AL 

OMM ISSlON 

Mark Mercier, Chairman 

The Confederated Tribes of the Grand Ronde 

Community of Oregon 

9615 Grand Ronde Road 

Grand Ronde, Oregon 97347 

, Dear Chairinan Mercier: 

This letter responds to your request to review and approve - the amendment to the tribal gaming ordinance of the Confederated 

Tribes of the rand Ronde Community of Oregon (Tribe).. The . 

amendment to the ordi6ance was adopted by the Tribe by Resolution 

No."',001-95, on January 4, 1995. This letter constitutes such 

approval under the'1ndian Gaming Regulatory Act. (IGRA). 

Under the TGRA and the regulations of the National Indian 

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

amendments to 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. 

Thank you for submitting the amendment to the tribal gaming 

ordinance of the Confederated Tribes of the Grand Ronde Community 

of Oregon. The NIGC staff and I continue to look forward to 

working with you and the Tribe in implementing the IGRA. 

Sincgrely yours, 

1850 M STREET. N.W. SUITE 250 WASHINGTON. D.C. 20036 TEL. 202-632-7003 FAX 202-632-7066 
THE CONFEDERATED TRIBES 

OF THE GRAND RONDE COMMUNITY 

OF OREGON 

TRIBAL COUNCIL 

Resolution No. 001-95 

WHEREAS, the Grand Ronde Tribal Council, pursuant to Article 111, 

Section I of the Tribal Constitution approved November 30, 1984 by 

the Acting Deputy Assistant Secretary of the Interior, Indian 

Affairs, is empowered to exercise all legislative and executive 

authority not specifically vested in the General Council of the 

Confederated Tribes of the Grand Ronde Community of Oregon; and, 

WHEREAS, the Tribe is preparing to develop a gaming facility on its 

trust lands on Salmon River Highway, known as the Forestry Site; 

WHEREAS, the Tribe is committed to running a sound and clean gaming 

facility; 

WHEREAS, the Tribe approved and adopted a Gaming Ordinance on May 

12, 1993 by Resolution No. 029-93; and 

WHEREAS, the Tribal Council has determined that certain changes are 

warranted at this time to the Gaming Ordnance; 

THEREFORE BE IT RESOLVED, that the Tribal Council hereby amends the 

Gaming Ordinance as follows: 

1. At Section (g) (11, the number of members on the 

Commission is changed from nine members to five members; 

2. At Section (g)(l), thenumberof mandatoryTribalmembers 

of the Commission is changed from five to two; 

3. At Section (g) (2), the term of the Commissioners shall 

change from four years to three years; 

4. At Section (g)(6)(D), a quorum shall consist of three 

members instead of five members; 

5. At Section (z) (1) and (2) , more detail is provided for in 

the appeal process from the Commission Director; 

UMPQUA 

MOLALLA 

ROGUE RIVER 

KALAPUYA 

CHASTA 

961 5 GRAND RONDE RD. 

GRAND RONDE. OREGON 97347 

(503) 879-2301 
DATE ADOPTED: 5-12-93 

SUBJECT : Gaming 

RESOLUTION #: 029.93. 001-95 

DATE AMENDED: 1-4-95 

CONFEDERATED TRIBES OF THE 

GRAND RONDE COMMUNITY OF OREGON 

GAMING ORDINANCE 

Tribal Code § 

(a) Authority and Purpose ................................. 3 

(b) Gaming Authorized ..................................... 3 

(c) Definitions ........................................... 3 

(d) Ownership ............................................. 7 

(e) Unauthorized Gaming ................................... 7 

(f) Use of Revenue ........................................ 7 

(9) Grand Ronde Gaming Commission ......................... 7 

(h) Commission Director ................................... 11 

(i) Audit ................................................. 12 

(j) Construction. Maintenance and Operation of 

Facility ......................................... 12 

(k) License Applications for Key ~mployees/Primary 

Management Officials ........................ 13 

(1) Background Investigations ............................. 13 

(m) Eligibility Determination ........ 

(n) Procedures: Forwarding ~pplications and Reports for Key 

Employee and Primary Management Official to NIGC ..... 15 

(0) -Investigative Report to NIGC .......................... 15 

(p) Drug Testing .......................................... 16 

(q) Granting of Gaming License ............................ 16 

(r) Corporation Duties .................................... 16 

Contract Execution . 

(t) Management Fees ....................................... 18 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 1 
(u) Licensing of Gaming ................................... 18 

(v) License Locations ..................................... 19 

(w) Prohibition Against Certain Individuals ............... 19 

(x) Unlawful Acts ......................................... 19 

(y) License Suspension .................................... 21 

(2) Appeals ............................................... 21 

(aa) Effective Date ........................................ 22 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 2 
GAMING ORDINANCE 

(a) Authoritv and Puroose: The Council has authority to adopt this 

Gaming Ordinance under the Tribal Constitution Article 111, Section 

1. Powers. The Constitution does not require approval of the 

Ordinance by the Secretary of the Interior. The Ordinance is 

effective upon approval of the National Indian Gaming Commission 

(NIGC) under the Indian Gaming Regulatory Act (IGRA), retroactive 

to the date of enactment of the Ordinance. The purpose of this 

Ordinance is to set forth the terms for Class I1 and Class 111 

gaming operations on tribal lands. 

