DEC 1 I997 

Earl OldPerson, Tribal Chairman 

Blackfeet Tribal Business Council 

P.O. Box 850 

Browning, Montana 594 17 

Dear Chairman OldPerson: 

This letter responds to your request to review and approve the Blackfeet Class I1 

Gaming Ordinance No. 96 adopted by the Blackfeet Tribal Business Council on October 7, 

1997, as evidenced by Resolution No.8-98. This letter constitutes such approval under the 

Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming Commission 

(NIGC), the Chairman is directed to review ordinances with respect to the requirements of the 

IGRA and the implementing regulations. Thus, the scope of the Chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC regulations. Provisions 

other than those required under the IGRA or the NIGC regulations that may be included in a 

tribal ordinance are not subject to review and approval. Such approval does not constitute 

approval of specific games. Also, the gaming ordinance is approved for gaming only on 

Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming ordinance, the Tribe is now 

required to conduct background investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. 5 556.5(a) and an investigative report on 

each background investigation before issuing a license to a key employee or primary 

management official pursuant to 25 C.F.R. 

5 556.5@). 

Thank you for submitting the ordinance of the Blackfeet Nation for review and 

approval. The NIGC staff and I look forward to working with you and the Tribe in 

implementing the IGRA. 

Sincerely yours, 

Tadd M. ~ohn& 

Chairman 

-- -- -- - -. 

- 1441 L STREE: N :N 9TH FLOCR 'NPSHINGTON D C 25005 5 22-632-79C3 FAA 202-532-7C6i - - -- - - - - 
EXECUTIVE COMMrilEE 

EARL OLD PERSON. CHAIRMAN 

BLACKFEET NATION 

P.O. BOX 850 

BROWNING, MONTANA 59417 

BERNARD ST. GODDARD. VlCE CHAIRMAN 

ROUNDKENNERLY.SECRETIRY 

CHERYL REMS. TREASURER 

(406) 338-7 1 79 

FAX 338-7530 

RESOLUTION 

BLACKFEET TRIBAL BUSINESS COUNClL 

EARL OLD PERSON 

BERNARD ST. GODDARD 

ROLAND KENNERLY 

MARLENE BEAR-WALTER 

ED WILUANSON 

ARCHIE ST. GODDARD 

JIMMY ST. GODDARD 

GAB€ GRAWT 

CARL KlPP 

No. 8-98 

WHEREAS, The Blackfeet Tribal Business Council is the duly 

constituted governing body within the exterior 

boundaries of the Blackfeet Indian Reservation, 

and 

WHEREAS, The Blackfeet Tribal Business Council has been 

organized to represent, develop, protect and 

advance the views, interests, education and 

resources of the Blackfeet Indian Reservation 

and 

WHEREAS, The Blackfeet Tribal Business Council has the 

power pursuant to the Blackfeet Tribal 

Constitution, Article VI, Section 1 (e) , to manage 

all economic affairs of the Blackfeet Indian 

Reservation and Article VI, Section 1 (h) to 

regulate and license all business or professional 

activities conducated upon the Reservation, and 

WHEREAS, The Congress of the United States has enacted the 

Indian Gaming Regulatory Act, whereby an Indian 

Tribe may regulate and participate in the gaming 

industry on its Reservation, and 

WHEREAS, The Blackfeet Tribal Business Council is desirous 

of adopting and implementing a Class 11 Gaming 

Ordinance that authorizes Class I1 Gaming on the 

Blackfeet Indian Reservation as defined by the 

regulations promulgated by the National Indian 

Gaming Commission at 25 CFR Section 502.3, and 

WHEREAS, The Blackfeet Tribal Business Council has 

discussed and reviewed the proposed Blackfeet 

Class I1 Gaming Ordinance, now 

THEREFORE BE IT RESOLVED: 

1. That the Blackfeet Tribal Business Council 

hereby grants its approval to the proposed Blackfeet Tribal 

Gaming Ordinance as to all of its contents. That this new 

Class I1 Gaming Ordinance shall be referred to as I1BLACKFEET 

CLASS I1 GAMING ORDINANCE NO. 96". 
RESOLUTION #8-98 2 

2. That this Ordinance shall immediately be 

transmitted tothe National Indian Gaming Commission for its 

review and approval. 

3. That the Chairman and Secretary are hereby 

authorized to sign this Resolution. 

ATTEST: THE BLACKFEET TRIBE OF THE 

BLACKFEET INDIAN RESERVATION 

- . \. . EARL OLD PE~SON, CHAIRMAN . . . . b . - . - 

CERTIFICATION 

I hereby certify that the foregoing Resolution was adopted 

by the Blackfeet Tribal Business Council in a duly called, 

noticed and convenedSpecia1 Session, assembled the 7th day 

of October, 1997, with Six (5) members present to 

constitute a quorum, and with a vote of - 6- FOR and -0- 

OPPOSED. 

