JUN 2 1 1994 

Leon Campbell, Tribal Chairman 

Iowa Tribe of Kansas and Nebraska 

Route 1 

Box 58A 

White Cloud, Kansas 66094 

Dear Chairman Campbell: 

This letter responds to your request to review and approve the 

class I1 tribal gaming ordinance adopted by the Iowa Tribe of 

Kansas and Nebraska (the Tribe) on December 29, 1993. 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. Such approval 

does not constitute approval of specific games. Also, the.gaming 

ordinance is approved for gaming only on Indian lands as defined 

in the IGRA. 

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

gaming ordinance, the Tribe must still submit the description of 

procedures for conducting background investigations on key 

employees and primary management officials as discussed with the 

NIGC staff. r 

with the chairman's approval of the Tribe's gasing ordinance, the 

Tribe is now required to conduct background investigations on its 

key e&ployees and primary management officials . The NIGC expects 

lto receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. S 55.6.5(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). 

1850 M STREET. N.W. SUITE 250 WASHINGTON. DC 20036 TEL 202-632-7003 FAX: 202-632-7066 
Thank you for submitting the ordinance of the Iowa Tribe of 

Kansas and Nebraska for review and approval. The NIGC staff and 

I look forward to working with you and the ~ribe in implementing 

the IGRA. 

Sincerely yours, 

Anthony J. Hope 

Chairman 

cc: Stephen D. McGiffert, Esq. 

McDowell, Rice & Smith 

Forty Executive Hills 

7101 College. Blvd., Suite 200 

Overland Park, Kansas 66210-1891 
SENT BY:Over land Park, R" : 6-15-84 : 15:52 ; McDOWELL, RICE&SMITH 2026327066;t 2 

"788 IOM 93-R-34 

IOWA TRIBE 01 MlYSAB AUD HEBRAERA 

BxwmrIvE cOIQ(1TTEE 

DBCEMBBR 29, 1993 

The Iowa Executive Comlttae being duly organlzmd 

met In RqUlaZ Iesoion thls 29th day of December, 

1993, and, 

The Iowa Executlva Committee has authorlty to act 

for the Iowa Trlbe under the present Constitutional authorlty as provided in Bec. 2, Artlcle IV - 

Governing Bodles, and, 

The Iowa Trlbe of Kansao and Nebramka belng 

organized and empowrred by thelr Constitution and 

Bylaws, (approved November 6, 1978), and, 

According to Article V, Bectlon 1, h., of the Iowa 

Conatltutlon and Bylaws, The Exmcutive Committee 

of the Iowa Trlbe of Kannae and Nebramka is 

empowered by the Trlbe'e Conmtltutlon to enact 

ord lnancee, and, 

-, 1 Class I1 Gaming as defined in the Indlan Oamlng Regulatory act, P.L. 100-447,25 U.8.C. sectlon 

2703 (7) (A) (I11QRAn) and by the trgulatlons 

promulgated by the National Indian Oamlng I Conunlcslon (ms publlsheb in the Federal Register 

1 at 57 FR 12382-12393, Aprll 9, 1992) is hereby 

authorized, and, 

The Executive Commlttee doe6 hereby enact thls 

Lows Tribe of Kansae and Nmbraaka Clres I1 aamlng 

Ordinance by thls Resolution, and further within 

sald ordinance does hereby establlsh thm 

guidollnes, proceduree bnd eliglbillty requirements for Class I1 Oamlng personnel, 

; Bee Attaahsent, and, 

now TWRIWORIS iBP IT RB~SOLVED, that the Iowa Trlbr of Kansas and 

Nebraeka does hereby adopt and lnaorporate into 

thls ordinance the mllglblllty tequlrements, as 

lappllcable, for Class 11 Oamlng personnel, and, 

BE IT BURTHBB RSBOLV~D, that the foregoing Resolutlon and 

Ordinance la hereby adopted thie date, December 

29, 1993. 
SENT 0Y:Overland Park, " ; 6-1 5-04 : 15: 53 ; McDOWELLo RICE&SMITH 

REBOLUTIOU 93 4,.,-1 

PAaR 2 I . . 

The foregoingReaolution was duly adopted thin date, December 29, 

1993, In a Regular Seerlon of the Exocutivm Committee, at which 

&member8 of the Exeautive Committee wore prement, 

conrtltuting a quorum, by a vote of for, 2 agalnat. Chalzrnan abstained. 

Iowa bwotive Coaelttea 

-. ,---- 

1owi Execut iva conaittke 
IOWR TRIBRL OFFICE Tn : 913-595-3258 

b > 

h 

MRR 1p.94 15:21 NO.005 P.02 

/ ,\'I 'I ,\C:ii>lLX'; 

RFSOL!~'IION 9 1-11- 34 

CLASS II GAMING ORDINANCE 

THE IOWA TRIBE OF KANSAS AND NEBRASKA 

The Executive Committee of the Iowa Tribc of Kansas and Nebraska (hcrcinaftcr 

'Tribe'?, cmpuwcrcd by thc Tribe's Consritution to enact orclinirnces, hereby enacrs this 

ordinance in order to set the terms for class II gaming operatiuns on tribal lands. 

