Velma Bahe, Chairperson 

Tribal Gaming Commission - 

Kootenai Tribe of Idaho 

P.O. Box 1269 

Bonners Ferry, Idaho 83805 

Dear Chairperson Bahe: 

This letter responds to your request to review and approve the 

tribal gaming ordinance adopted by the Kootenai Tribe of Idaho 

(the Tribe) on December 8, 1993. This letter constitutes such 

approval under the Indian ~aming 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. 

It is important to note that while we have approved the Tribe's 

gaming ordinance, the Tribe must still modify the description of 

procedures for conducting background investigations on key 

employees and primary management officials as discussed with the 

NIGC staff. Specifically, the description of procedures provides 

that all suitability determinations are made by the Gaming 

Commission with the advice and consent of the Gaming Manager. 

Because conducting background investigations and making 

suitability determinations is a governmental responsibility, it 

is inappropriate for the Gaming Manager to perform these duties. 

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. § 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(b). 
Thank you for submitting the ordinance of the Kootenai Tribe of 

Idaho for review and approval. The NIGC staff and I look forward 

to working with you and the Tribe in implementing the IGRA. 

Sincerely yours, 

Anthony J. Hope 

Chairman 
JUN-10-1994 13:57 FROM OTENAI 

P.O. BoxU39 B0~6rs Ferry, Idaho 83805 

(208) 2674519 Fax. No. (208) 267-2960 

WHEREAS, The Kootenai Tribal Council has been empowered to act for and on behalf 

of the Kootend Tribe of IMu, pursW lo hr: Cunstiluliu~~ aud By-Laws, ~a(iGd by the 

adult members of the Kootenai Tribe of Idaho on April 10,1947 and approvedfsigned by 

the acting Coqmissioner of Indian Affairs on June 1 6, 1947; and 

WHEREAS, Under me National Indim (3aming Regulatory Act, Tribes are required to 

submit their Gaming ?rdh~ce for review and approval; and 

WTBREAS, Said G* Ordinance needs to be submitted to the National Indian 

Gaming Commission for review and approval. 

NOW THEREFORE, BE IT WS0LVE.D tbat the Kootcnai Tribe of Idaho does 

hereby approve the Kootenai Tribe of Idaho Gaming Ordinance. 

BE IT FURTHER RESOLVED that the Kootenai f ribe hereby submits the attached 

Gaming Ordinance to ihe ~ational Indian Gaming Commission for review and approval. 

The foregoing Resolution was adopted at a duly convened meeting of the Kootenai Tribal 

Council held at the ~ribal office on the 8th day of Dccnnber, 1993, with the required 

quorum present, by a hte of 4 FOR and 0 AGATNST. 

VEL~ $AHE. Chairperson 

. DIANNE DAVID, Sccrctary 
CHAPTER 18 

GAMING 

18-1 PURPOSE AND RESPONSIBILITIES 

18-1.01 The Tribal Council of the Kootenai Tribe of Idaho 

(hereinafter "Tribe") is empowered by the Tribe's constitution 

and bylaws to enact ordinances and hereby enacts this ordinance 

in order to set the terms for class I1 and class 111 gaming 

operations on tribal lands. 

18-1.02 The Tribal Council hereby establishes the Kootenai 

Tribal Gaming Commission, which shall be organized and operate 

under the rules and procedures set forth in Chapter 17 of this 

Code and, unless otherwise indicated, shall be responsible for 

all activities of the Tribe set forth below. 

GAMING AUTHORIZED 

18-2.01 Class I1 and class I11 gaming as defined in the Indian 

Gaming Regulatory Act, P.L. 100-447, 25 U.S.C. Section 2703(7) (A) 

and 2702(8) ("IGRA") and by the regulations promulgated by the 

National Indian Gaming Commission at 25 C.F.R. 5 502.3 (as 

published in the Federal Register at 57 FR 12382-12393, April 9, 

1992 or any subsequent amendments thereto) is hereby authorized. 

18-3 OWNERSHIP OF GAMING 

18-3.01 The Tribe shall have the sole propriety interest in and 

responsibility for the conduct of any gaming operation authorized 

by this ordinance. 

USE OF GAMING REVENUE 

18-4.01 The Kootenai Tribe of Idaho hereby reserves the right 

to adopt or impose a uniform and comprehensive system of revenue 

distribution and taxation relating to gaming, provided such 

system is adopted in compliance with this chapter and the 

National Indian Gaming Regulatory Act. 

