Aug-02-99 07:37A

Mewotemuay

warranted ty the Commission.

6. Committees. The Tribal Gaming Commission may from time to time establish
committees of Commissioners having such responsibilities as the Commission may determine,

provided that the Commission shall not delegate its powers or duties to any committee,
Commissioner, employee or agent.

7. Commissioners’ Fees and Expenses. At rates set by the Tribal Gaming Commission
in line with generally prevailing rates for service on Tribal commissions or boards, a fee shall
be paid and out-of-pocket expenses shall be reimbursed to the Commissioners for in-person
participation at Commission meetings or other functions or activities of or on behalf of the
Commission (including travel time on the same day to off-Reservation sites). Such fees and
expenses shall not be paid, however, to any Commissioner who is receiving compensation for the
time spent or expense reimbursement as a member of the Tribal Council or as
an employee of or contractor to the Tribal Gaming Commission or the Tribe.

8. Deposit of Funds. Until remitted to the Tribal Treasurer, all funds of the Tribal
Gaming Commission not otherwise invested or employed shall be deposited in interest-bearing

bank or investment accounts. Each account shall be in the name of the Tribal Gaming
Commissicn.

9. Checks, Etc. All checks, drafts, other orders for payment of money, notes or other
evidences or indebtedness, and securities or other valuable instruments, issued in the name of or
payable to the Tribal Gaming Commission, shall be signed or endorsed on behalf of the
Commission by the Chairperson or Gaming Manager, provided the Commission may adopt more
stringent signing or endorsement procedures.

10. Contracts. When authorized by the Tribal Gaming Commission. the Chairperson or
Gaming Manager may, in the name and on behalf of the Commission. enter into contacts or

execute and deliver other legal instruments. Such authorization may be general or confined to
specific transactions.

11. Insurance. The Tribal Gaming Commission shall procure and maintain fire, theft
and casuaity insurance on valuable Tribal property involved in Class II or Class III Gaming
Operations on the Reservation, general liability insurance, and other appropriate insurance, in such
amounts and with such deductibles as the Commission determines prudent in light of the costs
thereof and funds available to pay such costs.

12. Fiseal Year. The fiscal year of the Tribal Gaming Commission shall be the same
as the fiscal year of the Tribe.

13. Books and Records. The Tribal Gaming Commission shall assure that all finencial
books and records, minutes. and other material books. records, documents, correspondence and
contracts of the Commission. are competently and securely maintained at the headquarters of the
Commission. All such materials shall be made available at any reasonable time for inspection

“lle


Aug-02-99 07:33A

eed ns

CHAPTER 3: AUTHORIZATION OF TRIBAL GAMING

SECTION 201. Tribal Gaming Authorized. The Tribal Council hereby authorizes one or
more Tribally-owned Gaming Operations on the Reservation to offer all forms of Class II aad
Class IIT Gaming which are lawful, or which may become lawful, under Applicable Law.

SECTION 302. Tribe to Be Sole Gaming Proprietor. The Tribe, rather than individual Tribal
members or others within the jurisdiction of the Tribe, shall have the sole proprietary interest in
and responsibility for the conduct of any Class II or Class II] Gaming Operation on the
Reservation. This provision shall not preclude the Tribe from entering into a lawful Management
Contract under 25 U.S.C. § 2711 in connection with such a Tribally-owned Gaming Operation.

SECTION 303. Separate License for Each Location. The Tribal Gaming Commission shall

issue a separate license to each Class II or Class III Gaming Operation allowed to operate on
the Reservation.

SECTION 304. Negotiation of Compact Authorized. The Tribal Gaming Commission is
authorized to negotiate with the State for the renewal, extension, amendment, replacement, or
establishment of any Compact with the State, provided that any Compact, or renewal, extension
or amendment thereof, must be specifically approved by the Tribal Council.

SECTION 305. Compliance with Law; Incorporation of Compact.

1. Applicable Law. All Class II and Class III Gaming Operations on the Reservation
shail be conducted in accordance with all Applicable Law. This Ordinance (which is part of
Applicable Law) shall be construed in a manner which conforms to all other Applicable Law.

2. Incorporation of Compact. The terms of the Compact are hereby incorporated into
this Ordinance. In the event of any inconsistency between any provisions of the Compact and
this Ordinance, the Compact shall govern.

CHAPTER 4: TRIBAL GAMING COMMISSION

SECTION 401. Tribal Commission Established. The Tribal Council hereby establishes a
Tribal governmental agency to be known as the Northern Cheyenne Gaming Commission, which

shall be responsible for the successful, sate, lawful, and honest operation of Class II and Class
III Gaming Operations on the Reservation.

SECTION 402. Structure of Tribal Commission.

1, Number and Appointment. The Tribal Gaming Commission shall consist of five
Commissioners. Each Commissioner snall be appointed by the Tribal President with the
concurrence of the Tribal Cuuncil. The Tribal President and Tribal Vice-President shall be ex
officio. non-voting members of the Tribal Gaming Commission.


Aug-02-99 07:44A

eee

SECTION 503. Deposit of Receipts. The Tribal Gaming Commission and Gaming Manager
shall assure that:

1. Daily. All revenues from Class II and Class III Gaming Operations on the Reservation
are deposited on a daily basis in interest-bearing bank or investment accounts in the name of the
Tribal Gaming Commission or the Tribe, and that a daily report itemizing each such deposit is

provided to the Tribal Treasurer and, on written request. to the Tribal Council or the Tribal
President.

2. Weekly. No less frequently than weekly, all sums in such accounts, less amounts
withheld to cover reasonable immediate cash needs, are paid to the Tribal Treasurer who shall

eredit and apply such funds in accordance with the allocations made under section 501.1 and
301.2.

SECTION 504. Quarterly Reports to Council. Promptly after the end of each quarter of the
fiscal year, the Chairperson, Gaming Manager, and Tribal Treasurer shall jointly prepare a written
report on Class II and Class III Gaming Operations and present it to the Tribal Council ana the
Tribal President. Without limitation, each report shall provide the following information for
the quarter and fiscal year to-date in reasonable detail and with accompanying explanations:

- Net Revenues
- Operating Costs

- Capital Costs

- sums deposited in and current balance of Operating Costs Reserve Account
- sums deposited in and current balance of Capital Costs Reserve Account
- any other information necessary to adequately describe the performance of

the Gaming Operations during the reporting period.

SECTION 505. Audits. Separate and apart from any audit of other Tribal operations, all Class
II and Class II] Gaming Operations on the Reservation shall be audited annually by an
independent certified public accountant as required under 25 CFR § 522.4(b)(3). Copies of the
annual audit shall be provided to the Tribal Council, the Tribal President, and each
Commissioner. All gaming-related contracts that result in purchase of supplies, services, or
concessions for $25,000 or more in any year shall be specifically included within the scope of
such audit. The audit shall include (without limitation) a profit and loss statement and an
inventory of all machines, devices, equipment. and fixtures involved in the Gaming Operations.
The audit shall be completed by July 30 of each year. The Tribal Gaming Commission or Tribal
Council may call for special audits at any time.


Aug-02-99 07:30A

NORTHERN CHEYENNE TRIBE

REVISED TRIBAL GAMING ORDINANCE

FINAL



Aug-02-99 07:38A

and copying by any Commissioner, and any duly authorized representative of the Tribal Presicent
or Tribal Councii. Upon terminating office or employment, a Commissioner, Gaming Manazer,
and employee and agent of the Tribal Gaming Commission shall turn over to his/her successor
or the Chairperson or Gaming Manager, in good order, all monies, books. records, minutes,
documents. contracts. or other property of the Commission in his/her custody or control.

SECTION 405. Powers and Duties of Gaming Manager. Subject to the supervisory authority
and direction of the Tribal Commission and its Chairperson, the Gaming Manager shall have the
following powers and duties with respect to Class II and Class II] Gaming Operations on the
Reservation, in addition to such other powers and duties as may be set forth in this Ordinance
or other Applicable Law, or assigned by the Tribal Gaming Commission or the Tribal Council:

1. Day-to-Day Management. The Gaming Manager shall manage the day-to-day
activities of the Gaming Operations, in a manner which assures that all aspects of such operations
comply with Applicable Law, including any necessary or appropriate coordination with the State,
the National Gaming Commission, or other government agencies.

