Duane Big Eagle, Chairman 

Crow Creek Sioux Tribe 

P.O. Box 437 

Fort Thompson, South Dakota 57339 

Dear Chairman Big Eagle: 

This letter responds to your request to review and approve the 

tribal gaming ordinance adopted on November 12, 1992,- and amended 

on April 11, 1994, for the Crow Creek Sioux Tribe (Tribe). This 

letter constitutes such approval under the Indian Gaming 

Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming 

Commission (NIGC), the Chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

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

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance ,is approved for 

gaming only on Indian lands as defined in the IGRA. 

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

-Tribe is now required to conduct background investigations on its 

key employees and primary management officials, The NIGC expects 

to receive a completed application for each key,employee and 

primary management official pursuant to 25 C.F.R. S 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. S 556.5(b). 

Thank you for submitting the ordinance of the Crow Creek Sioux 

Tribe 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 

- ----- --- - 1850 b4 STREET h VV SLITE 250 WASFtNtlT~;'\&,3d36 TEL 202 6 32 7003 FAX 202 632 7066 
pL, 2 \ a. : '-.' ;9:! CROW CREEK SIOUX TRIBE 

I& I (.u I 11 1 RESOLUTION NO. CC-94-04-11-15 

SUBJECT: APPROVAL & AUTHORIZATION FOR AMENDMENTS TO CROW CREEK 

SIOUX TRIBAL GAMING ORDINANCE 

CRO~':C.::,; WhBi%ds the Crow Creek Sioux Tribe is a federally recognized 

Indian Tribe pursuant to the Indian Reorganization Act of 1934; 

and 

Whereas the Crow Creek Sioux Tribal Council, as the 

governing body of the Crow Creek Sioux Tribe, exercises its 

authority pursuant to powers of inherent self-government and its 

Constitution; and 

Whereas the Crow Creek Sioux Tribe has previously passed an 

ordinance governing gaming on the Crow Creek Sioux Indian 

Reservation; and 

Whereas final regulations have been passed by the National 

Indian Gaming Commission requiring certain amendments to the Crow 

Creek Gaming Ordinance; and 

Whereas the Crow Creek Sioux Tribe has entered into a 

compact with the State of South Dakota and has entered into a 

management agreement with Yellowhammer for the management of the 

tribal casino; and 

Whereas the National Indian Gaming Commission by letter of 

November 2, 1993, has recommended certain changes and modifications to the Crow Creek Gaming Ordinance and the adoption of a 

description of procedures; 

THEREFORE, BE IT RESOLVED, that the Crow Creek Sioux Tribal 

Council hereby adopts, approves, and passes the following 

amendments to the Crow Creek Sioux Tribal Gaming Ordinance: 

First Amendment 

Section 5, Definitions, at page 3 is hereby amended by 

adding the definition of "key employee^, "primary management 

off icialB1, and "class 111 gaming" : 

16. Key employee means: 

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. Pit boss; 
7. Dealer; 

8. Croupier; 

9. Approver of credit; or 

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. 

17. Primary management official means: 

a. The person having management responsibility for a 

management contract; 

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. Class I11 gaming means all forms of gaming that are not 

class I gaming or class I1 gaming, including but not limited to: 

a. Any house banking game, including but not limited 

to: 

1. Card games such as baccarat, chemin de fer, 

blackjack (21), and pal gow (if played as house banking games); 

2. Casino games such as roulette, craps, and keno; 

b. Any slot machines as defined in 15 U.S.C. 1171(a) 

(1) and electronic or electromechanical facsimiles of any game of 

chance; 

c. Any sports betting and parimutuel wagering 

including but not limited to wagering on horse racing, dog racing 

or jai alai; or 

d. Lotteries. 

Second Amendment 

A new section 45 will be added at page 19 of the ordinance 

which shall read as follows: 
Section 45. Separate Licenses. 

A separate license shall issue to each place, facility, or 

location on Indian lands where gaming is allowed. 

Third Amendment 

Section 32, Audits, at page 15 of the ordinance shall be 

amended by adding the following sentence at the end of the 

section: "The results of annual independent audits of gaming 

operations shall be submitted to the National Indian Gaming 

Commission. " 

Fourth Amendment 

Existing Sections 22 and 23 at pages 10, 11, and 12 of the 

ordinance shall be repealed. Substituted therefor shall be the 

following Section 22 which shall read as follows: 

Section 22. Licenses for Key Employees and Primary 

Management Officials. 

The Tribe shall ensure that the policies and procedures set 

out in this section are implemented with respect to key employees 

and primary management officials employed at any Class I1 gaming 

enterprise operated on Indian lands: 

A. Definitions. 

The definition of Key Employee and Primary Management 

Official shall be that set out under Section 5 of this ordinance. 

B. Application 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 an applicant: 

In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information on 

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

purpose of the requested information is to determine the 

eligibility of individuals to be employed in a gaming 

operation. The information will be used by National Indian 

Gaming Commission members and staff who have need for the 

information in the performance of their official duties. 

The information may be disclosed to appropriate federal, 

tribal, state, local, or foreign law enforcement and 

regulatory agencies when relevant to civil, criminal or 

regulatory investigations or prosecutions or when pursuant 

to a requirement by a tribe or the National Indian Gaming 

Commission in connection with the hiring or firing of an 
employee, the issuance or revocation of a gaming license, or 

investigations of activities while associated with a tribe 

or a gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in a tribe 

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 fine or 

imprisonment. 

(U.S. Code, Title 18, Section 1001.) 

4. The Tribe shall notify in writing existing key employees 

and primary management officials that they shall either: 

a. Complete a new application form that contains a notice 

regarding false statement; or 

b. Sign a statement that contains the notice regarding 

false statement. 

