Andrew W. Baldwin 

BaIclwin Q Crocker, P.C. 

P.O. Box 1229 

L~nder, WY 82520-2229 

RE: Gaming Ordinance Amendment, ResaIution No. 2009-068 

Dear Ms. Baldwin: 

This letter responds to your request on behalf of the Northern Arapaho 

Tribe for tl~e National Indian Gaming Commission (NIGC) to review and 

approve the Tribc's amendment to its gaming ordinance. The amendment to the 

@ming ordinance was adopted by Northern Arapaho Business Council 

ResoIu tion No. 2009-068 and makes several minor changes. All changes are 

consistent with the requirements of the Indian Gaming Regulatory Act (25 U.S.C. 

5 2701 el seq.) and the amended ordinance is hereby approved. 

Thank you for submitting the amendment for review and approval. If vou 

have any questions, please contact Staff Attorney Jennifer Ward at (202) 632- 

7003. 

Sincerely, 

George 'T. Skibine 

Acting Chairman 

NATloWAL HEADWA~RS !I41 I. 51 NW, Suitr 91M. Wash~r.gnn. QC 20005 Tcl. 202.637 7003 Car 202.632 7066 WWW.NlGC.ZrXr 

AEG~ONAL omcEs for;lar!d. OR: Sacramento. CA: Phwnix, N; 5: Paul. MN: Tulsa, OK 
IXESOL~ON ENACTING 

AME~~NTS TO THE NOR?TIENV ARAPAHO GARWG CODE 

NORTITERN hILZP,4HO BUSINESS CO CTNCLL 

WIND RM3R RESERVATION 

ETHErn, WYOrnG 

RESOLUTION NO. NABC-2009-068 

WHEIU3AS, the. Northem Arapaho Business Council is the duly elerected governing body 

of the Northern Arapaho Tribe; and 

NI-IEREAS, the development and proper regularion of tribal gaming as a form af 

economic development is of utmost importance to the Northem rhpaho Td be md its nembes; 

and 

WHEREAS, the Nodhem Arapaho Business Council enacted the Gaming Code of thc 

Northern Arapalro Tribe Lo 1 995 and has enacted certain amendments themto hrn time to time 

and the same heve been approved hy the National Indian Gaming Commission; and 

WHEREAS, certajn amendments to the Northcm AmpaJlo GLvning Code, attached 

hereto, wotsld itrprov6 the Code md its regulation of tribal gaming and ~rould benetit the 

No.rthern Aq&o Tribe and the samhng public; and 

WEREAS, approvaI of the ettacfied amendments by the Nrional lndian Gaming 

Commission would be in the best inkrests of the NortI~zm Arapaho Trihc and the g~rning public; 

NOW9 THERZFORE, BE IT F3TSOJJVED9 that ihe Northern Arapaho Business 

Comcd hereby approves and enmts the attached amendments to the Gaming Ccde of the 

Northern hpaha Tribe, eflecfive on the dale said ame~h~ents are ~ppro~jed by fjte lZrarior~nl 

Indim Game Commission; ad 

BE IT FINALLY FCESOLVED, tht the Chaim is authorized and directed to sig fhis 

resolution and that the Northern Arepaho Business Council hereby requests prompt approvd of 

said amendments to the Gamin3 Code by the National Indian Gaming Commission, 

CERTIFICATION 

The mdersiyed, as Char'rman of the Northern Arapaho Business Cotmcil, hmby 

cMes that tEle Council consists of six (6) members and fhat five (5) members were present 

constituting a quonun, at a specially died meeting of tbe Northem Arapeho Buskes Comcit 

held on December 17, 2009, that the foregoing resolution wss adopted by a vote of five (55 in 

favor, zero (0) against and that the foregoing resolution not been rescinded or amended in my 

way. 

Done at 'Ethete, Wyoming, this 17th day of December, 2009. 
'? *-- u-R . 

ChaimdCo-Chairman 

Northern Ar~paho Business Council 

Resoltition YO. 2009- .&a&'fig Amer;dmen& 

to Northern ~sa~oh6 Gaming Code 2206'9 1 
section 104 - [Reserved] r 

VL 

WL illtEL lIV laill, Ye jmL 1 3d~c* 

haCauLLL~Lly fzLill;. . . 

CHAPTER 2: GEmRAL PROVISIONS 

SECTION 201 - Definitions. For purpose of this Code: 

(a) Act. l'Actl' means the Indian Gaming Regulatory Act, Pub. 

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

(b) Agency. "Agencyt1 means the Arapaho Gaming Agency 

established by this Code. 

Ic) Class I gaming. oClass I gaming" has the meaning set 

forth in the Act at 25 U.S.C. 5 2703(6) and 25 CFR § 502.2. It 

means social games solely for prizes of minimal value or 

traditional forms of Indian gaming engaged in by individuals as a 

part of, or in connection with, tribal ceremonies or 

celebrations. 

(dl Class I1 gaming. "Class I1 gamingr1 has the meaning set 

forth in the Act at 25 U.S.C. § 2703(7) and 25 CFR 5 502.3. In 

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

punch boards, tip jars, instant bingo, and other games similar to 

bingo. It also includes certain card games (although not 

blackjack (21) or other "banking" card games) to the extent such 

games are played in conformity with state law. 

(el Class I11 gaming. "Class 111 gamingu has the meaning 

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

It includes all forms of gaming that are not Class I or Class I1 

gaming. 

(f) Code. "Codeu means this Tribal Gaming Code, including 

any amendments. 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 3 
NAGA shall be required or permitted except as otherwise 

explicitly provided in this Code. To avoid potential conflicts 

of interest between the operation and regulation of the gaming 

facility, the Tribe hereby finds that, at a minimum: 

Ii) No member of the Business Council or any gaming 

management board or advisory board may serve on the NAGA; 

(ii) No member directly related to or living with any 

Business Council memb'er or management board or advisory 

board member may serve on the NAGA; 

(iii) Members of the NAGA are prohibited from gambling 

in the facility; and 

(iv) Members of the NAGA are prohibited from accepting 

complimentary items from the gaming operation and are 

pro9ibited fr~m accepting from the gaming operation, in any 

calendar year, any promotional item with a value exceeding 

$50.00. 

Disputes over decisions of the NAGA are to be resolved according 

to that section of Secretarial procedures concerning the 

resolution of gaming disputes (Section I1I.C.). 

(b) Role of the Regulator. Either the NAGA or the Tribe 

shall employ a Regulator whose duties shall include compliance 

with the provisions of this Section. 

li! The Tribe must post a notice to patrons that 

states : 

THIS FACILITY IS REGULATED BY ONE OR MORE OF THE FOLLOWING: 

THE NATIONAL INDIAN GAMING COMMISSION AND THE GOVERNMENT OF 

THE NORTHERN ARAPAHO TRIBE. THIS FACILITY IS NOT REGULATED 

BY THE STATE OF WYOMING. 

(ii) The Regulator must be subject to NIGC' s background 

investigation and licensing standards for key employees and 

primary management officials set forth at 25 C.F.R. 55 555 

and 558, including the requirement that background 

information and suitability determinations be forwarded to 

NIGC. Both the Tribe and NIGC must find the Regulator 

eligible under 5558.2. 

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

after notice to NIGC. Disputes over firing are to be 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 12 
Eiv) The Director may be delegated the authority by 

the Agency to conduct any hearing, investigation, or 

inquiry. In the course of such activities, the Director 

shall have authority to compel the production of any 

information or documents, and otherwise exercise the 

investigatory powers of the Agency. 

(v) The Director shall perform such tasks as assigned 

by the Agency and shall report to the Agency. 

(vi) If emergency action is required to protect the 

public interest in the integrity of tribal gaming 

activities, or the safe and lawful operation of those 

activities, and there is insufficient time to convene a 

meeting of the Agency, or to locate the chairman of the 

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

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

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

gaming operation or to any other person within the 

jurisdiction of the Tribe to take any action or cease and 

desist from any action as may be required to protect such 

interest, Any such emergency order must be reviewed by the 

Agency at its earliest opportunity, whereupon it may be 

confirmed or vacated by the Agency. An unreviewed or 

unconfirmed emergency order issued under this section will 

lapse within 10 days, and must so state. 