Class I1 gaming nu dcfincd in the Indian Gaming Regulatory Act, P.L. 100-347, 25 

U.S.C. Secrlon 2703(7)(A) ("IGRA") and by the regulations promulgated by the National 

Indian Gaming Commission at 3 C.F.R. 9 502.3 (as published in the Federal Register at 

57 FR 12382-12393, April 9, 1992) is hereby authorized. 

The Tribe shall have the sole propriety interest in and responsibility for the 

conduct of any gaming operation authorized by this ordinance. 

TV. Use of Gaminn Revenue. 

A, Net revenues from class I1 gaming shall be used only for the following 

purposes: to fund tnbal government operations and programs: provide for the general 

welfare of d~e Tribe and its members; promote rribal economic development; donate to 

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

B. If the Tnbe elecls to make per capita papens to tribal members, it shall 

authorize such payments only upon approval of a plan submitted to the Secretary of the 

Lnterior under 25 U.S.C 5 2710(b)(3). 

A. The Tribe shall cause tu be conducted annwlly an independent audit of 

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

Gaming Commission. 
IOWQ TRIBQL OFFICE '":913-595-3258 MAR 1-94 15:21 No.005 P.03 

B. &I gaming rclnted contracts that result in the purchase of supplies, 

services, or conccssionc in excew of S25,U00.00 nnnually, cxccpt contracts for prufcssianal 

legal and accounting sc~ccs, shall bc specifically included wlthln the scope of the audit 

that is described in suhsec!ion A above. 

VI. the Envirw Public Health md Safety. 

Class I1 gaming facilities shall bc consrmed, maintained and operated in a manner 

rhar adequately protects the environment and the public health and safety. 

VII. Licenses for Kq E&ecs and Manapement CWciat. 

The Tribe shall envure that the plicics and procedures set our in (his secrion are 

implcmcntcd with rcspccx to key employees and prfrnary management officials employed 

ar any class I1 gaming enterprise operated on Indian lands: 

For the purposes uf thjs scction, rhe following definltlons apply: 

1. J(ev emnlovee means 

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

functions: 

Bingo caller; 

Counting room supervisor; 

Chief of security; 

Custodian of gaming supplics or cash; 

Floor manager; 

Pit boss; 

Dealer; 

Croupier; 

Approver of credit; or 

Custudian of garnbllng devices including persons with 

access to cash and accounting records within such 

devices; 

(b) If not otheMisc includcd, any other person whose total cash 

cornpensarton is in excess of $50,000 per year; or 

(c) If not otherwise included, the four most higbly compensated 

persons in the gaming operation. 
IOWR TRIBAL OFFICE 

(u) The person having mnnagcmcnt responsibility for a 

manngcmcnr contract; 

(b) Any person who has authority: 

(1) To hire and fire employees; or 

(2) To set up woriung policy for the gdming operation; or 

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

management responsibility. 

1. The following notice shall be placed on the application form for a 

key employee or a prinlary manayrment ufficial before that form is filled out by an 

applicant: 

In compliance with the Privacy Act of 1974, the followng infonnation 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. Thc infonnation will bt uscd by Narional Indian Gaming 

Comrnissfon members and staff whu 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 pursuunt to a rcquircmcnt by a tribc 

or the National Indian Citlming Co~ssfon 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 

operarion. Failure to consent to the disclosures indicated in this notice will 

result in a tribe's being unable to hire you in a primary rnnnagcmcnt official 

or key employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. 

However, failure to supply a SSN may rewlt in errors in processing your 

application. 

2. Existing key employees and primary management officials shall be 

notified in writing that they shaII either: 
IOWq TRIBRL OFFICE 70:913-595-3258 

.. 

(a) Corupictc u ncw npj~licatiot~ form that contains a Privacy Act 

notice; or 

(b) Sign 3 statement thnt contains the Privncy Act notice and 

consent to the routine uses descnlcd in that notice. 

3. The: following notice shall be placed on the applicstion form for a 

key employce or a primary official before that form is filled our by an applicanr. 

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

hiring you, or for firing you i~ftcr you begin work. Also, you may be 

punished by flne or irnprisunrncnt. (US. 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 n new oppliwtion form that contains a notice 

regarding false starcment; ur 

(b) sib^ a statement that contains the notice regirding false 

statements. 

