set 

forth in the Act at 25 U.S.C. §2703(6) and 25 CFR §502.2. It 

means social games solely for prizes of minimal value or 

traditional forms of Indian gaming engaged in by individuals as a 

part of, or in connection with, tribal ceremonies or 

celebrations. 

(e) Class II Gaming. "Class II gaming" has the meaning set 

forth in the Act at 25 u.s.c. §2703(7) and 25 Ct'8. §502.3. ln 

general, it includes gaming such as bingo, pull-tabs, lotto, 

punch boards, tip jars, instant bingo, and other games Gimil~r to 

bingo. It also includes certain card games (although not 

blackjack (21) 0£ oLhe£ "banklng" ca£d games) Lo Lhe exlent such 

games are played in conformity with state law. 

(£) Class III Gaming. "Class III gaming" has the meaning 

set forth in the Act at 25 U.S.C. §2703(8) and 25 CFR §502.4. It 

includes all forms of gaming that are not class I or class II 

gaming. 

Northern Arapaho Code 

Title 3. Gaming Code 

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(q) Code. "Code" means this Tribal Gaming Code, including 

any amendments. 

(h) Commission. "Commission" or "NIGC" means the National 

Indian Gaming Commission established by the Act at 25 U. S.C. 

§2704. 

(i) Gaminq Employee. "Gaming employee" means any person 

employed by the Business Council, the gaming enterprise, or the 

Agency to perform or provide "gaming services" or to per·form any 

of the functions of the Agency with respect to gaming including, 

without limitation, investigations and compliance, but not 

including vendors (or employees of vendors) of the Business 

Council or the Agency. 

(j) Gaming Services. "Gaming services" means any service, 

assistance, product, supplies, or other thing of value provided 

to the Business Council or the Agency directly related to the 

conduct of class II or class III gaming. 

(k) Key Employee. "Key employee" means: 

(1) A person who performs one or more of the following 

functions: 

(A) Bingo caller; 

(B) Counting room supervisor; 

(C) Chief of security; 

(D) Custodian of gaming supplies, cash, chips, 

tokens, cash equivalents or other items to which the 

gaming operation has assigned an exchange value; 

(E) Floor manager; 

(F) Pit boss; 

(G) Dealer; 

(H) Croupier; 

(I) Approver of credit; 

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Title 3. Gaming Code 

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(J) Custodian of gambling devices including 

persons with access to cash, chips or tokens and 

accounting records within such devices; or 

(K) All surveillance staff. 

(2) If not otherwise included, any other person whose 

total cash compensation with respect to the gaming operation 

(excluding the Chairman and members of the Agency) is in 

excess of Fifty Thousand Dollars (CS0,000) per year. 

(3) If not otherwise included, the four (4) most 

highly compensated persons in the gaming operation. 

(4) All other persons deemed by the Agency to be key 

employees. 

(1) Net Revenues. "Net revenues" means gross gaming 

revenues of an Indian gaming operation less (i) amounts paid out 

as or for prizes; and (ii) total gaming-related operating 

expenses, excluding management fees. 

(m) Primary Management Official. "Primary Management 

Offici~l" or "PMO" means: 

(1) The chief executive officer, chief financial 

officer, chief operations officer, president or vicepresident of gaming, gaming operations, or gaming marketing, 

and any other person having management responsibility with 

respect to a gaming operation; 

(2) Any person who has authority to hire or fire 

gaming employees; or to set up working policy for the gaming 

operation; 

(3) The chief financial officer or other person who 

hds findncia.l ma.na.gemenL resportsibility with resIJecL lo d 

gaming operation; or 

(4) As determined by the Agency, any other person or 

entity with management responsibilities with respect to a 

gaming operation. 

(n) Procedures. "Procedures" or "Secretarial Procedures" 

means class III gaming procedures for the Northern Arapaho Tribe 

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which are prescribed by the Secretary of the Interior pursuant to 

25 U.S.C. 2710 (d) (7) (B) (vii). 

(o) Reservation. "Reservation" means the Wind River Indian 

Reservation. 

(p) State. "State" means the State of Wyoming, its 

authorized officials, agents, and representatives. 

(q) Tribe. "Tribe" means the Northern Arapaho Tribe, its 

authorized officials, agents and representatives. 

CHAPTER 3: AUTHORIZATION OF TRIBAL GAMING 

Section 301 - Tribal Gaming Authorized. The Business Council 

hereby authorizes the Tribe to offer all forms or methods of 

gaming which are lawful, or which may become lawful, under the 

Act or other applicable federal law, including internet gaming. 

Section 302 - Tribe to be Sole Gaming Proprietor. The Tribe, 

rather than individual Arapaho tribal members or others within 

the jurisdiction of the Tribe, shall have the sole proprietary 

interest in and responsibility for the conduct of any tribal 

class II or III gaming activity; provided, however, that the 

Agency may promulgate regulations which permit occasional 

community games operated by volunteers for limited purposes and 

prizes. This provision shall not preclude the Tribe from 

entering into a lawful management contract under 25 U.S.C. §2711. 

Section 303 - Separate License for Each Location. The Tribe 

shall issue a separate facility license to each place, facility 

or location where class II or III gaming will be allowed. 

Section 304 - Business Council Obligations. The Business Council 

is authorized and obligated to ensure competent gaming management 

and regulation by the Tribe. When evaluating resolutions by 

other entities of the Tribe regarding gaming, the Business 

Council shall consider the source and intent of such resolutions; 

complexity of gaming management and tribal/federal regulation; 

need for gaming revenue for tribal operations and regulation; 

profitability of gaming operations; legal obligations to lenders, 

Northern Arapaho Code 

Title 3. Gaming Code 

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vendors and employees; proper gaming management principles; 

continuity, leadership and reputation of Northern Arapaho gaming; 

process and expertise of the entity which adopted the resolution; 

requirements of tribal and federal law; and the Tribe's unique 

relationship with the United States regarding gaming. 

Section 305 - Compliance with Law; Inclusion of Secretarial 

Procedures. 

(a) Applicable Law. All tribal class II and III gaming 

operations shall be conducted in accordance with the Act, the 

Commission's regulations, other federal law, tribal law 

(including this Code and all regulaLlons and orders of Lhe 

Northern Arapaho Gaming Agency established under Chapter 4 of 

Lhls Code), and any Secretarial Procedures. This Code shall be 

construed in a manner which conforms to applicable law. 

(b) Incorporation of Secretarial Procedures. Secretarial 

Procedures now in effect or hereafter amended shall be 

incorporated into this Code. In the event ot any inconsistencies 

between the procedures and any provision of this Code, the 

Procedures shall govern. 

Section 306 - Gaming Task Force. The Business Council hereby 

establishes the Northern Arapaho Gaming Task Force, which shall 

consist of at least two (2) members of the Business Council, the 

chairman and other members of the Northern Arapaho Gaming Agency, 

the Regulator, the chief executive and chief financial officers 

of the Tribe's gaming facility, lead legal counsel for the Tribe, 

and such other persons as the Business Council may invite. The 

Task Force shall meet on a regular basis to coordinate and 

discuss issues regarding gaming management, regulation, 

compliance and policies. The Task Force shall provide 

information and recommendations to the Business Council designed 

to maintain ~omplian~e with applicable law, maximize gaming 

revenue, and enhance gaming operations and public confidence in 

gaming operated by the Tribe. 

CHAPTER 4: NORTHERN ARAPAHO GAMING AGENCY 

Section 401 - Agency Established. The Business Council hereby 

establishes a tribal agency to be known as the Northern Arapaho 

Northern Arapaho Code 

Title 3. Gaming Code _ _ , 2017 

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Gaming Agency ("NAGA" ), which shal l be responsible for the safe , 

lawful and honest operation of t he Tribe's c lass II and III 

gaming operations on the Reservation . The Agency is generally 

responsible for regulation of the gaming activities of the Tribe, 

e nforcement o f applicable gaming laws and regulations, and 

management of Age ncy staff and operations. The Business Council 

i s generally responsible for operation of the gaming activities 

o f the Tribe, enactment of tribal gaming laws, negotiations and 

a greements with other governments , oversi g h t of gaming facility 

staff and oversight o f gaming op eration s . 