(b) Gamins Authorized: Class I1 and I11 gaming as defined in the 

IGRA, P.L. 100-447, 25 U.S.C., Section 2703 (7) (A) (IGRA) and by 

the regulations declared by the NIGC at 25 C. F .R. § 502.3 is hereby 

authorized. 

Definitions: The following definitions shall 

(1) "BylawsI1: the operating document of the Grand Ronde 

Gaming Commission. 

(2) llChairman": the Chairman of the NIGC. 

(3) "Class I Gamingu: social games played solely for prizes 

of minimal value, or traditional forms of Indian gaming when 

played by individuals in connection with tribal ceremonies or 

celebrations. 

(4) I1Class I1 Gaming": 

(A) 'IBingou or lotto (whether or not electronic, computer, or other technologic aids are used) when players: 

1. Play for prizes with cards bearing numbers or 

other designations; 

2. Cover numbers or designations when objects, 

similarly numbered or designated, are drawn or 

electronically determined; and 

3. Win the game by being the first person to 

cover a designated pattern on such cards; 

(B) If played in the same location as bingo or lotto, 

pull-tabs, punch boards, tip jars, instant bingo, and 

other games similar to bingo; 

(C) Nonbanking card games that: 

1. State law explicitly authorizes, or does not 

explicitly prohibit, and are played legally anywhere in the state; and 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 3 
2. Players play in conformity with state laws and 

regulations concerning hours, periods of operation, 

and limitations on wagers and pot sizes; 

(5) I1Class I11 Gaming": all forms of gaming not classified 

Class I or 11, including but not limited to: 

(A) Any house banking game, including but not limited 

to: 

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

blackjack (21), and pai 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. 

(6) "Commission": the Grand Ronde Gaming Commission. 

(7) "Corporation": the Spirit Mountain Development Corporation (SMDC), a tribally chartered corporation responsible for 

tribal economic development. 

(8) "Gambling Devicev : 

(A) Any so-called 'slot machine' or any other machine or 

mechanical device an essential part of which is a drum or 

reel with insignia thereon, and 

1. Which when operated may deliver, as the result 

of the application of an element of chance, any 

money or property, or 

2. By the operation of which a person may become 

entitled to receive, as the result of the application of an element of chance, any money or property; or 

(B) Any other machine, mechanical device (including, but 

not limited to, roulette wheels and similar devices), 

electromechanical or electronic device designed and manuf actured primarily for use in connection with gambling, 

and 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 4 
1. Which when operated may deliver, as the result 

of the application of an element of chance, any 

money or property, or 

2. By the operation of which a person may become 

entitled to receive, as the result of the application of an element of chance, any money or property; or 

3. Any subassembly or essential part intended to 

be used in connection with any such machine, mechanical device or electro-mechanical or electronic 

device, but which is not attached to any such machine, mechanical device or electro-mechanical or 

electronic device as a constituent part. 

(9) "Gaming Establishment or Premisesu : any facility where 

gaming, other than Class I gaming is operated or conducted, 

and includes all buildings, improvements, equipment, and 

facilities used or maintained in connection with such gaming. 

(10) "Gaming Operation" : each economic entity licensed by the 

tribe, operates the games, receives the revenues, issues the 

prizes, and pays the expenses. A gaming operation may be 

operated by a tribe directly or a management contractor. 

(11) "Gross Revenue": the total monetary value due any 

operator of a gaming activity for any chance taken, for any 

table fees for card playing, or other fee for participation or 

admittance, as evidenced by required records. The value shall 

be stated in U.S. currency, before any deductions or allowances for prizes, pay-out of winnings, cost of- operation, 

taxes, labor expenses, equipment or materials used, or any 

other expenses. In the absence of records, gross revenue shall 

be the maximum that would be due to an operator from that 

particular activity if operated at maximum capacity. 

(12) "Grand Ronde Indian Landu or "Indian landu: 

(A) Land within the limits of the Grand Ronde Indian 

Reservation; or 

(B) Land over which the Tribe exercises governmental 

power and that is either: 

1. Held in trust by the United States for the 

benefit of the Tribe or any Indian individual; or 

2. Held by an Indian Tribe or individual subject 

to restriction by the United States against alienation. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 5 
(A) A person performing one or more of the following: 

(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) Any other person whose total cash compensation is in 

excess of $50,000 per year; or 

(C) The four most highly compensated persons in the 

gaming operation. 

(14) BILicenseell: any person who holds a valid and current 

license pursuant to the provisions of this Gaming Ordinance. 

(15) "Management Contractff : any contract, subcontract, or 

collateral agreement between the Tribe and a contractor or 

between a contractor and a subcontractor if such contract or 

agreement provides for the management of all or part of a 

gaming operation. 

(16) "Management Fee": any amount paid from gaming revenue to 

any person or entity contracted and/or licensed to operate a 

gaming facility. Such terms shall not include amounts paid for 

operating expenses. 