I. The Tribe shall request from each primary management offfcial and 

from each key employee all of the following information: 

(a) Full namc, othcr names used (oral or written), social security 

number(s), binh date, place of birth, citizenship, gender, all 

languages (spoken or written); 

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

cmploymtnt position3 held, ownership interests in those 

businesses, busfness 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 thc applicant during each period of reridencc 

listed under paragraph l.(b) of this section; 

(d) Current business and residence telephone numbers; 
IOWA TRIBAL OFFICE MAR ln'94 15:23 No.005 P.06 

(e) A descr~ption of any existing and previous business 

relarionships with Indian tribes, including ownership interests 

in those businesses; 

(f) A description of any existing and previous business 

relationships wtth the gaming industry generally, including 

ownership interests in :hose businesses; 

(g) The name and address of any licensing or regulatory agency 

with which the pcrson has filcd an application for a license or 

pemlt related ro gaming, whether or not such license or 

permit was granted; 

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

a conviction, the charge, the name and address of the court 

involved, and the datc and disposition if any; 

(i) Fnr each misdemeanor conviction or ongoing misdemeanor 

prosecurion (excluding minor traffic violations), within 10 

years of the date of the application, the name and address of 

the mun involved und the dntc and dlposition; 

Cj) For each criminal chiirse (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 l.(h) or l.(i) of this 

scction, thc cn'minal charge, the name and address of thc 

mun involved and the date and disposition; 

(k) The name and address of any licensing or replatory agency 

with which the person has filed an application for an 

occupational license or permit, whcthcr or not such Liccnsc or 

permlt was granted; 

(I) A current photograph; 

(m) Any other information the Tribe deems rclcvant; and 

(n) Fingerprints consistent with procedures adopted by the Tribe 

according to 25 C.F.R. 522.2(h). 
IOUQ TRIBRL OFFICE 1~13-595-3258 

2. The Tribe shall cunducr an investigation sufficient to make a 

determination under subsection D. below. In conducting a background inveetigation. the 

Tribe or it* agcnt shall promlsc to kccp confidential thc idcnfiry of each pcrsvn 

interviewed in the course of the investigation. 

Thc 'Tribe shall rcvicw a pcrson's prior activities, criminal rccord, if any, and 

reputation, habits and associu:ions to make a flndlng concerning :he elfgfbtlly of a key 

employee or primary management official for employment in a gaming operation. If rhe 

Triie determines :nat employment of the person poses a threat to the public interest or 

to the effective replalion of gaming, or creates or enhances dangers of unsuitable, 

unfeir, or ille~al practiceti and methods and activities in the conduct of gaming, e tribal 

gaming operation shall nut crnploy that person in a key employee or primary 

management official position. 

E. Procedures for Forwordina Au~lications and Rcnons for Kev Ern~lovees 

and Ptimaav Manuaernent Officials to the National Indian Garninq 

Commissiog. 

1. When a key employee or primary management official beyins work 

at a gaming operation authorized by this ordinance. the Tribe shall forward to the 

National indian Gaming Commission a complete application for employment and conduct 

the background investigation and make the determination referred to in subsection D, of 

this section, 

2. The Tnh shall fonvard 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 Cummission. 

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. Pe~prt to the National Indim Gamine Commission. 

1. Pursuant to the procedures set our in subsection E of this section, 

the Tribe shall prepare and forward to the National Indian Gaming Commission an 

investigate report on each background investigation. An investigative repon shall include 

all of the following: 

(a) Steps taken in conducting a background investigation. 

(b) Results obtained: 
IOWG TRIBRL OFFICE ID:913-595-3258 MQR 10'90 15:20 No.005 P.08 

(c) Conclusions reached; and 

(d) The bases for those conclusions. 

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

detenninetion made under subsection D of this scction. 

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

(a) Shall noti& the National Indian Caming Commission; and, 

(b) May fonvard copies of fa eligibility determination and 

investigative report (if any) to the National Indian Gaming 

Commission for inclusion in the Indian Gaming Individuals 

Records System. 

4. With rcspcct to kcy crnployccs and primary management officials, 

rhe Tribe shall retain applfatiuns for emplo,vment 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. 

0. Qrantfna a Gamlnn License, 

1. It within a thiq (30) day period after the National fndian Gaming 

Commission receives a report, the National Indian Gaming Commission notifies the 

Tnbe that it has no objection to the issuance of a license pursuant to a license 

application mcd by a kcy cmployet or a primary management official for whom the 

Tribe has provided an appljmtfon 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 

thc Chainnan of thc National Indian Gaming Commission concerning a key employee or 

a primary management omcia1 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 dcscnbcd above, the National 

Indian aaming 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 makc thc final decision whcthcr to issue a license ro such applicant. 
IGWA TRIBAL OFFICE 2- 

.' ' 

MAR 4 15:24 No.005 

1. If, aher the iseuonco of rr gaming liccnsc, thc Tribe receives fi~m t 

National Indian aarning Commission reliable information indicating that a key empioyc 

or a primary management official is nor eligible for employment under subsection D. 

above, the Tribc shall suspend such license and shall notlfy in writing the licensee of th~ 

suspension and the propwed revocation. 

2 Thc 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 gamin8 license. The Tribe shad notlfy the National Indian Gaming 

Commission of iw decision. 

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

Indian lands where class 11 gaming is conducted undcr this ordinance 

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

ordinances arc hareby repealed