2. Oversight. The Gaming Manager shall oversee the proper generation of revenues,
making of expenditures, and keeping of books and records of the Gaming Operations.

3. Licensing. The Gaming Manager shall conduct or arrange for background
investigations, and make recommendations to the Tribal Gaming Commission regarding its grant
or denial of any license.

4, Hire, Supervise and Fire. The Gaming Manager shall hire, supervise, train, and
discharge employees, at pay scales and other forms of compensation or benefits approved by the
Tribal Gaming Commission, provided that Primary Management Officials may be hired and
discharged only with the prior approval of the Commission.

5. Purchasing. The Gaming Manager shall purchase and sell personal property used or

to be used in the Gaming Operations. within specified limits approved by the Tribal Gaming
Commission.

6. Planning. The Gaming Manager shall assist with planning, budgeting, expansion. and
development of the Gaming Operations.

7. Reporting. The Gaming Manager shall report frequently to the Chairpersor and
regularly to the Tribal Commission with respect to all material aspects of the Gaming Operations:
and, as directed or otherwise required. report to the Council regarding the Gaming Operations.

8. Patron Disputes. The Gaming Manager shall attempt to resolve gaming patron

disputes. and shall remove or arrange for the removal of disruptive or disorderly persons from
Gaming Operation premises.

9. Hearings. If delegated the authority to do so by the Tribal Gaming Commission. the

“12


Aug-02-99 07:45A

otherwise listed pursuant to subsection 8 or 9 above, the crimninal 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 Tribal Gaming Commission or Tribal Council deems
relevant.

14, Fingerprints certified as adequate by a professional law enforcement agency. The
Tribal Gaming Commission shall arrange for the obtaining and processing of fingerprints through
the Bureau of Indian Affairs’ Police Department facilities at Lame Deer, Montana.

SECTION 606. Rules Regarding Background Investigations.

1. Confidentiality of Third Party Sources. The Tribe, the Tribal Gaming Commission,
and all affiliated agents and employees shall keep confidential the identity of each person
interviewed in the course of a background investigation.

2. Retention of Records. The Tribal Gaming Commission shall retain applications for
employment and reports (if any) of background investigations for at least 3 years from the later
of the date made or date of termination of employment. Such records shall be made available
on request of the Tribal Council or the National Gaming Commission.

3. Content of Investigative Report. Background investigations must be of sufficient
quality to enable the Tribal Gaming Commission to make a determination under section 607. All
relevant intormation submitted by the applicant should be verified by written or oral
communication and noted in the report. The investigation must include a thorough inquiry :nto
the applicant's prior activities, criminal record, if any, and reputation, habits and associations.
Tt must also include interviews with a sufficient number of knowledgeable people such as former
employers, personal references, and others referred to in order to provide a basis for the Tribal
Gaming Commission to make a finding concerning the eligibility for employment in a Gaming
Operation on the Reservation. The disposition of all potential problem areas noted and

disqualifying information obtained must be thoroughly documented. An investigative report shall
include:

a. a statement of all steps taken in conducting the background investigation:

b, a statement of the resuits obtained;

¢. a statement of the conclusions reached by the investigator: and

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-O7


Aug-02-99 07:43A

Vewems

of new Gaming Operations provided such expansion or
development has been approved by the Tribal Council as required
by section 403.16

b. Fund a Capital Costs Reserve Account as a reserve for the payment of future
Capital Costs.

c. Fund an Operating Costs Reserve Account as a reserve for the payment of
future operating costs of the Gaming Operations ("Operating Costs").

3. No Per Capitas. Under no circumstances shall any Net Revenues from Class II or
Class III Gaming Operations on the Reservation be used to fund per capita payments.

SECTION 502. Annual Budgets. Before the close of each fiscal year, the Tribal Gaming
Commission shall present to the Tribal Council for approval a proposed budget for Class II and
Class III Gaming Operations on the Reservation for the coming fiscal year. Without limitation.

the budget shall project the following for the coming fiscal year, with accompanying
explanations:

- Net Revenues
- Operating Costs
- Capital Costs

- gross amount to be available for youth, elderly, health and education
programs under section 501.1

- deposits in the Operating Costs Reserve Account and balance at end of
coming fiscal year

- deposits in the Capital Costs Reserve Account and balance at end of
coming fiscal year

- any other information necessary to enable the Council to understand and
analyze the proposed budget and approve a budget.

Once a budget is approved, the Tribal Gaming Commission and Gaming Manager shall
assure that it is followed to the fullest extent possible. The Commission may propose that the
Council approve modifications of the approved budget to accommodate changed or unanticipated
circumstances, or to otherwise make the budget realistic in light of actual and projected
performance of the Gaming Operations during the fiscal year, provided that the Commission may
increase eny line item in the approved budget by up to 10% without Tribal Council approval.
so long as the Commission makes compensating decreases in other line items.

wl4e


Aug-02-99 07:35A

evens

11, Establishment of List of Barred Persons. The Tribal Gaming Commission may
bar any person from working or gaming in a Class iI or Class II] Gaming Operation on the
Reservation if in the view of the Commission such person’s history, associations. reputation.
habits. or behavior poses a threat to the integrity of such gaming activities, or to the sate and
lawful operation of those activities. This list may be shared with other public or private agencies
under subsections 7 and 8 above.

12. Technical Standards. Consistent with Applicable Law, the Tribal Gaming
Commission may promulgate, review, and revise as necessary technical standards and rules for
each Class II and Class [II game of chance operated on the Reservation.

13. Penaities. The Tribal Gaming Commission may impose penalties for violations of
this Ordinance or the Compact in accordance with chapter 9 of this Ordinance.

14, Legal Remedies. The Tribal Gaming Commission may in its own name bring any
civil action or criminal complaint in the courts of the Tribe, a state, or the United States to
enforce the provisions of Applicable Law or to enjoin or otherwise prevent any violation of
Applicable Law. However, the Tribe, the Tribal Gaming Commission, and any of their respective
officials, agents, and representatives acting within their authority shall retain sovereign immunity
from suit in any court or tribunal, including immunity from counterclaims, except as expressly
provided otherwise in this Ordinance.

15. Emergency Action by Commissioners. If emergency action is required to protect
the public interest in the integrity of Class II or Class II] Gaming Operations on the Reservation,
or preserve the safe and lawful conduct of such operations, and there is insufficient time to
convene a meeting of the Tribal Gaming Commission, the Chairperson, or two Commissioners
acting in the absence of the Chairperson, may issue in the name of the Commission any order
which the Commission has the power to issue to any gaming employee, Management Contractor,
gaming patron, or other person within the jurisdiction of the Tribe, to take or refrain from any
action as may be required to protect such public interest or preserve such safe and lawful
operations. The Tribal Gaming Commission shall review such emergency order at its earliest
opportunity and confirm, modify or vacate it. An unreviewed emergency order shall lapse within
10 days, or a lesser period as specified in the order, and must so state.

16, Gaming Development. The Tribal Gaming Commission shall have primary
responsibility for procuring and developing proposals and plans for the expansion of existing
Gaming Operations and the establishment of new Gaming Operations on the Reservation,
provided that no such plan or proposal may be committed to or implemented without the prior
approval of the Tribal Council on such terms and conditions as the Council may stipulate. Upon

approval of such plan or proposal, the Tribal Gaming Commission shall oversee and report to the
Council on its execution.

SECTION 404. Tribal Commission Operations.
1. Quorum and Voting. Three Commissioners shall constitute a quorum. The

-9.


Aug-02-99 07:31A

CHAPTER 1: LEGISLATIVE FINDINGS AND PURPOSE

SECTION 101. Authority. The Northern Cheyenne Tribe is a sovereign, federally-recogn:zed
Indian tribe. The Northern Cheyenne Tribal Councii is authorized under Tribal law to
promulgate Tribal ordinances. This Ordinance is enacted on the basis of the Tribe’s inherent
sovereign powers, and the Indian Gaming Regulatory Act, Pub. L. 100-497, 25 U.S.C. §§ 2701
et seq. Upon approval of this Ordinance by the Chairman of the National Indian Gaming
Commission, this Ordinance shall supersede and replace Tribal Ordinance No. 13(93), which has
served as the Tribe’s Class iI and Class III gaming ordinance since its enactment on June 22,
1993, and subsequent approval by the Chairman of the National Indian Gaming Commission.

