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July 10, 2023

VIA E-MAIL

Chairman Delores Pigsley

Siletz Tribal Council

Confederated Tribes of Siletz Indians of Oregon

201 SE Swan Ave.

P.O. Box 549

Siletz, OR 97380

Re: Amended Gaming Ordinance

Dear Chairman Pigsley:

This letter responds to your request for the National Indian Gaming Commission 

(“NIGC”) Chairman to review and approve the Confederated Tribes of Siletz Indians of 

Oregon’s amended Gaming Ordinance (“Ordinance”). The Siletz Tribal Council adopted an 

amended Ordinance by Resolution 2023-179 on May 19, 2023.

Thank you for bringing the Ordinance to our attention and for providing us with a copy. 

The Ordinance is approved as it is consistent with the Indian Gaming Regulatory Act and NIGC 

regulations.

If you have any questions or require anything further, please contact Staff Attorney Adam 

L. Candler at 202-580-5718 or by e-mail at adam.candler@nigc.gov.

Sincerely,

E. Sequoyah Simermeyer

NIGC Chairman

cc: Katie Gargan, Siletz Tribal Attorney

GAMING ORDINANCE

Siletz Tribal Code § 6.001

GAMING ORDINANCE

Siletz Tribal Code § 6.001

§ 6.001 PURPOSE .........................................................................................................................1

§ 6.002 GAMING AUTHORIZED................................................................................................1

§ 6.003 OWNERSHIP OF GAMING............................................................................................2

§ 6.004 USE OF GAMING REVENUE........................................................................................2

§ 6.005 AUDIT ..............................................................................................................................2

§ 6.006 PROTECTION OF THE ENVIRONMENT AND PUBLIC HEALTH AND SAFETY 2

§ 6.007 BACKGROUND INVESTIGATIONS: LICENSING OF KEY EMPLOYEES AND 

PRIMARY MANAGEMENT OFFICIALS ....................................................................................2

§ 6.008 LICENSE LOCATIONS.................................................................................................10

§ 6.009 REPEAL..........................................................................................................................10
GAMING ORDINANCE

Siletz Tribal Code § 6.001

Adopted 08/20/94; Reso. No. 94-188 1 Amended: 05/19/2023

Ordinance No. 6.001. Amended by

Resolution No. 2005-361, dated September 16, 2005; 

Resolution No. 2015-311, dated October 16, 2015;

Resolution No. 2016-069, dated March 4, 2016;

Resolution No. 2016-162, dated May 20, 2016;

Resolution No. 2023-110, dated March 16, 2023;

Resolution No. 2023-179, dated May 19, 2023.

Original Date: August 20, 1994 

Subject: Gaming Ordinance

GAMING ORDINANCE

Siletz Tribal Code § 6.001

§ 6.001 PURPOSE

(a) The Siletz Tribal Council, hereinafter “Tribe,” empowered by the Tribe's 

Constitution to enact ordinances, hereby adopts this Ordinance in order to set the terms for and 

to regulate all gaming activities on Siletz tribal lands.

(b) The Tribe shall conduct gaming operations to obtain revenues for tribal 

purposes, to employ tribal members, and to prevent the infiltration of criminal elements into 

such operations.

(c) The Tribe shall conduct all gaming operations in accordance with the Indian 

Gaming Regulatory Act, all applicable federal regulations and guidelines, and consistent with

the Tribe's sovereign authority over its affairs.

(d) This Ordinance is an exercise of the policy and general welfare powers of the 

Confederated Tribes of Siletz Indians of Oregon, acting in the best interests of the tribal 

membership. All provisions of this ordinance shall be liberally construed to achieve their 

purposes.

§ 6.002 GAMING AUTHORIZED

Class II and Class III gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-

447, 25 U.S.C. § 2703(7)(a) and 25 U.S.C. § 2703(8) ("IGRA") and by the regulations 

promulgated by the National Indian Gaming Commission ("NIGC") at 25 C.F.R. § 502(3) (as 
GAMING ORDINANCE

Siletz Tribal Code § 6.001

Adopted 08/20/94; Reso. No. 94-188 2 Amended: 05/19/2023

published in the Federal Register at 57 FR 12382-12393, April 9, 1992) is hereby authorized.

§ 6.003 OWNERSHIP OF GAMING

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of 

any gaming operation authorized by this ordinance.

§ 6.004 USE OF GAMING REVENUE

(a) Net revenues from Class II and Class III gaming shall be used only for the 

following purposes: to fund tribal government operations and programs; to provide for the 

general welfare of the Tribe and its members; promote tribal economic development; donate to 

charitable organizations; or help fund operations of local government agencies.

(b) The Tribe has elected to make per capita payments to tribal members under a

plan submitted to the Secretary of the Interior and approved under 25 U.S.C. § 2710(b)(3)

and 25 C.F.R. Part 290, as that plan may be amended from time-to-time.

§ 6.005 AUDIT

(a) The Tribe shall cause to be conducted annually an independent audit of gaming 

operations and shall submit the resulting audit reports to the National Indian Gaming 

Commission.