(SEAL) 

/>.Jdd 1 

ROLAND KENNERLY, SECRETFY 
OC'T 1 0 ,pg7 

BLACKFEET CLASS I1 GAMING 

ORDINANCE NO. 96 

Adopted by the Blackfeet Tribal 

Business Council on October 7, 1997 

Resolution No. 8-98 
BLACKFEET INDIAN TRIBE 

CLASS I1 GAMING ORDINANCE NO . 96 

TABLE OF CONTENTS 

CHAPTER I . GENERAL PROVISIONS 

Statement of Purpose .......................................................... 

Repeal of Former Ordinance ............................................... 

Short Title .......................................................................... 

Definitions .......................................................................... 

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

Use of Gaming Revenue ..................................................... 

Audit ................................................................................. 

Protection of the Environment and Public 

Health and Safety .............................................................. 

Amendments ..................................................................... 

Severability ........................................................................ 

Effective Date .................................................................... 

CHAPTER I1 . ADMINISTRATION 

Establishment of Gaming Commission ................................ 

Restrictions on Gaming Commissioners ............................... 

Compensation for Gaming Commissioners .......................... 

Selection of Officers .......................................................... 

Meetings ........................................................................... 

Quorum-Majority Vote ...................................................... 

Monthly Reports ................................................................ 

Powers and Duties ............................................................. 

Prior Notice of Actions ...................................................... 

Request for Commission Action ......................................... 

Right of Inspection ............................................................. 

CHAPTER I11 . LICENSING 

3.101 . Gaming Authorized ............................................................ 

3.102 . Mandatory License ............................................................. 

3.103 . Application Fee .................................................................. 
Application Forms .............................................................. 

Background Investigation of Key Employees 

and Primary Management Officials ..................................... 

Eligibility Determination ..................................................... 

Procedures for Forwarding Applications and 

Reports for Key Employees and Primary 

Management Officials to the NIGC ..................................... 

Report to the NIGC ........................................................... 

Voting on Licensing ........................................................... 

Granting a License ............................................................. 

License Term ..................................................................... 

License Location ................................................................ 

License Suspension ............................................................ 

Hearing .............................................................................. 

Gaming Commission Findings ......................................... 

Right to Appeal .................................................................. 

CHAPTER IV . ENFORCEMENT 

4.101 . Unauthorized Gaming ......................................................... 

4.102 . Fraudulent Conduct While Gaming ..................................... 

4.103 . Sanctions ........................................................................... 

4- 1 04 . Law Enforcement .............................................................. 

4.105 . Patron Disputes ................................................................. 

4- 106 . Prohibition Against Embezzlement ..................................... 

4- 107 . Legal Age for Gaming ........................................................ 

CHAPTER V . MANAGEMENT CONTRACTS 

5.101 . Commission Approval Required ........................................... 

5.102 . Approval of Management Contracts ...................................... 

5.103 . Percentage of Net Revenue ................................................... 

5.104 . Dispute Resolution ............................................................... 
BLACKFEET INDIAN TRIBE 

CLASS I1 GAMING ORDINANCE 

Chapter I 

General Provisions 

Section 1-101 Statement of Putpose. The Blackfeet Tribe (hereinafter "Tribe") empowered 

by its Constitution and Bylaws to enact ordinances, hereby enacts this ordinance, No. 96, to regulate 

class I1 gaming within the exterior boundaries of the Blackfeet Indian Reservation, and to produce 

revenue for the support of tribal government operations that promote the health, education and 

welfare of the tribe. 

Section 1-102 Re~eal of Former Ordinance. Upon the effective date of this ordinance, the 

previous ordinance 41, passed by the BlacHeet Tribal Business Council on December 13, 1974, shall 

be deemed repealed. 

Section 1-103 Short Title. This ordinance shall be known and may be cited as the 

"Blackfeet Class I1 Gaming Ordinance", to regulate class I1 gaming within the exterior boundaries 

of the Blackfeet Indian Reservation. 

Section 1-104 Definitions. As used in this ordinance, unless the context otherwise requires, 

the following terms shall have the following meaning: 

A. "Applicant" means any person who has applied for a license under this ordinance or who 

has applied for permission to engage in any act or activity which is regulated by this ordinance. 

B. "Background Investigation" means the security, criminal history, financial checks of an 

applicant for a license, plus any other information deemed relevant by the Commission, to establish 

the suitability of the applicant to become a licensee. 

C. "Calendar Year" means the period beginning on the first day of January at 12:00:01 and 

ending the immediately following December 3 1 at 12:OO o'clock midnight. 

D. "Class I Gaming7' means: 

1. Social games played solely for prizes or minimal value; or 

2. Traditional forms of Indian gaming when played by individuals in connection with 

tribal ceremonies or celebrations. 

E. "Class I1 Gaming" means: 

1. The game of chance commonly known as bingo (whether or not electronic, 
computer, or other technologic aids are used in connection therewith)- 

(a). which is played for prizes, including monetary prizes, with cards bearing 

numbers or other designations, 

(b) in which the holder of the card covers such numbers or designations when 

objects, similarly numbered or designated, are drawn or electronically 

determined, and 

(c) in which the game is won by the first person covering a previously 

designated arrangement of numbers of designations on such cards, including 

(if played in the same location) pull-tabs, lotto, punch boards, tip jars, instant 

bingo, and other games similar to bingo, and 

2. card games that- 

(a) are explicitly authorized by the laws of the State of Montana, or 

(b) are not explicitly prohibited by the laws of the State of Montana and are 

played at any location in the State of Montana. 