C. Background Investigations. 

1. 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 ; 

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 (l)(b) of this section; 

d. Current business and residence telephone numbers; 

e. A description of any existing and previous business 

relationships with Indian tribes, including ownership interests 

in those businesses; 

f. A description of any existing and previous business 

relationships with the gaming industry generally, including 

ownership interests in those businesses; 

g. The name and address of any licensing or regulatory 

agency with which the person has filed an application for a 

license or 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 and 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) (b) 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; 

m. Any other information the Tribe deems relevant; and 
n. Fingerprints shall be taken by any law enforcement 

agency of South Dakota, Bureau of Indian Affairs, Federal Bureau 

of Investigation, or Crow Creek Tribal Police consistent with 

procedures adopted by the Tribe according to 25 C.F.R. §522.2(h). 

2. The Tribe shall conduct an investigation, including a 

check through the Federal Bureau of Investigation National 

Criminal Information Center, sufficient to make a determination 

under subsection D. 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. 

Eligibility 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 interest 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. 

E. Procedures for Forwarding Applications and Reports for 

Key Employees and Primary Management Officials to the National 

Indian Gaming Commission. 

1. When a key employee or primary management official 

begins work at a 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 D of this section. 

2. The Tribe shall forward the report referred to in 

subsection F of this section to the National Indian Gaming 

Commission within 60 days after an employee begins work or within 

60 days of the approval of this ordinance by the Chairman of the 

National Indian Gaming Commission. 

3. The gaming operation shall not employ as a key employee 

or primary management official a person who does not have a 

license after 90 days. 

F. Report to the National Indian Gaming Commission. 
1. Pursuant to the procedures set out in subsection E of 

this section, the Tribe shall prepare and forward to the National 

Indian Gaming Commission an investigative report on each 

background investigation. An investigative report shall include 

all of the following: 

a. Steps taken in conducting a background investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. The bases for those conclusions. 

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

eligibility determination made under subsection D of this 

section. 

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

G. Granting a Gaming License. 

1. If, within a thirty (30) day period after the National 

Indian Gaming Commission receives a report, the National Indian 

Gaming 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 an application and investigative report to the 

National Indian Gaming Commission, the Tribe may issue a license 

to such applicant. 

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 a request shall 

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

until the Chairman of the National Indian Gaming Commission 

receives the additional information. 
3. If, within the 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. 

H. License Suspension. 

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 D 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 its decision. 

BE IT FURTHER RESOLVED that the following "Description of 

Procedurest1 is hereby adopted and implemented by the Crow Creek 

Sioux Tribe for conducting background investigations of key 

employees and primary management officials, which procedures 

shall supplement and aid in the application of the gaming 

ordinance: 

Description of Procedures 

for Background Investigations of Key Employees and 

Primary Management Officials 

A. The Crow Creek Sioux Tribe and its Gaming Commission is 

responsible for conduct of background investigations and 

suitability determinations. 

B. The Executive Secretary of the Crow Creek Sioux Tribal 

Gaming Commission is responsible for conducting and causing to be 

conducted the background investigations, reporting the results of 

the background investigation to the National Indian Gaming 

Commission, and obtaining and processing fingerprints. 

C. The Crow Creek Gaming Commission is responsible for 

reviewing and approving investigative work done and making 

suitability determinations. 
D. The Executive Secretary was selected by the Crow Creek 

Gaming Commission pursuant to Section 10 of the Crow Creek Gaming 

Ordinance. The Executive Secretary shall be a person with high 

personal and moral standards with no interest in any gaming 

operation and never having been convicted of a felony. 

E. The Crow Creek Gaming Commission is appointed by the 

Tribal Council pursuant to Section 6 of the gaming ordinance. 

Commission members shall be persons with high personal and moral 

standards with no interest in any gaming operation and never 

having been convicted of a felony. 

F. The minimum investigative procedures to be performed 

shall include the following: 

1. Verify by written or oral communication information 

submitted by an applicant. 

2. Inquire into an applicant's prior activities, criminal 

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

interview a sufficient number of knowledgeable people such as 

former employers, personal references, and others to whom 

referred in order to provide a basis for the Tribe to make a 

finding concerning eligibility for employment in a gaming 

operation. 

3. Document the disposition of all potential problem areas 

noted and disqualifying information obtained. 

G. An investigative report shall set forth the following: 

1. Steps taken in conducting the background investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The bases for those conclusions. 

BE IT FURTHER RESOLVED that in incorporating the amendments 

and modifications into the existing ordinance, it may be 

necessary to renumber the existing sections to maintain the 

ordinance in an understandable and logical format and the keeper 

of the ordinance shall be given authority to undertake such 

renumbering. 
TRIBAL RESOLUTION 

NUMBER Cc-qc/d 04- d-lr 

SU,BJECT 

CERTIFICATION 

THE FOREGOING RESOLUTION was duly adopted by the Crow Creek Sioux Tnbal Council on the /fll day 

of /QQ , I 9% ln a c5~4 CAI~~ Session by a vote of 10 for, 

" agamst, absent, not vot~ng for The Crow Creek SIOUX Tnbe, pursuant 

to authority vested In ~t by Artlcle VI, Section 1 of the Const~tution ofthe Trlbe, ratlfied by the Trlbe on March 1 1, 1949 and 

approved by the Secretary of the Interior on Apr~l 26, 1949 and with amendments approved by the Comm~ssioner ofIndian Affa~rs on June 22, 196 1, February 25, 1963 and by the Area D~rector on June 23, 1980. 

