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TRIBAL COUNCIL OF THE NORTHERN CHEYENNE

NORTHERN CHEYENNE RESERVATION

LANE DEER, MONTANA

ORDINANCE NO. 13 (93)

An Ordinance of the Northern Cheyenne Tribal Council authorizing

and regulating Class II and Class III gaining within the exterior

boundaries of the Northern Cheyenne Indian Reservation and

establishing a Northern Cheyenne Reservation Gaining Conunission to

oversee and regulate gaining within the exterior boundaries of the

Northern Cheyenne Reservation.

WI-IEREAS, pursuant to the Tribes Constitution and Bylaws, the

Northern Cheyenne Tribal Council of the Northern Cheyenne Indian

Reservation, has the sovereign right and duty to set the terms and

to regulate gaming activities which occurs within the exterior

boundaries of the Northern Cheyenne Indian Reservation; and,

WHEREAS, the U.S. Congress has enacted the Indian Gaining

Regulatory Act, and regulations have been developed to implement

the Indian Gaming Regulatory Act which the Northern Cheyenne Tribal

Council recognizes as the overriding controlling federal law that

both the Northern Cheyenne Indian Reservation and the State of

Montana must follow in any gaming which occurs within the exterior

boundaries of the Northern Cheyenne Indian Reservation; and,

WHEREAS, the Northern Cheyenne Tribal Council has entered into an

Agreement with the State of Montana concerning Class III gaming

within the exterior boundaries of the Northern Cheyenne Indian

Reservation that defines the gaines and the limits on those games;

now,

THEREFORE BE IT ORDAINED with the above in mind, the Northern

Cheyenne Tribal Council has drafted and enacted into law the

following ordinance, to be called the Northern Cheyenne Reservation

Gaining Ordinance and if there are any major changes this ordinance

must be brought back to the Council for its approval.

I. Gaming Authorized

Class II gaming as defined in the Indian Gaming

Regulatory Act and by the regulations promulgated by the National

Indian Gaining Commission is hereby authorized by the Northern

Cheyenne Tribal Council, with the regulating of gaming to be done

by the Northern Cheyenne Reservation Gaming Commission. Class III

gaming as defined - in the Indian Gaming Regulatory Act and

promulgated regulations, which is authorized by the Class III

Agreement the Tribe has with the State of Montana, is hereby

authorized by the Northern Cheyenne Tribal Council with the

regulating of such Class III gaming to be done by the Northern

Cheyenne Reservation Gaming Commission.
.4..

ORDINANCE NO. 13 (93) PAGE 2.

II. Ownership of Gaming

The Northern Cheyenne Tribe shall have the sole propriety

interest in and responsibility for the conduct of any gaming

authorized by this ordinance.

III. Use of Gaming Revenue

Net revenues from tribally gaming shall be used only to

fund the Northern Cheyenne Youth Reservation Program, the NCR

Elderly Program, the NCR Health Program, or the NCR Education

Program. Fifty percent of the net revenues shall be budgeted by

the Northern Cheyenne Tribal Council to the above tribal programs.

No per capita payments shall be paid by the Northern Cheyenne

Tribal Council with gaming net revenue.

IV. Audit

The Tribe shall annually cause to be conducted an

independent audit of Northern Cheyenne Reservation tribal gaming

operation and shall submit a copy of the resulting audit to the

National Indian Gaming Commission. Any gaming related contract

that results in the purchases of supplies, services, or concessions

in excess of $25,000.00 annually shall be specifically included

within the scope of this audit. This audit shall include a yearly

inventory.

V. Protection of the Environment, Public Health and Safety

Class II and III Gaming facilities shall be constructed,

maintained, and operated in a manner that adequately protects the

environment, public health and safety.

VI. The Selection, Responsibilities. Duties Powers, and

Authorities of the Northern Cheyenne Reservation Gaming Commission

1. A five person Northern Cheyenne Reservation Gaming

Commission will be selected by the Tribal Council President. Each

Commissioner shall be vested with authority upon confirmation of

their selection by the Northern Cheyenne Tribal Council. Removal

of a Commission shall be by the Tribal Council President, for

cause, in writing, with the reasons for such removal listed on the

removal letter. Vacancies shall be filled by the Tribal Council

President with Tribal Council concurrence. Commissioners shall be

paid for meetings and for work they perform on Commission business.