(b) Neither the Regulator nor any -VL- member of 

the Agency, including the Chairman or Director, and independent 

contractors of the Agency, shall engage in any gaming at any 

gaming facility or operation of the Northern Arapaho Tribe at any 

time (whether on or off-duty). Violation of this section shall 

result in immediate termination from his or her employment or 

appointed position or termination of contract but shall not 

constitute grounds for termination or suspension of gaming 

licenses or permits. 

SECTION 407 - Gaming Managerrchief Executive Officer and staff. 

(a) The Council shall select a Gaming ManagerlChief 

Executive Officer (CEO) and such other staff as are reasonably 

necessary for the conduct of the gaming operations of the Tribe, 

on such terms and conditions as the Council may determine. The 

Manager shall be a salaried employee. The Manager shall have the 

foLlowing powers and duties: 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

page 17 
the gaming operation. The Council shall approve, or modify and 

approve, the Agency's budget by December 31 of each year. The 

Council shall provide such funding for the Agency as is 

reasonably necessary for the fulfillment of the Agency's 

obligations under this Code. 

SECTION 503 - Audits. All gaming authorized under this Code shall 

be audited by an independent certified public accountant, at 

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

copies of the annual audit shall be provided to the Council and 

the Cornmiss ion. All gaming- related contracts that result in 

purchase of supplies, services, or concessions for $25,000 in any 

year (except contracts for professional legal or accounting 

services) shall be specifically included within the scope of such 

audit. The Agency or Council may call for special zudits at any 

time. 

SECTION 504 - Financial management. Unless otherwise specifically 

approved in writing by the Council, all financial matters of the 

Agency, including, without limitation, a91 purchase orders, 

payments, financial records, and payroll, shall be processed 

through and by the Finance Department of the Tribe in accordance 

with general financial procedures approved by the Council. Gaming 

enterprise management and the Council shall be governed by 

fiduciary or trust principles and the obligation to exercise due 

care and prudent business judgment, including the obligation to 

avoid a material breach or default of any loan agreement 

involving the gaming facilities or gaming assets. 

CHAPTER 6: BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT 

OFFICIALS AND KEY EMPLOYEES. 

SECTION 601 - Required background investigations. All primary 

management officials and key employees of any class I1 or I11 

gaming operation, including the Chairman and members of the 

Agency and the gaming manager, shall be subject to background 

investigations required by the Act, Commission regulations, this 

Code, and Secretarial procedures. Background investigations 

shall be conducted at the outset dE employment, and shall be 

ongoing. The Council may accord responsibility to another entity 

with respect to background investigations. Otherwise, the Agency 

shall be directly responsible for such investigations. 

SECTION 602 - Statement of ~esponaibilities. The Tribe is 

responsible for the conduct of background investigations and 

suitability determinations. The Agency shall have primary 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 22 
NORTHEM ARAPAHO CODE 

TITLE 3. GAMING 

Section: 

101 Authority 

102 Findings 

103 Purpose 

104 Disclaimer regarding gaming operations or property of Eastern Shoshone 

Tribe 

201 Definitions 

301 Tribal gaming authorized 

302 Tribe to be sole gaming proprietor 

303 Separate license for each location 

3 04 [Reserved] 

305 Compliance with law; inclusion of Secretarial Procedures 

306 Gaming Task Force 

401 Agency established 

402 Structure of agency 

403 Powers and duties of Agency 

404 Requirements for Self-~egulation by the Tribe 

405 Agency operations 

406 Executive Director and staff 

407 Gaming ~anager/Chief Executive Officer and staff 

408 Political activities; prohibitions 

409 Standards of conduct for Chaixman and members of Agency 

501 Application of net revenues 

502 Budgets 

503 Audits 

504 Financial management 

601 Required background investigations 

602 Statement of responsibilities 

603 Notices to applicants 

604 Information from applicants 

605 Rules regarding background investigations 

606 Eligibili~y determinations 

607 Reporting to the commission 

701 Licenses I - 702 Background investigations 

703 Licensing decision 

704 Work permits 

705 Licensing of venders, etc. 

801 Licensing decisions 

802 Patron disputes regarding particular wagers 

803 Appeal to tribal court 

804 Confidential information 

805 Hearing procedures 

901 Prohibited acts 

902 Penalties 
CHAPTER It LEGISLATIVE FINDINGS AND PURPOSE 

Section 101 - Authority. The Northern Arapaho Tribe is a 

sovereign, federally-recognized Indian tribe. The Northern 

Arapaho Business Council is authorized under tribal law to 

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

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

Regulatory Act, Pub. L. 100-497, 25 U.S.C. 55 2701 et seq. 

Section 102 - Findings. 

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

policy, as enunciated among other places in the Indian Gaming 

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

committed to these values. 

(b) Economic pressures. The Tribe needs additional revenues 

to assist it in meeting its governmental responsibilities. 

Ic) Gaming as an economic, enterprise. Gaming is an , .-.' appropriate subject for a kklbal enterprise because: 

(1) Congress has found that Indian tribes have the 

right to regulate gaming activity on Indian lands if the 

gaming activity is not specifically prohibited by federal 

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

matter of criminal law and policy, prohibit such activity. 

25 U.S.C. S- 2701(5). 

(ii) Congress has provided a statutory basis for the 

operation of gaming by Indian tribes as a means of promoting 

tribal economic development, self-sufficiency, and strong 

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

Iiii) Wyoming law is not directly applicable on the 

Reservation, but federal law depends in part on certain 

policies underlying state gaming laws. Tribal gaming 

operations would not conflict with federal law. 

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

the sound regulation of abl ghrning activities within the Tribe's 

jurisdiction, to prevent ihproper or unlawful conduct in the 

course of such activities, and to promote tribal economic 

development, self-sufficiericy, and strong tribal government. 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 2 
Section 104 - [Resexvedl 

CHAPTER 2: GENERAL PROVISIONS 

SECTION 201 - Definitions. For,pu~pase of this Code: . L 

.;, - .,ir 

la3 Act. "Actlr means the Indian Gaming Regulatory Act, Pub. 

L. 100-497, 25 U.S.C. 55 2701 et seq. 

(b) Agency. '%qencyr1 means the Arapaho Gaming Agency 

established by this Code. 

(c) Class I gaming. "Class I gamingu has the meaning set 

forth in the Act at 25 U.S.C. 5 270316) and 25 CFR § 502.2. It 

means social games solely for prizes of minimal value or 

traditional forms of Indian gaming engaged in by individuals as a 

part of, or in connection with, tribal ceremonies or 

celebrations. 

(dl Class I1 gaming. "Class I1 yarningH has the meaning set 

forth in the Act at 25 U.S.C. § 2703(7) and 25 CFR § 502.3. In 

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

punch boards, tip jars, instant bingo, and other games similar to 

bingo. It also includes certain card games (although not 

blackjack (21) or other llbankingN card games) to the extent such 

games are played in conformity with state law. 

(el Class 111 gaming. "Class I11 gaming1! has the meaning 

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

It includes all forms of gaming that are not Class I or Class I1 

gaming. 

/f 1 Code. lrCodeM means this Tribal Gaming Code, including 

any amendments. 

IgE Commission. 41Commission" means the National Indian 

Gaming Commission established by the Act at 25 U.S.C. § 2704. 

/h) Council. lFCouncil1' means the Northern Arapaho Business 

Council . 

(ij Gaming employee. "Gaming employee" means any person 

employed by the Council or the Agency to perform or provide 

"gaming services" or to perform any of the functions of the 

Agency with respect to gaming including, without limitation, 

investigations and compliance, but not including vendors (or 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 3 
employees of vendors) of the Council or the Agency. 

(jl Gaming services. "Gaming services" means any service, 

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

to the Council or the Agency directly related to the conduct of 

class I1 or class I11 gaming. 