Section 402 - Structure of Agency . 

(a) Nwnber . The Agency shall consist of three (3) members, 

one of whom shall be designated by the Business Counc il as 

chairman. 

(b) Appointment. The t hree membe rs of the Age ncy s hall be 

appoin ted by the Business Council a l one from members of t he Tribe 

whom the Business Council deems qualified, giving due weight to 

t he candidates ' e ducation, experience and integrity. Members of 

the Business Council may not s imultaneously serve as members of 

the Agency. 

(c) Term. All appointments s hall be for 3-year terms, 

staggered so tha t no more than one member is appointed each year; 

provided t hat i f a vacancy occurs fo r any reason , the Business 

Counci l shall appoint a replacement for the remai nder of the 

replaced person ' s ter m. 

(d) Removal . The chairman or Agency members may only be 

suspended or removed by a vote of at least four (4 ) members of 

the Business Council , for good cause . "Good cause" for removal 

includes: 

(1) Any failure to comply with the terms of this Code 

o r other appl icabl e l a w; 

(2) Failure to fai t hfully perform the duties of 

office; or 

(3) Any other act or omission reflect i ng adversely 

upon the fa ir and honest conduct of Tribal gaming or which 

reduces the effectiveness of the Tribe or the Agency in 

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Title 3 . Gaming Code 

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dealing with other officials or the public. 

(e) Registered Agent. The chairman of the Agency shall be 

the agent for service of process pursuant to 25 CFR §522.2(g). 

Until a chairman of the Agency is appointed, the chairman of the 

Business Council shall be the agent for service of process. 

Section 403 - Powers and duties of Agency. The Agency shull have 

the following powers and duties: 

(a) Regulatory Oversight. The Agency shall have primary 

responsibility for regulatory oversight of the Tribe's class II 

and III gaming operations. The Agency shall supervise its own 

staff and contractors and shall report to the Business Council. 

(b) Inspection. The Agency may employ inspectors (all of 

whom shall be llcensed as gamlng employees under this Code) who 

may be present at any gaming facility during any hours of 

operation, and who shall be under the sole supervision of the 

Agency and not under the supervision ot a contract manager or 

employee of the Business Council. Such inspectors shall have 

unfettered access to all areas of the gaming facilities at all 

t. i mP.s, i nr. l ud i ng 1 or.kP.d or sP.r.1irP.d a rP.as. PP. rsonnel employed by 

the gaming operation or a contract manager shall provide such 

inspectors inunediate access to all such areas on request at any 

time. Such inspectors shall report to the Agency regarding any 

failure by the gaming operation to comply with any applicable 

law, including this Code or any Secretarial Procedures. 

(c} Protection of Public Health, Safety and the 

Environment. The Agency shall assure that the construction, 

maintenance and operation of any tribal class II or class III 

gaming facility shall at all times be conducted in a manner which 

adequaLely proLecLs public healLh, safety and the environment, 

and complies with all applicable federal and tribal laws. In 

particular, the Agency shall prepare a plan for the protection of 

public safety and the physical security of patrons in each of its 

gaming facilities, setting forth the respective responsibilities 

of the Agency, the security department of the gaming operation, 

any tribal police agency, and if appropriate, any federal, state 

or local police agency. The Agency shall review and approve 

floor plans and surveillance systems for each gaming facility and 

may confer wllh oLher governmental or private parties regarding 

the adequacy of such plans and systems. The Agency shall enforce 

Northern Arapaho Code 

Title 3. Gaming Code 

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the health and sa f ety standards applicable to t he gaming 

facilities in accordance with this Code . A gaming operation must 

obtain a certificat e of compliance , which shall be issued by the 

Agency upon a determination that t he gaming facility complies 

with such standards. 

(d) Resolution of Complaints. All written complaints from 

any person rega r ding any aspect of gaming operations shall be 

reviewed by t h e Agency a nd ret a i ned for at least f ive (5) years. 

The Agency , incl uding on-site inspector s, may assist in seeking 

vol untary resol uti on of any complaints. The Agency may receive 

any complaint from an employee of t he gaming operation (except 

wi th respect to personnel issues not involving v iolations of this 

Code or Agency regulations) or any member of the public who 

claims to be adversely affected by an act or omission of the 

gaming operation or any person associated with it which is 

alleged to be unlawful or improper and may requ ire such remedial 

action as i t deems appropriate to bring the gaming operation into 

compl iance. The Agency may f or t his p u rpose, i n i ts sole 

d i scretion, conduct a 0 earing and receive evidence wi th regard to 

such complaint if i t deems an evidentiary proceedi ng useful to 

resolve such complaint . Notwithstanding the above , licensing 

disputes, patron disputes regarding particular wagers, and 

disputes regarding the imposition of penalties shall be resolved 

a s set forth in Chapte r 8 of this Code . 

(e) Investigations. The Agency may on its own initiative 

i n v estigate any aspect of t he gami ng operation to prot ect the 

public interest in the integrity of s uch gaming act ivities and to 

prevent or remedy i mproper or unl awf ul cond uct in t h e course of 

such gaming activities. The Agency shall invest i gate any report 

of a failure of the gaming operation to comply with applicable 

law, including the provisions of Secretarial Procedures, and may 

require the gaming operation to take any corrective action the 

Agency may de termine appropriate . The Agency may compel any 

person or entity, whether or not a licensee or person employed by 

or doing business with the gaming operation, to appear before it 

and to provide s u ch information, documents or o ther materials as 

may be in their possession o r con trol t o assist in any such 

i nvestigation . The Agency may issu e its own subpoenas or seek 

s ubpoenas from the Tribal Court in f urtherance of i ts authority 

under this paragraph. Any lice n se issued by the Agency may be 

revoked and any application to the Agency may b e denied for 

fa ilure to coop erate with respec t to Agency investigations or 

subpoenas. 

Northern Arapaho Code 

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(f) Background Investigations; Gaming Licenses. The Agency 

shall conduct, or have conducted, any background investigations 

required or permitted under applicable law, and shall issue, 

suspend, and revoke all licenses pertaining to class II or III 

gaming. 

(g) Coordination with Other Agencies. The Agency shall 

coordinate its activities and cooperate with other relevant 

agencies, including the Commission and other federal agencies, 

und uny ugencies of the StQtC with which the Tribe cooperates. 

The Agency may provide any information to such agencies which 

must or may be provided under applicable law. 

(h) Coordination with Private Entities. The Agency shall 

regulate and, to the extent appropriate, coordinate its 

acL.iv.iL.ies w.ith any conlracL manager and any other contracLo.cs, 

vendors, suppliers or other private entities with any involvement 

in any aspect of gaming operations. 

(i) Regulations. ~he Agency may promulgate, review and 

revise as necessary regulations, rules and procedures to govern 

and facilitate the regulation and licensing of gaming operations, 

personnel or entities in accordance with applicable law. Such 

regulationG, rule~ and procedures shall be subject to rescission 

or amendment by the Business Council. 

(j) Secretarial Procedures. The Agency shall carry out 

each of the responsibilities and duties set forth for the Agency 

in Secretarial Procedures. 

(k) Establishment of List of Barred Persons. The Agency 

may bar any person from working or gaming at the Tribe's gaming 

facilities if in the view of the Agency such person's history, 

associations, reputation, habits or behavior poses a threat to 

the iutegrity of tribi:il gi:l.mim;J d.c..:Llvllle~ or Lo Lhe ~d[e ctILd 

lawful operation of those activities, or if that person so 

requests. This list may be shared with other public or private 

agencies under subsections (g) and (h) above. 

(1) Technical Standards. The Agency shall promulgate, 

review, revise and enforce, as necessary, technical standards and 

rules of each game of chance operated by the Tribe. 