The Commission shall operate from a budget that the Tribal Council

shall set each fiscal year. Commissioners shall be composed of

three tribal council members and two community at large

representatives. All Commissioners shall be people of very high

integrity. If possible, all of the five districts should be

represented on the Commission. The Commissioners shall have two
ORDINANCE NO. 13 (93)

PAGE 3.

year terms, however, vacancies shall serve out the original term

appointment only., Commissioners shall have authority until

replaced by another Commissioner who was concurred in by the

Northern Cheyenne Tribal Council.

2. The Northern Cheyenne Reservation Gaming Commission is to

develop their own gaming operating plan and the necessary

regulations which will guide them in their duties as Commissioners.

Copies of these plans and regulation shall be sent to the National

Indian Gaming Commission, after the Northern Cheyenne Tribal

Council adopts the plan and regulations.

3. The Northern Cheyenne Reservation Gaming Commission is

delegated by the Northern Cheyenne Tribal Council the complete

responsibility, duty, power, and authority to see that gaming

activities within the exterior boundaries of the Northern Cheyenne

Indian Reservation are concluded in adherence to this Gaming

Ordinance, the Agreement that the Tribal Council has with the State

of Montana concerning Class III Gaming, and the Indian Gaming

Regulatory Act and its regulations. The Northern Cheyenne Tribal

Council President nor the Northern Cheyenne.Tribal Council shall

interfere with the Commission - however the Tribal Council

President may remove any Commissioner, with the removal reasons

listed, and the Northern Cheyenne Tribal Council may amend this

Gaming Ordinance or the Class III Agreement with Montana.

Absolutely no games will be authorized to be conducted within the

exterior boundaries of the Northern Cheyenne Indian. Reservation if

that game is prohibited in the Class III Compact that the Tribe has

with the State of Montana.

4. The Northern Cheyenne Reservation Gaming Commission shall

not license any individuals within the exterior boundaries of the

Northern Cheyenne Indian Reservation to operate any game listed in

the Class III Agreement that the Tribal Council has with the State

of Montana.

5. The Northern Cheyenne Reservation Gaming Commission shall

attempt to establish one or more tribally owned and operated gaming

locations or facilities. The Commission is authorized to lease or

buy gaming machines, such leases or purchase contracts to be signed

of f on by the Tribal Council President and the Chairman of the

Northern Cheyenne Gaming Commission.

6. The Northern Cheyenne Reservation. Gaming Commission is

authorized to rent space from tribal members who have businesses so

the Gaming Commission can place tribally owned gaming machines in

these existing businesses. The space rental agreement can be for

a flat lease of space or a percentage of the net profit from the

tribally owned machines located in that tribal members business.

The tribal members who leases the Commission space will not perform

any management for the Tribes gaming so individual management
ORDINANCE NO 13 (93)

PAGE 4.

contracts with these members will not be necessary. The gaining

operating plan wilL contain the ~rules for space rental.

7. The Northern Cheyenne Reservation Gaining Commission is

authorized to establish and sell tobacco products to tribal members

through and at the outlets where tribally owned gaming machines

will be located.

8. The Northern Cheyenne Reservation Gaming Commission is

authorized to sanction and regulate charity fund raising bingo

games that the community requests as well as turkey shoots, hand

games, private house card games, non-parimutuel horse races,

carnival community raffles,and sports pools. The Gaining Commission

will set the rules and conditions for any game prior to that

activity commencing, which will guarantee that promised payouts can

be made by the organization.

9. The Northern Cheyenne Reservation Gaining Commission is

expected by the Northern Cheyenne Tribal Council to set up exacting

procedures so that all revenues that the Tribe earns from gaining

activities is identified and remitted to the Tribal Council

Treasurer. At least 50% of the net revenue shall be annually

budgeted by the Tribal Council for youth, elderly, health, or

education programs administered by the Northern Cheyenne Tribal

Council.

10. The Northern Cheyenne Reservation Gaming~ Commission has

the responsibility, duty, power and authority to investigate all

complaints and will attempt to resolve disputes on gaming

activities with the exterior boundaries of the Northern Cheyenne

Indian Reservation. A list of the procedural steps that must be

taken by the Northern Cheyenne Reservation Gaming Commission in

attempting to resolve disputes between the gaming public,

licensees, the Tribe, or the Northern Cheyenne Gaining Commission

shall be developed by the Northern Cheyenne Gaming Commission and

a copy of that procedural list shall be submitted to the National

Indian Gaming Commission after the Northern Cheyenne Tribal Council

enacts this list of procedures. Violation of this ordinance, the

Class III Agreement with the State of Montana, or the Indian

Regulatory Gaming Act will be prosecuted in the name of the

Northern Cheyenne Reservation Gaining Commission.