U Secretary 

\ Pg. 10 
FORT THOMPSON. SD 

,9FcFi','E? CROW CREEK SIOUX TRIBE 

P.O. BOX 50 

FORT THOMPSON, SOUTMQAKOTA 5733Gf~~ 17 

CROW CitiEY ACCtiCY 

CROW CREEK SIOUX TRIBE 

RESOLUTII.ON NO, ~~-92-i3.-12--10 

WHEREAS; The drow Creek Sioux Tribal Council is the 

official governing body of and for t.he Crow Creek 

Sioux Reservation; and 

WHEREAS; Under the Constitution and By Laws of t.he Crow 

I. Creek Sioux Tribe, the Tribal Council is empowered 

and authorized to enact resolutions and ordinances 

governing the management of all economic and 

educational affairs and ontcrprises of the Tribe; 

and 

WHEREAS; the Tribal Council has negotiat:ed a Tribal State 

Compact pursuant to the authority granted in 

Article IV, Section 1 (d) and the Indian Gaming 

Regulatory Act codified at 25 U.S.C. Section 2701, 

for the conduct of Class TI1 gaming on the Crow 

Creek Indian Reservation; and 

WHEREAS; the Crow Creek Sioux Tribe has negotiated a 

Management Agreement by and between the Crow Creek 

Sioux Tribe and Yellowhammer/~row Creek Casino 

Management, L.P.; and 

WHEREAS; tile Indian Gaming Regulatory Act requires that a 

Tribe adopt a gaming ordinance to govern the 

operation of gaming operations on an Indian 

reservatj.on: and 

WHEREAS: the Indian Gaming Regulatory Act aui:horizes a 

Tribe to adopt gaming regulations to supplement 

any ordinances passed by the Tribe. 

NOW, THEREFORE. BE IT RESOLVED, that the Crow Creek Sioux 

Tribe hereby passes and adopts Ordinance No. 92-01 

and the attached Gaming Regulations for the 

purposes sct forth therein. All gauing on the 

Crow Creek Sioux Indian Reservation will be 

gokerned by the Compact with South 3akota and the 

attached Ordinance No. 92-01 and Gaming 

Regulations. 
FORT THOHPSOH* SD 

CROW CREEK SIOUX TRIBE ~ECSIVEO 

P.O. BOX 50 

FORT THoMPsoN. SOUTH DAKOTA 57339F~~ 17 \O 13 lfi '93 

Crow Creek Sioux Tribe 

Resolution No. CC-92-11-12-10 

Page 2 

NOW. THEREFORE, BE IT RESOLVED, that the Chairman of the 

Crow Creek Sioux Tribe, Duane Big Eagle. is 

authorized to submit said ordinance No. 92-01 and 

Gaming Regulations for approval by the Bureau of 

Indian Affairs and the National Indian Gaming 

Commission. 

CERTIFICATION 

THE FOREGOING RESOLUTION was duly adopted by the Crow Creek 

Sioux Tribal Council on the 12th day of November, 1992 in a 

Regular Session by a vote of 11 for, 0 aeainst, 0 absent. 0 

not voting for The Crow Creek Sioux Tribe. pursuant to 

authority vested in it by Article VI, Section 1 of the 

Constitution of the Tribe, ratified by the Tribe on March 

11, 1949 and approved by the Secretary of the Interior on 

April 26, 1949 and with amendments approved by the 

Commissioner of Indian Affairs on June 22, 1961. February 

ATTEST: 

Crow Creek Sioux Tribe 
FORT TI-JOMPSON, SD 

CROW CREEK SIOUX TRIBE Rf CF!VED 

P.O. BOX 50 

FORT THOMPSON, SOUTH DAKOTA 573391~8 1 7 10 16 dn '93 

CROW .':EEEi; 4:;l;cy 

I her 

12-10 

and 

eby certify that the attached Resolution No CC-92-11- 

Ordinance No. 92-01, and Gaming Regulations are true 

correct copies of the originals that were duly 

considered and passed by the Crow Creek Sioux Tribal Council 

of the Crow Creek Sioux Tribe on the 12th day of November, 

1992, at a special meeting, by a vote of 11 for, 0 against 

and 0 not voting or absent. A quorum of 11 was present. 

The attached documents are true and correct copies of the 

originals on file with the Secretary of the Crow Creek Sioux 

Tribe. 

Dated this 12 day of November, 1992 - 

Attest: I &&d 

Tina Grey 0w0, - SecretAry 

Crow Creek Sioux Tribe 

Duane Big Eagl , Chairman 

Crow Creek Siou Tribe < 
FORT THOMPSON. SD 

RECEIVED 

CROW CREE': $1;; !(CY 

ORDINANCE NO. -~z--o/ 

TO REGULATE GAMING ON INDIAN LANDS 

BE IT ENACTED BY THE TRIBAL COUNCIL OF THE CROW CREEK 

SIOUX TRIBE THAT THIS ORDINANCE MAY BE CITED AS THE: 

CROW CREEK SIOUX TRIBE GAMING ORDINANCE 

Section 1. W. 

This Ordinance shall be known as the Crow Creek Sioux Gaming Ordinance. 

It is promulgated by the Crow Creek Sioux Tribal Constitution. 

Section 2. -. 

The purpose of this Ordinance is to regulate the conduct of gaming activities on 

the Crow Creek Sioux Reservation. 

a. All gaming activities shall beconducted exclusively on tribal lands, unless 

otherwise authorized in writing by the Tribal Council. 

b. All gaming activities shall be conducted under the exclusive control and 

responsibility of the Crow Creek Sioux Tribe. 

c. All proceeds of the gaming activities authorized by this Ordinance and 

received by theTribe shall be used to promote the health, education, and welfare 

of the Crow Creek Sioux Tribe. 

d. The Crow Creek Sioux Tribe shall receive at least sixty percent (60%) of 

the net revenues of all gaming activities conducted pursuant to this Ordinance. 

