March 1, 2017 

Via First Class Mail 

E. Austin Green, Jr., Chairman 

The Confederated Tribes of the Warm 

Springs Reservation of Oregon 

P.O. Box 1299 

Wann Springs, OR 97761 

Re: Gaming Ordinance Amendment 

Dear Chairman Green: 

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

to review and approve amendments to the Confederated Tribes of the Warm Springs 

Reservation of Oregon's Gaming Ordinance. The Wann Springs Tribal Council approved 

Resolution No. 12,243 on October25, 2016, and Resolution No. 12,287 on February 13, 

2017. The amendments revise provisions relating to the Tribal Gaming Regulatory 

Authority and amend the Privacy Act statement. 

Thank you for bringing this amendment to our attention and providing us with 

copies. The amendment is approved as it is consistent with the Indian Gaming Regulatory 

Act and NIGC regulations. While reviewing the amendments, we noticed what appears to 

be two scrivener's errors. The first instance is found in § 260.007(7)(C), which refers to 

25 C.F.R. § 558.3(a), but should reference 25 C.F.R. § 558.2(a). The second instance is 

found in § 260.007(7)(0), which refers to 25 C.F.R. § 588.4, but should reference 25 

C.F.R. § 558.4. The Tribe may wish to revise the references next time it amends its 

gaming ordinance. · 

If you have any questions, please foel free to contact Staff Attorney Esther Dittler 

at 202-420-9229. 

Sincerely, 

a, 

o dev 0. Chaudhuri 

cc: Howard Arnett, Esq. 

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

REGIONAlOHICES Portland, OR; Socromenlo, CA; Phoenix, AZ; St. Poul, MN; Tulsa OK; Oklohomo City, OK 

WWW.NIGC.GOV 
WARM SPRINGS TRIBAL CODE 

CHAPTER 260 

CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF OREGON 

AMENDED AND RESTATED CLASS II AND CLASS III GAMING ORDINANCE 

260.001 

260.002 

260.003 

260.004 

260.005 

260.006 

260.007 

260.008 

260.009 

260.010 

260.011 

Table of Contents 

Page 

Purpose ........................................... .................. ..................... .................................. 1 

Gaming Authorized ................................................................................................. 1 

Ownership of Gaming ............................................................................................. 1 

Use of Ganiing Revenue .............. ........................................................................... 1 

Audit. .................................................... .................................................................. 1 

Protection of the Environment and Public Health and Safety ................................ 2 

Licenses for Key Employees and Primary Management Officials ......................... 2 

License Locations .................................................. ....... .................. 10 

Tribal Gaming Regulatory Authority ............................... ............ ......... 10 

Repeal. ......................... ....... ....................................................... 14 

Service of Process ................................................... ........................ 14 

-iWI00.014(a)\1091070_2.doc 
WARM SPRINGS TRIBAL CODE 

CHAPTER 2601 

CONFEDERATED TRIBES OF THEW ARM SPRINGS RESERVATION OF OREGON 

AMENDED AND RESTATED CLASS II AND CLASS III GAMING ORDINANCE 

260.001 Purpose. The Tribal Council, pursuant to the authority contained in Article V, 

Section l(i) and (1) of the Constitution and Bylaws, as amended, of the Tribe, hereby 

enacts this Ordinance in order to set the terms for Class II and Class III gaming 

operations on tribal lands. 

260.002 Gaming Authorized. Class II gaming and Class Ill gaming as defined in the 

Indian Gaming Regulatory Act, P.L. 100-447, 25 U.S.C. §2703 ("IGRA"), and by the 

regulations promulgated by the National Indian Gaming Commission at 25 C.F.R. §502.3 

(as published in the Federal Register at 57 FR 12382-12393, April 9, 1992, as amended 

from time to time) is hereby authorized. 

260.003 Ownership of Gaming. The Tribe shall have the sole proprietary interest in and 

responsibility for the conduct of any gaming operation authorized by this ordinance. 

260.004 Use of Gaming Revenue. Net revenues from Class II and Class III gaming shall 

be used only for the following purposes: to fund tribal government operations and 

programs; provide for the general welfare of the Tribe and its members; promote tribal 

economic development; donate to charitable organizations; or help fund operations of 

local government agencies. 

(1) 

260.005 

(1) 

(2) 

If the Tribe elects to make per capita payments to tribal members, it shall 

authorize such payments only upon approval of a plan submitted to the Secretary 

of the Interior under 25 U.S.C. §271 O(b)(3). 

Audit. 

The Tribe shall cause to be conducted not less often than annually an independent 

audit of gaming operations and shall submit the resulting audit reports to the 

National Indian Gaming Commission. 

All 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 specially included within the scope of the 

audit that is described in subsection 260.005(1) above. 

1 WSTC Chapter 260 was amended and restated in its entirety by Tribal Council Resolution l I ,889(A), adopted on 

May 19, 2014 and certified on Jw1e 30, 2014. 

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260.006 Protection of the Environment and Public Health and Safety. Class II and 

Class III gaming facilities shall be constructed, maintained, and operated in a manner that 

adequately protects the environment and the public health and safety. 

260.007 Licenses for Key Employees and Primary Management Officials. The Tribe 

shall ensure that the policies and procedmes set out in this section are implemented with 

respect to key employees and primary management officials employed at any Class II and 

Class III gaming enterprise operated on Indian lands: 

(1) Definitions. For the purposes of this section, the following definitions apply: 

(A) "Key employee" means: 

(a) A person who perfonns one or more of the following functions: 

(i) Bingo caller; 

(ii) Counting room supervisor; 

(iii) Chief of security; 

(iv) Custodian of gaming supplies or cash; 

(v) Floor manager; 

(vi) Pit boss; 

(vii) Dealer; 

(viii) Croupier; 

(ix) Approver of credit; or 

(x) Custodian of gambling devices including persons with 

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 per year; or 

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

persons in the gaming operation. 

(B) "Primary management official" means: 

(a) The person having management responsibility for a management 

contract; 

(b) Any person who has authority: 

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W100.016(d)\1091070_2.doc 
(i) To hire and fire employees; or 

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

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

management responsibility. 

(2) Application Forms. 

(A) The following notice shall be placed on the application form for a key 

employee or a primary management official before that form is filled out 

by an applicant: 

"In compliance with the Privacy Act of 1974, the following information is 

provided: Solicitation of the information on this form is authorized by 25 U.S.C. 

2701 et seq. The purpose of the requested information is to determine the 

eligibility of individuals to be granted a gaming license. The information will be 

used by National Indian Gaming Commission (NIGC) members and staff who 

have need for the info1mation in the performance of their official duties. The 

information may be disclosed by the Tribe or the NlGC to appropriate Federal, 

Tribal, State, local, or foreign law enforcement and regulatory agencies when 

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

pursuant to a requirement by a tribe or the NIGC in connection with the issuance, 

denial, 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 license 

you for 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." 

(B) Existing key employees and primary management officials shall be 

notified in writing that they shall either: 

(a) Complete a new application f01m that contains a Privacy Act 

notice; or 

(b) Sign a statement that contains the Privacy Act notice and consent 

to the routine uses described in that notice. 

(C) The following notice shall be placed on the application form for a key 

employee or a primary official before that form is filled out by an 

applicant. 

"A false statement on any pa1t of your license application may be grounds 

for denying a license or the suspension or revocation of a license. Also, 

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you may be punished by fine or imprisonment. (U.S. Code, Title 18, 

Section 1001 )" 

(D) The Tribe shall notify in vvriting 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. 

(3) Backgrnund Investigations. The Tribe shall perform a background investigation 

for each primary management official and for each key employee of a gaming 

operation. 

(A) The Tribe shall request from each primary management official and from 

each key employee all of the following info1mation: 

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

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

languages (spoken or written); 

(b) Currently and for the previous five years: Business and 

employment positions held, ownership interests in those 

businesses, business and residence 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 

paragraph (3)(A)(b) of this section; 

(d) Current business and residence telephone numbers; 

(e) A description of any existing and previous business relationships 

with Indian tribes, including ownership interests in those 

businesses; 

(t) A description of any existing and previous business relationships 

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; 

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(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 misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), within I 0 years of 

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

involved and the date and disposition; 

G) For each criminal charge (excluding minor traffic charges); 

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

\vi.thin 10 years of the date of the application and is not otherwise 

listed pursuant to paragraph (3)(A)(h) or (3)(A)(i) of the 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; 

(1) A cun-ent 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. §522.2(h). 

(B) If, in the course of a background investigation, the Tribe discovers that the 

applicant has a notice of results on file with the NIGC from a prior 

investigation and the Tribe has access to the earlier investigative materials 

(either through the NIGC or the previous tribal investigative body) the 

Tribe may rely on these materials and update the investigation and 

investigative report under25 C.F.R. Sec. 556.6(b)(t). 

(C) In conducting a background investigation, the Tribe or its agents shall 

promise to keep confidential the identity of each person interviewed in the 

course of the investigation. 

(4) Tribal Eligibility determination. The Tribe shall conduct an investigation 

sufficient to make an eligibility determination. 

(A) To make a finding concerning the eligibility of a key employee or primary 

management official for granting of a gaming license, an authorized tribal 

official shall review a person's: 

(a) Prior activities; 

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(b) Criminal record, if any; and 

(c) Reputation, habits and associations. 