(b) All Gaming related contracts that result in the purchase of supplies, services, or 

concessions in excess of $25,000.00 annually, except contracts for professional legal and 

accounting services, shall be specifically included within the scope of the audit that is described 

in subsection A above.

§ 6.006 PROTECTION OF THE ENVIRONMENT AND PUBLIC HEALTH AND

SAFETY

Class II and Class III gaming facilities shall be constructed, maintained and operated in 

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

§ 6.007 BACKGROUND INVESTIGATIONS: LICENSING OF KEY

EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS

(a) The Confederated Tribes of Siletz Indians shall ensure that the policies and 

procedures set out in this section are implemented with respect to key employees and

primary management officials and employed at any Class II and Class III enterprises operated 

on tribal lands; provided, that this Section does not apply to any license that is intended to 

expire within 90 days of issuance (temporary license):
GAMING ORDINANCE

Siletz Tribal Code § 6.001

Adopted 08/20/94; Reso. No. 94-188 3 Amended: 05/19/2023

(b) Definitions:

For purposes of this section, the following definitions apply:

(1) Key employee:

A person who performs one or more of the following functions:

(A) Bingo caller;

(B) Counting room supervisor;

(C) Chief of security;

(D) Custodian of gaming supplies or cash;

(E) Floor manager;

(F) Pit boss;

(G) Dealer;

(H) Croupier;

(I) Approver of credit; or

(J) Custodian of gaming devices including persons with access to

cash and accounting records within such devices.

If not otherwise included, any other person whose total cash 

compensation is in excess of $50,000 per year.

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

the gaming operation.

(2) Primary management official:

(A) The person having management responsibility for a

management contract;

(B) Any person who has authority to hire and fire employees, or to set 

up working policy for the gaming operation; or
GAMING ORDINANCE

Siletz Tribal Code § 6.001

Adopted 08/20/94; Reso. No. 94-188 4 Amended: 05/19/2023

(C) The chief financial officer or other person who has

financial management responsibility.

(c) 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 granted a 

gaming license. The information will be used by the Tribal gaming 

regulatory authorities and by National Indian Gaming Commission

(NIGC) members and staff who have need for the information in the 

performance of their official duties. The information may be disclosed by 

the Tribe or the NIGC 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 NIGC in connection with the issuance, denial 

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 the Tribe’s being unable

to license you for 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 this 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 management official before that form is filled out by an 

applicant:
GAMING ORDINANCE

Siletz Tribal Code § 6.001

Adopted 08/20/94; Reso. No. 94-188 5 Amended: 05/19/2023

A false statement on any part of your license application may be 

grounds for denying a license or the suspension or revocation of a 

license. Also, you may be punished by fine or imprisonment. (U.S. 

Code, Title 18, § 1001.)

(4) The Confederated Tribes of Siletz Indians shall notify in writing, existing 

key employees and primary management officials that they shall either:

(A) Complete a new application form that contains this notice; or

(B) Sign a statement that contains the notice regarding

false statements.

(d) Background Investigations.

The Confederated Tribes of Siletz Indians shall request from each primary 

management official and from each key employee, all of the following information:

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

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

(2) Currently and for the previous five (5) years: Business and employment 

positions held, ownership interests in those businesses, business and residence 

addresses, and driver's license numbers;

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

including one personal reference who was acquainted with the applicant during 

each period of residence listed under paragraph (2) of this section;

(4) Current business and resident telephone numbers;

(5) A description of any existing and previous business relationships with 

Indian tribes, including ownership interests in those businesses;

(6) A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those businesses;

(7) The names and addresses 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 which there is an ongoing prosecution or a conviction, 

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

Siletz Tribal Code § 6.001

Adopted 08/20/94; Reso. No. 94-188 6 Amended: 05/19/2023

disposition if any;

(9) For each misdemeanor conviction or ongoing misdemeanor prosecution 

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

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

disposition;

(10) For each criminal charge (excluding minor traffic charges), whether or not 

there is a conviction, if such criminal charge is within ten (10) years of the date of

the application and is not otherwise listed pursuant to paragraph (8) or (9) of this 

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

date and disposition;

(11) 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;

(12) A photograph;

(13) Any other information the Tribe deems relevant; and

(14) Fingerprints consistent with procedures adopted by the Tribe according to 

25 C.F.R. § 522.2(g).

(e) Investigation.

(1) The Confederated Tribes of Siletz Indians shall conduct an investigation 

sufficient to make a determination under subsection (f) of this section.

(2) If, in the course of a background investigation, the Tribal Gaming 

Commission discovers that the applicant has a notice of results on file with the 

NIGC from a prior investigation and the Tribal Gaming Commission has access to 

the earlier investigative materials (either through the NIGC or the previous tribal 

investigative body), the Tribal Gaming Commission may rely on those materials 

and update the investigation and investigative reports under this subsection.

(3) In conducting a background investigation, the Tribe or its agents shall 

keep confidential the identity of each person interviewed in the course of the 

investigation.