F. "Collateral Agreement" means any contract, whether or not in writing, that is related, 

either directly or indirectly, to a management contract, or to any rights, duties, or obligations created 

between the Blackfeet Tribe (or any of its members, entities, or organizations) and a management 

contractor or subcontractor (or any person or entity related to a management contractor or 

subcontractor). 

G. "Commission7' means the Blackfeet Gaming Commission, consisting of five (5) members, 

appointed by the Blackfeet Tribal Business Council . 

H. "Gaming Operation" means each economic entity that is licensed by the Blackfeet Tribe, 

operates the games, receives the revenues, issues the prizes, and pays the expenses. A gaming 

operation may be operated by the Tribe directly, or by a management contractor. 

I. "Indian Lands" means: 

1. Land within the limits of the Blackfeet Indian Reservation; or 

2. Land over which the Blackfeet Tribe exercises governmental power and that is 

either- 

(a) Held in trust by the United States for the benefit of the Blackfeet Tribe or 

individual; or 

(b) Held by the Blackfeet Tribe or individual subject to restrictions by the 

United States against alienation. 

J. "Indian Tribe" means any Indian tribe, band, nation, or other organized group or 

community of Indians that the Secretary recognizes as1. Eligible for the special programs and services provided by the United States to 
Indians because of their status as Indians; and 

2. Having powers of self-government. 

K. "Key Employee" means: 

1. A person who performs one or more of the following functions: bingo caller; 

counting room supervisor; chief of security; custodian of gaming supplies or cash; 

floor manger; pit boss; dealer; croupier; approver of credit; or custodian of gaming 

devices including persons with access to cash and accounting records within such 

devices; or 

2. If not otherwise included above any other person whose total cash compensation 

is in excess of $50,000 per year; or 

3. If not otherwise included, the four most highly compensated persons in the gaming 

operation, or 

4. Any other person so designated by the Commission. 

L. ''Licensee" means a person to whom a license is issued. 

M. "Management Contract" means any contract, subcontract, or collateral agreement 

between the Blackfeet Tribe and a contractor or between a contractor and a subcontractor if such 

contract or agreement provides for the management of all or part of a gaming operation. 

0. 'Wet Revenues" means gross gaming revenues of a tribal gaming operation less amounts 

paid out as, or paid for, prizes; and total gaming related operating expenses, excluding management 

fees. 

P. "Ordinance" means Blackfeet Tribal Gaming Ordinance No. 96. 

Q. "Person having a direct or having a financial interest in a management contract" means: 

1. When a person is a party to a management contract, any person having a direct 

financial interest in such management contract; 

2. When a trust is a party to a management contract, any beneficiary or trustee; 

3. When a partnership is a party to a management contract, any partner; 

4. When a corporation is a party to a management contract, any person who is a 

director or who holds at least 10% of the issued and outstanding stock alone or in 

combination with another stockholder who is a spouse, parent, child or sibling; or 
5. When an entity other that a natural person has an interest in a trust, partnership or 

corporation that has an interest in a management contract, all parties of that entity are 

deemed to be persons having a direct financial interest in a management contract. 

S. "Primary Management Official" means: 

1. Any person having management responsibility for a management contract; or 

2. Any person who has authority to hire and fire employees, or to set up working 

policy for the gaming operation; or 

3. The chief financial officer or any other person who has financial management 

responsibility. 

T. "Tribe" means the Blackfeet Indian Tribe. 

U. "Tribal Council" means the Blackfeet Tribal Business Council. 

V. "Working Days" means Monday through Friday except for Federal or Tribal holiday. 

Section 1-105 hers hi^ of gamin^. The Tribe shall have the sole proprietary interest in 

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

Section 1-106 Use of gamin^ Revenue. 

A. Net revenues fiom Class I1 gaming shall be used only for the following purposes: to hnd 

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 hnd 

operations of local government agencies. 

B. Ifthe 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. 

Section 271 0 (b) (3). 

Section 1-107 Audit. 

A. The Tribe shall cause to be conducted annually an independent audit of gaming operations 

and shall submit the resulting audit reports to the National Indian Gaming Commission. 

B. 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 specifically included within the scope of the audit that is described in subsection (A) above. 
Section 1-108 Protection of the Environment and Public Health and Safe@. Class I1 

gaming facilities on the Blackfeet Indian Reservation shall be constructed, maintained and operated 

in a manner that adequately protects the environment and the public health and safety. 

Section 1-109 Amendments. All provisions of this ordinance are subject to amendment by 

a majority of both the Commission and the Blackfeet Tribal Business Council. All regulations 

promulgated by the Commission are subject to proper revision, repeal, or amendment by the 

Commission and the Blackfeet Tribal Business Council. 