(B) If the authorized tribal official, in applying the standards adopted in this 

Gaming Ordinance, determines that license 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. 

(5) Report to the National Indian Gaming Commission. 

(A) When the Tribe employs a key employee or primary management official, 

the Tribe shall maintain a complete application file containing the 

information listed under 25 C.F.R. Section 556.4(a)(l) through (14). 

Before issuing a license to a primary management official or to a key 

employee, the Tribe shall: 

(a) Create and maintain an investigative report on each background 

investigation. An investigative report shall include all of the 

following: 

(i) Steps taken in conducting a background investigation: 

(ii) Results obtained; 

(iii) Conclusions reached: and 

(iv) The basis for those conclusions. 

(b) Submit a notice of the results of the applicant's background 

investigation to the NIGC no later than sixty (60) days after the 

applicant begins work. The notice of results shall contain: 

(i) Applicant's name, date of birth, and social security number; 

(ii) Date on which the applicant began or will begin work as a 

key employee or primary management official: 

(iii) A summary of the information presented in the 

investigative report, which shall at a minimum include a 

listing of: 

A. Licenses that have previously been denied: 

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WI 00.0 I 6(d)\I 091070_2.doc 
B. Gaming licenses that have been revoked, even if 

subsequently reinstated: 

C. Every known criminal charge brought against the 

applicant within the last 10 years of the date of 

applicant: and 

D. Every felony of which the applicant has been 

convicted or any ongoing prosecution. 

(iv) A copy of the eligibility dete1mination made under 25 

C.F.R. Section 556.5. 

(6) Notice. All notices under required to be proved under this Gaming Ordinance 

shall be provided to the NIGC through the appropriate NIGC Regional Office. 

(7) Review of Notice of Results for A Key Employee or Primary Management 

Official. 

(A) Upon receipt of a complete notice of results for a key employee or primary 

management official as required by 25 C.F.R. Section 556.6(b)(2), the 

NIGC Chair has 30 days to request additional information from the Tribe 

concerning the applicant or licensee and to object. 

(B) If the NIGC has no objection to issuance of a license, it shall notify the 

Tribe within thirty (30) days of receiving notice of results pursuant to 25 

C.F.R. Section 556.6(b)(2). 

(C) If, within the 30-day period described in 25 C.F.R. Section 558.3(a), the 

NIGC provides the Tribe with a statement itemizing objections to the 

issuance of a license to a key employee or to a primary management 

official applicant for whom the Tribe has provided a notice of results, the 

Tribe shall reconsider the application, taking into account the objections 

itemized by the NIGC. The Tribe shall make the final decision whether to 

issue a license to such applicant. 

(D) If the Tribe has issued the license before receiving the NIGC's statement 

of objections, notice and hearing shall be provided to the licensee as 

provided by 25 C.F.R. Section 588.4. 

(8) Notification to NIGC of License Decisions and Retention Obligations. 

(A) After the Tribe has provided a notice of results of the background check to 

the NIGC, the Tribe may license a primary management official or key 

employee. 

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(B) Within thirty (30) days after the issuance of the license, the Tribe shall 

notify the NIGC of its issuance. 

(C) The gaming operation shall not employ a key employee or primary 

management official who does not have a license after ninety (90) days. 

(D) If the Tribe does not license an applicant---

(a) The Tribe shall notify the NIGC; and 

(b) Shall foiward copies of its eligibility determination and notice of 

results, under 25 C.F.R. Section 566.6(b)(2) to NIGC for inclusion 

the Indian Gaming Individuals Record System. 

(E) The Tribe shall retain the following for inspection by the Chair of the 

NIGC or his or her designee for no less than three years from the date 

of termination of employment: 

(a) Applications for licensing: 

(b) Investigative reports: and 

(c) Eligibility determinations 

(9) Suspension and Revocation of Gaming Licenses: Notice of Information 

Impacting Eligibility and Licensee's Right to a Hearing; Appeals. 

(A) If, after the issuance of a gaming license, the NIGC receives reliable 

information indicating that a key employee or a primary management 

official is not eligible for employment under 25 C.F.R. Section 556.5, the 

NIGC shall notify the Tribe of the information. 

(B) Upon receipt of such notification under paragraph (A) from NIGC, or 

upon receipt of such information from another reliable source that a key 

employee or a primary management official is not eligible for employment 

under 25 C.F.R. Section 556.5, the Tribe shaJl immediately suspend the 

license and shall provide the licensee with written notice of suspension 

and proposed revocation. 

(C) The Tribe shall notify the licensee of a time and a place for a hearing on 

the proposed revocation of a license. 

(D) A right to a hearing under this section shall vest only upon receipt of a 

license granted under the Gaming Ordinance approved by the Chair of the 

NIGC. 

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(E) After a revocation hearing, of which the licensee has been afforded due 

process and given at least ten ( 10) days written notice, which notice fairly 

and fully informs them of the grounds for their license suspension and 

proposed license revocation, and at which hearing they shall have the 

opp01tunity to present relevant oral and written evidence, the Tribe shall 

decide to revoke or to reinstate a gaming license. The Tribe shall weigh 

the evidence, testimony and exhibits and make its decision on the basis of 

a preponderance of the evidence and credibility of the evidence and 

witnesses. The Tribe's decision shall be issued in writing within thirty 

(30) days of the hearing, and such decision shall include a statement of 

facts and a statement of legal authority on which the decision is based. 

Decisions shall be delivered to the party for whom the hearing was held 

and shall include information and instructions for appealing the decisions 

pursuant to WSTC 260.007(9)(F). The Tribe shall notify the NIGC of its 

decision within 45 days of receiving notification from the NIGC pursuant 

to paragraph (A) of this sub-section (9). 

(F) Appeals from the Tribal Gaming Regulatory Authority Decisions 

The Warm Springs Court of Appeals ("Comt of Appeals"), established 

pmsuant to WSTC Chapter 203, shall act as the final reviewing body for a 

decision of the Tribal Gaming Regulatory Authority to deny a license or to 

revoke or suspend the license of any licensee. 

Any appeal of the Tribal Gaming Regulatory Authority decision to the 

Warm Springs Court of Appeals must be filed within thirty (30) days after 

receiving notice of the decision of the Tribal Gaming Regulatory 

Authority, unless a different time frame is otherwise specified or required 

by the Compact, this Ordinance, or applicable regulations. Upon the filing 

of a Notice of Appeal. pursuant to the Rules of the Court of Appeals, the 

Tribal Gaming Regulatory Authority shall prepare and submit to the Court 

of Appeals within fifteen (15) days the Administrative Record fthe Tribal 

Gaming Regulatory Authority's denial, revocation or suspension 

proceedings. Both parties to the appeal, the person appealing the decision 

of the Tribal Gaming Regulatory Authority and the respondent Tribal 

Gaming Regulatory Authority, shall have the opportunity to submit 

written arguments on the issues presented by the appeal and, in the 

discretion of the Court of Appeals, participate in oral argument before the 

Court of Appeals. 

The Comt of Appeals shall review the Tribal Gaming Regulatory 

Authority's decisions de novo on questions of law and for clear error on 

questions of fact. The Court of Appeals is authorized to reverse a decision 

made by the Tribal Taming Regulatory Authority only where the Court of 

Appeals finds the Tribal Gaming Regulatory Authority's decision was 

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Wt 00.016(d)\l 091070 _2.doc 
unreasonable, arbitrary, capricious, an abuse of discretion, or otherwise 

not in accordance with applicable Tribal, federal or state laws; 

(a) The Tribal Gaming Regulatory Authority exceeded its 

jurisdiction, authority, or limitations, under applicable tribal laws; 

(b) The Tribal Gaming Regulatory Authority's decision is 

unsupported by substantial evidence or unwarranted by the facts 

presented, either orally or substantively. 

The rulings of the Wann Springs Court of Appeals on matter brought pursuant to 

this Gaming Ordinance shall be final. 

(10) Submission of Notices. All notices under this section shall be provided to the 

NIGC tlU'ough the appropriate Regional Office. 

260.008 License Locations. The Tribe shall issue a separate license to each place, 

facility, or location on Indian lands where Class II or Class III gaming is conducted under 

this ordinance. 

260.009 

(1) 

(2) 

(3) 

Tribal Gaming Regulatory Authority2• 

Establishment of T1·ibal Gaming Regulatory Authority. There is hereby 

established by the Tribe a Tribal Gaming Regulatory Authority to be known as 

the Wann Springs Tribal Gaming Regulatory Authority (hereafter "The TORA"). 

The TGRA shall be comprised of three (3) persons, who shall be designated as 

"TORA Commissioners." TGRA Commissioners may be members or nonmembers of the Tribe, provided that not less than one TGRA Commissioner shall 

be a tribal member. 

Qualifications and Licensing of TGRA Commissioners. Members of the 

TGRA shall be chosen from individuals who have expertise and knowledge in the 

fields of Indian gaming, accounting, finance, law enforcement or such other fields 

and knowledge that would, in the opinion of the Tribal Council, be of special 

benefit to service on the TGRA Commission. 