11. The Northern Cheyenne Reservation Gaming Commission is

authorized to enter into a long term Class III Agreement- with the

State of Montana. That long term agreement will be brought to the

Tribal Council after negotiated for Tribal Council approval.

12. The Northern Cheyenne Reservation Gaming Commission is to

prepare a detailed annual report on their accomplishments and the

present condition of gaining on the Northern Cheyenne Reservation.

This report shall be provided to the Northern Cheyenne Tribal
ORDINANCE NO. 13 (93)

PAGE 5.

Council, and made available to the residents of the Northern

Cheyenne Reservatipn.

VII. Licenses for Key Employees and Primary Management Officials

The Tribe, through the Northern Cheyenne Reservation

Gaming Commission, shall license key employees and management

officials, pursuant to the following section, for any Class II or

Class III gaming activity within the exterior boundaries of the

Northern Cheyenne Indian Reservation:

A. Definitions

1. Key Employee means 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 Supplier or cash

e. Floor manager~

f. Pit boss

g. Dealer

h. Croupier

1. Credit approver

j. Custodian of gaming devices, including

persons with access to cash and account

records with such devices.

k. Any person whose total cash compensation

is in excess of $30,000 per year

1. the four most highly compensated persons

in the gaming activity.

2. Primary Management Officials means a person who has

management responsibility for a management contract, or any person

who has the authority to hire and fire employees, or any person who

has the authority to set up working policy for a gaming activity, or the person who is the chief financial officer who has financial

management responsibility over a tribal gaming activity.

B. License Application Forms

1. The following notice shall be placed on the license

application form before that form is filled out by an applicant:

In compliance with the 1974 Privacy Act, the following

information is provided: Solicitation of the information

on this form is authorized by 25 U.S.C. 2701 et seq. The

purpose of the requested information is to determine the

eligibility of individuals to be employed in a gaming
ORDINANCE NO. 13 (93)

PAGE 6.

activity operated by the Northern Cheyenne Tribe. The

informatjon will be used by the National Indian Gaming

Commission members and staff who have need for the

information in the performance of their official duties

The information may be disclosed to appropriate federal,

tribal, state, local, or foreign law enforcement and

regulatory agencies when relevant to civil, criminal, or

regulatory investigations or prosecutions or when

pursuant to a requirement by the Northern Cheyenne Tribe

or the National Indian Gaming Commission in connection

with the hiring and firing of an employee, the issuance

or revocation of a gaming license, or investigation of

activities while associated with the Northern Cheyenne

Tribe or a gaming operation. Failure to consent to the

disclosures indicated in this notice will result in the

Northern Cheyenne Tribe being unable to hire you. The

disclosure of your social security number is voluntary.

However, failure to supply your social security number

may result in errors in processing your application.

2. Existing key employees and primary management official

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.

3. The following notice shall be placed on the application

form before that form is filled out by an applicant:

A false statement on any part of your application may be

grounds for not hiring you, or for firing you after you begin work.

Also you may be punished by fine or imprisonment for your false

statement according to U.S. Code, title 18, Section 1001.

4. 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

notice regarding false statements; or,

b. Sign a statement that contains the notice regarding

false statements.
ORDINANCE NO. 13 (93)

PAGE 7.

C. Background Investigation

1. The Northern Cheyenne Tribe, through the Northern

Cheyenne Reservation Gaming Commission, shall request from each key

employee and from each primary management official all of the

following information:

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

social security number(s), birthdate, place of

birth, citizenship, gender, all languages (spoken or

written);

b. Currently and for the previous 5 years: business and

employment positions held, ownership interests in

those businesses, business and residence addresses,

and drivers license numbers;

c. the names and current addresses of at least three

personal references, including one personal

reference who was acquainted with the applicant

during each period of residence listed under

paragraph (1) (b) of this section;

d. Current business and residence telephone nuiither;

e. A description of any existing and previous business

relationship with Indian tribes, including ownership

interests in those businesses;

f. a description of any existing and previous business

relationship 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 as

application for a license or permit related to

gaining, whether or not such license or permit was

granted;

h. for each felony for which there is an ongoing

prosection 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, within 10 years of the

date of the application, the name and address of the

court involved and the date and disposition;
ORDINANCE NO. 13 (93)