SECTION 102. Findings.

1. Self-determination. An explicit goal of federal Indian policy, as enunciated among
other places in the Indian Gaming Regulatory Act, is to promote tribal economic development,
self-sufficiency, and strong tribal government. The Tribe is deeply committed to these vaiues.

2. Economic Pressures. The Tribe needs additional revenues to assist it in meeting its
governmental responsibilities.

3. Gaming as an Economic Enterprise. Class II and Class II] Gaming are appropriate
subjects for a Tribal enterprise because:

a. Congress has found that Indian tribes have the right to regulate Class ii and
Class IIT Gaming activity on indian lands if the gaming activity is not specifically prohibited by
federal law and is conducted within a state which does not, as a matter of criminal law and
policy, prohibit such activity. 25 U.S.C. § 2701(5).

b. Congress has provided a statutory basis for the operation of Class {I and Class
Ill Gaming by Indian tribes as a means of promoting tribal economic development. self-
sufficiency, and strong tribal government. 25 U.S.C. § 2702(1).

ce, Montana law is not directly applicable on the Reservation, but federa: law
depends in part on certain policies underlying state gaming laws. Tribal gaming operations would
not conflict with federal law.

SECTION 103. Purpose. The purpose of this Ordinance is to provide for the sound reguiation
of all Class If and Class iI] Gaming activities within the Tribe’s jurisdiction, to prevent improper
or unlawful conduct in the course of such activitics, and to promote Tribal economic

development. self-sufficiency, and strong Tribal government. This Ordinance does not apply to
Class I Gaming.


Aug-02-99 07:49A

odes,

P.13

11. Behave in a threatening, disorderly, or disruptive manner or disturb the peace at a
Gaming Operation. :

12. Engage in gaming if under the age of 21, or assist, permit, or facilitate gaming by
such person.

SECTION 902. Penalties. Any person within the jurisdiction of the Tribe who violates this
Ordinance or other Applicable Law controlling Class I] or Class II] Gaming on the Reservation
shall be subject to civil penalties including: exclusion from employment or other involvement in
Gaming Operations on the Reservation; denial, suspension, or revocation of a Tribal gaming
license; exclusion from attendance at Gaming Operations on the Reservation; if a non-member
of the Tribe, exclusion from the Reservation; and/or a civil fine of not more than $5,000 for each
violation. The Tribal Gaming Commission shall have the jurisdiction to impose such civil
penalties, except that exclusion from the Reservation must be pursued in Tribal Court as provided
in the Tribal Law & Order Code, In addition, persons subject to the criminal jurisdiction of the
Tribe shall be subject to criminal prosecution in Tribal Court or other courts of competent
jurisdiction for offenses committed under Applicable Law.

* * * * *

-24.


Aug-02-99 07:47A

MC eeriemny

CHAPTER 7: LICENSES

SECTION 701. Licenses, All employees in a Class II or Class [I] Gaming Operation on the
Reservation shall be required to obtain a Tribal license as a gaming employee from the Tribal
Gaming Commission, and for that purpose the Commission shall conduct or cause to be
conducted background investigations of all such employees and shall deny or revoke such license
for any employee whose prior activities, criminal record, if any, or reputation, habits, and
associations pose a threat to the public interest or to the effective regulation of such gaming on

the Reservation, or create or enhance the dangers of unsuitable, unfair, or illegal practices and
methods and activities in the conduct of such gaming.

SECTION 702. Background Investigations. Before issuing a license to an employee in a Class
II or Class III Gaming Operation on the Reservation, the Tribal Gaming Commission shall
forward the results of any background investigation to the National Gaming Commission.

SECTION 703. Licensing Decision. If the Tribal Gaming Commission determines, on the basis
of a background investigation and such other information as it may obtain, that the applicant is
qualified for a gaming employee license, the Commission may, but shall not be required to issue
such license. The Commission, at its sole discretion, may impose any qualification for or

conditions on such license it deems appropriate, or may refuse to issue such license despite an
applicant’s qualifications.

SECTION 704. Work Permits. All persons who are not gaming employees but work at any
facility on the Reservation where authorized Class II or Class III Gaming occurs or is supervised
or administered, must obtain a non-gaming work permit from the Tribal Gaming Commission.
Such work permits shall be issued upon determining that the employee is not a threat to the
effective regulation of Class II and II] Gaming on the Reservation and creates no risk or enhances
no danger of unfair or illegal practices, methods or activities in the conduct of such gaming. All

applicants for work permits shall provide all information, if any, required of them in the
Compact.

SECTION 705. Licensing of Vendors, Etc. Any person or entity proposing to sell, lease, or
otherwise provide electronic games of chance, other gaming devices, or gaming services to for
a Class II or Class I] Gaming Operation on the Reservation must obtain a license to do so from
the Tribal Gaming Commission. The standards with respect to such licenses shail be the same
as those applicable to gaming employees, except that if applicant is a corporation, trust, or
partnership, applications must be made by any person or entity holding 10% or more of any
beneficial or legal interest in such entity.

CHAPTER 8: HEARINGS AND APPEALS

SECTION 801. Licensing Decisions. Any person whose application for a gaming-reiated
license required by this Ordinance is denied, or whose license has been suspended or revoked,
may obtain a hearing before the Tribal Gaming Commission by written request submitted within
15 days following receipt of notice of the action of the Commission. The Commission shall

21.

-10


Aug-02-99 07:30A

CHAPTER +: TRIBAL GAMING COMMISSION ......... 00s e eee eee eee eee ee
SECTION 401. Tribal Commission Established .
SECTION 402. Structure of Tribal Commission . . . .

Number and Appointment

Qualifications ............... 000-0 -00-

Term -- Current Commissioners

Term -- Future Commissioners

Removal and Replacement

Chairperson and Vice-Chairperson ....

Registered Agent

Gaming Manager .. 0.0... eee eee ee eee

SECTION 403. Powers and Duties of Tribal Commission
1. Oversight
2. Inspection
3. Protection of Public Health, Safety, and the Environment . .
4. Resolution of Complaints

5S. Investigations ..............

6.

7

8

er aypene

Background Investigations; Gaming Licenses .
Coordination with Other Agencies

. Coordination with Private Entities
9. Regulations ....
10, Compact... . cee cece ee teen terete eee eee
11. Establishment of List of Barred Persons .
12. Technical Standards
13. Penalties 2.0... cece cee eee
14. Legal Remedies . see avees
15. Emergency Action by Commissioners see
16. Gaming Development .............000405

SECTION 404. Tribal Commission Operations
1. Quorum and Voting

2. Recusal 6... ce eee ene 10
3. Chairperson ...... 10
4. Vice-Chairperson .. 10
5. Meetings; Removal for Non-Attendance ... 10
6. Committees .................-... 1
7. Commissioners’ Fees and Expenses iL
8. Deposit of Funds ...........

9. Checks, Etc.
10, Contracts
11. Insurance ..
12, Fiscal Year ....
13. Books and Records
SECTION 405. Powers and Duties of Gaming Manager ............ 500005 12
1. Day-to-Day Management 201... 0 ee eee ee ee 12

eons


Aug-02-99 07:30A

Maremmunt

TABLE OF CONTENTS
SECTION PAGE
CHAPTER 1: LEGISLATIVE FINDINGS AND PURPOSE ......-... sees eee eeee 1
SECTION 101. Authority .......... 0.000000 ee 1
SECTION 102. Findings ... 1
I. Self-determination ............... 1

3. Gaming as an Economic Enterprise
SECTION 103. Purpose

CHAPTER 2: GENERAL PROVISIONS

SECTION 201. Definitions

1, Applicable Law ..........