(17) "NIGC": the National Indian Gaming Commission. 

(18) "Net Revenuen : gross gaming revenues of the operation 

less amounts paid out as, or paid for, prizes; and total 

gaming-related operating expenses, excluding management fees. 

(19) "Operating Expenseu : any expense incurred in daily 

operations of a gaming activity specifically designated as 

operating expenses in a management contract. 

(20) "Primary Management Officialu: 

(A) The person having management responsibility for a 

management contract; 

(B) The person with authority to hire and fire employees, or set up working policy for the operation; and 

(C) The Chief Financial Officer or other person who has 

financial management responsibility. 

(21) I1State": the State of Oregon. 

(22) llTribal/State Compactl1 or lfCompactll : the agreement negotiated and executed by the Tribe and an official or agency of 

the State and approved by the Secretary of the Interior 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 6 
pursuant to 25 U.S. C. 2710 (7) (B) (vii) , governing the conduct 

of Class I11 gaming on Indian lands. 

(23) "Tribett : the Confederated Tribes of the Grand Ronde 

Community of Oregon. 

(24) "Tribal Councilu or nCounciltl: the Tribal Council of the 

Confederated Tribes of the Grand Ronde Community of Oregon. 

(25) "Tribal Courttt or ttCourtlt: the Tribal Court of the 

Confederated Tribes of the Grand Ronde Community of Oregon. 

(d) owners hi^: The Tribe shall have sole proprietary interest in 

and responsibility for conducting any Class I1 and Class 111 gaming 

operations authorized by this Ordinance. 

(e) Unauthorized Gaminq: The Tribe shall prosecute in Tribal Court 

any person conducting or taking part in unauthorized Class I1 or 

Class I11 gaming on Indian land unless the Tribal Court lacks 

jurisdiction. In that case, the Tribe shall sue such persons in any 

court of competent jurisdiction. 

(f) Use of Revenue: Revenue from Class I1 and Class I11 gaming 

shall be used only for the following: funding tribal government 

operations and programs; providing for the general welfare of the 

Tribe and its members; promoting economic development; donations to 

charitable organizations, or helping to fund operations of local 

governmental agencies. At least ten percent (%) of net revenues 

after debt service shall be allocated to Tribal endowments for 

increased health care benefits, education, and housing. The 

Executive Officer shall make this calculation at the end of the 

first quarter after the end of each full year of operation. 

(g) Grand Ronde Gaminq Commission: 

(1) The GRGC is hereby established. The Commission shall 

consist of five members recommended by the Commission and 

appointed by a majority vote of the Council. There shall be at 

least two Tribal members on the Commission, and at least two 

persons who are not Tribal members. Commission members must 

have four years of relevant experience. All Commission members 

must be at least 25 years of age. Commission membership shall 

include one each of the following persons: 

(A) A person with at least five years of law enforcement 

experience; 

(B) A person with management or regulatory experience; 

preferably Indian; and 

(2) Commissioners shall serve three 3-year terms and may be 

removed from office prior to the end of their term only for 

cause and by unanimous vote of the remainder of the Commission 

or a vote of six Council members at an open, regular meeting. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 7 
(3) In order to establish staggered terms, the Council shall 

appoint the first commissioners as follows: two shall serve a 

1-year term, two shall serve a 2-year term, one shall serve a 

3-year term, (initial terms only) . After the initial term, all 

subsequent terms of appointment shall run for three years. 

Vacancies shall be filled within 30 days by the Commission, 

with the approval of Council, provided, however, that a 

Commissioner whose term has expired shall hold their seat 

until it is filled. 

(4 Commissioners may hold other nonelective and nonmanagerial tribal positions and may engage in business and 

gamble in any gaming operation, provided, however, that they 

may not be employed in or own any interest in or gamble in a 

gaming operation authorized by this Ordinance. 

(5) Commissioners shall be compensated at a rate established 

annually by the Commission, and approved by the Council. Commissioners shall be reimbursed for actual expenses incurred on 

Commission business, including necessary travel expenses. 

(6) The Commission shall adopt bylaws for the conduct of 

business, which shall include the following provisions: 

(A) The Commission shall select annually from its membership a chairperson, who shall have the power to convene special meetings with not less than 48 hours written 

or verbal notice to members of the Commission. 

(B) General meetings of the Commission shall be open to 

the public. 

(C) The Commission may go into executive session, but 

may only take official action while in executive session 

on Commission personnel and licensing matters. 

(D) A quorum shall consist of three members. All 

decisions shall be made by a majority vote unless 

indicated otherwise in this Ordinance or the Bylaws. 

(7) The Commission shall make quarterly reports to the Council within 30 days of the end of each quarter. The reports 

shall include a full and complete statement of gaming revenues 

paid to the Tribe, expenses and all other financial transactions, and a summary of all licensing and enforcement actions. 