(m) Penalties. The Agency may impose penalties for 

violations of this Code or Secretarial Procedures in accordance 

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wit h Chapter 9 of t his Code. 

(n) Legal Remedies. The Agency or Regulator may in its own 

name bring any c ivil action or criminal complaint in the courts 

of the Tribe, State or the United States to enfor c e the 

provisions of this Code, the Act or Secretarial Procedures, or to 

en join or otherwise prevent any v iolation of this Code , the Act 

or procedures o ccurring on the Reservation. However, the Tribe, 

including t he Agency and Regulator, and any o f i ts agen t s acting 

withi n the ir authori ty shall retain sovereign irrununity f rom suit 

for damages, fees or costs in any court or t ribunal, inc luding 

immunity from counterclaims for the same , except as specifically 

provided other wise in this Code. 

(o) Emergency Action by Agency Members. If emergency 

ac tion is required to protect the public interest in the 

integrity of tribal gaming activities, or t he safe and lawful 

operation of those activities, and there is i nsufficient t ime to 

convene a meeting of t he Agency , the chairman of the Agency, or 

any other member of t he Agency acting i n t he absence of the 

chairman, may issue in the name of the Agency any order which the 

Agency has the power to issue to any employee or contractor of 

t he gaming operation or to any other person within the 

jurisdiction o f t he Tribe to take a ny action or cease and desist 

f rom any action as may be requ ired to protect such interest. Any 

such emergency orde r must be reviewed by the Agency at its 

earliest opportunity, whereupon it may be confirmed or vacated by 

the Agency . An u n reviewed or unconfirmed emergency order issued 

under t his Section will lapse within ten (10) days, and must so 

state . 

(p) Agency Records. All minutes of meetings, resolutions 

a nd other recor ds maintained by the Agency shall be available to 

the Business Co u ncil upon request . 

Section 404 - Requirements for Self-Regulation by the Tribe. 

(a) Agency to be Independent. Recognizing t he importance 

of an independent tribal gaming commission in maintaining a wellregulated gaming operation, the NAGA shall at all times be 

independent and autonomous from the Business Council in all 

matters withi n its purview. No p rior or subsequent review by the 

Business Council of any actions of the NAGA shall b e required or 

permitted except as otherwise explicitly provided in this Code. 

Norther n Arapaho Code 

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To avoid potential conflicts of interest between the operation 

and regulation of the gaming facility, the Tribe hereby finds 

that, at a minimum: 

(1) No member of the Business Council or any gaming 

management board or advisory board may serve on the N~G~; 

(2) No person may be appointed to the NAGA who at the 

time of their appointment is a spouse, parent, child or 

sibling (including those by adoption or marriage and halfsiblings) of any Business Council member or who is living 

with any Business Council member; 

(3) MernbeLs of Lhe NAGA a.re p.rohi.biLed I.r:om gambling 

in the facility; and 

(4) Members of the NAGA are prohibited from accepting 

complimentary items from the qaminq operation and are 

prohibited from accepting from the gaming operation, in any 

calendar year, any promotional item with a value exceeding 

Fifty Dollars ($50). 

(b) Disputes over decisions of the NAGA are to be resolved 

according to that section of Secretarial Procedures concerning 

the resolution of gaming disputes (Section III.C.). 

(c) Role of the Regulator. The Business Council alone 

shall select or terminate (subject to subsection (3) below) a 

Regulator whose duties shall include compliance with the 

provisions of this Section. 

(1) The Tribe must post a notice to patrons that 

states: 

THIS FACILITY IS REGULATED BY ONE OR MORE OF THE 

FOLLOWING: THE NATIONAL INDIAN GAMING COMMISSION 

AND THE GOVERNMENT OF THE NORTHERN ARAPAHO TRIBE. 

THIS FACILITY IS NOT REGULATED BY THE STATE OF 

WYOMING. 

(2) The Regulator must be subject to the Commission's 

background investigation and licensing standards for key 

employees and Primary Management Officials set forth at 25 

C.F.R. §§556 and 558, including the requirement that 

background information and suitability determinations be 

Northern Arapaho Code 

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forwarded to NIGC. Both the Tribe and NIGC must find the 

Regulator eligible under §558.2. 

(3) The Regulator may be fired only for cause and 

after notice to NIGC. Disputes over firing are to be 

resolved according to that Section of Secretarial Procedures 

concerning the resolution of gaming disputes (Section 

III.C.). 

(4) The Regulator must assure that the Tribe complies 

with all Secretarial Procedures and the Appendices and 

Regulations attached thereto. Documentation of compliance 

is required and must be supplied to NIGC upon request. 

(5) The Regulator must establish and maintain a time 

frame for performing routine preventive maintenance and 

testing of machines pursuant to the Tribe's and NIGC 

Regulations. What constitutes appropriate testing will 

depend upon the games being played. 

(6) The Regulator must notify NIGC of all class III 

games to be placed in the Tribe's gaming operation before 

installation. The Tribe, at no expense to NIGC, will submit 

a game for testing by an independent laboratory upon the 

request of NIGC if NIGC questions the legality of the game. 

Unless the parties otherwise agree to a shorter period, at 

least thirty (30) days before any games otherwise authorized 

under this agreement is conducted at the Gaming Facility the 

Regulator shall: 

(A) Ensure that the Tribe's gaming facility 

develops rules and procedures for a system of internal 

controls for the new game that meets the minimum 

standards established in the Appendix to the 

Secretarial Procedures. 

(B) Require that the Tribe's gaming facility 

provide appropriate training for all dealers, 

supervisors, surveillance personnel and any other 

employees involved in the conduct or regulation of the 

new game and for the NAGA, such that those employees 

have the knowledge and skills required under typical 

industry standards for the job function that employee 

performs. 

Northern Arapaho Code 

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(C) Ensure that the Tribal Gaming Operation 

establishes a security and surveillance plan tor the 

new game that meets the minimum standards established 

in the Appendix to the Secretarial Procedures. 

(D) Adopt rules of operation for the qame that 

meet the minimum standards established in the Appendix 

to the Secretarial Procedures, including rules of play 

and standards for equipment. 

(E) Send documentation to NIGC that the preceding 

requirements have been met. 

(7) The Regulator and NIGC will meet in person or 

through conference call every two (2) weeks, commencing with 

the first offering of class III gaming, in order to discuss 

the Tribe's compliance with the Secretarial Procedures. 

After NIGC is assured that the gaming is being adequately 

regulated, the parties may commence to meet once each 

quarter to discuss the Tribe's class III gaming. However, 

if at any time NIGC deems it necessary for effective 

regulation, NIGC shall require the Tribe to meet more 

frequently. 

(8) The Tribe must provide an adequate and reliable 

yearly budget for the Regulator's position. The Regulator's 

expense from a previous year, based on hours required to 

perform lhe work, will provide the basis reimbursement of 

the Regulator in subsequent years. 

(9) The Regulator shall notify NIGC of any regulations 

or procedures that the Tribe promulgates covering any of the 

following: 

(A) Limits on wagering; 

(B) Limit3 on number of gnming device3, tnble 

games, etc.; 

(C) Extension of credit; 

(D) ATM's and credit card advance machines; 

(E) Check cashing; 

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(F) Program to address problem gamblers, 

including training of casino staff; 

(G) Minimum payback value of credit, e.g., 75%, 

80%; 

(H) Death of a gaming patron - redemption of 

gaming tokens and chips; 

(I) Hours of operation; 

(J) Interagency cooperation, e.g., honoring of 

state or local police warrants; 

(K) Prohibition on controlled substances; 

(L) Honoring of garnishments for child support, 

etc.; or 

(M) Minimum employee age. 

(10) The Regulator shall maintain and make available to 

NIGC a procedural manual for gaming facility employees that 

includes rules and regulations of conduct and disciplinary 

standards for breach of procedures. This manual will 

ordinarily be separate from, and in addition to, human 

resource policy manuals. 