Section 3. 

Poker, blackjack, slot machines, and video lottery machines are expressly 

authorized by this Ordinance and such other gaming as may be approved by 
legislative act of the State of South Dakota. All gaming authorized by this 

Ordinance may be operated and maintained., within the boundaries of the Crow 

Creek Sioux Reservation, South Dakota, subject to the provisions of this 

Ordinance. 

Section 4. on of GamlnP;. 

Such gaming activity shall be regulated by the Crow Creek Gaming 

Commission. 

Pefi. . . Section 5. 

1. "Bet", an amount placed as a wager in a game of chance; 

2. "Blackjack", a card game played by a maximum of seven players in which 

each player bets against the dealer. The object is to draw cards whose 

value will equal or approach twenty-one without exceeding that amount 

and win amounts bet, payable by the dealer, if the player holds cards 

more valuable than the dealer's cards; 

3. "Boundaries", the boundaries of the crow Creek Sioux Reservation, 

South Dakota; 

4. "Commission", the Tribal Gaming Commission; 

5. "Gaming", any game or contest of chance whereby one risks money or 

tokens no matter how conceived or operated and includes, but is not 

limited to, every game described in this Ordinance; 

6. "Gaming Employee", any person employed by a business hosting gaming 

to work directly with the gaming portion of that business; 

7. "Gaming Equipment", any gaming equipment that is allowed by this 

Ordinance and which requires licensing; 

8. "Gaming License", any license issued by the Commission pursuant to this 

Ordinance which authorizes any person toengagein gaming on the Crow 

Creek Sioux Reservation; 
9. "Licensed Gaming Establishment", any premises licensed pursuant to this 

Ordinance where gaming is conducted; 

10. "Licensee", any person licensed under this Ordinance; 

11. "Licensing Authority", the Tribal Gaming Commission; 

12. "Card Games and Slot Machines", any card games including poker and 

blackjack and slot machines authorized by the Commission; 

13. "Poker", a card game played by a maximum of ten players who are dealt 

cards by a non-player dealer. The object of the game is for each player 

to bet the superiority of their own hand and win the other players' bets 

by either making a bet no other player is willing to match or proving to 

hold the most valuable cards after the betting is over. Poker includes 

draw, stud, or low ball or any combination thereof; 

14. "Slot Machine", any mechanical, electrical, or other device, contrivance, 

or machine which, upon insertion of a coin, token or similar object, or 

upon payment of any consideration whatsoever, is available to play or 

operate, the play or operation of which, whether by reason of the skill of 

the operator or application of theelement ofchance, or both, may deliver 

or entitle the person playing or operating the machine to receive cash 

premiums, merchandise, tokens or anything of value whether the payoff 

is made automatically from the machine or in any other manner; 

15. "Council", theTriba1 Council of the Crow Creek Sioux Tribe duly elected 

pursuant to the Constitution of the Crow Creek Sioux Tribe. 

Section 6. 

Thereis hereby created the Crow Creek Sioux Tribal Gaming Commission. The 

Commission shall consist of three citizens of South Dakota, all of whom shall 

be appointed by the Tribal Council of the Crow Creek Sioux Tribe. The 

Commission members may be members of the Crow Creek Sioux Tribe. The 

initial members to be appointed shall draw lots to see who holds the two 

two-year terms and the one one-year term. Thereafter, each member shall serve 

no more than two consecutive full terms. The Commission shall select among 
its members a chai~rson who shall preside over the meeting of the 

Commission. The Commission members may be removed, upon substantive 

proof ofwrong-doing, by majority vote ofthe Crow Creek Sioux Tribal Council. 

Substantive proof shall be defined as documentation or evidence which would 

be admissable in a court of law. 

Any member whose removal is sought shall be entitled to be notified in writing 

at least three (3) days before any vote shall be taken regarding that member's 

removal. Any person so notified may request an informal hearing before the 

Tribal Council prior to a vote on his or her removal from the Commission. 

commlsslone-w. . . Section 7. 

The Commission may promulgate rules for the orderly transaction and conduct 

of its business and the substantive rules that it may determine proper concerning 

the issuance, revocation, and suspension of gaming licenses, the conduct and 

operation of the garningactivities and any other things necessary to carry out the 

purposes of this Ordinance. The Commission may also promulgate rules 

necessary to administer complaints which may be received from the public and 

conduct such other investigations and inspections into the conduct of the games 

and the licensees and the maintenance of the equipment as the Commission may 

deem necessary and proper. 

Section 8. 

Thecornmission may hold regular and special meetings at such times and places 

as it may deem convenient, but at least one regular meeting shall be held 

quarterly. A majority of the appointed members constitutes a quorum of the 

Commission, and a special meeting may be called by any two members. Each 

member of the Commission shall receive a stipend of $60.00 plus expenses at the 

regular monthly meeting. The stipend shall be paid from fees and assessments 

collected by the Commission. 

Section 9. ive or Closed. 

The Commission may hold executive orclosed meetings for any of the following 

purposes: 

1. Considering applications for licensing when discussing the background 

investigations or personal information; 
2. Meeting with gaming officials of other jurisdictions, the Attorney 

General and State's Attomey of.Brule or Buffalo County or law 

enforcement officials relating to possible criminal violations; 

3. Consulting with the Executive Secretary, employees and agents of the 

Commission concerning possible criminal violations; 

4. Deliberations after hearing evidence on an informal consultation of a 

contested case necessary to reach a decision; and 

5. Discussing business strategies, marketing or pricing strategies of a 

licensee or an applicant for a license if public discussion may be harmful 

to the competitive position of the licensee or applicant for license or 

discussions with a licensee or an applicant for the purposes of overseeing 

and defining gaming contracts. 