Ik) Key employee. "Key employeell means: 

(i) A person who performs one or more of the 

following functions: 

(A) Bingo caller; 

IB) Counting room supervisor; 

IC1 Chief of security; 

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

tokens ; 

(El Floor manager; 

(F) Pit boss; 

(G) Dealer; 

(HI Croupier; 

(I) Approver of credit; 

(J) Custodian of gambling devices including 

persons with access to cash, chips or tokens and 

accounting records within such devices; 

(K) A11 sunfeilldnce staff; 

(ii) If not othkmise included, any other person whose 

total cash compensation with respect to the gaming operation 

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

excess of $50,000 per year; or 

(iii) If not otherwise included, the four most highly 

compensated persons in the gaming operation. 

(11 Net revenues. "Net revenues" means gross gaming 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 4 
revenues of an Indian gaming operation less: (i) amounts paid out 

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

expenses, excluding management fees. 

(m) Primary management official. "Primary management 

official" means: 

(i) The chief executive officer, chief financial 

officer, chief operations officer, president or vice 

president of gaming, gaming operations, or gaming marketing, 

and any other person having management responsibility with 

respect to a gaming operation; 

(ii) Any person who has authority (I) to hire or fire 

gaming employees; or (2) to set up working policy for the 

gaming operation; or 

(iii) The chief financial officer or other person who 

has financial management responsibility with respect to a 

gaming operation; or 

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

entity with management responsibilities with respect to a 

gaming operation. 

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

means Class I11 gaming procedures for the Northern Arapaho Tribe 

which are prescribed by the Secretary of the Interior pursuant to 

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

(0) Reservation. llReservationH means the Wind River Indian 

Reservation. 

Ip) State. Ifstate" means the State of Wyoming, its 

authorized officials, agents, and representatives. 

(q) Tribe. "Triber1 means the Northern Arapaho Tribe, its 

authorized officials, agents, and representatives, 

SECTION 301 - Tribal gaming authorized. The Council hereby 

authorizes one or more tribally-owned gaming establishments to 

offer all forms of gaming which are lawful, or which may become 

lawful, under the Act. 

Northern Arapaho Title 3 Gaming Code 

January 15, ZOOS 

Page 5 
SECTION 302 - Tribe to be sole gaming proprietor. The Tribe, 

rather than individual Arapaho tribal members or others within 

the jurisdiction of the Tribe, shall have the sole proprietary 

interest in and responsibility for the conduct of any tribal 

class I1 or III gaming actlvitly fprovided, however, that the 

Agency may promulgate regulations which permit occasional 

community games operated by volunteers for limited purposes and 

prizes. This provision shall not preclude the Tribe from 

entering into a lawful management contract under 25 U.S.C. 5 

2711. 

SECTION 303 - Separate license for each location. The Tribe shall 

issue a separate license to each place, facility, or location 

where class I1 or TI1 gaming will be allowed. 

SECTION 304 - [Reserved] 

SECTION 305 - Compliance with law: inclusion of Secretarial 

Procedures. 

(a) Applicable law. All tribal class I1 and 111 gaming 

operations shall be conducted in accordance with the Act, the 

Commission's regulations, other federal law, tribal law 

(including joint-tribal and Arapaho law, this Code, and all 

regulations and orders of the'Northern Arapaho Gaming Agency 

established under chapter '4'of'this Code), and any Secretarial 

procedures. This Code shall be construed in a manner which 

conf oms to applicable law: 

(b) Incorporation of Secxetarial Procedures. Upon approval 

of Secretarial procedures, they shall be incorporated into this 

Code. In the event of any inconsistencies between the procedures 

and any provision of this Code, the procedures shall govern. 

Section 306 - Gaming Task Force. The Council hereby establishes 

the Northern Arapaho Gaming Task Force, which shall consist of at 

least two members of the Council, the Chairman or other 

representative of the Northern Arapaho Gaming Agency, the Chief 

Executive Officer of the Tribe's gaming facility, the Chief 

Financial Officer of the Tribe, and lead legal counsel for the 

Tribe. The Task Force shall meet on a regular basis to 

coordinate and discuss issues regarding gaming management, 

regulation, compliance, and policies. The Task Force shall 

provide information and recommendations to the Council designed 

to maintain compliance with applicable law, maximize gaming 

revenue, and enhance gaming operations and public confidence in 

Northern Arapaho Title 3 Gamlng Code 

January 15, 2008 

Page 6 
gaming operated by the Northern Arapaho Tribe. 

CHAPTER 4: NORTHERN ARAPAHO GAMING AGENCY 

SECTION 401 - Agency established. The Council hereby establishes 

a tribal agency to be known as the Northern Arapaho Gaming Agency 

INAGA), which shall be responsible for the safe, lawful, and 

honest operation of the Tribe's class I1 and 111 gaming 

operations on the Reservation. The Agency is generally 

responsible for regulation of the gaming activities of the Tribe, 

enforcement of applicable gaming laws and regulations, and 

management of Agency staf£ add :bperations. The Northern Arapaho 

Business Council is generally responsible for operation of the 

gaming activities of the Tribe, enactment of tribal gaming laws, 

negotiations and agreements with other governments, oversight of 

gaming facility staff and oversight of gaming operations. 

SECTION 402 - Structure of Agency. 

(a) Number. The Agency shall consist of three members, one 

of whom shall be designated by the Council as chairman. 

Ib) Appointment. The three members of the Agency shall be 

appointed by the Council from members of the Northern Arapaho 

Tribe whom the Council deems qualified, giving due weight to the 

candidatesf education, experience, and integrity. Members of the 

Council may not sirnuJtaneously serve as members of the Agency. 

(c) Term. Initial appointments to the Agency shall be for 

the following terms: Chairman -- three years; one member -- two 

years; one member -- one year. Thereafter, all appointments 

shall be for three-year terms: :provided that if a vacancy occurs 

for any reason, the Couricil sfiall'appoint a replacement for the 

remainder of the replaced person's term. 

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

suspended or removed by a vote of at least four members of the 

Council, for good cause. Any failure to comply with the terms of 

this Code or other applicable law, failure to faithfully perform 

the duties of office, or other act or omission reflecting 

adversely upon the fair and honest conduct of Tribal gaming or 

which reduces the effectiveness of the Tribe or the Agency in 

dealing with other officials or the public shall constitute "good 

cause" for removal. 

(el Registered Agent. The Chairman of the Agency shall be 

Northern Eilrapaho Title 3 Gaming Code 

January 15, 2008 

Page 7 
the agent for service of process pursuant to 25 CFR § 522.2(g). 

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

Council shall be the agent for service of process. 

SECTION 403 - Powers and duties of Agency. The Agency shall have 

the following powers and duties: 

(a3 Regulatory oversight. The Agency shall have primary 

responsibility for regulatory oversight of the Tribe's class I1 

and I11 gaming operations. The Agency shall supervise its own 

staff and contractors and shall report to the Council. 

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

whom shall be licensed as gaming employees under this Code) who 

may be present at any gaming facility during any hours of 

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

Agency and not under the supervision of a contract manager or 

employee of the Council. Such inspectors shall have unfettered 

access to all areas of the yarning facilities at all times, 

including locked or secured areas. Personnel employed by the 

gaming operation or a contract manager shall provide such 

inspectors immediate access to all such areas on request at any 

time. Such inspectors shall report to the Agency regarding any 

failure by the gaming operation to comply with any applicable 

law, including this Code or any Secretarial procedures. 