18-4.02 Net revenues from 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; donations to 

charitable organizations; or help fund operations of local 

government agencies. 

18-4.03 If the Tribe elects to make per capita payments to 

tribal members from gaming proceeds, it shall authorize such 

payments only upon approval of a plan submitted to the Secretary 

of the Interior under 25 U.S.C. § 2710(b) (3) and such rules as 
~ootenai Tribe of Idaho Chapter 18 Page 2 

may be promulgated by Council and/or the Secretary under lawful 

authority. 

AUDIT 

18-5.01 The Tribe shall cause to be conducted annually an 

independent audit of gaming operations and shall submit so much 

of the resulting audit reports to the National Indian Gaming 

Commission as may be required by law. 

18-5.02 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 18-5.01 above. 

18-6 J'ROTECTION OF THE ENVIRONMENT AND PUBLIC HEALTH AND 

SAFETY 

18-6.01 All tribal gaming facilities shall be constructed, 

maintained and operated in a manner that adequately protects the 

environment and the public health and safety. 

18-7 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 gaming 

enterprise operated on Kootenai tribal lands. 

18-7.01 Definitions 

For purposes of this section, the following definitions 

apply : 

(1) Kev Ern~lovee means any of the following that may be 

involved in tribal gaming: 

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

functions: 

1. Bingo caller; 

2. Counting room supervisor; 

3. Chief of Security; 

4. Custodian of gaming supplies or cash; 

5. Floor manager; 

6. Pitboss; 

7. Dealer; 

8. Croupier; 

9. Approver of credit; or 
~ootenai Tribe of Idaho Chapter 18 Page3 

10. 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. 

(2) Primarv Manaaement Official means 

(a) The person having management responsibility for a 

management contract; or 

(b) Any person who has authority: 

1 To hire and fire employees; or 

2. To set up working policy for the gaming 

operation; or 

(c) The chief financial officer or other person who 

has financial management responsibility. 

18-5.02 a~alication Forms 

(1) The following notice shall be placed on the application 

form for a key employee or a primary management official before 

that form is filled out by the 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 

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 disclosure indicated in this notice 
~ootenai Tribe of Idaho Chapter 18 Page4 

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

primary management official or key employee position. 

The disclosure of your Social Security Number (SSN) is 

voluntary. However, failure to supply a SSN may result 

in errors in processing your application. 

(2) Existing key employees and primary management officials 

shall be notified in writing that they shall either: 

(a) Complete a new application form that contains a 

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 for a key employee or a primary official before that form is 

filled out by an applicant. 

A false statement on any part of your 

application may be grounds for not hiring 

you, or for firing you after you begin work. 

Also, you may be punished by a fine or 

imprisonment. [18 U.S.C.5 1001.1 

(4) The Tribe shall notify in writing existing key 

employees and primary management officials that they 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. 

18-7.03 Backaround Investiaationq 

(1) In addition to any applicable provisions in the Compact 

with the State of Idaho, 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 5 years: business 

and employment positions held, ownership interests 

in those businesses, business and residence 

addresses, and drivers license numbers; 
~ootenai Tribe of Idaho Chapter 18 Page5 

(c) The names and current addresses of at least three 

personal references, including one personal 

reference who was acquainted with the applicant 

during each period of residence listed under 

paragraph (1) (b) of this section; 

(d) Current business and residence telephone numbers; 

(el A description of any existing and previous 

business relationships with Indian Tribes, 

including ownership interests in those businesses; 

(£1 A description of any existing and previous 

business relationships with the gaming industry 

generally, including ownership interes.t in those 

businesses; 

(g) The name and address of any licensing or 

regulatory agency with which the person has filed 

an application for a license or permit related to 

gaming, whether or not such license or permit was 

granted; 

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

prosecution or a conviction, the charge, the name 

and address of the court involved, and the date 

and disposition if any; 

(i) For each misdemeanor conviction or ongoing 

misdemeanor prosecution (excluding minor traffic 

violations), within 10 years of the date of the 

application, the name and address of the court 

involved and the date of the disposition; 

(j) For each criminal charge (excluding minor traffic ' charges), whether or not there is a conviction, if 

such criminal charge is within 10 years of the 

date of the application and is not otherwise 

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

this 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 current photograph; 
~ootenai Tribe of Idaho Chapter 18 Page6 

(m) Any other information the Tribe deems relevant; 

and 

(n) Fingerprints consistent with procedures adopted by 

the Tribe according to 25 C.F.R. 5 522.2(h). 