Chairperson; Vice-Chairperson

3. Class 1 Gaming

4, Class Il Gaming

5. Class III Gaming

6. Commissioner
7.
8
9.

Compact
Gaming Manager
Gaming Operation

1}. Key Employee... 2.0.0... 0c eee eee
12. Management Contract; Management Contractor
13. National Gaming Commission
14, Net Revenues
15, Ordinance ..............00.
16, Primary Management Official
17. Reservation
18. State ......
19, Tribal Council

20. Tribal Gaming Commission; Commission
21. Tribe

RPAH HRAHRAWWWWNNNNNNNNNN

CHAPTER 3: AUTHORIZATION OF TRIBAL GAMING
SECTION 301. Tribal Gaming Authorized
SECTION 302. Tribe to Be Sole Gaming Proprietor
SECTION 303. Separate License for Each Location
SECTION 304. Negotiation of Compact Authorized
SECTION 305. Compliance with Law; Incorporation of Compact

1. Applicable Law

2. Incorporation of Compact

WUUnAAnUAnn

-08


Aug-02-99 07:36A

Maen

Chairperson may vote and shall preside over ail meetings. Action by the Tribal Gaming
Commission shall be by affirmative vote of a majority of the Commissioners present.

2. Recusal. No Commissioner shall participate in any decision directly involving the
gaming license, employment, or direct monetary interest of his or her spouse, child, parent. or
sibling, by blood or adoption. In other cases, a Commissioner may voluntarily recuse
himself/herself and decline to participate in any Tribal Gaming Commission action or decision
when the member believes he/she could not act fairly or without bias, or that there would be an
appearance that he/she could not so act.

3. Chairperson. Subject to the supervisory authority and direction of the Tribal Gaming
Commission and the Council, the Chairperson shall serve as the principal spokesperson for the
Commission and shall chair Commission meetings. The Chairperson shall have such other
powers and duties as may be set forth in this Ordinance or other Applicable Law, or assigned by
the Tribal Gaming Commission or the Tribal Council.

4, Vice-Chairperson. If the Chairperson is unavailable because of recusal or any other
teason, the Vice-Chairperson shall serve as acting Chairperson.

5. Meetings; Removal for Non-Attendance.

a. The Gaming Commission shall meet on the first Wednesday of every
month and at such other times and places as the Commission determines.
Special meetings may be called by the Chairperson, two Commissioners,
orthe Gaming Manager. Reasonable notice of the time and place of a
meeting shall be given. Neither the business to be transacted at, nor the
purpose of any regular or special meeting need be specified in any
notice of the meeting. Minutes of every meeting shall be taken by a
person designated by the Chairperson and shall be preserved with the
permanent records of the Tribal Gaming Commission. Within five
business days of any meeting, a copy of the minutes shall be provided to
the Tribal Secretary for distribution to the Tribal President and Tribal
Council.

Commissioners, that one or more of such failures to attend should be excused.

c. Any action required or permitted to be taken at a meeting of the Tribal Gaming
Commission may be taken without a meeting if all Commissioners sign a written consent tc the
action. Such consents shall be preserved with the minutes of the Commission.

d. Commissioners may participate in a Tribal Gaming Commission mecting by
conference telephone or similar communications equipment by which all persons participating in

the meeting can hear each other.

e. Any member of the Tribe may attend any meeting of the Tribal Gaming
Commissicn, subject to the right of the Commission to go into executive session when considered

-10-


Aug-02-99 07:31A

SECTION 704. Work Permits 2.2.0.6... ce eee eee ee eee eee 21
SECTION 705. Licensing of Vendors, Etc ........-.-2+- 2520-20 e eee 21
CHAPTER 8: HEARINGS AND APPEALS ........- 00 ects eee reer 21
SECTION 801. Licensing Decisions . . - 21
SECTION 802. Patron Disputes Regarding Particular Wagers . 22
SECTION 803. Appeal to Tribal Court...........----005 - 22
SECTION 804. Confidential Information . 22
SECTION 805. Hearing Procedures ... 0... . cc eee ee eee eee tence 23
CHAPTER 9: PROHIBITED ACTS AND PENALTIES ......--- see eeeeeeeeee 23

SECTION 901. Prohibited Acts ..
SECTION 902. Penalties

endo 6:

vive


Aug-02-99 07:444

ne wwpemeey

CHAPTER 6: BACKGROUND INVESTIGATIONS FOR
PRIMARY MANAGEMENT OFFICIALS AND KEY EMPLOYEES.

SECTION 601. Required Background Investigations. Al! Primary Management Officials and
Key Empioyees of any Class II or Class II] Gaming Operation on the Reservation, including the
Gaming Manager, shall be subject to background investigations as required by Applicable Law.
A background investigation shall be conducted at the outset of employment, and shall be ongoing.
The Tribal Gaming Commission may, pursuant to Compact or other agreement, accord
responsibility to the State or some other entity with respect to background investigations.
Otherwise, the Tribal Gaming Commission shall be directly responsible for such investigations.

SECTION 602. Statement of Responsibilities. The Tribe shall bear ultimate responsibility for
background investigations , and shall make eligibility determinations under section 607. Once
a Gaming Manager has been fully investigated and appointed, the Tribal Commission may
delegate to the Gaming Manager the duty of conducting or causing to be conducted background

investigations regarding other Key Employees and Primary Management Officials, subject to the
review and approval of the Tribal Commission.

SECTION 603. Notices on Application Forms. Any application form for a Key Employee or

Primary Management Official shall include the following privacy notice and a notice regarding
penalties for false statements:

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 cligibility of
individuals to be employed in a Gaming Operation on the Northern Cheyenne
Reservation. The information will be used by the 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 the Northern Cheyenne Tribe
or the National Indian Gaming Commission in connection with the hiring and
firing of an employee, the issuance or revocation of a gaming license, or
investigations of activities while associated with the Northern Cheyenne Tribe or
a Gaming Operation. Failure to consent to the disclosures indicated in this notice
will result in the Northern Cheyenne Tribe’s being unable to hire you as a Primary
Management Official or Key Employee in gaming on the Northern Cheyenne
Reservation. The disclosure of your social security number is voluntary.

However, failure to supply your social security number 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 for vour false statement under 18 U.S.C. § 1001.

-16-

-05


NATIONAL
INDIAN
GAMING

Commission AUG 17 1999

William Walksalong, President
Northern Cheyenne Tribal Council
P.O Box 128

Lame Deer, Montana 59043

Dear President Walksalong:

This letter constitutes formal approval by the Chairman, National Indian Gaming
Commission (NIGC) for the revised gaming ordinance of the Northern Cheyenne Tribe,
Ordinance # 22(96), adopted on August 19, 1996.

Under the Indian Gaming Regulatory Act (IGRA), the Chairman, NIGC, is directed to
review tribal gaming ordinances for compliance with the requirements of the IGRA and the
regulations which implement the statute. 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. Please note also that the ordinance is approved for gaming
only on Indian lands as defined in IGRA.

Ina letter dated December 7, 1993, the Chairman, NIGC, noted his approval of the
Tribe’s initial gaming ordinance, Ordinance # 13 (93). By its terms, the revised gaming
ordinance becomes effective upon approval by the Chairman, NIGC, whereupon the initial
ordinance is deemed repealed and entirely replaced by the revised gaming ordinance. Under
NIGC regulation, a tribe is to submit any amendment to a gaming ordinance within 15 days of its
adoption. This revised ordinance appears to have been first provided to the NIGC, along with
copies of gaming audits for the years 1993, 1994, and 1996, under cover of your letter dated
October 31, 1997, although receipt of this revised ordinance is not confirmed. Submission of the
audits rather than the revised ordinance appears to have been the thrust of the letter. In any
event, an action to review and approve the revised ordinance was not undertaken at the NIGC, a
matter recently brought to the attention of my staff. We have now accomplished this review.

IGRA contemplates ordinance review and decision by the Chairman within 90 days of the
submission of a gaming ordinance. Any such ordinance not acted upon at the end of the 90-day
period shall be considered to have been approved by the Chairman, to the extent that the
ordinance is consistent with the IGRA. See 25 U.S.C. § 2710 (e). Assuming the Tribe’s letter

- of October 31, 1997, constitutes a “submission” of the ordinance, the Tribe could have treated the
revised ordinance as approved as of February 1, 1998. For our mutual purposes, the actual
effective date of approval may not have significant consequence as both the revised ordinance and
the original ordinance which it replaced comply with the provisions of IGRA and permit Class II
and Class II] gaming activity

1441 L_ STREET, N.W. 9THFLOOR WASHINGTON, D.C. 20005 TEL.: 202-632-7003 FAX: 202-632-7066



Aug-02-99 07:32A

Seemed

9. Gaming Operation. “Gaming Operation" means each site, including all related
improvements, facilities and equipment, that is licensed by the Tribe for the operation of Class
II or Class 111 Gaming on the Reservation . Under this Ordinance a Gaming Operation must be
wholly-owned by the Tribe and operated by the Tribe directly or by a Management Contrac:or
retained by tae Tribe.