Section 1-110 Severability. If any provision of this ordinance, or its application to any 

purpose or circumstances, is held invalid by a court of competent jurisdiction, the full remainder of 

the provision, or the application of the provision through another person or circumstances shall not 

be effected 

Section 1-1 11 Effective Date. The effective date of this ordinance shall be the first day 

following its approval by the Tribal Council and the National Indian Gaming Commission. 
CHAPTER I1 

ADMINISTRATION 

Section 2-101 Establishment of Gaming Commission. There shall be formed a 

Commission known as the Blackfeet Gaming Commission, herein after referred to as the 

"Commission". This Commission shall be appointed by a majority vote of the Blackfeet Tribal 

Business Council and shall consist of five (5) adult enrolled members of the Blackfeet Tribe. 

Section 2-102 Restrictions on gamin^ Commissioners. Gaming Commissioners may hold 

other tribal positions and may engage in business, provided however, that they shall not engage in any 

business which is subject to the provisions of this ordinance. 

Section 2-103 Com~ensation for Gaminp Commissioners. Gaming Commissioners shall 

be compensated at a rate to be established annually by the Tribal Council. Gaming Commissioners 

shall be reimbursed for actual expenses incurred on Commission business, which include travel 

expenses determined to be necessary and essential to the Commission. In no event shall compensation 

be based on a percentage of net profits fiom gaming operations of the Tribe. 

Section 2-104 Selection of Ofiicers. The Commission shall select annually fiom its 

membership a Chairperson, Vice-Chairperson, and Secretary. The Chairman shall not make motions 

and shall vote only in the event of a tie among the remaining members of the Commission. The ViceChairman will act in the absence of the Chairman. The Secretary shall be in charge of keeping the 

minutes of all Commission meetings and hearings and submitting such minutes to the Blackfeet Tribal 

Business Council. The Secretary will also inform other Commission members of meeting 

cancellations, complaints for review, and meeting agenda. 

Section 2-105 Meetin~s. General meetings of the Commission may be open to the general 

membership of the BlacHeet Tribe and all meetings shall be governed by the Robert's Rule of Order. 

The Chauperson shall have the authority to convene special meetings of the Commission upon fortyeight (48) hours written notice. Matters dealing with personnel, security or the fiscal integrity of the 

gaming operation shall be conducted in executive session and not open to the public upon a majority 

vote of the Commission. 

Section 2-106 Ouorum - Maioritv Vote. A quorum shall be required for all official 

meetings of the Commission, and shall consist of three (3) members of the Commission. All decisions 

shall be made by a majority vote of the Gaming Commissioners present at the meeting, unless 

indicated otherwise in this ordinance. Proxy or assignments of voting shall be prohibited. 

Section 2-107 Monthly Re~orts. The Commission shall make monthly reports to the Tribal 

Council within thirty (30) days after the close of the month for which the information is being 

required. The report shall include a full and complete statement of gaming revenues paid to the Tribe, 

expenses and all other financial transactions of the Commission and a summary of all licensing and 
enforcement actions. 

Section 2-108 Powers and Duties. In addition to any other powers and duties set forth in 

this ordinance, the Commission shall have the following powers and duties, subject to the approval 

of the Tribal Council: 

A. To promulgate rules and regulations governing the licensing, internal fiscal affairs, and 

operation of class I1 gaming as it deems necessary to effectuate the purpose of this ordinance. 

B. To conduct hearings, and resolve all disputes upon a complaint charging a violation to this 

ordinance. 

C. To promote and ensure integrity, security, honesty, and fairness of the operation and 

administration of gaming and ancillary activities of the gaming operation. 

D. To formulate and recommend changes to this ordinance for the purpose of preventing 

abuses and violations; to guard against the use of this ordinance for illegal activities; and to ensure 

that this ordinance shall be in such form and be so administered as to serve its true intent. 

E. To deny any application; to limit, condition, suspend, revoke, or restrict any license; make 

a finding of suitability of approval of a license, or find suitable the imposition of a fine upon any 

person licensed, for any cause deemed reasonable by the Commission. 

F. To establish and collect any gaming or licensing fees. 

G. To obtain all information from licensees and other persons which the Commission deems 

necessary in the conduct of its business. 

H. To issue subpoenas for the appearance of persons, or the production of records and other 

evidence in connection with applications before the Commission or in connection with disciplinary 

or contested cases considered by the Commission. 

I. To apply for injunctive or declaratory relief to enforce the provisions of this Code. 

J. To exercise such other incidental power as may be necessary to ensure the safe and orderly 

regulation of gaming and the secure collection of all revenue, taxes and license fees. 

2-109 Prior Notice of Actions. In adopting, or amending, and repealing regulations, the 

Commission shall give prior notice of the proposed action to all licensees and other persons who the 

Commission has reason to believe have a legitimate and bona fide interest in such proposed action. 

Said notice shall inform all such persons as to the general nature of the proposed action and advise 

them as to the manner in which comments on said proposed action shall be received by the 

Commission. In emergencies, the Commission may summarily adopt, amend or repeal any regulation 
if at the time the Commission determines such action is necessary for the immediate preservation of 

the public peace, health, safety, morals, and good order of general welfare, together with a statement 

of facts constituting the emergency; provided the Commission shall schedule such emergency action 

for a regular hearing within sixty (60) days after any such emergency meeting. 