(11) Failure of the Tribe or Regulator to comply with 

any of these provisions or with any provision incorporated 

in the Secretarial Procedures is grounds for enforcement by 

the NIGC. 

(c) Legal Remedies. The Regulator may in his own name 

bring such legal proceedings or seek such legal remedies as the 

Agency may bring or seek pursuant to Section 403 (n) . 

Section 405 - Agency Operations. 

(a) Quorwn and Votinq. Two (2) Agency members shall 

constitute a quorum. The chairman may vote and shall preside 

over all meetings. Action by the Agency should be by consensus, 

but if consensus cannot be achieved, shall be by majority vote. 

Whenever Agency action is not unanimous, majority and minority 

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views shall be in writing and shall be retained in the records of 

the Agency. 

(b) Recusal. No member of the Agency shall participate in 

any decision directly involving the gaming license, employment, 

or the direct monetary interest of his spouse, child, parent or 

sibling, by blood or adoption. A member of the Agency may 

voluntarily recuse himself and decline to participate in any 

Agency action or decision when the member, in his own discretion, 

believes he could not uct fairly or without bias, or that there 

would be an appearance that he could not so act. 

(c) Vice-Chairman; Alternative and Temporary Members. The 

Ayew..:y 0hctl 1 0elec L <.me o [ .i Ls 11ternber. s Lo ser. ve as v .i.ce-chainnan. 

If the chairman is unavailable because of recusal or any other 

reason, Lhe v.ice-chai.rman shall serve as acting chairman. If lhe 

vice-chairman is also unavailable, the third member of the Agency 

may serve as acting chairman. The Business Council may appoint 

alternative or temporary members, who shall be members of the 

Tribe, on such terms as the Business Council deems appropriate. 

(d) Meetings. 

(1) Regular meetings of the Agency shtill be held ut 

least once every fourteen (14) calendar days at such 

specific times and places as the Agency determines. Unless 

otherwise specified by the Agency, no notice of such regular 

meetings shall be necessary. Special meetings may be called 

by the chairman or two members of the Agency. Neither the 

business to be transacted at, nor the purpose of any regular 

or special meeting, need be specified in any notice of the 

meeting. 

(2) Any action required or permitted to be taken at a 

mE;;E;;ting uf thE;; AgE;;ncy mo.y l>e takeH wiLhouL d. meeliil<:J lf edCh 

member signs a written consent to the action. Such consents 

shall be filed with the minutes of the Agency. 

(3) Members of the Agency may participate in u meeting 

by conference telephone or similar communications equipment 

by which all persons participating in the meeting can hear 

each other. 

Section 406 - Executive Director and Staff. 

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(a) The Agency may select an executive director and such 

other staff as are reasonably necessary to the Agency in 

fulfillment of its obligations on such terms and conditions as 

the Agency may determine. The director shall be a salaried 

employee whose salary shall not be dependent on a percentage of 

gaming revenues. Unless another individual is selected, the 

chairman of the Agency also sh~ll serve as executive director. 

The director shall have the following powers and duties: 

(1) The director shall have day-to-day responsibility 

for coordinating the nctions of the Agency; 

(2) The director shall have initial responsibility for 

conducting or arranging for background investigations; 

(3) The director shall make recommendations to the 

Agency regarding the grant or denial of any license, the 

imposition of any penalty, the investigation of any 

complaint, or any other action within the jurisdiction of 

the Agency; 

(4) The director may be delegated the authority by the 

Agency to conduct any hearing, investigation or inquiry. In 

the course of such activities, the director shall have 

authority to compel the production of any information or 

documents, and otherwise exercise the investigatory powers 

of the Agency. 

(5) The director shall perform such tasks as assigned 

by the Agency and shall report to the Agency; and 

(6) If emergency action is required to protect the 

public interest in the integrity of tribal gaming 

activities, or the safe and lawful operation of those 

activities, and there is insufficient time to convene a 

meeting of the Agency or to locate the chairman of the 

Agency or any other member of the Agency, the director may 

issue in the name of the Agency any order which the Agency 

has the power to issue to any employee or contractor of the 

gaming operation or to any other person within the 

jurisdiction of the Tribe to take any action or cease and 

desist from any action as may be required to protect such 

interest. Any such emergency order must be reviewed by the 

Agency at its earliest opportunity, whereupon it may be 

confirmed or vacated by the Agency. An unreviewed or 

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unconfirmed emergency order issued under this Section will 

lapse within ten(lO) days, and must so state. 

(b) Neither the Regulator nor any member of the Aqency, 

including the chairman or director and independent contractors of 

the Aqency, shall enqaqe in any qaminq at any qaminq facility or 

operation of the Tribe at any time (whether on or off duty). 

Violation of this Section shall result in immediate termination 

from his employment or appointed position or termination of 

contrQct, but shnll not constitute grounds for termination or 

suspension of gaming licenses or permits. 

Section 407 - Gaming Manager/Chief Executive Officer and Staff. 

(a) The Business Council alone shall select or terminate a 

Gaming Manager/Chief Executive Officer (CEO) on such terms and 

conditions as the Business Council may determine. The manager 

alone shall select or terminate such other staff as are 

reasonably necessary for the conduct of the gaming operations of 

the Tribe on such terms and conditions as the manager may 

determine. The manager shall be a salaried employee. The 

manager shall have the following powers and duties: 

(1) The manager shall have day-to-day responsibility 

for the gaming operations of the Tribe and shall coordinate 

with the Agency or its director reqardinq compliance of such 

gaming operations with this Code and other applicable law; 

(2) The manager shall have authority to remove or 

arrange for the removal from the gaming operation premises 

of disruptive or disorderly persons; 

(3) The manager or his designee shall have 

responsibility for attempting to resolve patron disputes, as 

described in Section 802; and 

(4) The manager shall have such other duties as are 

assigned by the Business Council. 

(b) Material breach by the Tribe or Business Council of an 

employment contract between the Business Council and CEO or 

Regulator shall entitle the parties to alternative dispute 

resolution pursuant to 1 N.A.C. 101, et seq. (arbitration), or 

such other remedies provided to parties generally under the S&A 

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LOC. This Section constitutes a requirement by controlling law 

for the purposes of S&A LOC 1-8-5. 

(c) The Agency shall promulgate specific regulations 

regarding gaming by gaming employees consistent with the 

following rules: 

(1) Neither the manager nor any Primary Management 

Official shall engage in gaming at any Northern Arapaho 

gaming facility or operation at any time (whether on or off 

duty); 

(2) No gaming employee and no independent contractor 

of a Northern Arapaho gaming facility shall participate as 

patrons in any "giveaways," "hot seats," or other special 

promotions at any Northern Arapaho gaming facility or 

operation at any time (whether on or off duty); 

(3) No gaming employee and no independent contractor 

of a Northern Arapaho gaming facility shall engage in any 

gaming at any Northern Arapaho gaming facility or operation 

at any time (whether on or off duty) if their duties as 

employee or contractor include any role with respect to that 

particular gaming; for example, slot technicians cannot play 

slot machines and card dealers cannot play cards at any 

time. Surveillance staff may only engage in slot machine 

gaming and only while off duty and shall be subject to any 

applicable Agency regulations; and 

(4) No gaming employee and no independent contractor 

of a Northern Arapaho gaming facility shall engage in any 

gaming at any Northern Arapaho, or at any other, gaming 

facility or operation while wearing or displaying a gaming 

license from the Agency, a gaming employee identification 

badge, or any other tag, label, uniform or other item which 

reasonably could identify the person as being an employee or 

licensee of a Northern Arapaho gaming facility or operation. 

(5) These prohibitions shall remain in effect 

throughout the person's period of employment or contract and 

for an additional thirty (30) days after termination or 

expiration of the same. Violation of this Section shall 

result in immediate termination from his employment or 

termination of contract, but shall not constitute grounds 

for termination or suspension of gaming licenses or permits. 

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Section 408 - Political Activity; Prohibitions. 