. . Section 10. -tap of Gaming. 

The Commission shall appoint, and may remove, an Executive Secretary who 

shall be responsible for theconduct of the Commission's administrative matters. 

The Commission shall set the annual salary of the Executive Secretary. 

. . Section 1 1. _Gaminp:n Powers. 

1. Issue licenses, oversee and define the contract of the licensees; 

2. Inspect and examine all premises where gaming is conducted or gaming 

devices or equipment are sold or distributed; 

3. Inspect, examine, and photocopy all papers, books, and records of 

applicants and licensees and require verification of income, and all 

visions of this Ordinance; 

4. Contract for such legal counsel to advise it as it may choose; 

5. Suspend or revoke for cause any gaming license; 

6. Require all primary management personnel and key employees of all 

management personnel to undergo investigations. 
. .. . . Section 12. -1 of Gaming- 1. 

Any action of the Commission is subject to appeal to Tribal Court for the Crow 

Creek Sioux Tribe. Notice of appeal shall be filed in writing with the 

Commission and Clerk of Court, within ten (1 0) days from written notice of any 

action of the Commission. Failure to timely file an appeal shall make the action 

fmal. 

Section 13. m. 

A disclosure of total ownership document shall be required to accompany all 

spplicaticns for licenses as an operator. 

Section 14. &stug of Rules. 

Specific rules for blackjack and poker shall beapproved-by the Commission and 

clearly posted within the casino. 

Section 15. mval of Licenses. 

The Commission may approve or disapprove any application for license, 

depending upon whether it deems the applicant a suitable person to hold the 

license and whether it considers the proposed location suitable. Among other 

things, failure of the applicant to provide information necessary to allow 

consideration into his background, is grounds for denial of the license. 

Section 16. -n or Revoc&n of 1.- - Grds - Reprimand or Mow 

ty Post&&. 

Any license granted pursuant to this chapter may be suspended or revoked for 

any cause which may have prevented its issuance, or for violation by the licensee, 

or any officer, director, agent, member or employee of the licensee, of this 

chapter or any rule adopted by the Commission or for conviction of a crime of 

moral turpitude or a felony, after notice to the licensee and a hearing, upon 

grounds determined adequate by the Commission. In addition to revocation or 

suspension or in lieu of revocation or suspension, the Commission may impose 

a reprimand or a monetary penalty not to exceed the following amounts: 

1. if the licensee is an operator, the amount of Twenty-Five Thousand 
eal of Gaming. Comrn~sslon Actioas. . . Section 12. Bpll 

Any action of the Commission is subject to appeal to Tribal Court for the Crow 

Creek Sioux Tribe. Notice of appeal shall be fied in writing with the 

Commission and Clerk of Court, within ten (10) days from written notice of any 

action of the Commission. Failure to timely file an appeal shall make the action 

final. 

Section 13. Disclosure Re&. 

A disclosure of total ownership document shall be required to accompany all 

applications for licenses as an operator. 

Section 14. Postlnp of EUles. 

Specific rules for blackjack and poker shall be approved by the Commission and 

clearly posted within the casino. 

Section 15. App~~valof~icenses. 

The Commission may approve or disapprove any application for license, 

depending upon whether it deems the applicant a suitable person to hold the 

license and whether it considers the proposed location suitable. Among other 

things, failure of the applicant to provide information necessary to allow 

consideration into his background, is grounds for denial of the license. 

Section 16. SusDenslan or won of License - Grad - ReAny license granted pursuant to this chapter may be suspended or revoked for 

any cause which may have prevented its issuance, or for violation by the licensee, 

or any officer, director, agent, member or employee of the licensee, of this 

chapter or any rule adopted by the Commission or for conviction of a crime of 

moral turpitude or a felony, after notice to the licensee and a hearing, upon 

grounds determined adequate by the Commission. In addition to revocation or 

suspension or in lieu of revocation or suspension, the Commission may impose 

a reprimand or a monetary penalty not to exceed the following amounts: 

1. if the licensee is an operator, the amount of Twenty-Five Thousand 
Dollars ($25,000.00); 

2. X a licensee is a key employee, the amount of Five Thousand Dollars 

($5,000.00); and 

3. if the licensee has an employee license, the sum of Two Thousand Five 

Hundred Dollars ($2,500.00). 

Any monetary penalty received by the Commission under this section shall go 

into the Gaming Commission fund. 

Section 17. Connlct of Interest. 

No officer, agent, or employee of the Commission may hold a license under this 

Ordinance if the duties of such office, agency, or employment have to do with 

the enforcement of the gaming laws and rules. This prohibition applies to the 

Commission, all of its employees and all law enforcement officials and officers. 

No licensee may employ any person in any capacity while that person is in the 

employment of a law enforcement agency or the Commission. 

. . Section 18. Fee. 

The Commission may establish an application fee which shall include the cost 

of investigation. The fee may vary with the type of license for which application 

i3 made and is non-refundable. The application form will be promulgated by the 

Commission and shall include a waiver of any right of confidentiality and shall 

allow access to law enforcement records of any state. The waiver of 

confidentiality shall extend to any financial or personnel record wherever 

maintained, 
. . Section 19. The Corn- Six Ty&s of Li-n 

1. t Mae O~erator. The initial fee for such a license is One 

Thousand Dollars ($1,000.00) and thereafter an annual fee of One 

Hundred Dollars ($100.00) renewable each July 1st. This fee shall be 

levied per license regardless of the number of machines operated. The 

holder of such a license shall be entitled to operate slot machines on the 

Crow Creek Reservation on the licensed premises subject to the 

ordinances and regulation of the Tribe and the Commission.. 