2-110 Reauest for Commission Action. Any person who is determined by the Commission 

to be a bona fide interested party may file a petition in a manner and form approved by the 

Commission requesting the adoption, amendment or repeal of a regulation. Upon receipt of the 

petition, the Commission shall within thirty (30) days deny the request in writing or schedule the 

matter for action pursuant to this chapter. 

2-1 11 Ri~ht of Ins~ection. The Commission, and their agents, inspectors, and employees 

have the authority: 

A. To inspect and examine all equipment and supplies in, upon or about a tribal gaming 

operation, or inspect any equipment or supplies wherever located, which may, or have been used in 

the tribal gaming operation; 

B. To summarily seize and remove fiom a tribal gaming operation and impound such 

equipment or supplies for the purpose of examination, inspection, evidence or forfeiture; 

C. To demand access to and inspect, examine and audit all papers, books, and records of 

applicants and licensees on the premises of a tribal gaming operation or elsewhere pertaining to the 

financial activity of the gaming operation. 

D. To issue subpoenas and compel the attendance of a witness for hearing at any place within 

the Reservation, to administer oaths and to require testimony under oath. Any process or notice may 

be served in the manner provided for services of process and notices in civil actions. 
CHAPTER m 

LICENSING 

3- 101 gamin^ Authorized. Class II gaming is defined in the Indian Gaming Regulatory Act, 

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

National Indian Gaming Commission at 25 C.F.R Section 502.3 (as published in the Federal Register 

at 57 FR 12382- 12393, April 9, 1993) is hereby authorized. 

3-102 Mandatory License. Any person, including, but not limited to a key employee or 

primary management official, seeking to conduct, supervise, manage, or operate any tribal gaming 

operation pursuant to this ordinance shall apply for, and receive, all the required licenses from the 

Commission prior to engaging in such activity. 

3-103 ADDlication Fee. The Commission shall set a fee for applications, background 

investigations, background investigations and licenses. All such fees shall be payable to the Blackfeet 

Indian Tribe. 

3-104 ADDlicati0I.I Forms. 

A. An applicant for a class II gaming license must apply on the specific forms as provided by 

the Commission. 

B. The Commission shall request from each key employee and from each primary 

management official the following information: 

1. Full name, other names used (oral or written), social security number(s), birth 

date, place of birth, citizenship, gender, all languages (spoken or written); 

2. 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; 

3. The names and current addresses of at least three personal references; 

4. Current business and residence telephone numbers; 

5. A description of any existing and previous business relationships with Indian 

tribes, including ownership interests in those businesses; 

6. 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; 
7. For each felony for which there is an ongoing prosecution or a conviction, the 

charge, the name and address of the court, and the date and disposition if any; 

8. For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations), within 10 years of the date of the application, 

including the name and address of the court involved and the date and disposition; 

9. For each criminal charge (excluding minor traffic charges), whether or not there 

is a conviction, if such criminal charge is within 10 years of the date of the 

application and is not otherwise listed pursuant to paragraph A(7) or A(8) of this 

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

and disposition; 

10. 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 1. Current photograph; 

12. Fingerprints consistent with procedures adopted by the Tribe according to 25 

C.F.R. Section 522.2(h); 

(a) The Blackfeet Law Enforcement Department is the designated law 

enforement agency as required by 25 C.F.R Section 522.2(h) and shall obtain 

fingerprints from each applicant on a fingerprint card. 

(b) Once the fingerprints have been taken, the Blackfeet Law Enforcement 

Department shall forward the completed cards with the appropriate 

processing fee directly to the NIGC. 

(c) The NIGC will then forward the fingerprint cards to the Federal Bureau 

of Investigation (FBI) so that a Criminal History Investigation can be 

performed on each applicant. 

(d) After the investigation is completed by the FBI, a report of its findings 

will be sent to the NIGC, and then forwarded to the Blackfeet Tribe. 

13. Any other information the Commission deems necessary. 

C. The application, in addition to those items in section (A) above, will contain a privacy 

notice as required by 25 C.F.R. Section 537.1(b)(4) as follows: 

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. 2 701 et seq. The purpose of the requested 

information is to determine the eligibility of individuals to be 
employed in a gaming operation. The information will be used by 

National Indian Gaming Commission members and staff who have 

need for the information in the performance of their official duties. 

The information may be disclosed to appropriate Federal, Tribal, 

State, local, or foreign law enforcement and regulatory agencies 

when relevant to civil, criminal or regulatory investigations or 

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

National Indian Gaming Commission in connection with the hiring 

or firing of an employee, the issuance or revocation of a gaming 

license, or investigations of activities while associated with a tribe or 

a gaming operation. Failure to consent to the disclosures indicated 

in this notice will result in a tribe's being unable to hire you in a 

primary management official or key employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. 

However, failure to supply a SSN may result in errors in processing 

your application. 