(a) No chairman or member of the Agency and no Regulator 

shall: 

(1) Take an active part in political campaigns for 

election to public office of the Tribe; 

(2) Use his official authority or influence for the 

purpose of lnterfe.ring with or affecting the result of an 

election to public off ice of the Tribe; 

(3) Knowingly solicit, accept or receive a political 

contribution from any person; 

(4) Run for the nomination or as a candidate for 

elec:t.i0n t.o puhl i c: offi CP of the 'Tribe; 

(5) Knowingly solicit or discourage the participation 

in any tribal political acllvily of dny peLson who: 

(A) Has an application for any compensation, 

grant, contract, ruling, license, permit or certificate 

pending before the Agency; or 

(B) Is the subject of or a participant in an 

ongoing audit, investigation or enforcement action 

being carried out by the Agency; or 

(6) Subject to subsection (b), an individual retains 

the right to vote as he chooses and to express his opinion 

on political subjects and candidates. 

(b) No gaming employee, including the manager and 

independent contractors and no employee or member of the Agency, 

including the chairman, and no Regulator shall engage in 

political activity while that person is on duty; in any room or 

building occupied in the discharge of the person's official · 

duties; while wearing a uniform or official insignia identifying 

the office or position of the Agency employee, manager, member, 

or chairman; or using any vehicle owned or leased by the Agency, 

or use any equipment or property of the Tribe or the Agency for 

the purpose of engaging in or promoting political activity. 

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(c) Any individual who violates this Section shall be 

removed from his position or otherwise disciplined in the sole 

discretion of the Business Council or its designee, except with 

respect to employees or contractors of the Agency, who shall be 

removed or otherwise disciplined in the sole discretion of the 

Agency or its designee, pursuant to personnel rules established 

by the Business Council or the Agency, and except with respect to 

the Regulator, whose removal or discipline shall be consistent 

with the provisions of Section 404 (b) (3) of this Code and the 

Secretarial Procedures. 

Section 409 - Standards of conduct for Chairman and Members of 

Agency and Regulator. 

(a) Policy. The chairman and members of the Agency and the 

Regulator shall maintain high standards of honesty, integrity and 

impartiality and shall avoid any actions which could reflect 

adversely on the Tribe or jeopardize their fitness for office or 

effectiveness in dealing with other tribal officials, other 

governments or entities, or with the public. 

(b) No Interest in Contracts. No chairman or member of the 

Agency and no Regulator shall be financially interested in any 

contract, grant, work, business or other particular matter 

administered or controlled by the Agency or the Tribe, unless 

such activity is conducted by competitive bid process with such 

official first disclosing his interest and thereafter having no 

participation in the decision on that contract, grant, work, 

business, or matter or the performance thereof. 

(c) No Interest in Property. No chairman or member of the 

Agency and no Regulator shall be financially interested in the 

purchase of any real or personal property of or by the Agency or 

the Tribe, except on such terms and conditions as such property 

is generally available for sale to, or for purchase from, the 

general public or the members of the Tribe. 

(d) Gifts. No chairman or member of the Agency and no 

Regulator shall solicit or accept, directly or indirectly, any 

gift, gratuity, favor or loan from a person who has financial 

interests that may be substantially affected by the performance 

or non-performance of that official's duties. 

(e) Use of Tribal Property and Moneys. No chairman or 

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member of the Agency and no Regulator shall use or receive any 

pay or thing of value from the Tribe, other than his salary for 

any work coming within the scope of his duties or reimbursement 

for reasonable expenses, nor receive or convert to his own use, 

even temporarily on loan, any property or money belonging to the 

Tribe for other than official purposes, nor use tribal purchase 

authority, even though reimbursement is made, for personal 

acquisitions. 

(f) Gaming. No chairman or member of the Agency and no 

Regulator shall engage in any gaming at any gaming facility or 

operation of the Tribe at any time (whether on or off duty) ~ 

(q) Sanctions. Any individual who violates this Section 

shall be removed from his position or otherwise disciplined in 

the sole discretion of the Business Council, except with respect 

to the Regulator, whose removal or discipline shall be consistent 

with the provisions of Section 404 (b) (3) of this Code and the 

Secretarial Procedures. 

CHAPTER 5: FINANCIAL MATTERS 

Section 501 - Application of Net Revenues. 

(a) Net revenues from any tribal gaming activity are not to 

be used for any purpose other than: 

(a) To fund tribal government operations or programs; 

(b) To provide for the general welfare of the Tribe 

and its members (including per capitas conforming to the Act 

at 25 u.s.c. §2710 (b) (3)); 

(c) To promote the Tribe's economic development; 

(d) To donate to charitable organizations; 

(e) To help fund operations of local government 

agencies; or 

(f) Other purposes permitted under the Act. 

(b) At least two and one-half percent (2.5%) of the net 

revenue from gaming shall be dedicated to the purchase of land by 

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and in the name of the Tribe. Said percentage shall be 

calculated based on the prior year's annual net revenue and shall 

be paid by the gaming enterprise(s) directly into a trust account 

established for this purpose and managed in accordance with 

fiduciary principles. Such payment shall be made in equal 

monthly installments or, in the alternative, may be prepaid in 

one or more lump sums. 

Section 502 - Budgets. The Agency shall propose to the Business 

Council an annual operating and capital budget by October 20 of 

each year and may, in accordance with the budget, employ staff 

necessary to fulfill its responsibilities; and with the approval 

of the Business Council may retain legal counsel, consultants and 

other professional services, including investigative services, to 

assist it. Such expenses of the Agency shall be assessed against 

the gaming operation. The Business Council shall approve, or 

modify and approve, the Agency's budget by December 31 of each 

year. The Business Council shall provide such funding for the 

Agency as is reasonably necessary for the fulfillment of the 

Agency's obligations under this Code. 

Section 503 - Audits. All gaming authorized under this Code 

shall be audited by an independent certified public accountant, 

at least annually, as required under 25 CFR §522.4(b) (3), and 

copies of the annual audit shall be provided to the Business 

Council, Agency and the Commission. All gaming-related contracts 

that result in purchase of supplies, services or concessions for 

Twenty-Five Thousand Dollars ($25,000) in any year (except 

contracts for professional legal or accounting services) shall be 

specifically included within the scope of such audit. The Agency 

or Business Council may call for special audits at any time. 

Section 504 - Financial Management. Unless otherwise 

specifically approved in writing by the Business Council, all 

financial matters of the Agency, including, without limitation, 

all purchase orders, payments, financial records and payroll, 

shall be processed through and by the Finance Department of the 

Tribe in accordance with general financial procedures approved by 

the Business Council. Gaming enterprise management and the 

Business Council shall be governed by fiduciary or trust 

principles and the obligation to exercise due care and prudent 

business judgment, including the obligation to avoid a material 

breach or default of any loan agreement involving the gaming 

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facilities or gaming assets. 

CHAPTER 6: BACKGROUND INVESTIGATIONS FOR 

PRIMARY MANAGEMENT OFFICIALS AND KEY EMPLOYEES. 

Section 601 - Required Background Investigations. All Primary 

Management Officials and key employees of any class II or III 

gaming operation, including the chairman and members of the 

Agency and the gaming manager, shall be subject to background 

investigations required by the Act, Commission regulations, this 

Code, and Secretarial Procedures. Background investigations 

shall be conducted at the outset of employment, shall be ongoing, 

and shall be at least as stringent as those in Parts 556 and 558 

of Title 25 of the Code of Federal Regulations ("CFR"). The 

Business Council may accord responsibility to another entity with 

respect to background investigations. Otherwise, the Agency 

shall be directly responsible for such investigations. 

Section 602 - Statement of Responsibilities. The Tribe is 

responsible for the conduct of background investigations and 

suitability determinations. The Agency shall have primary 

responsibility of conducllng and caus.ing Lo be conducled Lhe 

background investigations, except that the Business Council shall 

have such responsibility with respect to the chairman and members 

of the Agency. Once an executive director of the Agency (or the 

chairman, in his stead) has been fully investigated and approved, 

the Agency may delegate to the director or the chairman the duty 

of conducting or causing to be conducted investigative work 

regarding other key employees and Primary Management Officials, 

if any, subject to the review and approval of the Agency. 