Selection of TGRA Commissioners. The Tribal Council shall by motion appoint 

a five-member TGRA Commissioner Selection Committee (hereafter "The 

Selection Committee") composed of two members of the Tribal Council, the 

Secretary-Treasurer of the Tribal Council and two members at large. Members of 

the Selection Committee may be either members or non-members of the Tribe. 

The Selection Committee shall establish procedures for notice of vacancies on the 

TORA, recruitment of qualified applicants, interview, and selection processes. 

The Selection Committee shall submit their nominee(s) for any vacancy on the 

2 WSTC Chapter 260 Section 260.009 (8), (11 ), (12), (13), and (15) were amended and restated in their entirety by 

Tribal Council Resolution 12,243, adopted and certified on October 25, 2016. 

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TORA to the Tribal Council for confirmation and appointment by Tribal Council 

resolution. 

(4) Disqualifications for Office. The following persons may not serve as TORA 

Commissioners: 

(A) Members of the Tribal Council; 

(B) Members of the board of directors of any tribal gaming enterprise; 

(C) Employees of any tribal gaming enterprise; 

(D) The immediate family of any gaming contractor (including any principal 

thereof or closely associated independent contractor). For the pw'J)ose of 

this section, immediate family members are defined as: husband, wife, 

son, daughter, mother, father, brother, sister, grandfather, grandmother, 

legal guardian, or other totally dependent relative of the individual; 

(E) Persons who would not be eligible to receive a gaming license from the 

Tribes; or 

(F) Persons having any interest in or responsibility for, either directly or 

indirectly, any gaming related contract with the Tribe or any gaming 

enterprise on the Reservation. 

(5) Terms of the Office. The TORA Commissioners shall serve for three-year terms. 

The respective term for each TGRA Commissioner shall be designated in their 

appointment. TORA Commissioners shall serve until a successor is appointed 

and may serve for more than one term. 

(6) Removal from Office. TORA Commissioners may only be removed from office 

before the expiration of their terms by the Tribal Council for neglect of duty, 

malfeasance, misfeasance, nonfeasance, or other good cause shown, in the same 

manner as members of the Tribal Council may be impeached. 

(7) Quorum. Two (2) TORA Commissioners shall constitute a quorum of the TORA, 

provided at least one of such TORA Commissioner shall be a tribal member. 

(8) Office1·s and Duties ofTGRA Commissioners. The Tribal Council shall 

designate from among the Commissioners of the TORA a Chair, Vice-Chair, and 

Secretary of the TORA. The Chair shall preside over meetings of the TORA and 

the Vice-Chair shall preside in absence of the Chair. The Secretary shall record in 

\vriting the minutes of all TORA meetings and all official actions taken by the 

TORA. The Commissioners shall be considered employees of the TORA, and 

shall assist with and ensure fulfillment of duties as outlined in Section 

260.009(13). The prescribed hours and compensation for Commissioners shall be 

approved by the Tribal Council. 

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(9) Executive Directo1· of the TGRA. The Tribal Council shall designate an 

Executive Director of the TGRA, who shall not be a Commissioner of the TGRA. 

The Executive Director shall be a full-time employee of the TGRA with 

compensation established by the Tribal Council. The Executive Director shall be 

responsible for carrying out the day-to-day regulatory authority functions along 

with TGRA staff to ensure compliance is adhered to by the gaming operation and 

its employees. 

(10) Voting. All actions of the TGRA shall be taken by majority vote. The TGRA 

Chair may vote on any issue. 

(11) Meetings. TGRA Commissioners will meet and conduct business as necessary 

and appropriate to carry out their duties under this Ordinance, federal law and 

regulations, and the Tribal-State Compact. Notice of Special meetings shall be 

given in writing to each TGRA Commissioner, served by first class mail for 

delivery at least five (5) business days prior to such Special meeting. 

(12) Compensation fo1· Serving as TGRA Commissioners; Reimbursement of 

Expenses. TGRA Commissioners shall be compensated for serving on the TORA 

Commission at the rate set by the Tribal Council. Compensation for TORA 

Commissioners shall be based upon salaries or pay rates commensurate with 

industry standards, as recommended by the CTWS Personnel Department and 

approved by the Tribal Council. Commissioners shall be reimbursed reasonable 

and necessary expenses (mileage) incurred at the government rate in connection 

with the performance of their official TORA roles and duties. 

(13) TGRA Authority. The TORA shall have the authority to: 

(A) Inspect, examine and monitor gaming activities, including the power to 

demand access to and inspect, examine, photocopy and audit all papers, 

books and records respecting such gaming activities; 

(B) Investigate any suspicion of wrongdoing in connection with any gaming 

activity; 

(C) Conduct or cause to be conducted such investigations as may be necessary 

to determine in connection with any gaming activity, compliance with law 

or this Ordinance or any contracts, agreement, goods, services, events, 

incidents, or other matters related to gaming activities; 

(D) Establish and collect license, investigation, and regulatory fees to cover 

the costs connected therewith; 

(E) Conduct background investigations regarding any person or entity in any 

way connected with any gaming activity and issue licenses to, at 

minimum, all qualified gaming enterprise key employee and primary 

management officials under requirements at least as stringent as those 

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established in 25 CFR Parts 556 and 558; and grant, suspend, revoke, and 

renew licenses and hear and decide matters affecting such granting, 

suspension, revocation, or renewal of licenses; 

(F) Hold such hearings, sit and act at such times and places, swnmon persons 

on the reservation to attend and testify at such hearings, take such 

testimony, and receive such evidence as the TGRA Commissioners deem 

relevant in fulfilling their duties; 

(G) Administer oaths or affirmations to witnesses appearing before the TORA 

Commissioners; 

(H) Implement and administer a system, including the promulgation of 

regulations, for investigating, licensing and monitoring management, 

employees, vendors, and others connected with gaming activities, as 

described in Section 260.007 of this Ordinance, including the issuance of 

licenses to gaming facilities, individuals and entities and the verification 

of internal controls, as required under this Ordinance, IGRA, and any 

Tribal-State compact or equivalent procedures prescribed by the Secretary 

of the Interior; 

(I) Promulgate rules for any Class II or Class III gaming activity on Tribal 

Lands, except that rules for Class III activities shall not be in conflict with 

rules if any, adopted under any Tribal-State compact; 

(J) Issue such other regulations and take such other regulatory actions as it 

deems appropriate in order to implement the provisions of this Ordinance 

and to comply with the Tribal-State Class III Gaming Compact, and 

applicable federal law and regulations; and, 

(K) Carry out such other regulatory duties with respect to gaming activities as 

the Tribal Council shall direct. 

(14) Monthly and Annual Reports. On or before the tenth day of each month, the 

TGRA shall provide to the Tribal Council a Monthly Report summarizing its 

activities during the prior month and accounting for all receipts and 

disbursements. On or before the last day of the third month after the close of the 

Tribes' fiscal year of each year, the TGRA shall provide to the Tribal Council an 

Annual Report, summarizing its activities during the prior fiscal year and 

accounting for all receipts and disbursements. 

(15) Funding. All funding of the TGRA shall be pursuant to a Budget to be proposed 

to the Tribal Council and approved, funded, and modified, if necessary, in 

accordance with the Tribe's procedures for approving and funding budgets for 

other departments and agencies of the t:tibal government. In preparing the 

Budget, all actual and anticipated surplus funds of the TORA shall be taken into 

account. Expenditures by the TORA shall be in accordance with the approved 

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Budget. Changes in the approved Budget and requests for additional funds shall 

be by petition to the Tribal Council, in accordance with such procedures, if any, 

for other tribal govennnent departments and agencies. As required by the TribalState Compact and by applicable federal law and regulations, the Budget shall be 

sufficient each year for the TORA to carry out and fulfill its duties under this 

Ordinance. 

(16) TGRA's Relationship to Tribal Government; Supervision of Administration. 

(A) Agency of Tribal Government. The TORA shall be deemed to be an 

agency of the tribal government and as such shall be subject to personnel 

and other tribal governmental administrative policies, subject to oversight 

by the Secretary-Treasurer of the Tribal Council. The administration of all 

such policies shall be under the supervision of the Tribal Council. In the 

absence of applicable tribal personnel or other administrative policies, the 

TGRA shall promulgate its own policies, subject to approval of the Tribal 

Council. 

(B) Independent Decision-Making Authority. Notwithstanding the fact that 

the TGRA is an agency of tribal govenunent, the decisions of the TGRA 

regarding licensing, suitability, compliance with applicable law and other 

regulatory matters shall be within the exclusive province of the TORA; 

provided, however, in the event of appeals of TGRA decisions to the 

Warm Springs Court of Appeals pursuant to WSTC Sec. 260.7(9)(F) the 

rulings of the Warm Springs Court of Appeals shall be final. 

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

gaming ordinances are hereby repealed. 

260.011 Service of Process. The Tribal Council designates the Chair of the TGRA as the 

Agent ofTGRA and the Tribe for any and all service, including but not limited to notices 

of official determinations, orders or notices of violation in accordance with 25 CFR 

Part 519. 

-14-

WI 00.0 I 6(d)\I 091070 _2.doc 
RESOLUTION NO. 12,243 

WHEREAS, Pursuant to Tribal Council Resolution No. 