(f) Eligibility Determination.

The Tribal Gaming Commission shall review:
GAMING ORDINANCE

Siletz Tribal Code § 6.001

Adopted 08/20/94; Reso. No. 94-188 7 Amended: 05/19/2023

(1) a person's prior activities;

(2) criminal record, if any; and

(3) reputation, habits and associations

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

official for granting of a gaming license. If the Tribe determines that licensing 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, the Tribal Gaming Commission shall not license that 

person in a key employee or primary management official position.

(g) Reports of Key Employees and Primary Management Officials to the

National Indian Gaming Commission; Background Investigations.

(1) When the Tribe employs a primary management official or a key 

employee, the Tribe shall maintain a complete application file containing 

the information listed under subsection (d) of this section.

(2) Before issuing a license to a primary management official or to a key 

employee, the Tribe shall:

(A) Create and maintain an investigative report on each background 

investigation. An investigative report shall include all of the 

following:

(i) Steps taken in conducting the background investigation;

(ii) Results obtained;

(iii) Conclusions reached; and

(iv) The basis for those conclusions.

(B) Submit a notice of results of the applicant’s background 

investigation to the NIGC, through the Regional NIGC office, no later 

than sixty (60) days after the applicant begins work. The notice of results 

shall contain:

(i) Applicant’s name, date of birth, and social security

number;
GAMING ORDINANCE

Siletz Tribal Code § 6.001

Adopted 08/20/94; Reso. No. 94-188 8 Amended: 05/19/2023

(ii) Date on which applicant began or will begin work as key 

employee or primary management official;

(iii) A summary of the information presented in the

investigative report, which shall at a minimum include

a listing of:

(a) Licenses that have previously been denied;

(b) Gaming licenses that have been revoked, even if 

subsequently reinstated;

(c) Every known criminal charge brought against the 

applicant within the last ten (10) years of the date

of application; and

(d) Every felony of which the applicant has been 

convicted or any ongoing prosecution.

(iv) A copy of the eligibility determination made under

subsection (f) of this section.

(h) A tribal gaming operation shall not employ a key employee or primary

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

(i) Notice if License Not Issued to Applicant.

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

(1) Shall notify the National Indian Gaming Commission; and

(2) Shall forward copies of its eligibility determination and notice of results, 

under subsection (g) of this section, to the National Indian Gaming 

Commission for inclusion in the Indian Gaming Individual Records 

System.

(j) Granting a Gaming License.

(1) Providing Information to the NIGC.

(A) Upon receipt of a complete notice of results for a key employee or 

primary management official as required by subsection (g) of this 
GAMING ORDINANCE

Siletz Tribal Code § 6.001

Adopted 08/20/94; Reso. No. 94-188 9 Amended: 05/19/2023

section, the Chair of the NIGC has thirty (30) days to request 

additional information from the Tribe concerning the applicant or 

licensee and to object.

(B) If, within the thirty (30) day period after the National Indian 

Gaming Commission receives the complete notice of results 

required by subsection (g) of this section, the National Indian 

Gaming Commission has no objection to the issuance of a license

a key employee or primary management official, the National

Indian Gaming Commission shall notify the Tribe, and the Tribe

may issue a license to such applicant.

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

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 notice of results to the 

NIGC, the Tribe shall reconsider the application, taking into 

account the objections itemized by the NIGC. The Tribe shall make 

the final decision whether to issue a license to such applicant.

(D) If the Tribe has issued a license to an applicant for a license as a 

key employee or primary management official before receiving the 

NIGC’s statement of objections, notice and a hearing shall be 

provided to the licensee as provided for by subsection (l) of this 

section.

(2) Notice of Issuance of License.

Within thirty (30) days after the issuance of the license, the Tribe

shall notify the NIGC of its issuance.

(k) Retention of records.

With respect to key employees and primary management officials, the Tribe shall retain

(1) applications for licensing;

(2) Investigative reports; and

(3) Eligibility determinations

for inspection by the Chair 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.
GAMING ORDINANCE

Siletz Tribal Code § 6.001

Adopted 08/20/94; Reso. No. 94-188 10 Amended: 05/19/2023

(l) License Suspension; Hearing.

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

reliable information indicating that a key employee or a primary 

management official is not eligible for employment under subsection (f) of 

this section, the Tribe shall immediately 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 his or her license.

(3) A right to a hearing under this section shall vest only upon receipt of a 

license granted under this ordinance, upon the ordinance’s approval by the 

Chair of the NIGC.

(4) After a revocation hearing, the Tribe shall decide to revoke or to reinstate

a gaming license. The Tribe shall notify the NIGC of its decision within

45 days after receiving notice from the NIGC pursuant to subsection 1 of 

this section.

§ 6.008 LICENSE LOCATIONS

The Tribe shall issue a separate license to each place, facility, or location on Indian 

lands where gaming is conducted under this ordinance.

§ 6.009 REPEAL

To the extent that they are inconsistent with this ordinance, all prior gaming ordinances

are hereby repealed.