2. CardGame The initial fee for such a license is One Thousand 

Dollars ($1,000.00) and thereafter an annual fee of One Hundred-Dollars 

($100.00) renewable each July 1st. This fee shall be levied per license 

regardless of the number of tables operated. The holder of such a license 

shall be entitled to operate card games on the Crow Creek Reservation 

on the licensed premises subject to the ordinances and regulations of the 

Tribe and the Commission. 

3. -. The initial fee for such a license is One 

Thousand Dollars ($1,000.00) and thereafter an annual fee of One 

Hundred Dollars ($100.00) renewable each July 1st. This fee shall be 

levied per license regardless of the number of machines operated. The 

holder of such a license shall beentitled to operate video lottery machines 

on the Crow Creek Reservation on the licensed premises subject to the 

ordinances and regulations of the Tribe and the Commission. 

4. w. All persons employed to work directly with the 

gaming portion of a gaming operation must hold an employee license. 

Thelicensee fee is Twenty-Five Dollars ($25.00) and thereafter an annual 

fee of Twenty-Five Dollars ($25.00) renewable July 1st. This fee is in 

addition to the costs of any background investigation. 

5. . Any executive, employee or agent of a gaming 

licensee having the power to exercise significant influence over decisions 

concerning any part of the operation of a gaming facility must obtain 

such a license. The license fee is One Hundred Dollars ($100.00) and 
thereafter an annual fee of One Hundred Dollars ($100.00) renewable 

July 1st. 

6. or. or S-. Any person or entity 

that supplies any gaming machines of any type, gaming supplies of any 

kind, or other materials to any gaming operation on the Crow Creek 

Sioux Reservation must hold a license. The license fee is One Thousand 

Dollars ($1,000.00) and thereafter an annual fee of One Hundred Dollars 

($100.00) renewable July 1st. This is in addition to the costs of any 

background investigation. 

No person shall be issued a license pursuant to this Ordinance unless that person 

meets qualifications at least as stringent as those required to obtain a gaming 

license from the State of South Dakota. 

All owners of gaming operations shall pay an appropriate assessment to the 

National Indian Gaming Commission as determined by that Commission 

pursuant to Section 2710 (b) (4) (1) (IV) of the Indian Gaming Regulatory Act. 

Section 20. License. 

Any license that is issued under this Ordinance is revocable and no person 

holding a license acquires any vested rights in it. Any applicant for a license has 

the burden of proof of qualification and is required to submit to such 

investigation as regards to his past conduct, as may be required by the 

Commission. No license issued pursuant to this Ordinance may be transferred. 

Section 21. 1. 

All primary management officials and key employees of any gaming facility 

operated on the Crow Creek Sioux Indian Reservation shall be subject to 

background investigations prior to obtaining a license. Such investigations shall 

be conducted by the Gaming Commission. The Gaming Commission shall 

notify the National Indian Gaming Commission of the issuance of gaming 

licenses. 

No person shall be eligible for employment in any gaming facility operated on 

the Crow Creek Sioux Reservation if that person's prior activities, criminal 

record, reputation, habits or 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, methods or activities in the conduct of 

gaming. 

. . Section 22. BackPround for Primary Management-y 

EmnloveesA background investigation shall be performed for each primary management 

oficial and for each key employee of a gaming operation. 

a. The Crow Creek Sioux Tribe Gaming Commission shall request from 

each primary management official and from each key employee all of the 

following information on an application: 

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

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

written); 

2. For the previous five years: Business and employment positions held, 

ownership interests in those businesses, business and residence addresses, 

and drivers license numbers; 

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

including one personal reference who was acquainted with the applicant 

during each period of residence listed under paragraph (a)(2) of this 

section; 

4. Current business and residence telephone numbers; 

5. A description of any previous businesses relationships with Indian tribes, 

including ownership interests in those businesses; 

6. A description of any previous business relationships with the gaming 

industry generally, including ownership interests in those businesses; 

7. 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; 
8. For each felony for whikh'there is ongoing prosecution or a conviction, 

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

disposition; 

9. 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 thecourt involved and the date and 

disposition; 

10. The name and address of any licensing or regulatory agency with which 

the person has filed an application for an occupational license or permit, 

whether or not such license or permit was granted; 

1 1. A photograph; and 

12. Any other information the Crow Creek Sioux Tribe Gaming Commission 

deems relevant. 

b. The Crow Creek Sioux Tribe Gaming Commission shall conduct an 

investigation sufficient to make a determination that employment of a person 

does not pose a threat to the public interest or to the effective regulation of 

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

practices and methods and activities in the conduct of gaming. If a person is 

found to be unsuitable, that person shall not be employed in a key employee or 

primary management official position. 

c. If the Crow Creek Sioux Tribe Gaming Commission possesses an 

investigative report for an employee, the Commission may update that report 

instead of performing an entirely new investigation. 

Section 23. Eriy&v Notice. 

The Crow Creek Sioux Tribe Gaming Commission shall place the following 

notice on the application form for a key employee or a primary management 

official before that form is filled out by an applicant: 

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

provided: Solicitation of the information on this form is authorized by 25 

U.S.C. 270 1 w. The purpose of the requested information is to determine the 
eligibility of individuals to beemployed in agarningoperation. Theinformation 

will be used by National Indian t ah in^ 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 ofactivities while associated with a tribe ora gamingoperation. 

Failure to consent to the disclosures indicated in this notice will result in a tribe's 

being unable to hire you in a primary managament 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. 