10. IGRA. "IGRA" means the Indian Gaming Regulatory Act, Pub. L. 100-497, 25
ULS.C. §§ 2701 et seq., including any amendments thereof.

il. Key Employee. "Key Employee" means:

a A person who performs one or more of the following functions in a Class
Il or Class I{f Gaming Operation on the Reservation:

i. bingo caller;
ii. counting room supervisor;
iii, chief of security;

iv, custodian of gaming supplies or cash;

v. floor manager;
vi. pit boss;
vii. dealer;

viii. croupier;
ix. approver of credit; or

x. 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
with respect to the Gaming Operation is in excess of $30,000 per year; or

c. Tf not otherwise included, the four most highly compensated persons in the
Gaming Operation.

12, Management Contract; Management Contractor. “Management Contract" means
any contract, subcontract. or collateral agreement between the Tribe and a contractor or between
a contracter and a subcontractor, which provides for the management of all or part of a Class II
or Class Ii Gaming Operation on the Reservation. “Management Contractor" means a contractor

-3-


Aug-02-99 07:32A

wanted

CHAPTER 2: GENERAL PROVISIONS

SECTION 201. Definitions. For purpose of this Ordinance:

1, Applicable Law. "Applicable Law" means IGRA, the regulations promulgated by
the National Gaming Commission, any other lawfully applicable federal law or regulation, this
Ordinance, any regulations or orders of the Tribal Gaming Commission, any other lawfully
applicable Tribal law, and the Compact.

2. Chairperson; Vice-Chairperson. "Chairperson" means the Commissioner chainng
the Tribal Gaming Commission, and "Vice-Chairperson" means the Commissioner serving as
vice-chairperson of the Tribal Gaming Commission.

3. Class I Gaming. "Class I Gaming" has the meaning set forth in IGRA at 25 U.S.C.
§ 2703(6) and 25 CFR § 502.2. As currently defined, it means social games solely for prizes of
minimal vaiue or traditional forms of Indian gaming engaged in by individuals as a part of. or

in connection with, Tribal ceremonies or celebrations. Such gaming is not regulated by this
Ordinance.

4. Class II Gaming. "Class [I Gaming" has the meaning set forth in IGRA at 25 U.S.C.
§ 2703(7) and 25 CFR § 502.3. In general, as currently defined it includes gaming such as
bingo, pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo.
It also includes certain card games (although not blackjack (21) or other "banking" card games)
to the extent such games are played in conformity with State law.

5. Class III Gaming. "Class I]I Gaming" has the meaning set forth in IGRA at 25

U.S.C. § 2703(8) and 25 CFR § 502.4. As currently defined, it includes all forms of gaming that
are not Class I or Class [I gaming.

6. Commissioner. "Commissioner" means a member of the Tribal Gaming Commission.

7. Compact. "Compact" means any Class II] Gaming compact as described in IGRA
at 25 U.S.C. § 2710(d) between the Tribe and the State, and any renewal, extension or
amendmen: thereof, which is in force under IGRA, including (without limitation) the compact
currently in force entitled AGREEMENT BETWEEN THE NORTHERN CHEYENNE TRIBE
AND THE STATE OF MONTANA CONCERNING CLASS III GAMING, executed on 9-28-93
and approved by the Assistant Secretary of the Interior for Indian Affairs on 12-13-93, which has
subsequently been renewed on three occasions and, absent further renewal. wiil expire on 2-28-
97. If there is no Compact in force and the Secretary of the Interior prescribes procedures under
which Class II] Gaming may be conducted on the Reservation as provided in IGRA at 25 U.S.C.

§ 2710(d)(7)(B)(vii) (or any amendment or successor thereof), all references to "Compact" in this
Ordinance shall mean such Secretarial procedures.

8. Gaming Manager. "Gaming Manager" means the day-to-day manager of all Class
II and Class IJ Gaming Operations on the Reservation as provided in this Ordinance.

-2-


Aug-02-99 07:48A

SECTION 805. Hearing Procedures. The Tribal Gaming Commission, Tribal Council, Tribal
Court, and Tribal Appellate Court, may adopt such additional procedures and rules for the

conduct of hearings as they deem necessary or convenient so long as they are consistent with this
Ordinance and other Applicable Law.

CHAPTER 9: PROHIBITED ACTS AND PENALTIES

SECTION 901. Prohibited Acts. It shall be a violation of this Ordinance for any person within
the Tribe’s jurisdiction to engage in the following conduct in connection with Class II and Class
II Gaming on the Reservation:

1, Conduct or participate in a Gaming Operation other than one licensed by the Tribe.

2. Receive, distribute, apply, or divert any property, funds proceeds, or other assets of

a Gaming Operation to the benefit of any person except as authorized by this Ordinance or other
Applicable Law.

3. Tamper with any equipment used in the conduct of a Gaming Operation, or do any
other act in connection with a Gaming Operation with the intent to cause any person to win or

lose any wager other than in accordance with the publicly announced rules of such Gaming
Operation.

4, Alter or misrepresent the outcome or other event on which wagers have been made
after the outcome is made sure but before it is revealed to the players.

5. 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 any event that affects the

outcome of the game or which is the subject of the bet, or to aid anyone in acquiring such
knowledge.

6. Claim, collect, or take, or attempt to claim, collect or take, money or anything of value
in or from a gaming device, machine, or dispenser with intent to defraud, without having made
a wager, or to claim, collect, or take an amount greater than the amount won.

7. Place, increase, or reduce a bet after acquiring knowledge of the outcome of the game
or other event which is the subject of the bet, including past-posting, pressing, and pinching bets.

8. Manipulate, with the intent to cheat, any component of an electronic gaming device,

machine, or dispenser in a manner contrary to the designed and normal operational purpose for
the component.

9. Use legal tender or tokens other than those approved by the Tribal Gaming
Commission, or use legal tender of a denomination not authorized for use in a gaming device.

10. Possess or use any device or means to cheat while at a Gaming Operation.

-23-


Aug-02-99 07:47A

st empemeuat

hold a hearing within 30 days of the filing of the request.

SECTION 802. Patron Disputes Regarding Particular Wagers. Any compiaint by a patron
of a Class II or Class [1] Gaming Operation on the Reservation regarding a particular wager must
be brought to the attention of the Gaming Manager by the patron immediately, or such complaint
is deemed waived. If the Gaming Manager cannot promptly resolve the dispute, the Gaming
Manager shall take witness statements and reasonable steps to secure physical evidence, if any.
The patron may obtain a hearing before the Tribal Gaming Commission by written request
submitted within 72 hours from the events complained of, stating the relevant facts and

circumstances in detail. The Commission shall hold a hearing within 30 days of the filing of
the request.

SECTION 803. Appeal to Tribal Court. Any ruling of the Tribal Gaming Commission under
sections 801 or 802, or assessment by the Commission of a penalty under chapter 9, may be
appealed within 15 days of the Commission’s decision to Tribal Court, in an action naming the
Tribal Gaming Commission (not including any Commissioner, the Gaming Manager, or any other
employee or agent of the Commission) as sole defendant. In any such action, the Tribal Court
shall give appropriate deference to the expertise of the Tribal Gaming Commission. With respect
to such an action, the sovereign immunity of the Tribal Gaming Commission only is hereby
waived, but only if filing deadlines are strictly followed, and solely to the extent of:

- An order affirming the Tribal Gaming Commission's decision in any dispute.
- An order awarding or reinstating a license, in a licensing dispute.

- An order that a patron is entitled to a jackpot or payoff or return of the wagered
amount, in a dispute with a patron regarding a particular wager.

- An order reversing, abating, reducing, or enhancing a penalty assessed by the
Tribal Gaming Commission, in a dispute over such an assessment.

The Tribal Court may impose conditions on the above awards of relief. In no event may the
Tribal Court assess pre-judgment interest, costs, back pay, attomeys fees, or other damages or
telief against the Tribal Gaming Commission. Ali final determinations of the Tribal Court under
this section shall be appealable to the Tribal Appellate Court only.