D. Existing key employees and primary management officials shall be notified in writing that 

they shall either: 

1. Complete a new application form that contains a Privacy Act notice; or 

2. Sign a statement that contains the Privacy Act notice and consent to the 

routine uses described in that notice. 

E. The following notice shall be placed on the application form as required by 25 C.F.R. 

Section 537.l(b)(5): 

A false statement on any part of your qplication may be grounds for 

not hiringyou, or for firing you after you begrn work. Also, you may 

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

1001.) 

3-105 Bacbround Investi~ation of Key Em~loyees and Primarv Management Officials 

Pursuant to 25 C.F.R Section 522.2(b). 

A. The Commission shall conduct an investigation sufficient to make a determination under 

Section 3-106 below. In conducting a background investigation, the Commission or its agent shall 

promise to keep confidential the identity of each person interviewed in the course of the investigation. 

B. The Commission shall employ the following procedures for conducting background 

investigations on key employees and primary management officials for class I1 gaming to determine 
the eligibility of an applicant: 

1. Criminal history check; 

2. Civil history check; 

3. Financial and credit check; 

4. Interview a sufficient number of knowledgeable people such as former 

employers, personal references, business associates, and others as appropriate; 

5. Educational verification; 

6. Inquire into the applicant's prior activities, reputation, habits and associations; 

7. Document the disposition of all potential problems areas noted and 

disqualifjrlng information obtained. 

C. The Commission is primarily responsible for the conduct of the background investigations 

and suitability determinations in consultation with the NIGC. 

D. The Chairman of the Blackfeet Gaming Commission is responsible for reviewing and 

approving all investigative work performed by the Commission and responsible for reporting the 

results of the background investigations to the NIGC. 

3-106 Eli~ibilitv Determination. To determine whether an applicant is eligible to receive 

a class I1 gaming license, the Commission shall consider the results from all background investigative 

work performed. The Commission may refuse to issue a gaming license to the applicant if the 

Commission determines the applicant is ineligible, or in the judgement of the Commission, it would 

be in the best interest of the Blackfeet Tribe to refuse to grant such license. In addition to any further 

requirements, a license shall not be issued to a person: 

A. Who has been convicted of a felony offense within 10 years of the date of application 

or is on probation or parole or under deferred prosecution for committing a felony 

offense; or 

B. Whose license issued under this law has been revoked for cause; or 

C. Who at the time of application for renewal of any license issued hereunder would not 

be eligible for such license upon a first application; or 

D. Who is not a citizen of the United States and who has not been a resident of the 

Blackfeet Indian Reservation for at least one (1) year immediately proceeding the filing 

of the application for license; or 

E. Who poses a threat to the public interest. 

Additional regulations and rules may also be adopted for the purpose of the protection of the 

health, welfare and safety of the members of the Blackfeet Indian Tribe and residents of the Blackfeet 
Reservation, and to assure compliance with the intent of this law. 

3-107 Procedures for forward in^ ADDlications and Re~orts for Kev Em~lovees and 

Primaw Mana~ement Ofiicials to the NIGC. 

A. When a key employee or primary management official begins work at a gaming operation 

authorized by this ordinance, the Commission shall forward to the NIGC a completed application for 

employment and conduct a background investigation and make the determination referred to in 

Section 3- 105 above. 

B. The Commission shall forward the report referred to in Section 3-1 07 below to the NIGC 

within 60 days after an employee begins work or within sixty (60) days of the approval of this 

ordinance by the Chairman of the NIGC. 

C. The gaming operation shd not employ as a key employee or primary management official 

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

3-108 Re~orto the National Indian Gamine Commission. 

A. Pursuant to the procedures set out in Section 2-104, the Commission shall prepare and 

forward to the NIGC an investigative report on each background investigation. An investigative 

report shall include all of the following: 

1. Steps taken in conducting the background investigation; 

2. Results obtained; 

3. Conclusions; 

4. The basis for those conclusions. 

B. The Commission shall submit, with the report, a copy of the eligibility determination made 

under Section 3-1 05. 

C. If a license is not issued to an applicant, the Commission: 

1. Shall noti8 the NIGC; and 

2. May forward copies of its eligibility determination and investigative report (if any) 

to the NIGC for inclusion in the NIGC Individuals Records System. 

D. With respect to key employees and primary management officials, the Commission shall 

retain applications for employment and report (if any) of background investigations for inspection by 

the Chairman of NIGC or his or her designee for no less than three (3) years from the date of 

termination of employment. 

3-109 Voting on Licensin~. A vote of the Commission resulting in the approval, 
disapproval, revocation, suspension, restriction or conditioning a license under this ordinance shall 

be by ballet only. 

3-1 10 grant in^ a License. 

A. The Commission may approve a gaming license to an eligible applicant upon a majority 

vote of the Commission when a quorum of the Commission membership is present. 

B. It within a hty (30) day period after the NIGC receives a report, the NIGC notifies the 

Commission that it has no objection to the issuance of a license to a license application filed by a key 

employee or a primary management official for whom the Commission has provided an application 

and investigative report to the NIGC the Commission may issue the license to such applicant. 