A false statement on any part of your application may be grounds for not hiring 

you, or for firing you after you begin work. Also, you may be punished by fine 

or imprisonment under 18 U.S.C. 1001. 

Section 24. Revocation of I,-. 

A license may be revoked, upon a finding by the Commission, of a violation of 

the Gaming Ordinance or Regulations. A person holding a license shall be 

notified that revocation of his license is being considered by the Commission. 

The license holder, may, upon such notice, request an informal hearing before 

the Commission prior to the revocation of his license. Any disciplinary action, 

including the suspension or revocation ofa gaming license, shall comply with the 

provisions of Chapter 10 of the Crow Creek Sioux Tribe Gaming Regulations. 

Section 25. Not&. 

Notice, when required by this Ordinance, shall be given by registered mail and 

shall be considered to be complete upon placing the notice in the U.S. mail, 

postage prepaid. 

Section 26. m. 

Any person, any stockholder of any corporation or any partner in any 
partnership involved asa manufacturer, operator or retailer with theconduct of 

the card games, slot machines and electronic gaming machines, shall be: , 

1. A person of good character, honesty, and integrity; 

2. A person whose prior activities, criminal record, reputation, habits, and 

associations do not pose a threat to the public interests of the Tribe or of 

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

illegal practices, methods and activities in the conduct of gaming or the 

carrying on of the business and financial arrangements incidental to the 

conduct of gaming; 

3. A person who has not been convicted of a felony in this or any other 

jurisdiction, unless ten (1 0) years have passed since satisfactory 

completion of the sentence or probation imposed by the court in each 

felony, has not been found to have violated the provisions of this 

Ordinance or any rule adopted pursuant to this Ordinance, and has not 

knowingly madea false statement ofmaterial facts to the Commission or 

its legal counsel. 

. . . . Section 27. Car In-. 

Any applicant for a license under this Ordinance shall reimburse the 

Commission for any costs of investigation over and above the initial licensure 

fee charged at the time of application to determine if he is a suitable licensee 

under this Ordinance. By signing and filing an application for a license, the 

applicant authorizes the Commission to obtain information from other states 

regarding prior license applications, or conduct of the applicant or any of its 

shareholders, partners, agents, or employe& in those states. The National 

Indian Gaming Commission shall be notified of the results of all such 

investigations. 

. . Section 28. -. 

Any participant in acard game, slot machine, orelectronic gaming machine shall 

be twenty-one (21) years or older at the time of his participation. 

Section 29. Penalties. 
Any person who knowingly makes a false statement in any application for a 

license or in any statement attached to the application, or who fails to keep 

sufficient books and records to substantiate the receipts, expenses or uses 

resulting from limited card games and slot machines conducted under this 

Ordinance, or who falsifies any books or records so as the books or records 

relate to any transaction connected with the holding, operating, and conducting 

of any gaming activity, or who violates any of the provisions of this Ordinance, 

or any rule adopted by the Commission, or any terms of license granted under 

this Ordinance, shall be in violation of this Ordinance. The Crow Creek Sioux 

Tribe recognizes that it may not subject non-Indian offenders to the criminal 

jurisdiction of its tribal court. This provision is not intended to subject 

individuals to criminal penalties. These penalties are intended to be regulatory 

in nature. 

. .. Section 30. Ma. 

It is unlawful for any person playing or conducting any authorized game of 

chance, conducted by a licensee to: 

1. Use bogus or counterfeit chips, tokens, devices or coins; 

2. Employ or haveon one's person any cheating device to facilitate cheating 

in any game of chance; 

3. Use any fraudulent scheme or technique; 

4. Have located on the premises, equipment for gaming that is not licensed 

by the Commission under this Ordinance except equipment exempted by 

the Commission, this Ordinance or other statutes. 

A person violating this section is guilty of a misdemeanor unless the 

amount gained through violating this section is more than Five Hundred 

Dollars ($500.00), in which case the offense is a felony. Any other 

violation of this Ordinance is a misdemeanor. 

Section 3 1. mulrements of Slot Machines. 

All slot machines operated within the Crow Creek Sioux Reservation shall have 

the following security and audit specifications: 
1. Microprocessor controlled; 

2. Compatible to on-line data monitoring; 

3. Internal locked enclosure for circuit board; 

4. Continue game with no data loss after power failure; 

5. Previous and current game data recall; 

6. Random selection process that satisfies ninety-five percent (95%) 

confidence level using standard chi-squared, runs, and serial correlation 

tests; 

7. Clearly display applicable rules of play and payout schedule; and 

8. Display an accurate set of non-volatile meters, in, out, drop, handle, and 

jackpot. 

Section 32. Audits. 

The Committee shall require annual audits of all gaming activities. The audits 

shall be conducted by an independent auditing firm. All such audits shall be 

madeavailable to tribal council members upon written request. Audits shall also 

be required of all contracts for goods and services related to the gaming activities 

which exceed Twenty-Five Thousand Dollars ($25,000.00) per year. 

Section 33. Notices. 

All Regulations, Ordinances, or internal rules enacted by the Commission shall 

be posted in the Tribal office. An interested party who is affected by a 

Commission ruling may request a hearing before the Commission and may 

appeal an adverse ruling to the Crow Creek Sioux Tribal Court pursuant to 

Section 12 of this Ordinance. 

. . Section 34. Records of Gaming.. 

Information and records of the Commission on gaming enumerated by this 
Section 

section are confidential and rnay.not be disclosed except pursuant to a court 

order. No person may use a subpoena, discovery or other applicable statutes to 

obtain such information or records. Information and records considered 

confidential include: 

1. Tax returns of individual licensees; 

2. Applications, credit, medical and security reports of applicants for 

licenses and other persons seeking or doing business with the 

Commission; 

3. Marketing, financial or sales data, the disclosure of which may be 

harmful to the competitive position of Crow Creek Sioux tribal gaming, 

its licensees or persons seeking or doing business with the Commission; 

4. Audit work papers, worksheets and auditing procedures used by the 

Commission, its agents or employees. 