11,889A, (May 19, 2014), the Warm Spring Tribal Council amended 

the Warm Springs Gaming Ordinance (WSTC Chapter 260, Ordinance 

No. 76), which amendments were approved by the National Indian 

Gaming Commission on September 26, 2014 ("2014 Amendments"); 

and, 

WHEREAS, Among the 2014 Amendments to the Gaming 

Ordinance approved by Resolution No. ll,889A were several 

amendments to WSTC Section 260. 900 concerning the composition, 

responsibilities, and compensation of the members of the Tribal 

Gaming Commission, now called the Tribal Gaming Regulatory 

Authority; and, 

WHEREAS, Pursuant to the 2014 Amendments regarding the 

Tribal Gaming Regulatory Authority, the three Gaming 

Commissioner (now called Tribal Gaming Regulatory Authority 

Commissioners) positions were changed from full time to parttime positions with compensation based on a set amount stipend 

established by WSTC Section 260.009(11) and 260.009(12) for each 

of the Commission's required two meetings per month; and, 

WHEREAS, Subsequent to 2014 Amendments making changes 

to the Gaming Commissioners positions, the Tribal Council 

approved an additional gaming development as part of the Madras 

Travel Center project, which will be regulated by the Warm 

Springs Tribal Gaming Regulatory Authority and thereby increase 

the work load of the Warm Spring Tribal Gaming Regulatory 

Authority and its three Gaming Commissioners; and, 

WHEREAS, The Warm Springs Tribal Gaming Regulatory 

Authority requests that the Tribal Council approve proposed 

amendments to WSTC Section 260.009 (8), (11), (12), (13), and 

(15), as set out in Exhibit "A" attached to this Resolution, 

which would provide Tribal Council with authority to set the 

work hours and compensation for Gaming Commissioners by 

Resolution without having to amend the Gaming Ordinance each 

time there is a change in the hours and compensation of Gaming 

Commissioners, and would also clarify the duties, 

responsibilities and authority of the Gaming Commissioners; and, 

WHEREAS, The Warm Spring Tribal Gaming Regulatory 

Authority has submitted to the Tribal Council a proposed 2017 

budget in support of the proposed amendments to the Gaming 

Ordinance attached as Exhibit "A" to this Resolution; now, 

therefore, 
RESOLUTION NO. 12,243 

Page 2 of 2 

BE IT RESOLVED, By the (27TH) Tribal Council of the 

Confederated Tribes of the Warm Springs Reservation of Oregon, 

pursuant to Article V, Section l {l) and (u) of the Tribal 

Constitution and Bylaws that the Tribal Council hereby adopts 

and approves the proposed amendments to Ordinance No. 76, WSTC 

Section 260. 009 (8), (11), (12), {13) and (15} of the Gaming 

Ordinance as set out in Exhibit \'A", attached to this 

Resolution; and, 

BE IT FURTHER RESOLVED, By the Tribal Council that the 

2017 budget submitted by the Warm Springs Tribal Gaming 

Authority in support of the proposed amendments to the Gaming 

Ordinance is approved; and, 

BE IT FURTHER ·RESOLVED , That the Tribal Council hereby 

direc ts the Tribal Attorney to submit the Gaming Ordinance, as 

amended by this Resolution, to the National Indian Gaming 

Commission for its review and approval. 

CERTIFICATION 

The undersigneq, as Secretary-Treasurer/CEO of the 

Confederated Tribes of the Warm Springs Reservation of Oregon 

hereby certifies that the Tribal Council is composed of 11 

members, of whom 9 constitut~ng a quorum were present at a 

meeting thereof, duly and regularly called, noticed, convened 

and held this 25th day of October, 2016 and the foregoing 

resolution was passed by the affirmative vote of 5 members, 1 

member voting No, 2 members abstained (1 out of the room), the 

Chairman not voting; and that the said resolution has not been 

rescinded or amended in any way. g,. J fj fl 

~fe/tl;~ j, ~-ve<'\ 

Attachment: Exhibit "A" 

cc: Secretary-Treasurer/CEO 

Superintendent 

Glendon N. Smith 

Secretary~Treasurer/CEO 

Administrative Services Center 
Exlliblt A 

Proposed Amendments ;trc shown in l'ectlinc/strikcont 

260.009 Tribal Gaming Regulatory Authol'ity. 

(1) Establishment of Tribal Gaming Regulatory Authority. There is hereby 

established by the Tribe a Tribal Gaming Regulatory Authority to be lmown as 

the Warm Springs Tribal Gaming Regulatory Authority (hereafter "The TORA"). 

The TGRA shall be comprised of tluee (3) persons, who shall be designated as 

"TORA Commissioners." TORA Commissioners may be members or nonmembers of the Tribe, provided that not less than one TGRA Commissioner shall 

be a tribal member. 

(2) Qualifications and Licensing of TGRA Commissioners. Members of the 

TORA shall be chosen from individuals who have expertise and knowledge in the 

fields of Indian gaming, accounting, finance, law enforcement or such other fields 

and knowledge that would, in the opinion of the Tribal Council, be of special 

benefit to service on the TORA Conunission. 

(3) Selection of TGRA Commissioners. The Tribal Council shall by motion appoint 

a five~member TORA Commissioner Selection Conunittee (hereafter "The 

Selection Committee") composed of two members of the Tribal Council, the 

Secretary-Treasurer of the Tribal Council and two members at large. Members of 

the Selection Committee may be either members or non-members of the Ttibe. 

The Selection Conunittee shall establish procedures for notice of vacancies on the 

TORA, recruitment of qualified applicants, interview, and selection processes. 

The Selection Conunittee shall submit their nominee(s) for any vacancy on the 

TGRA to the Tribal Council for confirmation and appointment by Tribal Council 

resolution. 

(4) Djsqualifications for Office. The following persons may not serve as TGRA 

Conunissioners: 

(A) Members of the Tribal Council; 

(B) Members of the board of directors of any tribal gaming enterprise; 

(C) Employees of any tribal gaming ente1prise; 

(D) The immediate family of any gaming contractor (including any principal 

thereof or closely associated independe11t contractor). For the purpose of 

this section, immediate family members are defined as: husband, wife, 

son, daughter, mother, father, brother, sister, grandfather, grandmother, 

legal guardian, or other totally dependent relative of the individual; 

(E) Persons who would not be eligible to receive a gaming license from the 

Tribes; or 
(F) Persons having any interest in or responsibility for, either directly or 

indirectly, any gaming related contract with the Tribe or any hftY-jng 

gaming enterprise on the Reservation. 

(5) Terms of the Office. The TGRA Commissioners shall serve for three-year te1ms. 

The respective term for each TGRA Commissioner shall be designated in their 

appointment. TGRA Commissioners shall serve until a successor is appointed 

and may serve for more than one tenn. 

(6) Removal from Office. TORA Commissioners may only be removed from office 

before the expiration of their tenns by the Tribal Council for neglect of duty, 

malfeasance, misfeasance, nonfeasance, or other good cause shown, in the same 

manner as ~embers of the Ttibal Council may be impeached. 

(7) Quorum. Two (2) TGRA Commissioners shall constitute a quonnn of the TGRA, 

provided at least one of such TGRA Conunissioner shall be a tribal member. 

(8) Officers and Duties of TGRA Commissioners. TI1e Tribal Council shall 

designate from among the Corrunissioners of the TGRA a Chair, Vice-Chair) and 

Secretary of the TGRA. The Chair shall preside over meetings of the TGRA and 

the Vice-Chair shall preside in absence of the Chair. The Secretary shall record in 

writing the minutes of all TGR.A meetings and all official actions taken by the 

TGRA. The Commissioners shall be considered empJOY.ees of the TORA, and 

sJwll assist with and ensure ftilfillment of duties as outlined in Section 

260. 900( 13 ). The prescribed hours and compensation for Commissioners shall be 

approved by the Tribal Council. 

(9) Exe.cutivc Dil'ecto1· of the TGRA. The Tribal Council shall designate an 

Executive Director of the TGR.A, who shall not be a Commissioner of the TGRA. 

The Executive Director shall be a full-time employee of the TGRA with 

compensation established by the Tribal Council. The Executive Director shall be 

responsib1e for carrying out the day-to-day regulatory authority functions along 

with TGRA staff to ensure compliance is adhered to by the gaming operation and 

its employees. 

(10) Voting. All actions of the TGRA shall be taken by majority vote. The TGRA 

Chair may vote on any issue. 