SECTION 804. Confidential Information. Where Tribal Gaming Commission action is based
upon confidential information, which may not as a matter of law or policy be disclosed to the
aggrieved person, such circumstances shall not be grounds for reversal of the Tribal Gaming
Commission’s decision, and the aggrieved person shall have no right to such confidential
information in proceedings before either the Commission, Tribal Court, Tribal Appellate Court,
or other proper forum (if any). The public interest in the integrity of Class II and Class III
Gaming on the Reservation is such that the burden of proof with respect to gaming issues,
especially cegarding fitness for licensing, shall be upon the individual.

-22-


Aug-G2-99 07:30A

P.10
2. Oversight 12
3. Licensing 12
4. Hire, Supervise and Fire .... 12
5. Purchasing ............. 12
6. Planning .... 12
7, Reporting .... 12
8. Patron Disputes . . oe 12
9, Hearings....... oe 12
10. Emergency Orders... 1. ccc c eect eee e tener e ene 13
CHAPTER 5: FINANCIAL MATTERS ..... 0.00. ccc eee e cent eee e ene eeee 13
SECTION 501. Application of Net Revenues .. 13
1. Youth, Elderly, Health and Education . 13
2. Capital Costs and Reserve Accounts . . 13
3. No Per Capitas ................ 414
SECTION 502. Annual Budgets ............ 14
SECTION 503. Deposit of Receipts ..........05 1S
1. Daily 15
2. Weekly .. 1S
SECTION 504. Quarterly Reports to Council 15
SECTION 505. Audits 2.2... eee eens 15
CHAPTER 6: BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT
OFFICIALS AND KEY EMPLOYEES ..... 0.2... 2.0 cee eee cee cece eens 15
SECTION 601. Required Background Investigations . 2... eee eee eee ee eee 16
SECTION 602. Statement of Responsibilities 0... ... 00.00 c cee eee eee 16
SECTION 603. Notices on Application Forms ............-000 00000 0- 16
SECTION 604, Notices to Existing Employees ......... ete eee eee nece 17
SECTION 605. Information from Applicants... ........0 2000s cee eens 17
SECTION 606. Rules Regarding Background Investigations ..............- 18
1. Confidentiality of Third Party Sources ©... 020. e eee eee ee 18
2. Retention of Records .......... oo. 18
3. Content of Investigative Report ... 18
SECTION 607. Eligibility Determinations 19
SECTION 608. Reporting to the National Commission ...........-...-. 19
1. Notification Regarding Background Investigations and Eligubitity
Determinations 00... eee eee . 19
2. Procedure Following Decision to Hire Key Employee or Primary
Management Official... 6... eee eee 19

CHAPTER 7: LICENSES .... 00... ccc cece e eee nee
SECTION 701. Licenses
SECTION 702. Background Investigations
SECTION 703. Licensing Decision

havens

en ~iti-


Aug-02-99 07:43A

 eaomaanas:

General Manager shall conduct hearings, investigations, or inquiries. In connection therewith,
the Gaming Manager shall have authority to compel the production of any information or
documents and otherwise exercise the investigatory powers of the Commission.

10. Emergency Orders. If emergency action is required to protect the public interest
in the integrity of the Gaming Operations, or preserve the safe and lawful conduct of such
operations, and there is insufficient time under section 403.15 to convene a meeting of the Tridal
Gaming Commission, locate the Chairperson, or locate two Commissioners, the Gaming Manager
may issue in the name of the Commission any order which the Commission has the power to
issue to any gaming employee, Management Contractor, gaming patron, or other person within
the jurisdiction of the Tribe, to take or refrain from any action as may be required to protect such
public interest or preserve such safe and lawful operations. The Tribal Gaming Commission shall
review such emergency order at its earliest opportunity and confirm, modify or vacate it. An

unreviewed emergency order shall lapse within 10 days, or a lesser period as specified in the
order, and must so state.

CHAPTER 5: FINANCIAL MATTERS

SECTION 501. Application of Net Revenues, Net revenues from all Class II and Class III
Gaming Operations on the Reservation shall be applied as follows:

1. Youth, Elderly, Health and Education. 50% of the Net Revenues for each fiscal year
shalj be used to fund Tribal youth, elderly, health, and education programs. At any time during
the fiscal year the Tribal Council may direct that 50% of accrued and unallocated Net Revenues
be made available for use in such programs. Promptly after the close of each fiscal year, the
Tribal Gaming Commission shall assure that 50% of the total Net Revenues for the fiscal year
have been made available for use in such programs. All such allocations made during or atter
the close of the fiscal year shall be accompanied by a report to the Tribal Council describing how
the sum was calculated and containing sufficient information to enable verification of the
calculation. The Tribal Council shall allocate this entire annual sum among the four programs.
in such relative proportions as the Tribal Council considers appropriate.

2. Capital Costs and Reserve Accounts. The remaining 50% of the Net Revenues for
cach fiscal year shall be allocated by the Tribal Gaming Commission among the following uses,
in such relative proportions as the Commission considers appropriate:

a. Pay as they become.due costs ("Capital Costs") for the following:

- acquisition by purchase, lease or other means of machines, devices,
equipment, fixtures, sites, buildings, and other facilities for use in
the Gaming Operations

: upgrading, expansion or repair of such items

- planning and implementing expansion of existing or development

-13-


Aug-02-99 07:46A

d, the bases for those conclusions.

SECTION 607. Eligibility Determinations,

1. The Tribal Gaming Commission shall carefully review a person’s prior activities,
criminal record, if any, and reputation, habits, and associations to make a finding concerning the
person’s eligibility for a position as a Key Employee or Primary Management Official in C:ass
II or Class iff Gaming Operations on the Reservation. If the Tribal Gaming Commission in the
course of this review determines that such involvement may pose a threat to the public interest
or to the effective reguiation of such gaming, or might create or enhance the dangers of
unsuitable, unfair, or illegal practices and methods and activities in the conduct of such gaming,
no Class II or Class {11 Gaming Operation on the Reservation may employ that person as a Key
Employee or Primary Management Official.

2. No Class II or Class III Gaming Operation on the Reservation may employ as a Key
Employee or Primary Management Official a person who has supplied materially false or
misleading information or who has omitted material information required by Applicable Law.

SECTION 608. Reporting to the National Commission.

1, Notification Regarding Background Investigations and Eligibility Determinations.
The Tribal Gaming Commission shall forward to the National Gaming Commission the following,

with respect to all persons investigated as candidates for Key Employee or Primary Management
Official:

a. all application information described in section 604;
b. the investigative report described in section 606.3;

¢. the Tribal Gaming Commission’s eligibility determination described in section
607; and

d. a notification of the Tribal Gaming Commission’s hiring decision.

2. Procedure Following Decision to Hire Key Employee or Primary Management
Official.

a. When a Key Employee or Primary Management Official begins work in

a Class IT or Class [II Gaming Operation on the Reservation, the Tribal Gaming Commission
shall:

(6b) forward to the National Gaming Commission a compieted
application for employment that contains the notices and information listed in 25 CFR §§ 556.2
(privacy notice), $56.3 (notice regarding false statements), and 556.4 (background investigations);
and

+08


Aug-02-99 07:29A

ORDINANCE NO. 22 (96)
PAGE 2.

Cc) TION
PASSED, ADOPTED AND APPROVED by vote of the Northern Cheyenne Tribal Council by

13 votes for passage and adoption and _no_ votes against passage and adoption with 1
abstention this 19th day of August > 1996.

hecsceethe Lh

Llevando Fisher, Chairmart
Northern Cheyenne Tribal Council

Ve
_ G-/2-Fb
NOTED... - eee a ete
AE om | Bee

Bebbie BearQuiver, Secretary
Northern Cheyenne Tribal Council

soon
4:
ae
se
|
eee eed

« WRZATTO


Aug-02-99 07:33A

2. Qualifications. Each Commissioner must be a member of the Tribe. Two
Commissioners must be members of the Tribal Council, and the other three Commissioners must
be residents of the Reservation who are not members of the Tribal Council. Best etforts shali be
made to appoint one Commissioner from cach of the five Reservation districts. Each
Commissioner shall be a person of great integrity, deeply committed to the best interests of the
Tribe, and capable through background. experience and/or education to competently perform the
duties of office. Hereafter, before appointing a person as Commissioner under subsection < or
5 below, to assure that the person is qualified the Tribal Council shali inquire into the person’s
background, experience, education, criminal record (if any), reputation, habits and associations,
by such mcans as the Council considers warranted and appropriate.