(2) The Tribe shall conduct an investigation sufficient to 

make a determination under subsection 18-7.04 below. In 

conducting a background investigation, the Tribe or its agent 

shall promise to keep confidential the identity of each person 

interviewed in the course of the investigation. 

18-7.04 Eliaibilitv Determination 

The Tribe shall review a person's prior activities, 

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

to make a finding concerning the eligibility of a key employee or 

primary management official for employment in a gaming operation. 

If the Tribe determines that employment of the person poses a 

threat to the public intere'st or to the effective regulation of 

gaming, or creates or enhances dangers of unsuitable, unfair, or 

illegal practices and methods and activities in the conduct of 

gaming, a tribal gaming operation shall not employ that person in 

a key employee or primary management official position. 

18-7.05 Procedures for Forwardina A~~lications and Re~orts for 

Kev Em~lovees and Primarv Manaaement Officials to the 

National Indian Gamina Comrnissian 

(1) When a key employee or primary management official 

begins work at a gaming operation authorized by this ordinance, 

the Tribe shall forward to the National Indian Gaming Commission 

a completed application for employment and conduct the background 

investigation and make the determination referred to in 

subsection 18-7.04 of this section. 

(2) The Tribe shall forward the report referred to in 

subsection 18-7.06 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 gaming operation shall not employ as a key employee 

or primary management official a person who does not have a 

license after 90 days. 

18-7.06 Re~0rt to the National Indian Gamina Commission 

(1) Pursuant to the procedures set out in subsection 18- 

7.05 of this section, the Tribe shall prepare and forward to the 

National Indian Gaming Commission an investigative report on each 
Kootenai Tribe of Idaho Chapter 18 Page 7 

background investigation. An investigative report shall include 

all of the following: 

(a) Steps taken in conducting a background 

investigation; 

(b) Results obtained; 

(c) Conclusions reached; and 

(dl The bases for those conclusions. 

(2) The Tribe shall submit, with the report, a copy of the 

eligibility determination made under subsection 18-7.04 of this 

section. 

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

(a) Shall notify the National Indian Gaming 

Commission; and 

(b) May forward copies of its eligibility 

determination and investigative report (if any) to 

the National Indian Gaming Commission for 

inclusion in the Indian Gaming Individuals Records 

System. 

(4) With respect to key employees and primary management 

officials, the Tribe shall retain applications for employment and 

reports (if any) of background investigations for inspection by 

the Chairman of the National Indian Gaming Commission or his or 

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

termination of employment. 

18-7.07 Srantina a Gamina License 

(1) If the National Indian Gaming Commission notifies the 

Tribe within thirty (30) days of receipt of a license application 

and investigative report that it has no objection to issuance of 

a license to a key employee or a primary management official for 

whom the tribe has provided the application and report, the Tribe 

may issue a license to such employee or management official. 

(2) The Tribe shall respond to a 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 request shall 

suspend the 30-day period under subsection 18-7.07(1) of this 

section until the' Chairman of the National Indian Gaming 

Commission receives the additional information. 
~ootenai Tribe of Idaho Chapter 18 Page8 

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

the National Indian Gaming Commission provides the Tribe with a 

statement itemizing objections to the issuance of a license to a 

key employee or to a primary management official for whom the 

Tribe has provided an application and investigative report to the 

National Indian Gaming Commission, the Tribe shall reconsider the 

application , taking into account the objections itemized by the 

National Indian Gaming Commission. The Tribe shall make the 

final decision whether to issue a license to such applicant. 

18-7.08 License Sus~ensios 

(1) If, after the issuance of a gaming license, the Tribe 

receives from the National Indian Gaming Commission reliable 

information indicating that a key employee or a primary 

management official is not eligible for employment under 

subsection 18-7.04 above, the Tribe shall suspend such license 

and shall notify in writing the licensee of the suspension and 

the proposed revocation. 

(2) The Tribe shall notify the licensee of a time and a 

place for a hearing on the proposed revocation of a license. 

(3) After a revocation hearing, the Tribe shall decide to 

revoke or to reinstate a gaming license. The Tribe shall notify 

the National Indian Gaming Commission of it decision. 

LICENSE LOCATIONS 

The Tribe shall issue a separate license to each place, 

facility, or location on Indian lands where class I1 gaming is 

conducted under this ordinance. 

18-9 REPEAL 

To the extent that they are inconsistent with this 

ordinance, all prior gaming ordinances are hereby repealed.