(11) Meetings. TGRA Commissioners will meet two (2) tim e~ peHtte1*1~afly 

sehoo ul~ay!1-ft~J3~~he-+GRA Cemmi-ssieners (e.g., firsi-:J~esaay, lhir<I 

+fit! ffifkty-) Spee+ci.J.-.meet-ings (no m&F&-tl~an 6 meelin·g&-arlffittlUyj-wheR-tteeessaf?i 

&HaU-be eatle~e-+GRA-Gltaif-9r lwo (2) '.fGR.A..Geffi!~&H01:s and conduct 

business as necessary and appropriate lo carry out their dulics under this 

Ordinance, federal law and regulations, and the Tribal-State Compact. Notice of 

Special meetings shall be given in w1iting to each TGRA Commissioner, served 

by first class mail for delivery at least five (5) business days prior to such Special 

meeting. 
(12) Compensation for Scl'ving as TGRA Commissiouen; Reimbm·semcnt of 

Expenses. TORA Commissioners shaJJ be compensated for serving on tl1e TORA 

Commission at the rate set by the Tribal Council~ in lhe tUHttt.Htt-e~l-OG-f~+f 

tlAjl-(4-fleuttt) tHH:l~OO-f-tff.Hiay-f~-h€n.ws)-per-ffieet-it1g-an<l-ffi F Co 1 n pen sa Ii 011 for 

TORA Commi!>sioncrs shnll be bnsed upon salaries or poy rates commensurate 

with industo1 standards, as rcconunendecl by the CTWS Personnel Department 

nnd approved by the Tnbal Council. Commissioners shall be reimbursed 

reasonable and necessary expenses (mileage) incurred at the govenunent rate in 

connection with the performance of their official TORA roles and duties. 

(13) TGRA Authority. The TORA shall have the authority to: 

(A) Inspect, examine and monitor gaming activities, including the power to 

demand access to and inspect, examine, photocopy and audit all papers, 

books and records respecting such gaming activities; 

(B) Investigate any suspicion of wrongdoing in connection with any gaming 

activity; 

(C) Conduct or cause to be conducted such investigations as may be necessary 

to dete11nine in c01mection with any gaming activity, compliance with law 

or this Ordinance or any contracts, agreement, goods, services, events, 

incidents, or other matters related to gaming activities; 

{D) Establish and collect license, investigation, and regulatory fees to cover 

the costs connected therewith; 

(E) Conduct background investigations regarding any person or entity in any 

way connected with any gaming activity and issue licenses to, at 

minimum, an quaJified gaming enterprise key employee and primary 

management officials under requirements at least as stringent as those 

established in 25 CFR Pnrts 556 and 558; and grnnt, suspend, revoke, and 

renew licenses and hear and decide matters affecting such granHng, 

suspension, revocation, or renewal of licenses; 

(F) Hold such hearings, sit an.d act at such times and places, summon persons 

on the reservation to attend and testify at such hearings 1 take such 

testimony1 and receive such evidence as the TORA C01iunissioners deems 

relevant in fulfilling their duties; 

{G) Administer oaths or affirmations to witnesses appearing before the TORA 

Commissioners; 

(H) Implement and administer a system, including the promulgati-on of 

regulations, for investigating, licensing and monitoring management, 

employees, vendors, and others connected with gaming activities, as 

described in Section 260.007 of this Ordinance, including the issuance of 

licenses to gaming facilities, individuals and entities and the verification 
of internal controls, as required under this Ordinance, IGRA, and any 

Tribal-State compact or equivalent procedures prescdbed by the Secretary 

of the Interior; 

(I) Promulgate rules for any Class II or Class III gaming activity on Tribal 

Lands, except that rules for Class III activities shall not be in conflict with 

mies if any, adopted under any Ttibal-State compact. 

(J) Issue such other regulations and take such other regulatory actions as it 

deems approp1iate in order to implement the provisions of this Ordinance 

and to complv with the Tribal-Stntc Class Ill Gaming Compact. and 

ftP.plicable federal lnw and regulations; and, 

(K) Carry out such other regulatory duties with respect to gaming activities as 

the Tribal Council shall direct. 

(14) Monthly and Annua1 Reports. On Ol' before the tenth day of each month, the 

TORA shaJI provide to the Tribal Council a Monthly Report summarizing its 

activities during the prior month and accounting for all receipts and 

disbursements. On or before the last day of the third month after the close of the 

Tribes' fiscal year of each year, the TORA shall provide to the Tribal Council an 

Annual Report, summarizing its activities during the prior fiscal year and 

accounting for all receipts and disbursements. 

(l 5) Funding. All funding of the TORA shall be pursuant to a Budget to be proposed 

to the Tribal Council and approved, funded, and modified, if necessary, in 

accordance with the Tribe's procedures for approving and funding budgets for 

other departments and agencies of the tribal goverrunent. In preparing the 

Budget, all actual and anticipated surplus funds of the TORA shall be taken into 

account. Expenditures by the TORA shall be in accordance with the approved 

Budget. Changes in the approved Budget and requests for additional funds shall 

be by petition to the Tribal Council, in accordance wjth suoh procedures, if any, 

for other tribal government departments and agencies. As required by 1he Tribalslale Compal:! and by applicable federal law and regulations, the Budget shall he 

suffic!cnl each yca1 for the TORA lo cnrry out and fulfill its duties under this 

Ordinance. 

(16) TGRA's Relationship to Tribal Government; Supervision of Administration. 

(A) Agency of Tl'ibHI Govei·nment. The TGRA sludl be deemed to be an 

agency of the tribaJ govemment and as such shall be subject to perso1meJ 

and other hibal goverrunental administrative policies, subject to oversight 

by the Secretary-Treasurer of the Tribal Council. The administration of all 

such policies shall be under the supervision of the Tribal Council. In the 

absence of applicable tribal personnel or other administrative policies, the 

TORA shall promulgate its own policies~ subject to approval of the Tribal 

Council. 
'' ' 

(B) Independent DecJsion-Making Authority. Notwithstanding the fact that 

the TORA is an agency of tribal govenunent, the decisions of the TGRA 

regarding licensing, suitability, compliance with applicable law and other 

regulatory matters shall be within the exclusive province of the TORA; 

provided, however, in the event of appeals of TORA decisions to the 

Wann Springs Court of Appeals pursuant to WSTC Sec. 260.7(9)(F) the 

rulings of the Wann Spdngs Cou11 of Appeals shall be final. 
RESOLUTION NO. 12,287 

WHEREAS, By Tribal Council Resolution No. 12,243 

(October 25, 2016) Tribal Council adopted certain amendments to 

the Warm Springs Gaming Ordinance (Warm Springs Tribal Code 

Chapter 260, Ordinance No. 76); and, 

WHEREAS, By letter dated November 28, 2016, the Warm 

Springs Gaming Ordinance, as amended by Resolution No. 12, 243, 

was submitted to the National Indian Gaming Commission ("NIGC"J 

for NIGC' s review and approva l pursuant to 25 CFR § 522. 3 (a); 

and, 

WHEREAS, During the course of NIGC' s review pursuant 

to 25 CFR § 522.6, of the amendments to the Warm Springs Gaming 

Ordinance approved by Resolution No. 12, 243, NIGC staff 

determined t hat certain language required b y 25 CFR § 556. 2 (a) 

in the Privacy Act notice to applicants for key employee and 

primary management official positions was omitted from the 

amended Warm Springs Gaming Ordinance; and, 

WHEREAS, In order to obtain NIGC' s approval of the 

amendments to the Gaming Ordinance adopted by Resolution No. 

12,243, it is necessary for Tribal Council to adopt a 

supplemental amendment to the Gaming Ordinance to add the 

omitted language required by 25 CFR § 556.2 {a); and, 

WHEREAS, Pursuant to this Resolution, this 

supplemental amendment to the Gaming ordinance to satisfy the 

requirements of 25 CFR § 556.l{a) adds the following language to 

the Gaming Ordinance at WSTC § 260. 007 (2) (A) " ... by the Tribal 

gaming regulatory authorities ·and ... ", so that WSTC § 

260.007(2) (A) will now read (supplemental amendment language 

underlined) : 

"(A) The following notice shall be placed on the 

application form for a key employee or a primary 

management official before that form is filled 

out by an applicant : 

"In compliance with the Privacy Act of 1974, 

the following information is provided: Solicitation 

of the information on this form is authorized by 25 

U.S. C. 2701 et seq. The purpose of the requested 

informat ion is to determine the eligibility of 

individuals to be granted a gaming license. The 

information will be used by the Tribal Gaming 

W!OO.Ol6(d)/1124669 _2.docx 
Resolution No. 12,287 

Page 2 of 3 

regulatory authorities and by National Indian Gaming 

Commission (NIGC) members and staff who have need for 

the information in the performance of their official 

duties. The information may be disclosed by the Tribe 

or the NIGC to appropriate Federal, Tribal, State, 

local, or foreign law enforcement and regulatory 

agencies when relevant to civil, criminal, or 

regulatory investigations or prosecutions or when 

pursuant to a requirement by a tribe or the NIGC in 

connection with the issuance, denial, 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 

license you for a primary management official or key 

employee position. 

"The disclosure of your Social Security Number (SSNJ 

is voluntary. However, failure to supply a SSN may 

result in errors in processing your application."; 

and, 

WHEREAS, The amended Gaming Ordinance containing the 

amendments adopted by Resolution No. 12,243 and the supplemental 

amendment adopted pursuant to this Resolution is attached to 

this Resolution and marked Exhibit '\'A"; now, therefore, 

BE IT RESOLVED, By the 27th Tribal Council of the 

Confederated Tribes of the Warm Springs Reservation of Oregon, 

pursuant to Article V § 1(1) and (u), of the Tribal 

Constitution and By-Laws, that the Tribal Council hereby adopts 

and approves the supplemental amendment to Warm Springs Tribal 

Code (Gaming ordinance) § 260.007(2) (A) set out above; and, 

BE IT FURTHER RESOLVED, By the Tribal Council that the 

Tribal Attorney is hereby directed to submit the 

Ordinance, as amended by Resolution No. 12,243 and as 

with respect to WSTC § 260.007(2) (A) by this Resolution, 

for its review and approval. 