(8) The Commission shall exercise all powers necessary to 

regulate Class I1 and Class I11 gaming. The Commission shall 

meet not less than once every two (2) months to hear recommendations and set policy, to hear reports from the Director, 

and transact other business. The Commission shall publicize 

rules and regulations for the operation of any gaming establishment and hear and resolve all disputes regarding any provision of the Ordinance. In all decisions, the Commission 

shall act to promote and ensure integrity, security, honesty, 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 8 
and fairness of operation and administration of all gaming 

activities. The Commission shall have the authority to deny an 

application, limit, condition, suspend, or restrict any license, make a finding of suitability or approval of a license, 

or a finding of suitability or approval of or the imposition 

of a fine upon any person licensed for any cause deemed 

reasonable. 

(9) The duties of the Commission shall include: 

(A) Processing all license applications, making determinations regarding the suitability of persons for licensing, issuing licenses to qualified persons, and notifying the NIGC of the issuance of such licenses as required by the IGRA; 

(B) Denial, limitation, revocation, rescission or suspension of any license when deemed necessary under the 

provisions of this or any related Law of the Tribe, or 

any applicable Federal or State law; 

(C) Causing to be conducted background investigations on 

all Primary Management Officials and Key Employees and 

members of the Commission; 

(D) Printing and making available all necessary license 

application forms and appropriate licenses; 

(E) Collecting license fees imposed pursuant to this 

Ordinance ; 

(F) Inspecting and examining all premises, equipment and 

supplies where gaming is conducted or gaming devices or 

equipment are stored, sold or distributed; 

(G) Inspecting and reviewing all gaming contracts to ensure compliance with this Ordinance; and inspecting and 

reviewing all records, books, and financial documents relating to the conduct of gaming to determine compliance 

by the licensee with this Ordinance and any other applicable law; 

(H) Promulgating and amending such substantive and procedural regulations as the Commission deems necessary to 

carry out this Ordinance, but only upon thirty (30) days 

notice of the proposed rule-making, which notice shall be 

published and posted at the gaming facility, the Tribal 

off ices, and the Community Center, and provided to the 

Council, the Board of Directors of the SMDC, and of any 

licensed gaming facility; 

1. The notice shall specify the purpose of the 

proposed regulation the language of the proposed 

regulation, and the factors the Commission has considered in its determination to enact the proposed 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 9 
regulation, and an address at which the Commission 

shall receive comments. 

2. During the notice period the Commission shall 

receive comments regarding the proposed regulations 

at the Commission offices, or at a designated mailing address. 

3. The Commission shall consider comments received by it at an open public meeting; the Commission 

shall make a final determination regarding the need 

for the proposed regulation, the language of the 

proposed regulation, and the effective date of the 

proposed regulation on the basis of the information 

available to the Commission. 

(I) Consulting with the Tribal Attorney on legal 

questions, appeals and rule-making; 

(J) Imposing civil penalties or other sanctions including seizure of property, after a hearing as provided by 

this Ordinance; 

(K) Defending the Ordinance in any court with proper 

jurisdiction or before any federal agency, however, any 

reference to legal action shall not be deemed a waiver of 

the Tribes' sovereign immunity from suit. 

(L) If the Tribal Council does not cause an outside 

independent audit of all gaming activities as required by 

IGRA and such an audit of the Contract related to gaming, 

the Commission shall cause same to be conducted, as 

required by section (i) of this Ordinance. 

(10) A Commissioner's seat shall be immediately vacant upon 

conviction of any felony, conviction of any misdemeanor related to illegal gambling or bribery, or upon having three (3) 

consecutive unexcused absences from Commission meetings. Cause 

for removal of a Commissioner shall include but not be limited 

to: excessive use of intoxicants which impairs performance of 

duties, use of a tribal position for personal gain, failure to 

perform Commission duties adequately or according to this 

Ordinance, violation of any law of the Confederated Tribes of 

Grand Ronde and bringing discredit or disgrace to the 

Commission or the Tribe. 

(11) The Commission may organize itself into divisions as it 

may deem necessary. The Commission shall establish its own 

budget for operations, including a budget for the Director, 

and acquire such furnishings, equipment, supplies, books, and 

other things as it may deem necessary or desirable in carrying 

out its functions, and incur such other expenses, within the 

limit of funds available to it, as it may deem necessary. 

Within the limits of its approved budget, the Commission shall 

employ and fix the salaries of, or contract for, the services 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 10 
of such personnel and consultants as the execution of its 

duties require. The annual Commission budget shall be 

published with the Tribe's Annual Budget. 

(12) At the end of the budget year any surplus funds shall be 

refunded to the Council at the Council's discretion. 

(13) The Commission and the Director shall maintain files and 

records as they deem desirable and all such records may be 

open to Council inspection as Council deems appropriate. 

Files and records shall not be removed from the Commission 

off ices. 

(14) Until the Commission begins operation, SMDC Board shall 

act as the Commission. Until the Commission is fully operable, 

SMDC may, at SMDC's discretion, continue to perform some 

Commission functions. 

Commission Director: 

(1) The Commission shall hire a Director, with the approval 

of the Council, who shall be responsible for the day-to-day 

monitoring of gaming activities. he Director's qualifications shall include experience in management of legal gaming 

operations and accounting experience or education in accounting. No one convicted of a felony of any kind or a misdemeanor 

related to illegal gambling or bribery can serve as Director. 