C. The Commission shall respond to a request for additional information from the Chairman 

of the NIGC 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 (A) of this section until the 

Chairman of the NIGC receives the additional information. 

D. If, within the thlrty (30) day period described above, the NIGC provides the Commission 

with a statement itemizing objections to the issuance of a license to a key employee or to a primary 

management official for whom the Commission has provided an application and investigative report 

to the NIGC, the Commission shall consider the application, taking into account the objection 

itemized by the NIGC. The Commission shall make the final determination whether to issue a license 

to such applicant. 

3-1 11 License Term. Each license issued pursuant to this ordinance shall expire one year 

from the date of its issuance, but may be renewed upon the filing and approval of an application for 

renewal. 

3-112 License Location. The Commission shall issue a separate license to each place, 

facility, or location on Indian lands where class I1 gaming is conducted under this ordinance. 

3-1 13 License Susoension. 

A. If, after the issuance of a gaming license, the Commission receives reliable information 

from the National Indian Gaming Commission indicating that a key employee or a primary 

management official is not eligible for employment under Section 3- 106 above, the Commission shall 

suspend such license and shall noti@ in writing the licensee of the suspension and the proposed 

revocation. 

B. The licensee is entitled to a hearing of the proposed suspension or revocation of the license 

according to the procedures as provided in Section 3- 1 13 below. 
C. At the completion of a hearing, the Commission shall decide to revoke or reinstate a 

gaming license. The Commission shall notifL the National Indian Gaming Commission of its decision. 

3-114 Hearing. Should an applicant disagree with the determination of the Commission, 

the applicant shall have the right to request that a hearing be conducted by the Commission on said 

action. The request must be in writing, directed to the Commission, and made within ten (10) days 

after such action is taken by the Commission. The Commission shall conduct the hearing within (1 0) 

days after receiving such request, or sooner if the Commission deems necessary. At the hearing, the 

burden shall be on the applicant to show cause why the Commission's decision was incorrect. 

3-115 gamin^ Commission Findin~s. Following such hearing, the Commission shall, 

within (5) working days reach a final determination, and communicate this decision in writing to the 

party as it concerns: 

A. The accuracy of the preliminary certification of facts; and 

B. Whether the license in question should be granted, continued, suspended, revoked, 

conditioned, or limited; and 

C. Whether or not any other action recommended to the Commission including but not limited 

to forfeitures, should be taken. 

3-116 Ri~ht to AmeaL Unless otherwise contractually agreed to, the subject shall have the 

right to appeal the determination of the Commission to the Tribal Court solely to determine whether 

or not the Commission acted arbitrary and capriciously. The decision of the Court shall be final. 
CHAPTER IV 

ENFORCEMENT 

4-101Unauthorized gamin^. Any Indian who commits any act of unauthorized gaming on 

this reservation in violation of this ordinance shall be prosecuted in Tribal Court. 

4-102 Fraudulent Conduct While gamin^. It shall be unlahl to conduct or participate 

in a class I1 game authorized by this ordinance in any manner which results in cheating, rnisrepresentation or other such disreputable tactics which distract from a fair and equal chance for all 

participants or which otherwise affects the outcome of an authorized gaming activity. Any violations 

of this section will subject the violator to the penalties set out in Section 4-103 below. 

4-103 Sanctions. Any person who willhlly violates or knowingly commits fraud or who 

procures, aids or abets in the willhl violation of this law or any regulation adopted pursuant to this 

law, shall be deemed guilty of a crime, and upon conviction shall be punished by a fine of not more 

than One Thousand Dollars ($1000.00), or imprisonment for not more than one (1) year, or both. 

In addition to the above penalties, revocation, suspension or denial of a license may be made by the 

Blackfeet Gaming Commission. 

4-104 Law Enforcement. It shall be the duty of all peace officers of the Blackfeet Tribe to 

enforce the provisions of this law, either upon a complaint from the Commission or upon their own 

knowledge, and to arrest any person violating any provision of this law or the rules and regulations 

of the Commission to which are attached criminal penalties as set out in Section 4-1 03 above. It shall 

be the duty ofthe Prosecutor of the Blackfeet Tribe to prosecute all violations of this law for which 

there are criminal penalties. It shall be a crime for any person or persons named herein to knowingly 

fail to perform his or her duty under this section and upon conviction of violating this section, the 

defendant may be fined up to Five Hundred Dollars ($500.00) or imprisonment in the Tribal jail for 

a period not to exceed six (6) months, or both. 

4-105 Patron Dis~utes. In a patron dispute, a licensee must notify the disputing patron that 

the patron has a right to contact the Commission regarding the dispute. If a licensee refuses payment 

of alleged winnings to a patron, and the licensee and the patron are unable to resolve the dispute to 

the patron's satisfaction, or the dispute involves at least $250, the licensee must immediately notify 

the Blackfeet Gaming Commission of the dispute. An agent for the Commission shall investigate the 

dispute and make a report to the Commission for a decision. The Commission must notify the licensee 

and the patron in writing of the Commission's decision regarding the dispute, within thirty (30) days 

after the date the Commission first received notice of the dispute. Failure to immediately noti@ the 

Commission, or to not@ a patron of the patron's rights or failure to pay after an adverse decision is 

a violation by the licensee. 