CERTIFICATION 

Gaming 

amended 

to NIGC 

The undersigned, as Secretary-Treasurer/CEO of the 

Confederated Tribes of the Warm Springs Reservation of Oregon 

hereby certifies that the Tribal Council is composed of 11 

members, of whom 7 constituting a quorum were present at a 

meeting thereof, duly and regularly called, noticed, convened 

and held this 10th day of February, 2017 and the foregoing 

WIOO.OJ6(d)ll 124669_2.docx 
Resolution No. 12,28? 

Page 3 of 3 

resolution was passed by the affirmative vote of 6 members, the 

Chairman not voting; and that the said resolution has not been 

rescinded or amended in any way. 

NOTED: 

Floy ~d~~ ~ Anderson J1 ,;3,/1 

Acting BIA Superintendent 

Attachment: Exhibit 11A11 

cc: Secretary-Treasure.r 

Superintendent 

Y\,f ltkJ,'-5frlL.6V\£~ DI 131 ( 1 

Michele Stacona 

Secretary-Treasurer/CEO 

Administrative Services Center 

WICO.OJ6(d)ll l24669 _2.docx 
Exhibit A 

WARM SPRINGS T'.RIBAL CODE 

CHAPTER260 

CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF OREGON 

AMENDED AND RESTATED CLASS U AND CLASS III GAMING ORD~ANCE 

260.001 

260.002 

260.003 

260.004 

260.00:5 

260.006 

260.007 

260-.008 

260;009 

260.010 

260.011 

Table of Contents 

Pag,e 

Purpose .................................................................................................................... 1 

Gaini11g Authorized ................................................................................................. l 

Ownership of Gaming ............................................................................................. l 

·use of Gaming Revenue ......................................................................................... l 

Audit. ...................................................................................................................... 1 

Protection of the Environment and Public Health and Safety ................................ 2 

Licenses for Key Employees and Primary Management Officials ......................... 2 

License Locations ........................................................................... 10 

Tribal Gaming Regulatory Authority ....... ..... ....... ................................. 10 

R epeaJ ............................................................................... ......... 14 

Service of Process ............ ............................................................... 14 

-iw100.0t4(a)\I 124848.uoc 
WARM SPRINGS TRIBAL CODE 

CHAPTER 2601 

CONFEDERATED TRIBES OF THE WARM SPRINGS RESERVATION OF OREGON 

AMENDED AND RESTATED CLASS 11 AND CLASS III GAMING ORDINANCE 

260.001 Purpose. The Tribal Council, pursuant to the authority contained in Article V, 

Section l (i) and (I) of the Constitution and Bylaws, as amended, of the Tribe, hereby 

enacts this Ordinance in order to set the terms for Class II and Class III gaming 

operations on tribal lands. 

260.002 Gaming Authorized. Class H gaming and Class III gaming as defined in the 

Indian Gaming Regulatory Act, P.L. 100-447, 25 U.S.C. §2703 ("IGRA"), and by the 

regulations promulgated by the National Indian Gaming Commission at 25 C.F.R. §502.3 

(as published in the Federal Register at 57 FR 12382-12393, April 9, 1992, as amended 

from time to time) is hereby authorized. 

260.003 Ownership of Gaming. The Tribe shall have the sole proprietary interest in and 

responsibility for the conduct of any gaming operation authorized by this ordinance. 

260.004 Use of Gaming Revenue. Net revenues from Class II and Class III gaming shall 

be used only for the following purposes: to fund tribal government operations and 

programs; provide for the general welfare of the Tribe and its members; promote tribal 

economic development; donate to charitable organizations; or help fund operations of 

local government agencies. 

(1) 

260.005 

(1) 

(2) 

If the Tribe elects to make per capita payments to tribal members, it shall 

authorize such payments only upon approval of a plan submitted to the Secretary 

of the Jnteliorunder 25 U.S.C. §2710(b)(3). 

Audit. 

The T1ibe shall cause to be conducted not less often than annually an independent 

audit of gaming operations and shall submit the resulting audit reports to the 

National Indian Gaming Commission. 

All 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 specially included within the scope of the 

audit that is described in subsection 260.005(1) above. 

1 WSTC Chapter 260 was amended and restated in its entirety by Tribal Council Resolution l J ,889(A), adopted on 

May 19, 2014 and certified ou June 30, 2014. 

-1-

WI00.016(d)\l 124848.doc 
260.006 Protection of the Environment and Public Health and Safety. Class II and 

Class m gaming facilities shall be constructed, maintained, and operated in a manner that 

adequately protects the environment and the public health and safety. 

260.007 Licenses for Key Employees and Primary Management Officials. 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 and 

Class III gaming enterprise operated on Indian lands: 

(1) Definitions. For the purposes of this section, the following definitions apply: 

(A) "Key employee" means: 

(a) A person who performs one or more of the foilowing functions: 

(i) Bingo caller; 

(ii) Counting room supervi or~ 

(iii) Chief of security; 

(iv) Custodian of gaming supplies or cash; 

(v) Floor manager; 

(vi} Pit boss; 

(vii) Dealer; 

(viii) Croupier; 

(ix) Approver of credit; or 

(x) Custodian of gambling devices including persons with 

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 per year; or 

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

persons in the gaming operation. 

(B) "Primary management official" means: 

(a) The person having management responsibility for a management 

contract; 

(b) Any person who has authority: 

-2-

WI00.016(d)\l l24848.doc 
(i) To hire and fire employees; or 

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

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

management responsibility. 

(2) Application Forms. 

(A) The following notice shall he placed on the application form for a key 

employee or a primary management official before that fonn is filled out 

by an applicant: 

''In compliance with the Privacy Act of 1974, the following infonnation is 

provided: Solicitation of the information on this fonn is authorized by 25 U.S.C. 

2701 et g:g. The purpose of the requested information is to determine the 

eligibility of individuals to be granted a gaming license. The information will be 

used by the Tribal Gaming regulatory authorities and by National Indian Gaming 

Commission (NIGC) members and staff who have need for the information in the 

performance of their official duties. The infonnation may be disclosed by the 

Tribe or the NIGC to appropriate Federal, Tribal, State, local, or foreign law 

enforcement and regulatory agencies when relevant to civil, criminal or regulatory 

investigations or prosecutions or when pursuant to a requirement by a tribe or the 

NJGC in connection with the issuance, denial, 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 license you for 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." 

(B) 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 Privacy Act 

notice; or 

(b) Sign a statement that contains the Privacy Act notice and consent 

to the routine uses described in that notice. 

(C) The following notice shall be placed on the application fonn for a key 

employee or a primary official before that fonn is filled out by an 

applicant. 

.. A false statement on any part of your license appJication may be grounds 

for denying a license or the suspension or revocation of a license. Also, 

-3-

Wl00.0l6(d)\l 124S4S.doc 
you may be punished by fine or imprisonment. (U.S. Code, Title 18, 

Section 100 I)" 

(D) The Tribe shalJ notify 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. 

(3) Background Investigations. The Tribe shall perform a background investigation 

for each primary management official and for each key employee of a gaming 

operation. 

(A) The Tribe shall request from each primary management official and from 

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 birth, citizenship, gender, all 

languages (spoken or written); 

(b) Currently and for the previous five years: Business and 

employment positions held, ownership interests in those 

businesses, business and residence 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 ofresidence listed under 

paragraph (3}(A)(b) of this section; 

(d) Current business and residence telephone numbers; 

(c) A description of any existing and previous business relationships 

with Indian tribes, including ownership interests in those 

businesses; 

(f) A description of any existing and previous business relationships 

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 pennit 

related to gaming, whether or not such license or pennit was 

granted; 

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(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 misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), within l 0 years of 

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

involved and the date and disposition; 

(j) For each criminal charge (ex.cl uding minor traffic charges); 

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

within I 0 years of the date of the application and is not otherwise 

listed pursuant to paragraph (3)(A)(h) or (J)(A)(i) of the 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 pennit was 

granted; 

(I) 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. §522.2(h). 

(B} If, in the course of a background investigation, the Tribe discovers that the 

applicant has a notice of results on file with the NlGC from a prior 

investigation and the Tribe has access to the earlier investigative materials 

(either through the NIGC or the previous tribal investigative body) the 

Tribe may rely on these materials and update the investigation and 

investigative report under 25 C.F.R. Sec. 556.6(b)(J ). 

(C) In conducting a background investigation, the Tribe or its agents shall 

promise to keep confidential the identity of each person interviewed in the 

course of the investigation. 

(4) Tribal Eligibility determination. The Tribe shall conduct an investigation 

sufficient to make an eligibility detennination. 

(A) To make a finding concerning the eligibility of a key employee or primary 

management official for granting of a gaming license, an authorized tribal 

official shall review a person's: 

(a) Prior activities; 

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(b) Criminal record, if any; and 

(c) Reputation, habits and associations. 

(B) If the authorized tribal official, in applying the standards adopted in this 

Gaming Ordinance, determines that license 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 prac.,1iccs 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. 