The Director shall not have any personal financial interest in 

any gambling by any gaming establishment patron. 

(2) The terms of the contract with the Director will be 

negotiated by the Commission and approved by the council. The 

Director's compensation shall be part of the negotiations. 

(3) The Director shall be terminated automatically and immediately upon the Director's conviction in a federal or state 

court of competent jurisdiction for any felony or for any misdemeanor related to illegal gambling or bribery. If the Director is convicted of violating any part of this Ordinance, or 

of a crime the Commission finds relates to the Director's honesty or ability to fulfill his duties he shall be immediately 

terminated. 

(4) The Director shall, subject to the approval of the Commission, perform all duties, exercise all powers, assume and 

discharge all responsibilities, and carry out and effect all 

purposes of this ordinance related to the establishment of all 

gaming activity. In all decisions, the director shall act to 

prDmote and ensure integrity, security, honesty, and fairness 

of the operation and administration of all gaming activity. 

The duties of the Director shall include but not be limited to 

the following: 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 11 
(A) Ensure that management is carrying out its responsibility as provided for in the Management Contract if 

one exists; 

(B) Conduct correspondence with the NIGC and doing 

whatever is necessary to comply with the rules and regulations of that agency. This includes assuring an annual 

outside audit of authorized gaming be performed as required by the IGRA, and providing it to the NIGC; 

(C) Assure there is an adequate system for background 

investigations of employees of any gaming establishment 

and that oversight of such officials and management is 

conducted on an ongoing basis. The Director will assure 

that all applications and background investigations are 

completed so that no person shall be eligible for employment in or with any part of the gaming operation if that 

person's 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. The Director shall assure that the 

NIGC is given results of such background checks. 

(D) Review all records, documents, and anything else 

necessary and pertinent to enforcement of any provisions 

of this Ordinance. 

(E) Recommend to the Commission whether sanctions should 

be imposed on any person subject to the jurisdiction of 

this Ordinance. 

(i) Audit: 

(1) If the Tribe does not authorize an annual independent 

audit of the operation, the Commission shall authorize one and 

shall submit the results of the audit to NIGC. 

(2) All gaming contracts that result in the purchase of 

supplies, services, concessions, or other subject matter that 

the Commission determines is related to gaming in excess of 

$10,000 annually, except contracts for legal and accounting 

services, shall be specifically included in the audit. 

(j) Construction, Maintenance and Oweration of Facility: Class I1 

and I11 facilities shall be constructed, maintained and operated in 

a manner which protects the environment, public health and safety. 

This shall include compliance with the Uniform Building Code, until 

the Tribe adopts its own building code. 

(k) License Awplications for Kev ~rn~loyees/Primarv Management 

Officials: 

(1) The Commission shall develop license application forms for 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 12 
key employees and primary management officials, which shall 

include requests for all information listed in this section 

and in section (j). 

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

form with a signature block, to be signed by persons applying 

for positions classified as Key Employee or primary Management 

Official : 

Pursuant to the Privacy Act of 1974, the following is 

provided: Solicitation of the information on this form is 

authorized by 25 U.S.C. 2701 et seq. The information will 

determine the eligibility of persons applying for gaming 

operation positions. The information will be used by NIGC 

members and staff who have need of the information to 

perform their official duties. The information may be 

disclosed to Federal, Tribal, State, local or foreign law 

enforcement and regulatory agencies when relevant to 

civil, criminal or regulatory investigations or prosecutions, or pursuant to a requirement of the Tribe or the 

NIGC in connection with hiring or firing an employee, 

issuance or revocation of a gaming license or investigations of activities while associated with the Tribe or 

gaming operations. Failure to consent to the disclosures 

indicated will result in the Tribe's being unable to hire 

you for a primary management official or key employee 

position. 

The disclosure of your Social Security Number (SSN) is 

voluntary. However, failure to provide your SSN may 

result in errors in processing your application. 

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

for key employees or primary official: 

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 for making a false statement. 

(1) Backqround Investiqations: Each applicant for Commission membership, primary management official and key employee shall provide 

all of the following information. In addition, the Commission shall 

ensure that an investigation is conducted as described under 

secti~n (k) below. 

(1) Full name, other names used (oral or written) including 

nicknames, social security number (s) , birth date, place of 

birth, citizenship, gender, all languages spoken or written. 

(2) All the following information currently for the previous 

5 years: business and employment positions held, ownership 

interests in those businesses, business and residence 

addresses, and drivers license numbers. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 13 
(3) Names and current addresses of three (3) personal ref - 

erences, including references acquainted with applicant during 

each period of residence listed under paragraph (2) above. 

(4) Current business and residence telephone numbers 

(5) A description of any existing and previous business 

relationships with Indian Tribes, including ownership 

interests in those businesses. 

(6) A description of any existing and previous business 

relationships with the gaming industry in general, including 

ownership interests in those businesses. 

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

agency where the applicant has filed an application for a 

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

or permit was granted. 

(8) 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. 