(c) Protection of public health, safety, and the 

environment. The Agency shall assure that the construction, 

maintenance, and operation of any tribal Class I1 or Class III 

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

adequately protects public health, safety, and the environment, 

and complies with all applicable federal and tribal laws. In 

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

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

gaming facilities, setting forth the respective responsibilities 

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

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

or local police agency. The'Agency shall review and approve 

floor plans and surveillance systems for each gaming facility and 

may confer with other governmental or private parties regarding 

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

the health and safety standards applicable to the gaming 

facilities in accordance with this Code. A gaming operation must 

obtain a certificate of compliance, which shall be issued by the 

Agency upon a determination that the gaming facility complies 

with such standards. 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 8 
(dl Resolution of complaints. All written complaints from 

any person regarding any aspect of gaming operations shall be 

reviewed by the Agency and retained for at least 5 years. The 

Agency, including on-site jnspectors, may assist in seeking 

voluntary resolution of any complaints. The Agency may receive 

any complaint from an employee of the gaming operation (except 

with respect to personnel issues not involving violations of this 

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

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

gaming operation or any person associated with it which is 

alleged to be unlawful or improper and may require such remedial 

action as it deems appropriate to bring the gaming operation into 

compliance. The Agency may for this purpose, in its sole 

discretion, conduct a hearing and receive evidence with regard to 

such complaint if it deems an evidentiary proceeding useful to 

resolve such complaint. Notwithstanding the above, licensing 

disputes, patron disputes regarding particular wagers, and 

disputes regarding the imposition of penalties, shall be resolved 

as set forth in chapter 8 of this Code. 

(el Investigations. The Agency may on its own initiative 

investigate any aspect of the gaming operation to protect the 

public interest in the integrity of such gaming activities and to 

prevent or remedy improper or,ualawful conduct in the course of 

such gaming activities. The Agency shall investigate any report 

of a failure a£ the gaming operation to comply with applicable 

law, including the provisions of Secretarial procedures, and may 

require the gaming operation to take any corrective action the 

Agency may determine appropriate. The Agency may compel any 

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

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

and to provide such information, documents, or other materials as 

may be in their possession or control to assist in any such 

investigation. The Agency may issue its own subpoenas or seek 

subpoenas from the Shoshone and Arapaho Tribal Court in 

furtherance of its authority under this paragraph. Any license 

issued by the Agency may be revoked and any application to the 

Agency may be denied for failure to cooperate with respect to 

Agency investigations or subpoenas. 

/f) Background investigations; gaming licenses. The Agency 

shall conduct, or have conducted, any background investigations 

required or permitted under applicable Paw, and shall issue, 

suspend, and revoke all licenses pertaining to class I1 or 111 

gaming. , + t' , 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 9 
(g) Co-ordination with other agencies. The Agency shall coordinate its activities and cooperate with other relevant 

agencies, including the Commission and other federal agencies, 

and any agencies of the State with which the Tribe cooperates. 

The Agency may provide any information to such agencies which 

must or may be provided under applicable law. 

(h) Co-ordination with private entities, The Agency shall 

regulate and, to the extent appropriate, co-ordinate its 

activities with, any contract manager, and any other contractors, 

vendors, suppliers, or other private entities with any 

involvement in any aspect of gaming operations. 

(i) Regulations. The Agency may promulgate, review, and 

revise as necessary regulations, rules, and procedures to govern 

and facilitate the regulation and licensing of gaming operations, 

personnel, or entities in accordance with applicable law. Such 

regulations, rules, and procedures shall be subject to rescission 

or amendment by the Council. 

(j) Secretarial Procedures. The Agency shall carry out each 

of the responsibilities and duties set forth for the Agency in 

Secretarial procedures. 

Ik) Establishment of list of barred persons. The Agency may 

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

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

associations, reputation, habits, or behavior poses a threat to 

the integrity of tribal garnirig activities, or to the safe and 

lawful operation of those ~5ctlT;'ii~es or if that person so 

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

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

(1) Technical standards. The Agency shall promulgate, 

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

and rules of each game of chance operated by the Tribe. 

(m) Penalties. The Agency may impose penalties for 

violations of this Code or Secretarial procedures in accordance 

with chapter 9 of this Code. 

In) Legal remedies. The Agency may in its own name bring 

any civil action or criminal complaint in the courts of the 

Tribes, Stale or the United States to enforce the provisions of 

this Code, the Act, or Secretarial procedures, or to enjoin or 

otherwise prevent any violation of this Code, the Act, or 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 , .. ,I 

Page 10 
procedures, occurring on the Reservation. However, the Tribe, 

including the Agency and any of its agents acting within their 

authority shall retain sovereign immunity from suit in any court 

or tribunal, including immunity from counterclaims, except as 

specifically provided otherwise in this Code. 

(0) Emergency action by Agency members. If emergency action 

is required to protect the public interest in the integrity of 

tribal gaming activities, or the safe and lawful operation of 

those activities, and there is insufficient time to convene a 

meeting of the Agency, the chairman of the Agency, or any other 

member of the Agency acting in the absence of the chairman, may 

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

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

operation or to any other person within the jurisdiction of the 

Tribe to take any action or cease and desist from any action as 

may be required to protect such interest. Any such emergency 

order must be reviewed by the Agency at its earliest opportunity, 

whereupon it may be confirmed or vacated by the Agency. An 

unreviewed or unconfirmed emergency order issued under this 

section will lapse within 10 days, and must so state. 

Ip) Agency records. A11 minutes of meetings, resolutions 

and other records maintained by the Agency shall be available to 

the Council upon request. 

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

(a) Agency to be independent. Recognizing the importance of 

an independent tribal gaming commission in maintaining a wellregulated gaming operation, the Northern Arapaho Gaming Agency 

(NAGA) shall at all times be independent and autonomous from the 

Business Council in all matters within its purview. No prior or 

subsequent review by the Business Council of any actions of the 

NAGA shall be required or permitted except as otherwise 

explicitly provided in this cod&. To avoid potential conflicts 

of interest between the operation and regulation of the gaming 

facility, the Tribe hereby finds that, at a minimum: 

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

management board or advisory board may serve on the NAGA; 

(ii) No member directly related to or living with any 

Business Council member or management board or advisory 

board member may serve on the NAGA; 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 11 
(iii) Members of"the NAGA are prohibited from gambling 

in the facility; and 

(iv) Members of the NAGA are prohibited from accepting 

complimentary items from the gaming operation and are 

prohibited from accepting from the gaming operation, in any 

calendar year, any promotional item with a value exceeding 

$50.00. 

Disputes over decisions of the NAGA are to be resolved according 

to that section of Secretarial procedures concerning the 

resolution of gaming disputes (Section 1II.C.). 

(b) Role of the Regulator. Either the NAGA or the Tribe 

shall employ a Regulator whose duties shall include compliance 

with the provisions of this Section. 

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

states : 

THIS FACILITY IS REGULATED BY ONE OR MORE OF THE FOLLOWING: 

THE NATIONAL INDIAN GAMING COMMISSION ANI3 THE GOVERNMENT OF 

THE NORTHERN ARAPAHO TRIBE. THIS FACILITY IS NOT REGULATED 

BY THE STATE OF WYOMING. 

(ii) The Regulator must be subject to NIGCrs background 

investigation and licensing standards for key employees and 

primary management officials set forth at 25 C.F.R. §S 556 

and 558, including the requirement that background 

information and suitability determinations be forwarded to 

NIGC. Both the Tribe and NIGC must find the Regulator 

eligible under 5558.2. 

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

after notice to NIGC. Disputes over firing are to be 

resolved according to that section of Secretarial procedures 

concerning the resolution of gaming disputes (Section 

1II.C.). 

(iv) The Regulator must assure that the Tribe complies 

with all Secretarial Procedures and the Appendices and 

Regulations attachedath&r&ta. Documentation of compliance 

is required and must be supplied to NIGC upon request. 

(v) The Regulator must establish and maintain a time 

frame for performing routine preventive maintenance and 

testing of machines pursuant to the Tribe" and NIGC 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 12 
Regulations. What constitutes appropriate testing will 

depend upon the games being played. 

(vi) The Regulator must notify NIGC of all Class I11 

games to be placed in the Tribe" gaming operation before 

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

a game for testing by an independent laboratory upon the 

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

Unless the parties otherwise agree to a shorter period, at 

least thirty (30) days before any games otherwise authorized 

under this agreement Ss conducted at the Gaming Facility the 

Regulator shall: 

(A) Ensure that the Tribe" gaming facility 

develops rules and procedures for a system of internal 

controls for the new game that meets the minimum 

standards established in the Appendix to the 

Secretarial Procedures. 