Between Cove Sa. . . 

Communications between the Comrnission and the Executive Secretary relating 

to licensing, disciplining of licensees, or violations by licensees are privileged and 

confidential if made lawfully and in the course of and in furtherance of the 

business of the Commission on gaming, except pursuant to court order after an 

in-camera review. The Executive Secretary, the Commission or any member of 

the Commission may claim this privilege. 

. . Section 36. Exclusion or F-- From Garmng. 

The Tribe hereby declares that the exclusion or ejection of certain persons from 

licensed gaming establishments is necessary to carry out the policies of this 

Ordinance and to maintain effectively the strict regulation of licensed gaming. 

The Commission may provide for the establishment of a list of persons who are 

to be excluded or ejected from any licensed gaming establishment, including any 

person whose presence in the establishment is determined to pose a threat to the 

interest of the Crow Creek Sioux Tribe or the State of South Dakota or to 

licensed gaming. In making the determination for exclusion, the Commission 

may consider any of the following: 
1. Prior conviction of a felony, a misdemeanor involving moral turpitude 

or a violation of the gaming laws of any state, the United States, any of 

its possessions or territories including Indian tribes; 

2. A violation, attempt to violate or conspiracy to violate the provisions of 

this chapter relating to the failure to disclose an interest in a gaming 

establishment for which the person must obtain a license or make 

disclosures to the Commission; or intentional evasion of fees or taxes; 

3. Notorious or unsavory reputation that would adversely affect public 

confidence and trust that the gaming industry is frp from criminal or 

corruptive influences. 

If the name and description of any person is placed on the exclusion list, 

the Commission shall serve notice of that action upon the person by at 

least one of the following means: 

1. By personal service; 

2. By certified mail to the last known address of the person; or 

3. By publication in an oficial newspaper in Buffalo or Brule 

County. 

A person placed upon the exclusion list may contest that action by filing 

a written protest with the Commission and the protest shall be heard by 

the Commission. 

, . Section 37. Mlnlmum PayW. 

The minimum payback value of one credit played on a slot machine shall be at 

least eighty percent (80%) of the value of the credit. No slot machine may be 

played by more than one person at a time. 

Section 38. w. 

It shall be the policy of the Crow Creek Sioux Tribe to fully comply with all 

applicable U.S. federal law including the provisions of the Indian Gaming 

Regulatory Act (25 U.S.C. Section 2701 w.) and the tribawstate compact 
Section 39. 

negotiated with the State of South Dakota in theconduct of all gaming activity 

within the jurisdiction of the Crow Creek Sioux Tribe. 

tar? Interest. 

The Crow Creek Sioux Tribe shall have the sole proprietary interest and 

responsibility for the conduct of any gaming activity within the jurisdiction of 

the Crow Creek Sioux Tribe. 

Section 40. Net Ikyemgs. 

Net revenues derived from gaming activity shall be utilized for the following 

purposes: 

1. To fund tribal government operations or programs; 

2. To provide for the general welfare of the Crow Creek Sioux Tribe and 

tribal members; 

3. To promote tribal economic development; 

4. To donate to charitable organizations; 

5. To help fund operations of local government agencies. 

Net revenues from any gaming activity (as defined by the Indian Gaming 

Regulatory Act, 25 U.S.C. Section 2703) may be used to make per capita 

payments to the Crow Creek Sioux tribal members only if the following 

conditions are first met: 

1. The Tribe has prepared an adequate plan for al!ocation of net revenues 

asdescribed above which plan has been approved by the Secretary of the 

Interior or his/her authorized designated representative; 

2. In the event of a per capita distribution, the interests of affected minors 

and other legally incompetent persons entitled to such per capita 

payments areadequately protected and preserved, under a plan approved 
by the Tribe's governing body and by the Secretary of the Interior or 

hislher authorized designated representative; 

3. The recipients of the said per capita payments are properly notified by 

the Tribe that the payments are subject to federal taxation; 

Section 42. Protec€ions 

It is the further duty of the Crow Creek Sioux Tribal Gaming Commission to 

ensure that any construction and maintenance ofany gaming facility licensed by 

the Commission, and the operation gf the gaming activity therein shall be 

conducted in a manner which adequately protects the environment and the 

public's health and safety. 

Section 43. Management. 

All management agreements entered into by the Tribe, if any, shall comply with 

all the applicable provisions of the Indian Gaming Regulatory Act, 25 U.S.C. 

Section 27 1 1. 

Section 44. -Revenue&. 

All applicable Internal Revenue Code provisions concerning reporting and 

withholding of taxes with respect to the winnings from gaming shall be adhered 

to. 
FORT THCHPSOH. SD 

RECFIYEI! 

. - 

Section 45. Designation of Agent For Servicz. . 

The Chairman of the Crow Creek Sioux Tribe is he@QW8&gfi&ted~sagent for 

service of any oflicial determination, order, or notice of violation. The address 

of the Chairman is Crow Creek Sioux Tribal Council, Box 658, Fort Thompson, 

South Dakota. The phone number of the Chairman is (605) 245-2221 and the 

fax number is (605) 245-2470. 

, 199z. 

Crow Creek Sioux Tribe Gaming Ordinance was signed and sealed this $dh . day 

of dove lL&~,1/ 

Secretary u 

Crow Creek ~iouk Tribe Crow Creek Sioux Tribe