(9) For each felony where there is a conviction or an ongoing 

prosecution: charge, name and address of the court involved, 

and the date and disposition if any. 

(10) For each misdemeanor or infraction conviction or ongoing 

prosecution (except minor traffic violations) within the past 

five years: the name and address of the court involved, date 

and disposition if any. 

(11) For each criminal charge (except minor traffic charges) , whether or not convicted, if within the past five years and 

not otherwise listed: the charge, name and address of the 

court, date and disposition if any. 

(12) Current photograph, or photo identification. 

(13) Any other information the Commission may deem relevant. 

(14) Fingerprints consistent with procedures adopted by the 

Commission according to 25 C.F.R. § 522.2(h). 

(m) Eligibility Determination: The Chair of the Commission or his/ 

her delegate shall review prior activities, criminal records (if 

any), reputation, habits and associations of applicants to determine eligibility for appointment to the Commission and Director, 

and employment and licensure for key employee or primary management 

official positions. If the Chair or his/her delegate determines 

that appointment, employment or licensure of the individual would 

pose a threat to the tribal interest or the effective regulation of 

gaming, or would create or enhance the danger of unsuitable, unConfederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 14 
fair, or illegal practices or activities, the ~ribe shall not 

appoint, employ, or license the individual. 

(n) Procedures for Forwardins Agwlications and Reworts for Key 

Employee and Primarv Manaqement Official to NIGC: Employees hired 

for key employee or primary management officer positions shall remain on probation until the background investigation is completed 

regardless of the time involved. 

(1) When the decision to hire a key employee or primary 

management official is made, the Commission shall begin the 

background investigation, and forward to NIGC copies of the 

individuals' application. 

(2) The Commission shall ensure completion of the background 

investigation within 60 days, and shall forward the report to 

NIGC . 

(3) Any person employed as a key employee or primary management official must provide proof of a license upon demand by 

the Commission, or by the state if the person is engaged in 

Class I11 activity. 

(4) Upon the firing of a key employee or primary management 

official, the Commission shall notify the NIGC and shall 

submit copies of the reasons for termination to NIGC which 

shall be included in the Indian Gaming Individuals Records 

System (IGIRS) . 

(5) Applications for employment and reports shall be held for 

a period of not less than 3 years from the date of termination, and shall be made available for inspection by the 

Chairman of the NIGC or his/her designee. 

(0) Investigative Report to NIGC: 

(1) Pursuant to the procedures set out in section (1) of this 

section, the Tribe shall prepare and forward to the NIGC an 

investigative report on each background investigation. A 

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 section (k) of this 

section. 

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

(A) Shall notify the NIGC; and 

(B) May forward copies of its eligibility determination 

and investigative report (if any) to the NIGC for 

inclusion in the IGIRS. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 15 
(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 NIGC or his/her designee for no 

less than three (3) years from the date of termination of 

employment. 

(p) Drus Testing: Each Commission Member, primary management official and key employee, upon selection or hire, shall undergo 

urinalysis to test for drug use. 

(q) Grantins of Gamins License: 

(1) If, within 30 days after NIGC receives a report, NIGC 

notifies the Tribe that it has no objection to the issuance of 

a license, the Commission may issue a license to the 

applicant. 

(2) The Commission shall respond to requests for information 

from the Chair concerning key employees or primary management 

officials who are the subject of a report. The request shall 

suspend the 30 day period until the Chair receives the information requested. 

(3) If, within the 30-day period, NIGC provides the Tribe 

with a statement of objection, the Commission shall reconsider 

the application. The Commission shall make a final decision 

after considering the objections of the NIGC. 

(r) Cor~oration Duties: SMDC shall be responsible for ensuring 

sound development and management of all Class I1 and Class I11 

gaming activities carried out under this Ordinance. The 

Corporations duties shall include: 

(1) Selecting management companies and firms; 

(2) Assuring that management of Class I1 and Class I11 gaming 

is done in a businesslike manner; 

(3) Assuring that management of Class I1 and Class I11 gaming 

is done in accordance with the applicable contracts with the 

Corporation; and 

(4) Assuring that drop is transported by a reputable armored 

car service. 

(s) Contract Execution: 

(1) SMDC is authorized to execute a contract for management 

of a gaming facility only if the contract provides for: 

(A) Strict accounting procedures and verifiable financial reports that are prepared for the Council on a 

monthly basis; and 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 16 
(B) Access to the daily operations of the gaming facility to appropriate tribal and state officials who shall 

also have a right to verify the daily gross revenues and 

income from the tribal gaming activity; and 

(C) A minimum guaranteed payment to the Tribe that has 

preference over the retirement of development and 

construction costs; and 

(D) A contract term not to exceed five years. With 

Council approval, SMDC may authorize a contract term that 

exceeds five years but does not exceed seven years if the 

Corporation is satisfied that the capital investment 

required, and the income projections for the particular 

gaming activity require the additional time; and 

(E) Grounds and mechanisms for terminating such contract, but actual contract termination shall not require 

Council approval; and 

(F) Preference to qualified Tribal members and secondary 

preference for their qualified spouses in hiring of 

employees for the gaming establishment; and 

(G) Payment of Commission expenses as part of net 

revenues of the gaming facility. 