4-106 Prohibition A~ainst Embdement. Any delay, maneuver or action of any kind which 

in the opinion of the Commission is effectuated by any licensee to unlahlly divert gaming or other 

proceeds properly belonging to the Tribe shall constitute grounds for taking disciplinary action 
against that licensee. lf the Commission finds an unlawfil diversion was attempted, it shall sanction 

the Licensee. Sanctions may include fining, revoking, suspending, Limiting or refusing to renew license. 

4-107 Le~al Ape for Gaming. No person under the age of eighteen (18) years shall be 

permitted to participate in any game or games of chance as defined in this class I1 ordinance. 
CHAPTER V 

MANAGEMENT CONTRACTS 

5-101 Commission ADD~OV~~ Reauired. Any management contract entered into by the 

Tribe for the operation and management of class I1 gaming activity must be submitted to the 

Commission for approval, but before approving such contract, the Commission shall require and 

obtain the following information: 

A. The name, address, and other additional pertinent background information on each person 

or entity (including persons comprising such entity) having direct financial interest in, or management 

responsibility for such contract and in the case of a corporation, those individuals who serve on the 

board of directors of such corporation and each of its stockholders who hold (directly or indirectly) 

10% or more of its issued and outstanding stock; 

B. A description of any previous experience that each person listed pursuant to subsection (A) 

has had with other gaming contractors with Indian tribes or with the gaming industry generally, 

including specially the name and address of any licensing or regulatory agency with which such person 

has had a contract relating to gaming; 

C. Any hrther or additional information as may be required under existing rules and 

regulations for management contracts pursuant to IGRA. 

5-102 ADD~OV~~ of Management Contracts. The Commission may approve any 

management contract entered into by the Tribe pursuant to this chapter only if it determines that such 

contract provides at least: 

A. For adequate accounting procedures that are maintained, and for verifiable financial reports 

that are prepared by or for the Council on a monthly basis; 

B. For access to daily operations of the gaming to the appropriate tribal officials who shall 

also have a right to verifjl the daily gross revenues and income made from any such tribal gaming 

activity; 

C. For a minimum guaranteed payment to the Tribe that has preference over the retirement 

of development and construction costs; 

D. For preference to Tribal members in hiring of employees for the gaming operation; 

E. For all which may be required by the IGRA. 

5-103 Percentape of Net Revenue. Management contract providing for a fee based upon 

a percentage of the net revenues of a tribal gaming activity may be approved by the Commission if 

such percentage fee is reasonable in light of surrounding circumstances. Except as provided in this 
Section, such fee shall not exceed 30 percent of the net revenue.Upon request of the Council, the 

Commission shall approve a management contract providing for a fee based upon a percentage of the 

net revenues of a tribal gaming operation that exceeds 30 percent but not 40 percent of the net 

revenues if the Council is satisfied that the capital investment required, and income projections, for 

such tribal gaming operation require the additional fee, and such contract is otherwise in compliance 

with this ordinance. 

5-104 Dis~ute Resolution. If a dispute arises as to the application or interpretation of the 

forgoing Sections, or the breach, default, termination or invalidity thereof, shall be settled by 

arbitration as provided for in this Section. The decision of the arbitrator shall be final and binding 

upon the parties. The Commercial Arbitration Rules of the American Arbitration Association shall 

be applicable, to any arbitration conducted hereunder, and decisions of the arbitrator shall be 

enforceable in a court of competent jurisdiction. 

A. Notice. The party asserting noncompliance or seeking an interpretation shall serve written 

notice on the other party or parties. The notice shall identifL the specific ordinance provision alleged 

to have been violated or in dispute and shall spec@ in detail the factual basis for the alleged 

noncompliance or the proffered interpretation of the ordinance provision for which interpretation is 

sought. 

B. Arbitration Procedures. If the dispute is not resolved to the satisfaction of the parties 

within thirty (30) days after service of the notice set forth above, the dispute shall be adjudicated 

through arbitration as follows: 

1. The parties shall attempt to agree upon one arbitrator with expertise in the subject 

matter of the dispute. 

2. If the parties are unable to agree on an arbitrator, each party shall select an 

arbitrator within ten (1 5) days of the commencement of the arbitration and the two 

(2) arbitrators shall mutually appoint a third arbitrator within twenty (20) days of 

their appointment. If the two (2) arbitrators are unable to agree on the appointment 

of a third arbitrator within twenty (20) days, the third arbitrator shall be appointed 

by the American Arbitration Association. 
CERTIFICATION 

I hereby certifL that the foregoing Ordinance No. 96 was adopted by the Blackfeet Tribal Business 

Council by Blackfeet Tribal Resolution No. 8 - 9 8 dated October 7 , 1997. 

. -- EARL OED P-GN, CHA~N 

BLACKFEET TRIBAL BU6INESS COUNCIL 

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