Selection of the above approach is based on the necessity of 

assuring adequate oversight and investigation of all key 

employees and Primary Management Officials. 

Section 603 - Notices to Applicants. Any application forms for a 

key employee or Primary Management Official shall include a 

privacy notice pursuant to 25 CFR §556.2, a notice regarding 

penalties for false statements pursuant to 25 CFR §556.3, and any 

other notices required by applicable law. 

Section 604 - Information from Applicants. The Agency shall 

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obtain from any candidate for Primary Management Official or key 

employee at least the following information: 

(a) Full name, other names used (oral or written), Social 

Security number(s), birth date, place of birth, citizenship, 

gender, and all languages (spoken or written); 

(b) Currently and for the previous five (5) years: all 

business and employment positions held, ownership interests in 

those businesses, business addresses, and driver's 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 subsection (d) below; 

(d) Currently and for five (5) previous years: all 

residence addresses; 

(e) Current business and personal telephone numbers; 

(£) A description of any existing and previous business 

relationship with Indian tribes, including ownership interests in 

those businesses; 

(g) A description of any existing and previous business 

relationships within the gaming industry, including ownership 

interests in those businesses; 

(h) 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; 

(i) For each felony for which there is an ongoing 

prosecution or a conviction: the charge, the name and address of 

the court involved, the date, and the disposition; 

(j) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) for ten (10} 

previous years: the charge, the name and address of the court 

involved, the date, and the disposition; 

(k) For each criminal charge (excluding minor traffic 

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charges), whether or not there is a conviction, if such criminal 

charge is within ten (10) years of the date of the application 

and is not otherwise listed: the criminal charge, the name and 

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

(1) 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; 

(m) ~ current photograph; 

(n) Any other information the Agency or Business Council 

deems relevant; and 

(o) fingerprints. 

Section 605 - Rules regarding Background Investigations. 

(a) Confidentiality of Third-Party Sources. The Tribe, the 

Agency, and all affiliated agents and employees shall keep 

confidential the identity of each person interviewed in the 

course of a background investigation. 

(b) Retention of Records. The Agency shall maintain and 

retain applications for employment and reports, if any, of 

background investigations for at least three (3) years from the 

date made or date of termination of employment, whichever is 

later. Such records shall be made available to the Business 

Council or Commission on request. 

(c) Content of Investigation Report. Background 

investigations must be of sufficient quality to enable the Agency 

to make a determination under Section 604. All relevant 

information submitted by the applicant should be verified by 

written or oral communication and noted in the report. The 

investigation must include a thorough inquiry into the 

applicant's prior activities, criminal record, if any, and 

reputation, habits and associations. It must also include 

interviews with a sufficient number of knowledgeable people such 

as former employers, personal references, and others referred to 

in order to provide a basis for the Tribe to make a finding 

concerning the eligibility for employment in a gaming operation. 

The disposition of all potential problem areas noted and 

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Title 3. Gaming Code 

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disqualifying information obtained must be thoroughly documented. 

An investigative report shall include: 

(1) A statement of all steps taken in conducting the 

background investigation; 

(2) A statement of the results obtained; 

(3) A statement of the conclusions reached by the 

investigator; and 

(4) The bases for those conclusions. 

Section 606 - Eligibility Determinations. 

(a) An authorized tribal official 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 a Primary Management Official for granting of a 

gaming license. If the authorized tribal official, in applying 

the standards adopted in a tribal ordinance, determines that 

licensing of the person poses a threat to the public interest or 

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

dangers of unsuitable, unfair or illegal practices and methods 

and activities in the conduct of gaming, an authorizing tribal 

official shall not license that person in a key employee or 

Primary Management Official position. 

(b) The Tribe's gaming operation shall not employ in a key 

employee or Primary Management Official position a person who has 

supplied materially false or misleading information or who has 

omitted material information required by law. 

Section 607 - Reporting to the Commission. 

(a) Notification regarding Background Investigations and 

Eligibility Determinations. The Agency shall forward to the 

Commission the following with respect to all persons investigated 

as candidates for Primary Management Official or key employee: 

(1) All application information described in Section 

604 above; 

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Title 3. Gaming Code 

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(2) The investigative report described in Section 605; 

(3) The Agency's eligibility determination described 

in Section 604; and 

(4) A notification of the Agency's hiring decision. 

(b) Procedure Following Decision to Hire Key Employee or 

Primary Management Official. 

(1) When a key employee or a Primary Management 

Official begins work at a gaming operation, the Agency 

shall: 

(A) Forward to the Commission a completed 

application tor employment that contains the notices 

and information listed in 25 CFR §§556.2 (privacy 

notice); 556.3 (notice regarding false statements), and 

556.4 (background investigations); and 

(B) Comiucl d bdckyround investigation under 

25 CFR part 556 and Sections 601 through 606 of this 

Code to determine the eligibility of the key employee 

or Primary Management Official for continued employment 

in a gaming operation. 

(2) Upon completion of a background investigation and 

a determination of eligibility for employment in a gaming 

operation under this Code, the Agency shall forward a report 

under 25 CFR §556.5(b) and this Code to the Commission 

within sixty {60) days after an employee begins work, or 

within sixty (60} days of the approval of this Code by the 

chairman of the Commission. A gaming operation regulated 

under this Code shall not employ a key employee or Primary 

Management Official who does not have a permanent license 

after ninety (90) days. 

(3) During a 30-day period beginning when the 

Commission receives a report submitted under this Code, the 

chairman of the Commission may request additional 

information from the Tribe concerning ti key employee or ti 

Primary Management Official who is the subject of such 

report. Such a request shall suspend the 30-day period 

until the chairman receives the additional information. 

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(4) If, within the 30-day period described in the 

above subsection, the 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 the 

required application and investigative report to the 

Commission, the Agency may go forward and issue a license to 

such applicant. 

(5) If, within the 30-day period described in 

subsection 607 (b) (3) above, the Commission provides the 

Tribe with a statement itemizing objections to the issuance 

of a license to a key employee or to a Primary Management 

Official for whom the Tribe has provided the required 

application and investigative report to the Commission, the 

Tribe shall reconsider the application, taking into account 

the objections itemized by the Commission. The Tribe shall 

make the final decision whether to issue a license to such 

applicant. 

(6) If, after the issuance of a gaming license, the 

Commission notifies the Tribe that it has received reliable 

information indicating that a key employee or Primary 

Management Official is ineligible for employment under 

applicable law, the Tribe shall suspend the license of such 

person and notify in writing the licensee of the suspension 

and the proposed revocation. The Tribe shall notify the 

licensee of the time and place for a hearing on the proposed 

revocation of a license. After a revocation hearing, the 

Tribe shall decide to revoke or to reinstate a gaming 

license. The Tribe shall notify the Commission of its 

decision. 

CHAPTER 7: LICENSES 

Section 701 - Licenses. All gaming employees shall be required 

to obtain a tribal license from the Agency, and for that purpose 

the Agency shall conduct or cause to be conducted background 

investigations of all such persons (who are eighteen (18) years 

of age or older) or entities and shall deny or revoke such 

licenses for any whose prior activities, criminal record, if any, 

or reputation, habits and associations pose a threat to the 

public interest or to the effective regulation of gaming, or 

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create or enhance the dangers of unsuitable, unfair or illegal 

practices and methods and activities in the conduct of gaming. 

No license shall be issued to any person convicted of a felony or 

gaming offense. No license shall issue for a term exceeding 

twenty-four (24) months, but licenses may be renewed in 

accordtince with rules or procedures established by the Agency. 

Temporary licenses may be issued in accordance with rules or 

procedures established by the Agency, but shall expire no later 

than 90 days after issuance and may not be renewed. 

Section 702 - Backqround Investigations. Before issuing a 

license to a gaming employee, the Agency shall forward the 

results of any background investigation to the Commission. 