(B) Require that the Tribe's gaming facility 

provide appropriate training for all dealers, 

supervisors, surveillance personnel and any other 

employees involved in the conduct or regulation of the 

new game and for the NAGA, such that those employees 

have the knowledge and skills required under typical 

industry standards for the job function that employee 

perf arms 1 

(C) ~nsuse, chat :th& Tribal Gaming Operation 

establishes a sekurity and surveillance plan for the 

new game that meets the minimum standards established 

in the Appendix to the Secretarial Procedures. 

ID) Adopt rules of operation for the game that 

meet the minimum standards established in the Appendix 

to the Secretarial Procedures, including rules of play 

and standards for equipment. 

(E) Send documentation to NIGC that the preceding 

requirements have been met. 

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

through conference call every two weeks commencing with the 

first offering of Class TI1 gaming in order to discuss the 

Tribe's compliance with the Secretarial Procedures. After 

NIGC is assured that the gaming is being adequately 

regulated, the parties may commence to meet once each 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 1 

Page 13 
quarter to discuss the Tribe's Class I11 gaming, However, 

if at any time NIGC deems it necessary for eFE LLe~ti~e 

regulation, NIGC shall require the Tribe to meet more 

frequently. 

(viii) The Tribe must provide an adequate and reliable 

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

expense from a previous year, based on hours required to 

perform the work, will provide the basis reimbursement of 

the Regulator in subsequent years. 

(ix) The Regulator shall notify NIGC of any regulations 

or procedures that the Tribe promulgates covering any of the 

following: I I 

Limits on waqerinq 

Limits on number of samins devices, table qames, etc. 

Extension of credit 

ATM' s and Credit Card Advance machines 

Check cashinq 

Prosram to address problem qamblers 

Including training of casino staff 

Minimum pavback value of credit 

e,g, 75%, 80% 

Death of a qarninq patron 

Redemption of gaming tokens, chips 

Hours of Operation 

Interagency cooperation-e.g. honoring of state or local 

police warrants 

Prohibition on Controlled substances 

Honorins of Garnishments for child-support, etc 

Minimum ernplovee aqe 

(x) The Regulator shall maintain and make available to 

NIGC a procedural manual for gaming facility employees that 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 14 
includes rules and regulations of conduct and disciplinary 

standards for breach of procedures. 

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

any of these provisions or with any provision incorporated 

in the Secretarial Procedures is grounds for enforcement by 

the NIGC. 

SECTION 405 - Agency operations. 

(a) Quorum and voting. Two Agency members shall constitute 

a quorum. The Chairman may vote and shall preside over all 

meetings. Action by the Agency should be by consensus, but if 

consensus cannot be achieved, shall be by majority vote. 

Whenever Agency action is not unanimous, majority and minority 

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

the Agency. 

Ib) Recusal. No member of the Agency shall participate in 

any decision directly involving the gaming license, employment, 

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

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

may voluntarily recuse himself and decline to participate in any 

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

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

would be an appearance that he could not so act. 

(c) Vice-chairman; alternative and temporary members. The 

Agency shall select one of its members to serve as vice-chairman. 

If the chairman is unavailable because of recusal or any other 

reason, the vice-chairman shall serve as acting chairman. If the 

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

may serve as acting chairman. The Council may appoint alternative 

or temporary members, who shall be members of the Northern 

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

{dl Meetings. 

(i) Regular meetings of the Agency shall be held at 

least once every fourteen calendar days at such specific 

times and places as the Agency determines. Unless otherwise 

specified by the Agency, no notice of such regular meetings 

shall be necessary. Special meetings may be called by the 

chairman or two members of the Agency. Neither the business 

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

special meeting, need be specified in any notice of the 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 15 
meeting. 

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

meeting of the Agency may be taken without a meeting if each 

member signs a writtencdnsent to the action. Such consents 

shall be filed with the minutes of the Agency. 

(iii) Members of the Agency may participate in a 

meeting by corlf erence telephone or similar communications 

evipment by which all persons participating in the meeting 

can hear each other. 

SECTION 406 - Executive Director and staff. 

(a) The Agency may select an Executive Director and such 

other staff as are reasonably necessary to the Agency in 

fulfillment of its obligations on such terms and conditions as 

the Agency may determine. The Director shall be a salaried 

employee whose salary shall not be dependent on a percentage of 

gaming revenues. Unless another individual is selected, the 

Chairman of the Agency also shall serve as Executive Director. 

The Director shall have the following powers and duties: 

Ii) The Director shall have day-to-day responsibility 

for coordinating the functions of the Agency. >, r 4 

(Zi) The ~irect8r shall have initial responsibility 

for conducting or arranging for background investigations. 

l iii) 

Agency rega 

imposition 

complaint, 

the Agency. 

The Director shall make recommendations to the 

.rding the grant or denial of any License, the 

of any penalty, the investigation of any 

or any other action within the jurisdiction of 

(iv) The Director may be delegated the authority by 

the Agency to conduct any hearing, investigation, or 

inquiry. In the course of such activities, the Dircctor 

shall have authority to compel the production of any 

information or documents, and otherwise exercise the 

investigatory powers of the Agency. 

(v) The Director shall perform such tasks as assigned 

by the Agency and shall report to the Agency. 

(vi) If emergency action is required to protect the 

Northexn Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 16 
public interest in the integrity of tribal gaming 

activities, or the safe and lawful operation of those 

activities, and there is insufficient time to convene a 

meeting of the Agency, or to locate the chairman of the 

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

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

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

gaming operation or to any other person within the 

jurisdiction of the Tribe to take any action or cease and 

desist from any action as.rnay be required to protect such 

interest. Any such emergency order must be reviewed by the 

Agency at its earliest opportunity, whereupon it may be 

confirmed or vacated by the Agency. An unreviewed or 

unconfirmed emergency order issued under this section will 

lapse within 10 days, and must so state. 

(b) either the Regulator nor any member of the Agency, 

including the Chairman or Director, and independent contractors 

of the Agency, shall engage in any gaming at any gaming facility 

or operation of the Northern Arapaho Tribe at any time (whether 

on or off-duty). Violation of this section shall result in 

immediate termination from his or her employment or appointed 

position or termination of contract but shall not constitute 

grounds for termination or suspension of gaming licenses or 

permits. 

SECTION 407 - Gaming Manager/ChieE Executive Officer and staff. 

la) The Council shall select a Gaming Manager/Chief 

Executive Officer (CEO) and such other staff as are reasonably 

necessary for the conduct of thk'gaming operations of the Tribe, 

on such terms and conditions as the Council may determine. The 

Manager shall be a salaried employee. The Manager shall have the 

following powers and duties4: 

(i) The Manager shall have day-to-day responsibility 

for the gaming operations of the Tribe and shall coordinate 

with the Agency or its Director regarding compliance of such 

gaming operations with this Code and other applicable law. 

Iii) The Manager shall have authority to remove or 

arrange for the removal from the gaming operation premises 

of disruptive or disorderly persons. 

(iii} The Manager or hisJher designee shall have 

responsibility for attempting to resolve patron disputes, as 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 17 
described in section 802. 

(iv) The Manager shall have such ether duties as are 

assigned by the Council. 

(b) The Agency shall promulgate specific regulations 

regarding gaming by gaming employees consistent with the 

following rules: 

(iJ Neither the Manager nor any primary management 

official shall engage in gaming at any Northern Arapaho 

gaming facility or operation at any time (whether on or offduty) . 

(ii) No gaming employee and no independent contractor 

of a Northern Arapaho gaming facility shall participate as 

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

promotions at any Northern Arapaho gaming facility or 

operation at any time (whether on or off-duty). 

(ili) No gaming employee and no independent contractor 

of a Northern Arapaho gaming facility shall engage in any 

gaming at any Northern Arapaho gaming facility or operation 

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

employee or contractor include any role with respect to that 

particular gaming; for example, slot technicians cannot play 

slot machines and card dealers cannot play cards at any 

time. 