(2) The Commission shall have the authority after notice and 

hearing to require appropriate contract modifications or to 

void any contract if it subsequently determines that the 

Contractor has knowingly permitted the violation of any 

provision of section (v) or (w) . 

(3) No management contract for the operation of a gaming act - 

ivity regulated by this Ordinance shall transfer or, in any 

other manner convey, any interest in land or other real 

property. 

(4) The Commission shall require a potential contractor to 

pay a fee to cover the cost of the investigation necessary to 

reach a determination required in Section (k) of this 

Ordinance. 

(t) Manasement Fees: Management fees shall be a percentage (%) of 

net revenue no higher than 20%, unless capital investment and income projections justify an additional percent. Such additional 

percentage shall be no higher that 15%. 

(u) Licensing of Gaminq: 

(1) The Commission is hereby authorized to issue all licenses 

for the conduct of Class I1 and Class I11 gaming activities. 

(2) The Commission shall ensure that: 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 17 
(A) Such gaming activity is located on Indian lands 

within the Tribe1 s jurisdiction, and the State of Oregon 

permits such gaming for any purpose by any person, organization or entity (and such gaming is not otherwise specifically prohibited on Indian lands by Federal laws); 

(B) The Tribe will have the sole propriety interest and 

responsibility for the conduct of such gaming activity; 

(C) Net revenues from such Gaming Activity are used in 

accordance with Section (f) of this Ordinance; 

(Dl Such gaming activity is subject to annual outside 

audits, which may be encompassed within existing independent tribal audit systems, and provide to the Council ; 

(E) All contracts for supplies, services, or concessions 

for an aggregate amount in excess of $10,000 annually 

relating to such gaming are also subject to independent 

audits; 

(F) The construction and maintenance of the gaming facility, and the operation of that gaming is conducted in 

a manner which adequately protects the environment and 

the public health and safety; and 

(G) All primary management officials and key employees 

of the Class I1 gaming operation have successfully passed 

a background investigation which is approved by the Tribe 

and the NIGC. 

(3) The Commission shall authorize Class I Gaming-Activity to 

be played on Indian lands that are within the jurisdiction of 

the Tribe upon reasonable request. 

(4) The Commission shall consult with appropriate law enforcement officials concerning any gaming licenses it may issue. If, after issuance of a gaming license, the Commission 

receives reliable information from the NIGC, the State Police 

or any other source that a primary management official or key 

employee does not meet the standard established under Section 

(k) of this Ordinance, the Commission shall suspend such 

license and, after notice and hearing, may revoke such 

license. 

(5) The Commission shall set a fee for applications, background investigations, and licenses. All such fees shall be 

made payable to the Confederated Tribes of the Grand Ronde 

Community of Oregon and delivered to the Tribal Accounting 

Department. 

(6) An applicant for licensing shall make true and full 

disclosure of all information to the Director and the 

Commission. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 18 
(v) License Locations: The Commission shall issue a separate license to each gaming establishment or location on Indian land where 

Class I1 or I11 gaming is conducted under the provisions of this 

Ordinance. 

(w) Prohibition Asainst Certain Individuals: It shall be a violation of this Ordinance for any licensee to knowingly fail to 

exclude or eject from the gaming facility any individual who: 

(1) Is under the influence of liquor or any narcotic or such 

other substance; 

(2) Is under the age of eighteen years of age; 

(3) Engages in disorderly conduct; or 

(4) Is armed and not engaged in legitimate law enforcement 

activity. 

(x) Unlawful Acts: 

(1) It is unlawful for any person: 

(A) To alter or misrepresent the outcome of a game or 

other event on which wagers have been made after the outcome is sure but before it is revealed to the players; 

(B) To place, increase or decrease a bet or to determine 

the course of play after acquiring knowledge, not available to all players, of the outcome of the game or that 

is the subject of the bet or wager; 

(C) To aid anyone in acquiring knowledge as set forth in 

subparagraph (B), for.the purposes of increasing or decreasing a bet or wager, or for the purpose of determining the course of play contingent upon that event or 

outcome; 

(D) To claim, collect or take, or attempt to claim, collect or take, money or anything of value in or from a 

gambling game with intent to defraud, without having made 

a wager contingent thereon, or to claim, collect or take 

an amount greater than the amount won; 

(E) Knowingly entice or induce another to go to any 

place where a game is being conducted or operated in violation of the provisions of the chapter, with the intent 

that the other person play or participate in the game; 

(F) To place or increase a bet or wager after acquiring 

knowledge of the outcome of the game or event which is 

the subject of the bet or wager, including past-posting 

and pressing bets; 

(GI To reduce the amount wagered or cancel the bet after 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 19 
acquiring knowledge of the outcome of the game or other 

event which is the subject of the bet or wager, including 

pinching bets; 

(H) To manipulate with intent to cheat, any component of 

a gambling device in a manner contrary to the designed 

and normal operational purpose for the component, with 

knowledge that the manipulation affects the outcome of 

the game or with knowledge of any event that affects the 

outcome of the game; 

(I) Except as specifically permitted by the Director, 

with approval of the Commission, to possess with the intent to use, or use at any table game, any calculator, 

computer, or other electronic, electrical, or mechanical 

device to assist in projecting an outcome at any table 

game, to keep track of or analyze the cards having been 

dealt, to change probabilities of any table game or the 

playing strategies to be utilized; 

(J) To trespass upon any premises licensed by this 

Ordinance without the consent of the licensee and/or the 

Commission; or 

(K) To take anything of value from a gaming facility 

without authorization. 