PAGE 8.

j. for each criminal charge, whether or not there is a

conyiction if such criminal charge is within 10

years of the date of the application and is not

otherwise listed pursuant to paragraph (1.) (L) or

(1) (1.) of this section, the criminal charge, the

name and address of the court involved, and the date

and disposition. The Northern Cheyenne Reservation

Gaming Commission shall develop written procedure

describing how a criminal history check will be

conducted by the law enforcement agency that we hire

to do this criminal history check. These procedures

will be sent to the National Indian Gaming

Commission.

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 current photograph;

m. any other information the Northern Cheyenne Tribe

deems relevant, and

n. fingerprints consistent with procedures adopted by

the Northern Cheyenne Tribe, through the Northern

Cheyenne Reservation Gaming Commission, according to

25 C.F.R., Section 522.2 (L). The Northern Cheyenne

Reservation Gaming Commission shall identify a

particular law enforcement agency to take finger

prints and this agency will be forwarded to the

National Indian Gaming Commission.

2. The Northern Cheyenne Tribe, through the Northern

Cheyenne Reservation Gaming Commission, shall conduct an

investigation sufficient to make a determination under subsection

D. below. In conducting a background investigation, the Northern

Cheyenne Tribe, though the Northern Cheyenne Reservation Gaming

Commission, shall promise to keep confidential the identity of each

person interviewed in the course of the investigation.

3. The Northern Cheyenne Tribe, through the Northern

Cheyenne Reservation Gaming Commission, shall develop a checklist

describing the procedures that will be utilized by the Northern

Cheyenne Reservation Gaming Commission, in conducting the

background investigation and the checklist shall be forwarded to

the National Indian Gaming Commission.
ORDINANCE NO. 13 (93)

PAGE 9.

D. Eligibility Determination

The Northern Cheyenne Trib~e, through the Northern Cheyenne

Reservation Gaming Commission, shall review a persons prior

activities, criminal record, if any, and reputation, habits, and

associations to make a finding concerning the eligibility of an

applicant for employment in a tribal gaming activity within the

exterior boundaries of the Northern Cheyenne Indian Reservation.

If it is felt that employment of the applicant poses a threat

to the public interest or to the effective reputation of gaming or

creates or enhances dangers of unsuitable, unfair, or illegal

practices and method and activities in the conduct of gaming, the

Northern Cheyenne Reservation Gaming Commission nor any tribal

gaming activity shall not employ that person.

E. Procedures for Forwarding Applications and Reports for Key

Employees and Primary Management Officials to the National Indian

Gaming Commission

1. When a key employee or primary management official begins

work at a tribal gaming operation authorized by this gaming

ordinance, the Northern Cheyenne Tribe, through the Northern

Cheyenne Reservation Gaming Commission, shall forward to the

National Indian Gaming Commission a completed application for

employment and conduct the background investigation and make the

determination referred to in subsection (D) of this section.

2. The Northern Cheyenne Tribe, through the Northern

Cheyenne Reservation Gaming Commission, shall forward the report

referred to in subsection (F) of this section to the National

Indian Gaming Commission within 60 days after an employee begins

work or within 60 days of the approval of this ordinance by the

Chairman of the National Indian Gaming Commission.

3. The Tribal Gaming operation shall cease to employ any key

employee or primary management official who does not have a license

within 90 days after the application for license is submitted.

F. Report to the National Indian Gaming Commission

1. Pursuant to the procedure set forth in subsection (E) of

this section, the Northern Cheyenne Tribe, through the Northern

Cheyenne Reservation Gaming Commission, shall prepare and forward

to the National Indian Gaming Commission an investigative report on

each background investigation. An investigative report shall

include all of the following:

a. Steps taken in conducting a background investigation

b. results obtained;
ORDINANCE NO. 13 (93)

PAGE 10.

c. conclusions reached; and

d. the basis for those conclusions

2. The Northern Cheyenne Tribe, through the Northern

Cheyenne Reservation Gaming Commission, shall submit, with the

report, a copy of the eligibility determination made under

subsection D. of, this section.