(iv) No gaming employee and no independent contractor 

of a Northern Arapaho gaming facility shall engage in any 

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

facility or operation while wearing or displaying a gaming 

license from the Agency, a gaming employee identification 

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

reasonably could identify the person as being an employee or 

licensee of a Northern Arapaho gaming faciliLy or operation. 

These prohibitions shall remain in effect throughout the person's 

period of employment or cantract and for an additional 30 days 

after termination or expiration ef the same. Violation of this 

section shall result in immediate termination from his or her 

employment or termination of contract but shall not constitute 

grounds for termination or suspension of gaming licenses or 

permits. 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 18 
SECTION 408 - Political activity; prohibitions. 

(a) No Chairman or memberiof,the Agency shall: 

-. 

(i) take an active part in political campaigns for 

election to public office of the Tribe; 

(ii) use his official authority or influence for the 

purpose of interfering with or affecting the result of an 

election to public office of the Tribe; 

(iii) knowingly solicit, accept, or receive a political 

contribution from any person; 

(iv) run for the nomination or as a candidate for 

election to public office of the Tribe; or 

(v) knowingly solicit or discourage the participation 

in any tribal political activity of any person who-- 

(A) has an application for any compensation, 

grant, contract, ruling, license, permit, or 

certificate pending before the Agency; or 

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

ongoing audit, investigation, or enforcement action 

be~ng carried out by the Agency. 

(vi) Subject ta subsection (b), an individual retains 

the right to vote as he or she chooses and to express his or 

her opinion on political subjects and candidates. 

(b) No gaming employee, including the Manager and 

independent contractors, and no employee or member of the Agency, 

including the Chairman, shall engage in political activity while 

that person is on duty; in any room or building occupied in the 

discharge of the person's official duties; while wearing a 

uniform or official insignia identifying the office or position 

of the Agency employee, manager, member, or Chairman; or using 

any vehicle owned or leased by the Agency, or use any equipment 

or property of the Tribe or the Agency for the purpose of 

engaging in or promoting political activity. 

(c3 Any individual who violates this section shall be 

removed from his or her position or otherwise disciplined in the 

sole discretion of the ~ouhcil or its designee, except with 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 19 
respect to employees or contractors of the Agency, who shall be 

removed or otherwise disciplined in the sole discretion of the 

Agency or its designee, pursuant to personnel rules established 

by the Council or the Agency. 

SECTION 409 - Standards of conduct for Chairman and members of 

Agency. 

(a) Policy. The Chairman.'and members of the Agency shall 

maintain high standards of hongsty, integrity and impartiality 

and shall avoid any action; which could reflect adversely on the 

Northern Arapaho Tribe or jeopardize their fitness for office or 

effectiveness in dealing with other tribal officials, other 

governments or entities, or with the public. 

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

Agency shall be financially interested in any contract, grant, 

work, business, or other particular matter administered or 

controlled by the Agency or the Tribe, unless such activity is 

conducted by competitive bid process with such official first 

disclosing his/her interest and thereafter having no 

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

business, or matter or the performance thereof. 

IcJ No Interest in Property. No Chairman or member of the 

Agency shall be financially interested in the purchase of any 

real or personal property of or by the Agency or the Tribe, 

except on such terms and conditions as such property is generally 

available for sale to, or for purchase from, the general public 

or the members of the Northern Arapaho Tribe. 

(dl Gifts. No ~hairmafi or member of the Agency shall solicit 

or accept, directly or indirectly, any gift, gratuity, favor or 

loan from a person who has financial interests that may be 

substantially affected by the performance or non-performance of 

that official's duties. 

(el Use of Tribal Property and Moneys. No Chairman or 

member of the Agency shall use or receive any pay or thing of 

value from the Northern Arapaho Tribe, other than his/her salary 

for any work corning within the scope of hisJher duties or 

reimbursement for reasonable expenses, nor receive or convert to 

his/her own use, even temporarily on loan, any property or money 

belonging to the Northern Arapaho Tribe for other than official 

purposes, nor use tribal purchase authority, even though 

reimbursement is made, for personal acquisitions. 

Northern Arapaho Title 3 Gaming Code 

January 15, 2005 

Page 20 
(fl Gaming. No Chaiman or member of the Agency shall 

engage in any gaming at any gaming facility or operation of the 

Northern Arapaho Tribe at any time (whether on or off-duty). 

(g) Sanctions. Any individual who violates this section 

shall be removed from his or her position or otherwise 

disciplined in the sole discretion of the Council. 

CHAPTER 5: FINANCIAL MATTERS 

SECTION 501 - Application of net revenues. Net revenues from any 

tribal gaming activity are not to be used for any purpose other 

than : 

(a) to fund tribal or joint-tribal government operations or 

programs ; 

(b) to provide for the general welfare ef the Tribe and its 

members (including per capitas conforming to the Act at 25 U.S.C. 

S 2310(b) (3)) ; 

Cc) to promote the Tribe s economic development: 

(dl to donate to charitable organizations; 

(el to help fund operations a£ local government agencies, or 

lf3 other purposes permitted under the Act. 

SECTION 502 - Budgets. The Agency shall propose to the Council an 

annual operating and capital budget by October 20 of each year, 

and may in accordance with the budget employ staff necessary to 

fulfill its responsibilities, and with the approval of the 

Council may retain legal counsel, consultants, and other 

professional services, including investigative services, to 

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

the gaming operation. The Council shall approve, or modify and 

approve, the Agency's budget by December 31 of each year. The 

Council shall provide such-funding for the Agency as is 

reasonably necessary for the fulfillment of the Agency's 

obligations under this Code. 

SECTION 503 - Audits. All gaming authorized under this Code shall 

be audited by an independent certified public accountant, at 

least annually, as required under 25 CFR 5 522.4 133) (3), and 

copies of the annual audit shall be provided to the Council and 

Northern Arapaho Title 3 Gaming Code 

January 15, 2006 

Page 21 
the Commission. All gaming-related contracts that result in 

purchase of supplies, services, or concessions for $25,000 in any 

year (except contracts for professional legal or accounting 

services) shall be specifically included within the scope of such 

audit. The Agency or Council may call for special audits at any 

t irne . 

SECTION 504 - Financial management. Unless otherwise specifically 

approved in writing by the Council, all financial matters of the 

Agency, including, without limitation, all purchase orders, 

payments, financial records, and payroll, shall be processed 

through and by the Finance Department of the Tribe in accordance 

with general financial procedures approved by the Council. Gaming 

enterprise management and the Council shall be governed by 

fiduciary or trust principles and the obligation to exercise due 

care and prudent business judgment, including the obligation to 

avoid a material breach or default of any loan agreement 

involving the gaming facilities or gaming assets. 

CHAPTER 6: BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT 

OFFICIALS KEY EMPLOYEES. 

SECTION 601 - Required backbr0-d investigations. All primary 

management officials and key employees of any class I1 or 111 

gaming operation, including the Chairman and members of the 

Agency and the gaming manager, shall be subject to background 

investigations required by the Act, Commission regulations, this 

Code, and Secretarial procedures. Background investigations 

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

ongoing. The Council may accord responsibility to another entity 

with respect to background investigations. Otherwise, the agency 

shall be directly responsible for such investigations. 

SECTION 602 - Statement of Responsibilities. The Tribe is 

responsible for the conduct of background investigations and 

suitability determinations. The Agency shall have primary 

responsibility of conducting and causing to be conducted the 

background investigations, except that the Council shall have 

such responsibility with respect to the Chairman and members of 

the Agency. Once an Executive Director of the Agency (or the 

Chaiman, in his stead) has b&en.'fully . . .. investigated and approved, 

the Agency may delegate tdF:the Director or the Chairman the duty 

of conducting or causing to be conducted investigative work 

regarding other key employees and primary management officials, 

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

Selection of the above approach is based on the necessity of 

Northern Arapaho Title 3 Gaming Code 

January 15, 20D& 

Page 22 
assuring adequate oversight and investigation of all key 

employees and primary management officials. 