3. Term — Current Commissioners. The current Commissioners shall serve until the
regular Tribal election of 1996 and until their successors are appointed. .

Section 402(4) is amended to read:

4, Term — Future Commissioners. All Commissioners shall serve for four
year, staggered terms, and until their successors are appointed. £
Commissioner shall sit until their term of office has expired or they are otierwise
removed. Upon expiration of his or her term of office another member of the
Tribal Council may be appointed or the same Council member may be re-
appointed if he or she retains his or her seat on the Council. After the regular
Tribal election of 2000 and after the regular election every four years thereafter,
three Commissioner seats shall be declared open and appointments made to those
seats. Two Commissioner seats shall be declared open and appointments made
after the Tribe’s 2002 election and every four years thereafter. .

5. Removal and Replacement. A Commissioner may be suspended or removed at any
time. without a hearing, by concurrence of the Tribal President and the Tribal Council for any
reason they deem sufficient in their discretion. If a seat on the Commission becomes vacant due

to removai, resignation, death, or any other reason, a replacement shall be appointed for the
remainder of the replaced person’s term.

6. Chairperson and Vice-Chairperson. From among the Commissioners, the Tribal
Gaming Commission shall designate a Chairperson and Vice-Chairperson of the Commission.
The Chairperson and Vice-Chairperson shall serve at the pleasure of the Commission.

7. Registered Agent. The Chairperson of the Tribal Gaming Commission shall be the
agent for service of process pursuant to 25 CFR § 522.2(g).

8. Gaming Manager. The Tribal Gaming Commission shall appoint a Gaming
Manager, «vho shall report to the Commission and the Tribal Council, and shall have the powers
and duties described in section 405 and elsewhere in this Ordinance. The Gaming Manager shall
be a salaried employee whose salary shali not be based on a percentage of gaming revenues. The

-6-


Aug-02-99 07:35A

unlawful, negiigent or otherwise improper and may require such remedial action as it deems
appropriate tc bring the Gaming Operation into compliance. The Tribal Gaming Commission
may for this purpose, in its sole discretion. conduct a hearing and receive evidence with regard
to such complaint if it deems an evidentiary proceeding useful to resolve such complaint,
provided that the Commission shall hold hearings on licensing disputes and patron disputes
regarding particular wagers as provided in sections 801 and 802.

5. Investigations. The Tribal Gaming Commission may on its own initiative investigate
any aspect of a Class II or Class I[I Gaming Operation on the Reservation to protect the public
interest in the integrity of such gaming activities and to prevent or remedy improper or unlawful
conduct in the course of such gaming activities. The Commission shall investigate any report
of a failure of the Gaming Operation to comply with Applicable Law, and may require the
Gaming Operation to take any corrective action the Commission may determine appropriate.
The Tribal Gaming Commission may compel any licensee or person employed by or doing
business with the Gaming Operation to appear before it and to provide such information,

documents, or other materials as may be in their possession or control to assist in any such
investigation.

6. Background Investigations; Gaming Licenses. The Tribal Gaming Commission
shall conduct, or have conducted, any background investigations required or permitted under

Applicable Law, and shall issue, suspend, and revoke all licenses pertaining to Class II or Class
III Gaming on the Reservation.

7. Coordination with Other Agencies. The Tribal Gaming Commission shall
coordinate its activities and cooperate with other relevant agencies, including the National Gaming
Commission and other federal agencies, and any agencies of the State with which the Tribe
cooperates pursuant to the Compact. The Tribal Gaming Commission may provide any
information to such agencies which must or may be provided under Applicable Law.

8. Coordination with Private Entities. The Tribal Gaming Commission shall
supervise, oversee, and. to the extent appropriate. coordinate its activities with, any Management
Contractor. and any other contractors, vendors, suppliers, or other private entities with any
involvement in any aspect of a Class II or Class II Gaming Operation on the Reservation.

9. Regulations. The Tribal Gaming Commission may promulgate. review, and revise
as necessary regulations, rules, and procedures to govern and facilitate the operation and
management of Class II or Class II] Gaming Operations on the Reservation in accordance with

Applicable Law. Such regulations, rules, and procedures shall be subject to rescission or
amendment by the Tribal Council.

10. Compact. The Tribal Gaming Commission shall take all actions necessary to assure
that Class 11] Gaming on the Reservation is conducted in compliance with the Compact and that

the respons:bilities and duties of the Tribe and Tribal Gaming Commission set forth in the
Compact are met.

-8-

19


Aug~O2-99 07:29A

TRIBAL COUNCIL OF THE NORTHERN CHEYENNE
NORTHERN CHEYENNE RESERVATION
LAME DEER, MONTANA

ORDINANCE NO. __22__(96)

ORDINANCE OF THE NORTHERN CHEYENNE TRIBAL COUNCIL PROVIDING FOR
REPEAL OF THE TRIBAL GAMING ORDINANCE (ORDINANCE NO. 13(93)) AND
ADOPTION OF A REVISED TRIBAL GAMING ORDINANCE AUTHORIZING AND
REGULATING CLASS II AND CLASS II GAMING ACTIVITIES WITHIN THE
TRIBE’S JURISDICTION.

WHEREAS. the Tribal Council of the Northern Cheyenne Tribe is the governing body of the
Northern Cheyenne Tribe of the Northern Cheyenne Indian Reservation, Montana, by authority
of the Amended Constitution and By-Laws of the Northern Cheyenne Tribe;

WHEREAS, Class If and Class II] gaming on the Reservation has been authorized, regulated and
operated by the Tribe through the Northern Cheyenne Reservation Gaming Commission ("Tribal
Gaming Commission"), under Ordinance No. 13(93), and any amendments thereof;

WHEREAS, in performing its responsibilities over the past several years, the Tribal Gaming
Commission has concluded that thorough revision of the existing Tribal Gaming Ordinance is
necessary and, to that end, has carefully prepared the attached Revised Tribal Gaming Ordinance
and recommended its adoption by the Tribal Council; and

WHEREAS, the Tribal Council has reviewed the attached Revised Tribal Gaming Ordinance, is
satisfied with its terms, and has concluded that it should oe adopted.

THEREFORE, BE IT ORDAINED AS FOLLOWS:

1, The attached Ordinance, hereafter to be known as the "Revised Tribal Gaming
Ordinance," is hereby approved and adopted.

2. The Revised Tribal Gaming Ordinance shall be submitted for approval to the
Chairman of the National Indian Gaming Commission.

3. The Revised Tribal Gaming Ordinance shall be effective upon its approval by the
Chairman of the National Indian Gaming Commission, whereupon Ordinance No. 13(93), and any
amendments thereof, and any other Tribal ordinance or resolution, or portion thereof, inconsistent
with the Revised Tribal Gaming Ordinance, shall be deemed repealed and entirely replaced by
the Revised Tribal Gaming Ordinance.


Aug-02-99 07:45A

SECTION 604. Notices to Existing Employees. The Tribal Gaming Commission shall give

written notice to existing Key Employees and Primary Management Officials that they snall
either:

- complete a new application form that contains the Privacy Act and false statement
notices set forth in section 603; or

- sign a statement that contains the Privacy Act notice, a consent to the routine uses
described in that notice, and the false statement notice.

SECTION 605. Information from Applicants. The Tribal Gaming Commission shall reauest
from each Primary Management Official and Key Employee at least the following information:

1, Full name, other names used (orai or written), social security number(s), birth date,
place of birth, citizenship, gender, all languages (spoken or written).

2. Currently and for the previous 5 years: all 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 subsection 2 above.

4. Current business and residence telephone numbers.

5. A description of any existing and previous business relationship with Indian tribes,
including ownership interests in those businesses.

6. A description of any existing and previous business relationships within the gaming
industry, 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 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.

9. For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding

minor trafic violations) within 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 10 years of the date of the application and is not

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I seek your clarification on two issues related to the revised ordinance.