(5) Report to the National Indian Gaming Commission. 

(A) When the Tribe employs a key employee or primary management official, 

the Tribe shall maintain a complete application file containing the 

infonnation listed under 25 C.F.R. Section 556.4(a)(l) through (14). 

Before issuing a license to a primary management official or to a key 

employee, the Tribe shall: 

(a) Create and maintain an investigative report on each background 

investigation. An investigative report shall include all of the 

following: 

(i) Steps taken in conducting a background investigation: 

(ii) Results obtained; 

(iii) Conclusions reached: and 

{iv) The basis for those conclusions. 

(b) Submit a notice of the results of the applicant's background 

investigation to the NIGC no later than sixty (60) days after the 

applicant begins work. The notice of results shall contain: 

(i) Applicant's name, date of bitth, and social security number; 

(ii) Date on which the applicant began or will begin work as a 

key employee or primary management official: 

(ill) A summary of the infonnation presented in the 

investigative report, which shall at a minimum include a 

listing of: 

A. Licenses that have previously been denied: 

Wl00.016(d)\l l24848.doc 
B. Gaming licenses that have been revoked, even if 

subsequently reinstated: 

C. Every known criminal charge brought against the 

applicant within the last 10 years of the date of 

applicant: and 

D. Every felony of which the applicant has been 

convicted or any ongoing prosecution. 

(iv) A copy of the eligibility detcnnination made under 25 

C.F.R. Section 556.5. 

(6) Notice. AH notices under required to be proved under this Gaming Ordinance 

shall be provided to the NIGC through the appropriate NIGC Regional Office. 

(7) Review of Notice of Results for A Key Employee or Primary Management 

Official. 

(A) Upon receipt of a complete notice of results for a key employee or primary 

management official as required by 25 C.F.R. Section 556.6(b)(2), the 

NJOC Chair has 30 days to request additional information from the Tribe 

concerning the applicant or licensee and to object. 

(8) If the NJGC has no objection to issuance of a license, it shall notify the 

Tribe within thirty (30) days of receiving notice of results pursuant to 25 

C.F.R. Section 556.6(b){2). 

(C) If, within the 30-day period described in 25 C.F.R. Section 558.3(a), the 

NIGC provides the Tribe with a statement itemizing objections to the 

issuance of a license to a key employee or to a primary management 

official applicant for whom the Tribe has provided a notice of results, the 

Tribe shall reconsider the application, taking into account the objections 

itemized by the NIGC. The Tribe shall make the final decision whether to 

issue a license to such applicant. 

(D) If the Tribe has issued the license before receiving the NJGC's statement 

of objections, notice and hearing shall be provided to the licensee as 

provided by 25 C.F.R. Section 588.4. 

(8) Notification to NIGC of License Decisions and Retention Obligations. 

(A) After the Tribe has provided a notice ofresults of the background check to 

the NIGC, the Tribe may license a primary management official or key 

employee. 

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WIOO.Ol 6(d)\l 12484&.doc 
(B) Within thirty (30) days after the issuance of the license, the Tribe shall 

notify the NIGC of its issuance. 

(C) The gaming operation shatl not employ a key employee or primary 

management official who does not have a li.cense after ninety (90) days. 

(D) If the Tribe does not license an applicant---

(a) The Tribe shall notify the NIGC; and 

(b) Shall forward copies of its eligibility detennination and notice of 

results, under 25 C.F.R. Section 566.6(b)(2) to NIGC for incJusion 

the Indian Gaming Individuals Record System. 

(E) The Tribe shall retain the following for inspection hy the Chair of the 

NIGC or his or her designee for no less than three years from the date 

of termination of employment: 

(a) Applications for licensing: 

(b) Investigative reports: and 

(c) Eligibility detenninations 

(9) Suspension and Revocation of Gaming Licenses: Notice of Information 

Impacting Eligibility and Licensee's Right to a Hearing; Appeals. 

(A) If, after the issuance of a gaming license, the NIGC receives reliable 

infi.mnation indicating that a key employee or a primary management 

official is not eligible for employment under 25 C.F.R. Section 556.5, the 

NIGC shall notify the Tribe of the iufonnation. 

(8) Upon receipt of such notification wider paragraph (A) from NIGC, or 

upon receipt of such information from another reliable source that a key 

employee or a primary management official is not eligible for employment 

under 25 C.F.R. Section 556.5, the Tribe shall immediately suspend the 

license and shall provide the licensee with written notice of suspension 

and proposed revocation. 

(C) The Tribe shall notify the licensee of a time and a place for a hearing on 

the proposed revocation of a license. 

(D) A right to a hearing under this section shall vest only upon receipt of a 

license granted under the Gaming Ordinance approved by the Chair of the 

NIGC. 

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WI00.016(d)\l 124848.doc 
(E) After a revocation hearing, of which the licensee has been afforded due 

process and given at least ten (10) days written notice, which notice fairly 

and fully informs them of the grounds for their license suspension and 

proposed license revocation, and at which hearing they shall have the 

opportunity to present relevant oral and written evidence, the Tribe shall 

decide to revoke or to reinstate a gaming license. The Tribe shall weigh 

the evidence, testimony and exhibits and make its decision on the basis of 

a preponderance of the evidence and credibility of the evidence and 

witnesses. The Tribe's decision shall be issued in wiiting within thirty 

(30) days of the hearing, and such decision shall include a statement of 

facts and a statement of legal authority on which the decision is based. 

Decisions shall be delivered to the party for whom the hearing was held 

and shaH include information and instructions for appealing the decisions 

pursuant to WSTC 260.007(9)(F). The Tribe shall notify the NIGC of its 

decision within 45 days of receiving notification from the NIGC pursuant 

to paragraph (A) of this sub-section (9). 

(F) Appeals from the Tribal Gaming Regulatory Authority Decisions 

The Wann Springs Court of Appeals ("Court of Appeals"), established 

pursuant to WSTC Chapter 203, shall act as the final reviewing body for a 

decision of the Tribal Gaming Regulatory Authority to deny a license or to 

revoke or suspend the license of any licensee. 

Any appeal of the Tribal Gaming Regulatory Authority decision to the 

Warm Springs Court of Appeals must be filed within thirty (30) days after 

receiving notice of the decision of the Tribal Gaming Regulatory 

Authority, unless a different time frame is otherwise specified or required 

by the Compact, this Ordinance, or applicable regulations. Upon the filing 

of a Notice of Appeal, pursuant to the Rules of the Court of Appeals~ the 

Tribal Gaming Regulatory Authority shall prepare and submit to the Court 

of Appeals within fifteen ( 15) days the Administrative Record f the Tribal 

Gaming Regulatory Authority's denial, revocation or suspension 

proceedings. Both parties to the appeaJ, the person appealing the decision 

of the Tribal Gaming Regulatory Authority and the respondent Tribal 

Gaming Regulatory Authority, shall have the opportunity to submit 

written arguments on the issues presented by the appeal and, in the 

discretion of the Court of Appeals, participate in oral argument before the 

Court of Appeals. 

The Court of Appeals shall review the Tribal Gaming Regulatory 

Authority's decisions de novo on questions oflaw and for clear error on 

questions of fact. The Court of Appeals is authorized to reverse a decision 

made by the Tribal Taming Regulatory Authority only where the Court of 

Appeals finds the Tribal Gaming Regulatory Authority's decision was 

WI ()0.0l6(d)\l 124848.doc 
unreasonable, arbitrary, capricious, an abuse of discretion, or otherwise 

not in accordance with applicable Tribal, federal or state laws; 

(a) The Tribal Gaming Regulatory Authority exceeded its 

jurisdiction, authority, or limitations, under applicable tribal laws; 

(b) The Tribal Gaming Regulatory Authority's dec.ision is 

unsupported by substantial evidence or unwarranted by the facts 

presented, either orally or substantively. 

The rulings of the Warm Springs Court of Appeals on matter brought pursuant to 

this Gaming Ordinance shall be final. 

(10) Submission of Notices. All notices under this section shall be provided to the 

NIGC through the appropriate Regional Office. 

260.008 License Locations. The Tribe shall issue a separate license to each place, 

facility, or location on Indian lands where Class II or Class III gaming is conducted under 

this ordinance. 

260.009 

(1) 

(2) 

(3) 

Tribal Gaming Regulatory Authority2

• 

Establishment of Tribal Gaming Regulatory Authority. There is hereby 

established by the Tribe a Tribal Gaming Regulatory Authority to be known as 

the Wann Springs Tribal Gaming Regulatory Authority (hereafter "The TGRA"). 

The TGRA shall be comprised of three (3) persons, who shall be designated as 

'"TGRA Corrunissioners." TGRA Commissioners may be members or non· 

members of the Tribe, provided that not less than one TGRA Commissioner shall 

be a tribal member. 

Qualilications and Licensing of TGRA Commissioners. Members of the 

TORA shall be chosen from individuals who have expertise and knowledge in the 

fields of Indian gaming, accounting, finance, law enforcement or such other fields 

and know ledge that would, in the opinion of the Tribal Council, be of special 

benefit to service on the TGRA Commission. 