(2) Any person who engages in activities on property subject 

to this Ordinance without a license, in violation of a license 

or terms imposed thereon, in violation of any regulation, provision, or amendment of this Ordinance shall be in violation 

of the Ordinance. 

(3) No fine shall be assessed nor any action taken for any 

violation under this section unless a charge is filed in 

proper form with the Commission or Tribal Court, within one 

year of the commission of the offense. 

(4) Council Members, Commissioners, Corporate Board Members, 

the Director and their immediate families shall receive no 

personal compensation, gift, reimbursement or payment of any 

kind from any person doing or wishing to do business with the 

Tribe relating to gaming nor from any person wishing to obtain 

an unfair advantage in any authorized wager on gaming. Any 

property received in violation of this provision, including 

cash payments, shall be immediately forfeited to the Tribe and 

the offending persons shall be prosecuted to the full extent 

possible under tribal law for accepting a bribe. The Commission shall cooperate to the fullest extent possible with any 

Federal or State law enforcement agency to pursue prosecution 

under applicable Federal or State law. 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 20 
(y) License Suspension: 

(1) If, after issuing a license, the Director receives reliable information that a key employee or primary management of - 

ficial is not eligible for employment, or has violated this 

Ordinance or Tribal Health and Safety Codes, the Director 

shall suspend the license and notify the licensee and the Commission in writing of the suspension and proposed revocation. 

(2) The notice to the licensee shall include the time and 

place for a hearing on the revocation. The date for hearing 

shall be no later that ten days from the date of the notice, 

provided, however, that the Director may extend the time at 

the request of the licensee. 

(3) After the hearing, the Director shall issue a certification of facts and decide whether to revoke or reinstate the 

license. The Director shall notify NIGC of the decision. 

(1) Should an applicant or licensee disagree with a decision 

of the Director, she/he shall file an appeal with the 

Commission within ten (10) days. The Commission shall hold a 

hearing to review its decision within twenty (20) working days 

from the date an applicant or licensee files their 

disagreement with the Commission. An extension of up to 

twenty (20) days may be granted at the request of licensee. 

The burden shall be on the licensee or applicant to prove that 

the Director's decision was incorrect. 

(2) Following such hearing, the Commission shall, within 

seven (7) days, reach a determination concerning: 

(A) The accuracy of the certification of facts, 

(B) Whether the license in question should be granted, 

continued, suspended, revoked, conditioned, or limited, 

and 

(C) Whether or not any other action recommended to the 

Commission including, but not limited to, forfeitures, 

should be taken. 

The Commission's determination shall be in writing with 

kindings of fact and, if applicable, conclusions of law 

clearly stated. 

(3) Any party aggrieved by a decision of the Commission has 

the right to appeal the determination of the Commission to the 

Tribal Court but only on grounds of violation of Tribal 

Constitutional or Civil rights. Such appeal must be filed with 

the Court in writing on or before the fourteenth day following 

receipt of the written determination of the Commission. A 

determination by the Court of such appeal shall be final and 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 21 
no further appeal may be had. The Court shall review, on the 

record, the determination of the Commission. The Court's 

action shall be final and no further appeals may be had. 

(aa) Effective Date: Upon approval of the Ordinance by NIGC, the 

Ordinance will be effective on the date adopted by the Council, 

provided, the effective date of any provision regarding Class I11 

Gaming shall be the date of approval by the Secretary of the Class 

I11 Gaming Compact between the Tribe and the State of Oregon. 

I certify that this is a true copy of the Confederated Tribes of 

the Grand Ronde Community of Oregon Gaming Ordinance. 

Ed Larsen, Secretary 

Confederated Tribes of Grand Ronde 

Gaming Ordinance 

Page 22 
NOW THEREFORE BE IT RESOLVED that the Tribal Council hereby 

approves the above amendments, in addition to certain other changes 

that are only clarifying in nature; 

BE IT FURTHER RESOLVED that the Tribal Council requests the 

National Indian Gaming Commission to promptly review the amended 

Gaming Ordinance and advise the Council whether any approval may be 

needed; 

CERTIFICATION: The Tribal Council for the Confederated Tribes of 

the Grand Ronde Community of Oregon adopted this resolution at a 

regularly scheduled meeting, with a quorum present as required by 

the Grand Ronde Constitution held on January 4, 1995, 1994, by a 

vote of 8 yes, 0 no, and 0 abstentions. 

Mark Mercier, Tribal Chairman 

Ed Larsen, Secretary