Section 703 - Additional Requirements. The Tribe shall meet the 

following additional requirements: 

(a) Before issuing a license to a PMO or to a key employee, 

the Tribe must submit a notice of results of the applicant's 

background investigation to the Commission no later than sixty 

(60) days after the applicant begins work, which includes 

specific items to be included in the notice of results. 

(§556.6(b) (2)); 

(b) The Tribe must reconsider a license application for a 

PMO or key employee if, within thirty (30) days of NIGC receiving 

notice of results, NIGC provides the Tribe with a statement 

itemizing the objections to issuance of such license. 

(§558.2(c)); 

(c) The Agency must notify NIGC of the issuance of a 

license to a PMO or a key employee within thirty (30) days of its 

issuance. (§558.3(b)); 

(d) If the Tribe does not license an applicant, it must: 

(1) Nollfy NIGC; dnd 

(2) Forward a copy of its eligibility determination 

and notice of results to NIGC for inclusion in the Indian 

Gaming Individuals Record System. (§558. 3 (d)); 

(e) The Tribe must retain the following documentation for 

Northern Arapaho Code 

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no less than three (3) years from the date of a PMO or key 

employee's employment termination: 

(1) Applications for licensing; 

(2) Investigative reports; and 

(3) Eligibility determinations. (§558.3(e)); 

(f) A right to a revocation hearing vests only upon receipt 

of a license granted under an ordinance approved by the NIGC 

chair. (§558. 4 (d)); 

(q) The Tribe must notify NIGC of a decision to revoke or 

reinstate a license within forti-five (45) days of receiving 

notification from NIGC that a PMO or key employee is not eligible 

for employment. (§558.4(e)). 

Section 704 - Licensing Decision. If the Agency determines on 

the basis of a background investigation and such other 

information as it may obtain that the applicant is qualified for 

a gaming license, the Agency shall issue such license. The 

Agency may impose any reasonable qualifications on such license 

it deems appropriate. 

Section 705 - Work Permits. 

(a) Any person who is not a gaming employee but works at 

any facility where authorized gaming occurs or is supervised or 

administered must obtain a non-gaming work permit. Such work 

permits shall be issued upon determining that the employee is not 

a threat to the effective regulation of gaming and creates no 

risk or enhances no danger of unfair or illegal practices, 

methods or activities in the conduct of gaming on the 

Reservation. All applicants for work permits shall provide the 

information required in Secretarial Procedures. 

(b) No work permit shall be issued to any person convicted 

of: 

(1) A gaming offense; or 

(2) A felony which the Agency determines is a threat 

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Title 3. Gaming Code 

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to the integrity or reputation of gaming by the Tribe. 

(c) In order to accommodate special circumstances that may 

apply to persons under the age of eighteen (18) years, the Agency 

may establish separate rules or procedures for permits to those 

persons, but such permits shall expire when the individual 

reaches the age of eighteen (18) years. 

(d) No permit shall be issued for a term exceeding twentyfour (24) months, but permits may be renewed in accordance with 

rules or procedures established by the Agency. 

(e) Temporary permits may be issued in accordance with 

rules or procedures established by the Agency, but shall expire 

no later than ninety (90) days after issuance and may not be 

renewed. 

Section 706 - Licensing of Vendors, etc. Any person or entity 

proposing to sell, lease or otherwise provide electronic games of 

chance, other gaming devices, or gaming services to the Tribe 

(including, without limitation, gaming device sales personnel and 

technicians) are required to obtain a license from the Tribe. 

The standards with respect to such licenses are the same as those 

applicable to gaming employees, except that if applicant is a 

corporation, trust or partnership, applications must be made by 

any person or entity holding ten percent (10%) or more of any 

beneficial or legal lnle£est in suct1 entity and, if publicly 

held, all officers and directors. 

CHAPTER 8: HEARINGS AND APPEALS 

Section 801 - Licensing Decisions. Any person whose application 

for a gaming-related license is denied, or whose license has been 

suspended or revoked, may request a hearing before the Agency by 

written request submitted within fifteen (15) days following 

receipt of notice of the action of the Agency. The Agency shall 

hold a hearing within thirty (30) days of the filing of the 

request. 

Section 802 - Patron Disputes Regarding Particular Wagers. Any 

complaint by a patron regarding a particular wager should be 

brought to the attention of the guming munager or his designee 

Northern Arapaho Code 

Title 3. Gaming Code 

t 2017 

Page 32 
immediately. If the gaming manager or his designee cannot 

promptly resolve the dispute, he shall immediately contact the 

Agency or Agency staff who will take witness statements and 

reasonable steps to secure physical evidence, if any. The patron 

may request a hearing before the Agency by written request 

submitted within seventy-two (72) hours from the events 

complained of, stating the relevant facts and circumstances in 

detail. The Agency shall respond and, if necessary, hold a 

hearing within thirty (30) days of the filing of the request. 

Section 803 - Appeal to Tribal Court. 

(a) Any rulings of the Agency under Sections 801 or 802 

above, or assessment by the Agency of a penalty under Chapter 9, 

may be appealed within fifteen (15) days of the Agency's decision 

to Tribal Court in an action naming the Agency as sole defendant. 

In any such action, the Tribal Court shall give appropriate 

deference to the expertise of the Agency. The sovereign immunity 

of the Agency is waived, only with respect to such action, but 

only if filing deadlines are strictly followed, and only to the 

extent of either an order affirming the Agency's decision, or: 

(1) In a licensing dispute, to an order awarding or 

reinstating a license; 

(2) In a patron dispute regarding a particular wager, 

to an order that a patron is entitled to a jackpot or 

payoff, or to return of the wagered amount; or 

(3) Regarding assessment of penalties by the Agency, 

to an order reversing, abating, reducing or enhancing that 

penalty. 

(b) The Tribal Court may impose conditions on the above 

awards of relief. In no event may the Tribal Court assess prejudgment interest, costs, back pay, attorney fees, or other 

damages or relief against the Agency or the Tribe. The public 

interest in the integrity of gaming is such that the burden of 

proof with respect to gaming issues, especially regarding fitness 

for licensing, shall be by clear and convincing evidence and 

shall be upon the individual or entity challenging the Agency. 

All determinations of the Tribal Court under this Section are 

final and subject to no further appeal. 

Northern Arapaho Code 

Title 3. Gaming Code 

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Page 33 
Section 804 - Confidential Information. Where Agency action is 

based upon confidential information which may not as a matter of 

law or policy be disclosed to the aggrieved person, such 

circumstances shall not be qrounds for reversal of the Agency's 

decision, and the aggrieved person shall have no right to such 

confidential information in proceedings before either the Agency, 

Tribal Court or any other forum. 

Section 805 - Hearing Procedures. The Agency, Business Council 

or Tribal Court may adopt such additional procedures and rules 

for the conduct of hearings as either deems necessary or 

convenient so long as they are consistent with this Code and 

other provisions of applicable law. 

CHAPTER 9: PROHIBITED ACTS AND PENALTIES 

Section 901 - Prohibited Acts. It shall be a violation of this 

Code for any person within the Tribe's jurisdiction to: 

(a) Conduct or participate in any class II or III gaming 

operation on the Reservation other than at gaming facilities 

licensed by the Northern Arapaho and/or Eastern Shoshone Tribe, 

unless otherwise permitted pursuant to Section 302. 

(b) Receive, distribute, apply or divert any property, 

funds proceeds or other assets of the gaming operation to the 

benefit of any person except as authorized by this Code, 

Secretarial Procedures, or the Act. 

(c) Tamper with any equipment used in the conduct of tribal 

gaming operations, or do any other act in connection with tribal 

gaming operations, with the intent to cause any person to win or 

lose any wager other than in accordance with the publicly 

announced rules of such gaming operation. 

(d) Alter or misrepresent the outcome or other event on 

which wage.rs hctv8 D88fi llLd.de d.fle.c. Ll1e uulcurne l::; llldUI:::! ::;ur.e, uul 

before it is revealed to the players. 