SECTION 603 - Notices to applicants. Any application forms for a 

key employee or primary management official shall include a 

privacy notice pursuant to 25.CFR 5556.2 (1994), a notice 

regarding penalties for false,9tatements pursuant to 25 CFR 

5556.3 (1994), and any other notices required by applicable law. 

SECTION 604 - Infomation' from'applicants. The Agency shall 

obtain from any candidate for primary management official or key 

employee at least the following information: 

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

security numberIs) , birth date, place of birth, citizenship, 

gender, all languages (spoken or written) ; 

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

and employment positions held, ownership interests in those 

businesses, business addresses, and drivers license numbers; 

(cE The names and current addresses of at least three 

personal references, including one personal reference who was 

acquainted with the applicant during each period of residence 

listed under subsection (b) above; 

(dl Currently and for alf_previous years until the year the 

applicant reached the age 'ofdeiyfiteen (18): a11 residence 

addresses; 

'I 

(el Current business and residence telephone numbers; 

If) A description of any existing and previous business 

relationship with Indian tribes, including ownership interests in 

those businesses; 

(g) A description of any existing and previous business 

relationships within the gaming industry, including ownership 

interests in those businesses; 

(h) The name and address of any licensing or regulatory 

agency with which the person has filed an application for a 

license or permit related to gaming, whether or not such license 

or permit was granted; 

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

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

,' 1 

Northern Arapaho Title 3 ~arnin~'kode 

January 15, 2008 

Page 23 
the court involved, and the date and disposition if any; 

(j) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) for all previous 

years until the year the applicant reached the age of eighteen 

(181, the name and address of the court involved and the date and 

disposition; 

/k) For each criminal charge (excluding minor traffic 

charges), whether or not there is a conviction, for all previous 

years until the year the applicant reached the age of eighteen 

(18),the criminal charge, the name and address of the court 

involved and the date and disposition; 

(I) 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; 

(ml A photograph; 

In) Any ather information the Agency or Council deems 

relevant ; and 

(01 Fingerprints. 

SECTION 605 - Rules xegarding background investigations. 

(a) Confidentiality of third party sources. The Tribe, the 

Agency, and all affiliated agents and employees shall keep 

confidential the identity of each person interviewed in the 

course of a background investigation. 

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

retain applications for employment and reports (if any) of 

background investigations for at least 3 years from the date made 

or date of termination of employment, whichever is later. Such 

records shall be made available to the Council or Commission on 

request. 

(c) Content of investigation report. Background 

investigations must be of sufficient quality to enable the Agency 

to make a determination under section 604. A11 relevant 

information submitted by the applicant should be verified by 

written or oral communication and noted in the report. The 

investigation must include a thorough inquiry into the 

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

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 24 
reputation, habits and associations. It must also include 

interviews with a sufficient number of knowledgeable people such 

as Eomer employers, personal references, and others referred to 

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

concerning the eligibility for employment in a gaming operation. 

The disposition of all potential problem areas noted and 

disqualifying information obtained must be thoroughly documented. 

An investigative report shall include: 

(i) a statement of all steps taken in conducting the 

background investigation; 

(ii) a statement of the results obtained; 

(iii) a statement of the conclusions reached by the 

investigator; and 

(iv) the bases for those conclusions. 

SECTION 606 - Eligibility determinations. 

(a) The Agency shall.carefully review a person's prior 

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

associations to make a finding concerning the eligibility of a 

key employee or a primary management official for involvement in 

a tribal gaming operation. If the Agency in the course of this 

review determines that such involvement may pose a threat to the 

public interest or to the effective regulation of gaming, or 

might create or enhance the dangers of unsuitable, unfair, or 

illegal practices and methods and activities in the conduct ef 

gaming, no management contractor or tribal gaming operation shall 

employ that person in a key employee or primary management 

official position. 

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

employee or primary management official position a person who has 

supplied materially false or misleading information or who has 

omitted material information required by law. 

SECTION 607 - Reporting to the Commission. 

'I 

(a) Notification regarding background investigations and 

eligibility determinations. The Agency shall forward to the 

Commission the following wlth respect to all persons investigated 

as candidates for primary management ~fficial or key employee: 

(i) all application information described in section 

Northern &Lrapaho Title 3 Gaming Code 

January 15, 2008 

Page 25 
604 above; 

(ii) the investigative report described in section 

605; 

(iii) the Agency's *eligibility determination described - 8 in section 604; and 

(iv) a notification of the Agency's hiring decision. 

(b) Procedure following decision to hire key employee or 

primary management official. 

Ii) when a key employee or a primary management 

official begins work at a gaming operation, the Agency 

shall : 

(I) Forward to the Commission a completed 

application for employment that contains the notices 

and information listed in 25 CFR 55 556.2 (privacy 

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

556.4 (background investigations); and 

(2) Conduct a background investigation under 25 

CFR part 556, and sections 601 through 606 of this Code 

to determine the eligibility of the key employee or 

primary management .of£%~ial for continued employment in 

a gaming operation. 

Iii) Upon complktion of a background investigation and 

a determination of eligibility far employment in a yarning 

operation under this Code, the Agency shall forward a report 

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

within 60 days after an employee begins work or within 60 

days of the approval of this Code by the Chairman of the 

Commission. A gaming operation regulated under this Code 

shall not employ a key employee or primary management 

official who does not have a permanent license after 90 

days. 

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

Commission receives a report submitted under this Code, the 

Chairman of the Commission may request additional 

information from the Tribe concerning a key employee or a 

primary management official who is the subject of such 

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

until the Chairman receives the additional information. 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 26 
(iv) If, within the 30-day period described in the 

above subsection, the Commission notifies the Tribe that it 

has no objection to the issuance of a license pursuant to a 

license application filed by a key employee or a primary 

management official for whom the Tribe has provided the 

required application and investigative report to the 

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

such applicant. 

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

subsection GOTIb) (iii) above, the Commission provides the 

Tribe with a statement itemizing objections to the issuance 

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

official for whom the Tribe has provided the required 

application and investigative report to the Commission, the 

Tribe shall reconsider the application, taking into account 

the objections itemized by the Commission. The Tribe shall 

make the final decision whether to issue a license to such 

applicant. 

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

Commission notifies the Tribe that it has received reliable 

information indicating that a key employee or primary 

management official is ineligible for employment under 

applicable law, the Tribe shall suspend the license of such 

person and notify in writing the licensee of the suspension 

and the proposed revocation. The Tribe shall notify the 

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

revocation of a license. After a revocation hearing, the 

Tribe shall decide to revoke or to reinstate a gaming 

license. The Tribe shall notify the Comnission of its 

decision. - J.. 

CHAPTER 3: LICENSES 

SECTION 701 - Licenses. All gaming employees shall be required to 

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

Agency shall conduct or cause to be conducted background 

investigations of all such persons or entities and shall deny or 

revoke such licenses for any whose prior activities, criminal 

record, if any, or reputation, habits, and associations pose a 

threat to the public interest or to the effective regulation of 

gaming, or create or enhance the dangers of unsuitable, unfair, 

or illegal practices and methods and activities in the conduct of 

gaming. No license shall be issued to any person convicted of a 

felony or gaming offense. No license shall issue for a term 

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

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 27 
accordance with rules or procedures established by the Agency. 

Temporary licenses may be issued in accordance with rules or 

procedures established by the Agency, but shall expire no later 

than 90 days after issuance and may not be renewed. 

SECTION 702 - Background investigations. Before issuing a license 

to a gaming employee, the Agency shall forward the results of any 

background investigation to the Commission. 

SECTION 703 - Licensing decision. If the Agency determines, on 

the basis of a background investigation and such other 

information as it may obtain, that the applicant is qualified for 

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

Agency may impose any reasonable qualifications to such license 

it deems appropriate. 