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

Cheyenne Tribe, through the Northern Cheyenne Reservation Gaming

Commission:

a. Shall notify the National Indian Gaming

Commission, and

b. Shall forward copies of its eligibility

determination and investigative report to the

National Indian Gaming Commission for inclusion

in the Indian Gaming Individuals Records

System.

4. All employment applications and background investigation

and reports shall be retained by the Northern Cheyenne Reservation

Gaming Commission for inspection by the Chairman of the National

Indian Gaming Commission for no less than 3 years from the date of

employment termination.

G. Granting of License

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

Gaming Commission receives a report, the National Indian Gaming

Commission notifies the Northern Cheyenne Tribe, through the

Northern Cheyenne Reservation Gaming Commission, that it has no

objection to the issuance of a license pursuant to the license

application filed and the investigative report sent to the National

Indian Gaming Commission, the Northern Cheyenne Tribe, through the

Northern Cheyenne Reservation Gaming Commission, may issue a

license to such applicant.

2. The Tribe, through the Northern Cheyenne Reservation

Gaming Commission, shall respond to any request for additional

information from the Chairman of the National Indian Gaming

Commission concerning a key employee or a primary management

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

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

until the Chairman of the National Indian Gaming Commission

receives the additional information.

3. If, within the 30 day period described above, the

National Indian Gaming Commission provide the Northern Cheyenne

Tribe, through the Northern Cheyenne Reservation Gaming Commission,

with a statement listing objections to the issuance of a license,
ORDINANCE NO. 13 (93)

PAGE 11.

the Northern Cheyenne Tribe, through the Northern Cheyenne

Reservation Gaming Commission, shall reconsider the application,

taking into account the objections listed. The Northern Cheyenne

Tribe, through the Northern Cheyenne Reservation Gaming Commission

shall made the final decision whether to issue a license to such

applicant.

4. the Northern Cheyenne Tribe, through the Northern

Cheyenne Reservation Gaming Commission shall develop a checklist

describing the procedures that will be utilized by the Northern

Cheyenne Reservation Gaming Commission in issuing a license to a

key employee or a primary management official and this checklist

shall be forwarded to the National Indian Gaming Commission.

H. License Suspension

1. If, after the issuance of a license, the Tribe, through

the Northern Cheyenne Reservation Gaming Commission, receives from

the National Indian Gaming Commission reliable information

indicating that a key employee or a primary management official is

not eligible for employment under subsection D. above, the Northern

Cheyenne Tribe, through the Northern Cheyenne Reservation Gaming

Commission, shall suspend such license and shall notify, in

writing, the licensee of the suspension and proposed revocation.

2. the Northern Cheyenne Tribe, through the Northern

Cheyenne Reservation Gaming Commission, shall notify the licensee

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

revocation.

3. After the revocation hearing, the Northern Cheyenne

Tribe, through the Northern Cheyenne Reservation Gaming Commission,

shall decide to revoke or to reinstate the license. The National

Indian Gaming Commission shall be notified immediately of the

decision.

VIII. License locations

The Northern Cheyenne Tribe, through the Northern Cheyenne

Reservation Gaming Commission, shall also issue separate license to

each place, facility, or location where Class II or Class III

gaming is conducted pursuant to this ordinance.
ORDINANCE NO. 13 (93)

PAGE 12.

IX. Agent

The Chairman of the Northern Cheyenne Reservation Gaming

Commission is the person who in delegated by the Northern Cheyenne

Tribal Council as the individuals on which all notices and service

of process shall be made. That address will be:

Chairman Northern Cheyenne Reservation Gaming

Commission

P.O. Box 128

Lame Deer, Mt. 59043

X. Repeal

All prior Northern Cheyenne Tribal Council gaming ordinance or

resolutions, including Ordinance 4 (91), are repealed upon

execution of this ordinance by the Northern Cheyenne Tribal Council

President and approval of this ordinance by the Chairman of the

National Indian Gaming Commission.

PASSED, ADOPTED AND APPROVED by the Northern Cheyenne Tribal

Council by 11 votes for passage and adoption and 3 votes against

passage and adoption this 22nd day of June, 1993.

Lievando Fisher, President

Northern Cheyenne Tribal Council

ATTEST:

bra L. BearQuiver, ~ecretary

Northern Cheyenne Tri~a1 Council