First, under NIGC regulations as found at 25 C.F.R. §§ 519.1 and 522.2, a tribe is to
designate an agent for service of any official determination, order, or notice of violation and
should include information regarding that designation with its submission of a gaming ordinance.
The Tribe’s initial gaming ordinance designates the Chairman, Northern Cheyenne Gaming
Commission as the agent for such service. The revised ordinance does not contain the
designation. Our intention is to continue to treat the gaming commission chairman as the
designated agent. However, | ask that you affirm this designation in a response letter or provide
designation of a new agent.

Second, although the revised ordinance contains the necessary provision regarding the
conduct of independent audits, it does not contain specific language regarding the submission of
these audit reports to the NIGC. Compare 25 C.F.R. § 522.4(3) with Section 505 of the revised
ordinance. Submission of annual audits is covered in NIGC regulations and is a requirement with
which the Tribe is familiar. I ask you pursue a technical amendment to the ordinance to cover this
minor point and that you provide a copy of that technical amendment when it is adopted.

Sincerely, Pl

Montie R. Deer
Chairman

Copy to:
Chairman, Northern Cheyenne
Gaming Commission


Aug-02-99 07:46A

(2) conduct a background investigation under 25 CFR part 556 and
sections 601 - 607 of this Ordinance to determine the eligibility of the Key Employee or Primary
Management Official for continued employment in a Gaming Operation.

b. Upon completion of a background investigation and a determination of
eligibility for employment in a Class II or Class 111 Gaming Operation on the Reservation, che
Tribal Gaming Commission shall forward a report under 25 CFR § 556.5(b) and section 606.3
of this Ordinance to the National Gaming Commission within 60 days after the person begins
work or within 60 days of the approval of this Ordinance by the Chairman of the National
Gaming Commission. A Gaming Operation regulated under this Ordinance shall not employ a
Key Employee or Primary Management Official who does not have a license after 90 days.

c During a 30-day period beginning when the National Gaming Commission
receives a report submitted under subsection 608.2.b, the Chairman of the National Gaming
Commission may request additional information from the Tribal Gaming Commission concerning
a Key Employee or Primary Management Official who is the subject of such report. Such a
request shall suspend the 30-day period until the Chairman receives the additional information.

d. If, within the 30-day period described in the subsection 2.c above, the
National Gaming Commission notifies the Tribal Gaming Commission that it has no objection
to the issuance of a license pursuant to a license application filed by a Key Employee or Primary
Management Official for whom the Tribal Gaming Commission has provided the required
application and investigative report to the National Gaming Commission, the Tribal Gaming
Commission may go forward and issue a license to such applicant.

e IE, within the 30-day period described in subsection 2.c above, the National
Gaming Commission provides the Tribal Gaming Commission with a statement itemizing
objections to the issuance of a license to a Key Employee or Primary Management Official for
whom the Tribal Gaming Commission has provided the required application and investigative
report to the National Gaming Commission, the Tribal Gaming Commission shall reconsider the
application, taking into account the objections itemized by the National Gaming Commiss:on.

The Tribal Gaming Commission shall make the final decision whether to issue a license to such
applicant,

f. If, after the issuance of a gaming license, the National Gaming Commission
notifies the Tribal Gaming Commission that it has received reliable information indicating that
a Key Empioyee or Primary Management Official is ineligible for employment under Applicable
Law, the Tribal Gaming Commission shail suspend the gaming license of such person and give
the licensee written notice of the suspension and proposed revocation of the license. The Tribal
Gaming Commission shall notify the licensee of the time and place for a hearing on the proposed
revocation of license. After a revocation hearing, the Tribal Gaming Commission shall decide

to revoke or to reinstate the license. The Tribal Gaming Commission shall notify the National
Gaming Commission of its decision.

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Aug-02-99 07:33A

or subcontractor under 2 Management Contract.

13. National Gaming Commission. "National Gaming Commission” means the National
Indian Gaming Commission established by IGRA at 25 U.S.C. § 2704.

14. Net Revenues. “Net Revenues" means gross revenues of a Class [I or Class [IT
Gaming Operation, including gross revenues from gaming and gross revenues from tobacco, food
and beverage sales and any other commercial activities at the Gaming Operation, and interest and
other earnings on such revenues, less: (a) amounts paid out as or for prizes; (b) total gaming-

related operating expenses, excluding management fees (if any); and (c) total operating expenses
of all other ancillary commercial activities.

15. Ordinance. "Ordinance" means this Tribal Gaming Ordinance, including any
amendments hereof.

16. Primary Management Official. "Primary Management Official" means a person
who performs one or more of the following functions in a Class II or Class III Gaming Operation
on the Reservation:

a any person having management responsibility for a Management Contract;

b. any person who has authority (i) to hire or fire gaming employees; or (ii)
to set up working policy for the Gaming Operation; or

c. the chief financial officer or other person who has financial management
responsibility with respect to the Gaming Operation.

17. Reservation. “Reservation” means the Northern Cheyenne Indian Reservation,
inciuding any lands which may hereafter be added thereto, and any other lands on which the

Tribe may lawfully regulate or conduct a Class [I or Class III Gaming Operation under the
Applicable Law.

18. State. "State" means the State of Montana, and its authorized officials, agents. and
representatives.

19. Tribal Council. " Tribal Council" means the Northern Cheyenne Tribal Council.

20. Tribal Gaming Commission; Commission. "Tribal Gaming Commission" and
"Commission" each means the Northern Cheyenne Gaming Commission established by this
Ordinance.

21. Tribe. “Tribe” means the Northern Cheyenne Tribe, and its authorized officials.
agents, and representatives.

4.

P.1s


Aug-02-99 07:34A

Gaming Manager may be terminated at any time for cause by the Tribal Gaming Commission
subject to and in accordance with all applicable provisions of the Tribe’s Personnel Policies.

SECTION 403. Powers and Duties of Tribal Commission. The Tribal Gaming Commission
shall have the following powers and duties:

1, Oversight. The Tribal Gaming Commission shall have primary responsibility for
oversight of Class II and Class III Gaming Operations on the Reservation. The Commission

shall supervise the Gaming Manager and any Management Contractor, and shall report to the
Tribal Council.

2. Inspection. The Tribal Gaming Commission may employ inspectors (all of whom
shall be licensed as gaming employees under this Ordinance) who may be present at any Class
Il or Class III Gaming Operation on the Reservation during any hours of operation, and who shall
be under the supervision of the Commission and (as determined by the Commission} the
Gaming Manager, and shall not be under the supervision of any Management Contractor. Such
inspectors shall have unfettered access to all areas and aspects of the Gaming Operation at all
times, including locked or secured areas. Personnel employed by the Gaming Operation or a
Management Contractor shall provide such inspectors immediate access to all such areas on
request at any time. Such inspectors shall report to the Tribal Gaming Commission regarding any
failure by the Gaming Operation to comply with any Applicable Law.

3. Protection of Public Health, Safety, and the Environment. The Tribal Gaming
Commission shall assure that the construction, maintenance, and operation of any Class iI or
Class III Gaming Operation on the Reservation shall at all times be conducted and maintained
in a manner which adequately protects public health, safety, and the environment, and complies
with all Applicable Law. In particular, the Commission shall prepare a plan for the protection
of public safety and the physical security of patrons in each Gaming Operation, setting forch the
respective responsibilities of the Commission, the security department of the Gaming Operation,
any Tribal police agency, and if appropriate. any federal, state. or local police agency. The
Tribal Gaming Commission shall review and approve floor plans and surveillance systems for
each Gaming Operation on the Reservation and may confer with other governmental or private
parties regarding the adequacy of such plans and systems. The Commission shall enforce the
health and safety standards applicable to the Gaming Operation in accordance with this
Ordinance. A Gaming Operation must obtain a certificate of compliance, which shall be :ssued

by the Tribal Gaming Commission upon a determination that the Gaming Operation complies
with such standards.

4, Resolution of Compiaints. All written complaints from any person regarding any
aspect of a Class II or Class Ill Gaming Operation on the Reservation shall be reviewed by the
Tribal Gaming Commission and the complaint file shall be retained for at least 5 years. The
Tribal Gaming Commission. including on-site inspectors, may assist in seeking agreed resolution
of any complaint. The Commission may receive any complaint from an employee of the
Gaming Operation or any member of the public who claims to be adversely affected by an act
or omission of the Gaming Operation or any person associated with it which is allegea to be

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