SECTION 704 - Work permits. All persons who are not gaming 

employees but work at any facility where authorized gaming occurs 

or is supervised or administered, must obtain a non-gaming work 

permit. Such work permits shall be issued upon determining that 

the employee is not a threat to the effective regulation of 

gaming and creates no risk'or enhances no danger of unfair or 

illegal practices, methods or activities in the conduct of gaming 

on the Reservation. All applicants for work permits shall 

provide the information required in Secretarial procedures. No 

work permit shall be issued to any person convicted of li) a 

gaming offense or (ii)a felony which the Agency determines is a 

threat to the integrity or reputation of gaming by the Tribe. No 

permit shall issue for a term exceeding twenty-four 124) months, 

but permits may be renewed in accordance with rules or procedures 

established by the Agency. Temporary permits may be issued in 

accordance with rules or procedures established by the Agency, 

but shall expire no later than 90 days after issuance and may not 

be renewed. 

SECTION 705 - Licensing ef vendors, etc. Any person or entity 

proposing to sell, lease, or otherwise provide electronic games 

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

(including, without limitation, gaming device sales personnel and 

technicians) are reguiredmto obtain a license from the Tribe. 

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

applicable to gaming employees, except that if applicant is a 

corporation, trust, or partnership, applications must be made by 

any person or entity holding 10% or more of any beneficial or 

legal interest in such entity and, if publicly held, all officers 

and directors. 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 28 
CHAPTER 8: HEARINGS AND APPEALS 

SECTION 801 - Licensing decisions.. Any person whose application 

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

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

written request submitted within 15 days following receipt of 

notice of the action of the Agency. The Agency shall hold a 

hearing within 30 days of the filing of the request. 

SECTION 802 - Patron disputes regarding particular wagers. Any 

complaint by a patron regarding a particular wager should be 

brought to the attention of the gaming manager or his/her 

designee immediately. If the gaming manager or his/her designee 

cannot promptly resolve the dispute, he/she shall immediately 

contact the Agency or Agency staff, who will take witness 

statements and reasonable steps to secure physical evidence, if 

any. The patron may request a hearing before the Agency by 

written request submitted within 72 hours from the events 

complained of, stating the relevant facts and circumstances in 

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

hearing within 30 days of the filing of the request. 

SECTION 803 - Appeal to tribal court. Any rulings of the Agency 

under sections 801 or 802 '$Ijovd;'or assessment by the Agency of a 

penalty under chapter 9, may be appealed within 15 days of the 

Agency's decision to Tribal Court, in an action naming the Agency 

as sole defendant. In any such action, the Tribal Court shall 

give appropriate deference' to the expertise of the Agency. The 

sovereign immunity of the Agency is waived, only with respect to 

such action, but only if filing deadlines are strictly followed, 

and only to the extent of either an order affirming the Agency's 

decision, or: 

(a) in a licensing dispute, to an order awarding or 

reinstating a license; 

(bS in a patron dispute regarding a particular wager, to an 

order that a patron is entitled to a jackpot or payoff, or to 

return of the wagered amount; or 

(c3 regarding assessment of penalties by the Agency, to an 

order reversing, abating, reducing, or enhancing that penalty. 

The Tribal Court may impose-konditions on the above awards 

of relief. In no event ma9 the.~ribal Court assess pre-judgment . . interest, costs, back pay, 'attorneys fees, or other damages or 

relief against the Agency;. The public interest in the integrity 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 29 
of gaming is such that the burden of proof with respect to gaming 

issues, especially regarding fitness for licensing, shall be by 

clear and convincing evidence and shall be upon the individual or 

entity challenging the Agency. All determinations of the Tribal 

Court under this section are final, and subject to no further 

appeal. 

SECTION 804 - Confidential information. Where Agency action is 

based upon confidential information, which may not as a matter of 

Taw or policy be disclosed>to tRe aggrieved person, such 

circumstances shall not be: grounds for reversal of the Agency s 

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

confidential information in proceedings before either the Agency, 

Tribal Court, or any other forum. 

SECTION 805 - Hearing procedures. The Agency, Council, or Tribal 

Court may adopt such additional procedures and rules for the 

conduct of hearings as either deems necessary or convenient so 

long as they are consistent with this Code and other provisions 

of applicable law. 

CHAPTER 9: PROHIBITED ACTS AND PENALTIES 

SECTION 901 - Prohibited acts. It shall be a violation of this 

Code for any person within the ~ribels jurisdiction to: 

(a) Conduct or participate in any Class 11 or 111 gaming 

operation on the Reservation other than at gaming facilities 

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

unless otherwise permitted pursuant to section 302. 

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

funds proceeds, or other assets of the gaming operation to the 

benefit of any person except as authorized by this Code, 

Secretarial procedures, or the Act. 

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

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

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

lose any wager other than in accordance with the publicly 

announced rules of such gaming operation. 

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

which wagers have been made after the outcome is made sure but 

before it is revealed to the players. 

le) Place, increase, or decrease a bet or to determine the 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 30 
course of play after acquiring knowledge not available to all 

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

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

anyone in acquiring such knowledge. 

If) Claim, collect, or take, or attempt to claim, collect or 

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

machine, or dispenser with intent to defraud, without having made 

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

amount won. 

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

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

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

pinching bets. 

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

an electronic gaming device, machine, or dispenser in a manner 

contrary to the designed and normal operational purpose for the 

component. 

li) Use other than coins or tokens approved by the Agency or 

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

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

device. 

(jl Possess or use any device or means to cheat while at the 

gaming facility. 

Fk) Behave in a threatening, disorderly, or disruptive 

manner or disturb the peace at any tribal gaming facility. 

(11 Engage in class I1 or 111 gaming if under the age 

permitted for gaming by Secretarial procedures or assist, permit, 

or facilitate gaming by such person. 

SECTION 902 - Penalties. +y person within the jurisdiction of 

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

provisions of Secretarial procedures, shall be subject to civil 

penalties including exclusion from employment or other 

involvement with any tribal gaming operation, denial or 

revocation of a tribal gaming license, exclusion from attendance 

at any tribal gaming facility, exclusion from the Reservation if 

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

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

than $5,000 for each such violation. The Agency established 

pursuant to this Code shall have the jurisdiction to impose any 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

Page 31 
such penalties on any person within the jurisdiction of the 

Tribe, except with respect':to exclusion from the Reservation, 

which the Agency may recornmend,for action by the Joint Business 

Counc i 1. 

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

Northern Arapaho Tribe by resolution of thc Northern Arapaho Business Council 

dated October 26, 1995, Resolution No. 1995-7386. The Cude was subsequently 

approved by the National Indian Earning Commission. The Code was re-codified as 

Title 3 of the Northern Arapaho Code (M.A.C.) without substantive change On June 

6, 2000, by NABC Resolution No. 2000-3291. Sections 201, 302, 401-405, 502-503, 

601-602, 604-605,607, 301, 703-705, 802-804, and 901-902 were amended and 

sections 406-408 and 504 were added by resolution of the NABC on August 21, 2001, 

2esolutian No. 2001-8444, and were approved by the NIGC on November 30, 2001. 

Two technical amendments corrected internal code citations by resolution of the 

NABC on January 3, 2002, Resolution No. 2002-8192. Sections 201, 304-306, 401, 

403-404, 407, 502, 601, 704, 901 and 902 were amended by resolution of the NABC 

on July 11, 2005, Resolution No. 2005-8923 (effective on the date of NIGC 

approval), and were approved by the NIGC on September 29, 2005. Sectlon 404 was 

drafted in cooperation with the NIGC and as part of the Class 111 gaming 

procedures prescribed for the Tribe by the Secretary of the Interior on September 

21, 2005, pursuant to 25 U.S .C. 2710 (d) (7) (R) [vkil . Sections 407 (b) and 604 (01 

were amended by resolution of the NARC on July 19, 2006, Resolutiori Nu. 2006-9115 

and were approved by the NIGC on October lo, 2006. Sections 404lb) lvil, 701, and 

704 were amended by resolution of-: the NAR'C or! January 15, 2008, Resolution 

No.20@8-9884 and were approved hy.the UTGC on April 4, 2008. sections 104, 

404 (a) (iv) , 406 [b) and 504 were amended by resolution of the NABC on December 

, 2009, Resolution No.2009- and were approved by the NTGC on I 

20-. 

Northern Arapaho Title 3 Gaming Code 

January 15, 2008 

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