Selection of TGRA Commissioners. The Tribal Council shall by motion appoint 

a five-member TGRA Commissioner Selection Committee (hereafter '"The 

Selection Committee") composed of two members of the Tribal Council, the 

Secretary~ Treasurer of the Tribal Council and two members at large. Members of 

tl1e Selection Committee may be either members or non~members of the Tribe. 

The Selection Committee shall establish procedures for notice of vacancies on the 

TGRA, recruitment of qualified applicants, interview, and selection processes. 

The Selection Committee shall submit their nominee(s) for any vacancy on the 

2 WSTC Chapter 260 Section 260.009 (8), (11), (12), (13). and (15) were amended and restated in their entirety by 

Tribal Council Resolution 12,243, adopted and certified on October 25, 2016. 

-toWI00.016(d)\l 124848.doc 
TGRA to the Tribal Council. for confinnation and appointment by Tribal Council 

resolution. 

(4) Disqualifications for Office. The following persons may not serve as TGRA 

Commissioners: 

(A) Members of the Tribal Council; 

(B) Members of the board of directors of any tribal gaming enterprise; 

(C) Employees of any tribal gaming enterprise; 

(D) The immediate family of any gaming contractor (including any principal 

thereof or closely associated independent contractor). For the purpose of 

this section, immediate family members are defined as: husband, wife, 

son, daughter, mother, father, brother, sister, grandfather, grandmother, 

legal guardian, or other totally dependent relative of lhe individual; 

(E) Persons who would not be eligible to receive a gaming license from the 

Tribes; or 

(F) Persons having any interest in or responsibility for, either directly or 

indirectly, any gaming related contract with the Tribe or any gaming 

enterplise on the Reservation. 

(5) Terms of the Office. The TGRA Conunissioners shall serve for three-year tenns. 

The respective term for each TGRA Commissioner shall be designated in their 

appointment. TGRA Commissioners shall serve until a successor is appointed 

and may serve for more than one tenn. 

(6) Removal from Office. TORA Commissioners may only be removed from office 

before the expiration of their tenns by the Tribal Council for neglect of duty, 

malfeasance, misfeasance, nonfeasance, or other good cause shown, in the same 

manner as members of the Tribal CounciJ may be impeached. 

(7) Quorum. Two (2) TGRA Commissioners shall constitute a quorum of the TGRA, 

provided at least one of such TGRA Commissioner shall be a tribal member. 

(8) Officers and Duties of TGRA Commissioners. The Tribal Council shall 

designate from among the Commissioners of the TGRA a Chair, Vice-Chair, and 

Secretary of the TGRA. The Chair shall preside over meetings of the TGRA and 

the Vice-Chair shall preside in absence of the Chair. The Secretary shall record in 

w1iting the minutes of all TGRA meetings and all official actions taken by the 

TGRA. The Commissioners shall be considered employees of the TGRA, and 

shall assist with and ensure fulfillment of duties as outlined in Section 

260.009( 13 ). The prescribed hours and compensation for Commissioners shall be 

approved by the Tribal Council. 

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WI00.016(d)\l 124848.doc 
(9) Executive Director of the TGRA. The Tribal Council shall designate an 

Executive Director of the TGRA, who shall not be a Commissioner of the TGRA. 

The Executive Director shal1 be a full-time employee of the TGRA with 

compensation established by the Tribal Council. The Executive Director shall be 

responsible for carrying out the day~to-day regulatory authority functions along 

with TGRA staff to ensure compliance is adhered to by the gaming operation and 

its employees. 

(10) Voting. All actions of the TGRA shall be taken by majority vote. The TGRA 

Chair may vote on any issue. 

(1.1) Meetings. TGRA Commissioners will meet and conduct business as necessary 

and appropriate to carry out their duties under this Ordinance, federal Jaw and 

regulations, and the Tribal-State Compact. Notice of Special meetings shall be 

given in writing to each TGRA Commissioner, served by first class mail for 

delivery at least five (5) business days prior to such Special meeting. 

(12) Compensation for Serving as TGRA Commissioners; Reimbursement of 

Expenses. TGRA Commissioners shall be compensated for serving on the TGRA 

Commission at the rate set by the Tribal Council. Compensation for TGRA 

Commissioners shall be based upon salaries or pay rates commensurate with 

industry standards, as recommended by the CTWS Personnel Department and 

approved by the Tribal Council. Commissioners shall be reimbursed reasonable 

and necessary expenses (mileage) incurred at the government rate in connection 

with the performance of their official TORA roles and duties. 

(13) TGRA Authority. The TGRA shall have the authority to: 

(A) Inspect, examine and monitor gaming activities, including the power to 

demand access to and inspect, examine, photocopy and audit all papers, 

books and records respecting such gaming activities; 

(B) Investigate any suspicion of wrongdoing in connection with any gaming 

activity; 

(C) Conduct or cause to be conducted such investigations as may be necessary 

to detcnnine in connection with any gaming activity, compliance with law 

or this Ordinance or any contracts, agreement, goods, services, events, 

incidents, or other matters related to gaming activities; 

(D) Establish and collect license, investigation, and regulatory fees to cover 

the costs connected therewith; 

(E) Conduct background investigations regarding any person or entity in any 

way connected with any gaming activity and issue licenses to, at 

minimum, all qualified gaming enterprise key employee and primary 

management officials under requirements at least as stringent as those 

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Wl 00.016(d)\l 124848.doc 
established in 25 CFR Parts 556 and 558; and grant, suspend, revoke, and 

renew licenses and hear and decide matters affecting such granting, 

suspension, revocation, or renewal of licenses; 

(F) Hold such hearings, sit and act at such times and places, summon persons 

on the reservation to attend and testify at such hearings, take such 

testimony, and receive such evidence as the TGRA Commissioners deem 

relevant in fulfilling their duties; 

(G) Administer oaths or affirmations to witnesses appearing before the TORA 

Commissioners; 

(H) Implement and administer a system, including the promulgation of 

regulations, for investigating, licensing and monitoring management, 

employees, vendors, and others connected with gaming activities, as 

described in Section 260.007 of this Ordinance, including the issuance of 

licenses to gaming facilities, individuals and entities and the verification 

of internal controls, as required under this Ordinance, IGRA, and any 

Tribal-State compact or equivalent procedures prescribed by the Secretary 

of the Interior; 

(I) Promulgate rules for any Class IJ.or Class Ill gaming activity on Tribal 

Lands, except that rules for Class III activities shall not be in conflict with 

rules if any, adopted under any Tribal-State compact; 

(J) Issue such other regulations and take such other regulatory actions as it 

deems appropriate in order to implement the provisions of this Ordinance 

and to comply with the Tribal-State Class Ill Gaming Compact, and 

applicable federal law and regulations; and, 

(K) Carry out such other regulatory duties with respect to gaming activities as 

the Tribal Council shall direct. 

(14) Monthly and Annual Reports. On or before the tenth day of each month, the 

TORA shall provide to the Tribal Council a Mont11ly Report summarizing its 

activities during the prior month and accounting for all receipts and 

disbursements. On or before the last day of the third month after the close of the 

Tribes' fiscal year of each year, the TGRA shall provide to the Tribal Council an 

Annual Report, summarizing its activities during the prior fiscal year and 

accounting for all receipts and disbursements. 

(JS) Funding. All funding of the TGRA shall be pursuant to a Budget to be proposed 

to the Ttibal Council and approved, funded, and modified, if necessary, in 

accordance with the Tribe's procedures for approving and funding budgets for 

other departments and agencies of the tribal government. In preparing the 

Budget, all actual and anticipated surplus funds of the TGRA shall be taken into 

account. Expenditures by the TORA shall be in accordance with the approved 

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WJOO.OJ 6(d)\I 124848.doc 
Budget. Changes in the approved Budget and requests for additional funds shall 

be by petition to the Tribal Council, in accordance with such procedures, if any, 

for other tribal government departments and agencies. As required by the TribalState Compact and by applicable federal law and regulations, the Budget shall be 

sufficient each year for the TGRA to carry out and fulfill its duties under this 

Ordinance. 

(16) TGRA's Relationship to Tribal Government; Supervision of Administration. 

(A) Agency of Tribal Government. The TGRA shall be deemed to be an 

agency of the tribal government and as such shall be subject to personnel 

and other tribal governmental administrative policies, subject to oversight 

by the Secretary-Treasurer of the Tribal Council. The adminisn·ation of all 

such policies shall be under the supervision of the Tribal Council. In the 

absence of applicable tribal personnel or other administrative policies, the 

TGRA shall promulgate its own policies, subject to approval of the Tribal 

Council. 

(B) Independent Decision-Making Authority. Notwithstanding the fact that 

the TGRA is an agency of tribal government, the decisions of the TORA 

regarding licensing, suitability. compliance with applicable law and other 

regulatory matters shall be within the exclusive province of the TGRA; 

provided, however, in the event of appeals ofTGRA decisions to the 

Warm Springs Court of Appeals pursuant to WSTC Sec. 260.7(9)(F) the 

rulings of the Warm Springs Court of Appeals shall be final. 

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

gaming ordinances are hereby repealed. 

260.011 Service of Process. The Tribal Council designates the Chair of the TGRA as the 

Agent ofTGRA and the Tribe for any and all service, including but not limited to notices 

of official detenninations, orders or notices of violation in accordance with 25 CFR 

Part 519. 

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