(e) Place, increase or decrease a bet or to determine the 

course of play after acquiring knowledge not available to all 

players of the outcome of the game or any event that affects the 

outcome of the game or which is the subject of the bet, or to aid 

Northern Arapaho Code 

Title 3. Gaming Code 

I /.017 

Page 34 
anyone in acquiring such knowledge. 

(£) Claim, collect or take, or attempt to claim, collect or 

take, money or anything of value in or from a gaming device, 

machine or dispenser with intent to defraud, without having made 

a wager, or to claim, collect or take an amount greater than the 

amount won. 

(g) Place, increase or reduce a bet after acquiring 

knowledge of the outcome of the game or other event which is the 

subject of the bet, including past-posting, pressing and pinching 

bets. 

(h) Manipulate, with the intent to cheat, any component of 

an electronic gaming device, machine or dispenser in a manner 

contrary to the designed and normal operational purpose for the 

component. 

(i) Use other than coins or tokens approved by the Agency 

or other lawful legal tender, or use a coin not of the same 

denomination as the coin is intended to be used in the gaming 

device. 

(j) Possess or use any device or means to cheat while at 

the gaming facility. 

(k) Behave in a threatening, disorderly or disruptive 

manner or disturb the peace at any tribal gaming facility. 

(1) Engage in class II or III gaming if under the age 

permitted for gaming by Secretarial Procedures or assist, permit 

or facilitate gaming by such person. 

Section 902 - Penalties. Any person within the jurisdiction of 

the Tribe who violates any provision of this Code, including the 

provisions of Secretarial Procedures, shall be subject to civil 

penalties, including exclusion from employment or other 

involvement with any tribal gaming operation, denial or 

revocation of a tribal gaming license, exclusion from attendance 

at any tribal gaming facility, exclusion from the Reservation if 

a non-member of the Tribe, or, with respect to any person subject 

to the criminal jurisdiction of the Tribe, a fine of not more 

than Five Thousand Dollars ($5,000) for each such violation. The 

Agency established pursuant to this Code shall have the 

Northern Arapaho Code 

Title 3. Gaming Code 

, 2017 

Page 35 
jurisdiction to impose any such penalties on any person within 

the jurisdiction of the Tribe, except with respect to exclusion 

from the Reservation, which the Agency may recommend for action 

by the Business Council. 

History: 1995. Title 3. The Northern Arapaho Gaming Code was enacted by the 

Northern Arapaho Tribe by resolution of the Northern Arapaho Business Council 

dated July 18, 1995, Resolution No. 1995-7386. Section 603 was amended by 

resolution of the Northern Arapaho Tribe on October 26, 199~, Resolution No. 

1995-7433. The Code was subsequently approved by the National Indian Gaming 

Commission. The Code was re-codified as Title 3 of the Northern Arapaho Code 

(N.A.C.) without substantive change on June 6, 2000, by NABC Resolution No. 

2000-8291. SecLions 201, 302, 401-405, 502-503, 601-602, 604-605, 607, 701, 

'/OJ-"/05, 802-804, and 901-902 were amended and Sections 406-408 and 504 were 

added by resolution of the NABC on August 21, 2001, Resolution No. 2001-8444, 

and were approved by the NIGC on November 30, 2001. Two technical amendments 

('.Or.rected internal code citations by resolution of the NABC on .January 3, 

2002, Resolution No. 2002-8492. Sections 201, 304-306, 401, 403-404, 407, 

502, 1101, 704, 901 anrl 90.?. WP.n=~ nmP.nrlP.rl hy n'!solution nf thP. NARC: on ,July 11, 

2005, Resolution No. 2005-8923 (effective on the date of NIGC approval), and 

were approved by the NIGC on September 29, 2005. Section 404 was drafted in 

coopcrution with the NIGC and u3 part of the Cla3s III gaming procedures 

prescrih~rl fnr ~hR TrihP. by ~hP. SRcrP.tary of the Tnterior. on September .?.1, 

2005, pursuant to 25 U.S.C. 2710 (d) (7) (B) (vii). Sections 407 (b) and 604 (o) 

were amended by resolution of the NABC on July 19, 2006, Resolution No. 

2006-9115 and were approved by the NIGC on October 10, 2006. Sections 

404(b) (vi}, 701, and 704 were amended by resolution of the NABC on January 15, 

2008, Resolution No.2008-9884 and were approved by the NIGC on April 4, 2008. 

Sections 104, 404 (a) (iv), 406 (b) and 504 were amended by resolution of the 

NABC on December 17, 2009, Resolution No. 2009-068 and were approved by the 

NIGC on February 22, 2010. Seel.ion 501 was amended by re.soluL.ion of Lhe NABC 

on November 22, 2010, Resolution No. NABC-2010-123, and was approved by the 

NIGC on February 18, 2011. Sections 306, 404 (a) (ii), 407, 408, 409, 701, 704, 

and 803 were amended by resolution of the NABC on September 20, 2011, 

Resolution No. NABC-2011-176 and approved by the NIGC on December 19, 2011. 

Sections 301, 304, 402 (b), (n), 404 (a), (b) (c), and 407 (a), (b) were amended by 

resolution of the NABC on August 3, 2012, Resolution No. NABC-2012-218, and 

Sections 603, 604 and 606 were amended to comply with federal regulations on 

October 10, 2012, Resolution No. 2012-231, and approved by the NIGC on 

January 3, 2013. The following amendments were enacted (i) for the purpose of 

clarifying references to tribal courts and a joint council (which was 

dissolved .in 2014) by J:{esolution No. NAtlC-2016-702 dated August 17, 2016; and 

(i.i) to conform to federal regulations regarding licensing of key employees by 

Resolution No. NABC-2016-747 dated November 16, 2016, and Resolution No. 

NABC-2017-780 dated February 27, 2017; all such amendments were approved by 

the NIGC on , 2017. 

Northern Arapaho Code 

Title 3. Gaming Code 

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Page 36 
RESOLUTION OF THE 

NORTHERN ARAPAHO BUSINESS COUNCIL 

AMENDING PROVlSIONS OF Tl JE NORTHERN ARAPAHO GAMING CODE 

WIND RIVER RESERVATION 

ET! llffE, WYOMING 

Rc!Solution No. NABC-2017-780 

WHEREAS, the Northern Arapaho Business Council ("NABC") is the duly elected 

governing body of the No11hem Arapaho Tribe; and 

WHEREAS, NABC enacted certain ame11dments to the Northern Arapaho Gaming Code 

(3 N.A.C. 101 et seq.) on November 16, 2016, (Resolution 2016-747); and 

WHEREAS, it is advisable Lo amend the Gaming Code to include ce11ain provisions for 

the definition of "key employee;" 

NOW, THEREFORE, BE IT RESOLVJ!:U that the attached, amended No11hem 

Arapaho Gaming Code be and th1;: samt: i~ hi:reby approved and enacted, such amendments to 

become effective on the date approved by the National fndian Gaming Commission; and 

BE IT FURTHER RESOLVED that Title III of the Northern Arapaho Code shall be 

codified imd published in accordance with the Tribe's standard procedures; 

BE IT l''INALL Y llliSOL VI!;l) that the Chainnan or Co-Chairman is authorized and 

directed to sign this resolution. 

CERTIFICATION 

The undersigned, ai; Chainnan of the Northern Arapaho Business Council, hereby certifies 

that the Northern Arapaho Business Council consists of six (6) members and that four (4) members 

were present constituting a quorum, at fl specially called meeting of the Northern Arapaho 

Rusiness Council held on February 27, 2017, that the foregoing resolution was adopted by a vote 

of fow- ( 4) in favor, zero (0) against, and that the foregoing resolution has not been rescinded or 

amended in any way. 

Done at Ethete, Wyoming, this 27rh day of February, 2017. 

/~ ::b ~ === --=::::> '-' ~ Roy B. Brown, Chairman 

Northern Arapaho Business Council