8. Denying any application, limit, condition, suspending,
or restricting any license or permit, making a finding
of suitability or approval of the license or permit,
er a finding of suitability or approval of or the
imposition of a fine upon any person licensed or
permitted for any cause deemed reasonable by the
Commissioner;

9. Performing additional duties as required in the Code
or any amendments thereto, or other duties that may
hereafter be specified by the Commissioner;

1c. Employing legal counsel with the consent of the Osage
Tribe under applicable laws;

11. Defending this Code in any court of law;

12. Acting as designee agent for service of process for
any legal disputes that may arise at any of the
Tribe's gaming facilities;

13. Reviewing and enforcing the Minimum Internal Control
Standards of the Osage Tribe or as set out by the
National Indian Gaming Commission;

14. Any other duties that are deemed by the Commissioner as
necessary to carry out the provisions of this Code,

the Commission's regulations, or rules of the National
Indian Gaming Commission.

Section 2.06 Authority of Commissioner The Commissioner may
exercise any proper power and authority necessary to perform the
duties assigned by this Code. The Commissioner may organize any
functional divisions as may be necessary and from time to time
alter such plan of organization as may be expedient. The
Commissioner shall recommend the Osage Tribal Gaming Commission
budget to the Principal Chief and Osage Tribal Council, and take
any other steps necessary to fulfill the duties and
responsibilities under the Code. In adopting, amending, or
repealing any Osage Tribal Gaming Commission regulations, the
Commissioner shall give prior notice of the proposed action to
all licensees and other persons whom the Commissioner has reason
to believe have a legitimate and bona fide interest in such
proposed action.

Section 2.07 Reports of the Commission The Commission, through
its Gaming Commissioner, shall provide to the Principal Chief,
Assistant Principal Chief, and Osage Tribal Council, quarterly
reports of the activities of the Commission. In addition, the
Commissioner shall provide any other report requested by the



2. A Petition for removal hereunder may only be filed by the
Principal Chief or by a majority vote of the Osage Tribal
Council.

3. The Commissioner accused of any of the foregoing causes
shall be given a copy of the Petition charging him or her and
afforded the right to respond to the charges and present
witnesses and other evidence in his or her defense at a hearing
convened by the Tribal Council. The Petition shall state the
cause or causes for removal with sufficient particularity to put
the Commissioner on notice of the nature of the charges against
him or her. Both the Petitioner and the Commissioner so accused
shall have the right to be represented by an attorney at the
hearing, provided that the Commissioner shall be responsible for
paying his or her own attorneys fees a and other expenses in
defending the Petition. The Tribal Council shall preside over the
removal hearing and receive the evidence. Removal of the
Commissioner shall require a majority vote of the Tribal Council.
The decision of the Tribal Council shall be final and binding on
the Osage Tribe and the Commissioner, and shall not be subject to
judicial review.

Section 2.05 Duties The Commissioner shall be charged with the
responsibility of administering and enforcing the provisions of
this Code. It shall be the responsibility of the Commission to
promulgate regulations necessary to administer provisions of this

Code. These duties shall include but not be limited to the
following:

1. Printing and making available application forms for
initial review;

2. Supervising the collection of all fees and taxes
prescribed in this Code;

3. Processing all license applications;

4, Issuing licenses;

5. Determining applicable license fees;

6. Auditing all returns;

7. Reviewing all gaming operation contracts, records,

documents, and anything else necessary and pertinent
to the financial accountability of. licensees or to the
enforcement of any provision of this Code or Osage
Tribal Gaming Commission regulations;


Principal Chief, Assistant Principal Chief, and Osage Tribal

Council, or as requested by the National Indian Gaming
Commission; and

E)
Chapter VI
Appeals

Section 6.01. Petition for Review As imposed by the Commissioner,
any person found to be in violation of any provision of this Code
or Regulation of the Osage Tribal Gaming Commission after
hearing, may seek review of the Commissioner’s decision by filing
a Petition for Review of the Commissioner’s decision with the
District Court of the Osage Tribe within thirty (30) days of said
decision. Failure to file Petition for Review shall make the
decision of the Commissioner final and not subject to further
judicial review. Upon receiving notice of the filing of a
Petition for Review, the Commissioner shall, within fifteen (15)
days of receiving notice, file the record of proceeding in its
entirety with the Osage District Court.

Section 6.02 Standard for Review Upon hearing of the appeal, the
Osage District Court shall give proper deference to the
administrative expertise of the Commissioner. The Osage District
Court shall not set aside, modify, or remand any determination by
the Commissioner unless it finds the termination to be arbitrary

and capricious, unsupported by substantial evidence, or contrary
to law.

Section 6.03 Legal Representation The Petitioner may be
represented by legal counsel in any proceedings or reviews of the

District Court, and the Commissioner shall be represented by the
attorney for the Gaming Commission.

Section 6.04 District Court Decision The District Court of the
Osage Tribe shall issue a written decision on all appeals. In no
event shall the Court be authorized to award or order payment of
damages or to fashion any remedy against the Commissioner. In the
event that the District Court affirms the decision of the
Commissioner or the Osage Tribe, the Court shall award costs and
reasonable attorney fees to the Osage Tribal Gaming Commission
with the provision that any part of the attorneys fee collected
shall be paid to the Treasury of the Osage Tribe.

Section 6.05 Appeal of District Court Decision If the Petitioner
receives an adverse decision from the District Court, then the
Petitioner may appeal to the Osage Tribal Council within thirty
(30) days after the District Court enters the decision. The
appeal shall be limited to the record on appeal. The decision of
the Osage Tribal Council shall be final.



AXONAL No,

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7h eo
G comN

YUL 7 2003

Mr. Jim Gray
Principal Chief
Osage Tribal Council
P.O. Box 779
Pawhuska, OK 74056

RE: Request for Approval of Amendment to the Osage Tribe’s Gaming Ordinance
Dear Chief Gray:

This letter is in response to your request to the National Indian Gaming Commission
(NIGC”) for the review and approval of an amendment to the Osage Tribe’s gaming
ordinance adopted by Osage Tribal Council Resolution No. 31-255 on April 4, 2003, and
submitted to the NIGC with your letter of July 3, 2003. We also received a copy of the
amendment from attorney Geoffrey M. Standing Bear on April 11, 2003.

This letter constitutes approval of the submission under the Indian Gaming Regulatory
Act “IGRA”). It is important to note that the gaming ordinance is approved for gaming
only on Indian lands, as defined in the IGRA, over which the Osage Tribe exercises
jurisdiction.

for submitfing the amendment to the tribal gaming ordinance of the Osage
of Indians foyfeview and approval. If you have questions or require further
. Frances Fragua at 202-632-7003.

Philip N. Hogen
Chairman

cc: Geoffrey M. Standing Bear, P.O. Box 1049, Pawhuska, OK 74056

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GoV

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


3. The Principal Chief or in his absence the Acting Principal
Chief, is hereby authorized to sign this Resolution and to certify the
Ordinance adopted by this Resolution and to transmit three original
copies thereof to the Chairman of the National Indian Gaming
Commission for his official approval of the amendments made herein.

CERTIFICATION

I hereby certify the foregoing Resolution No. 31-255 as considered by
the Osage Tribal Council at a duly called meeting in Pawhuska,
Oklahoma, at which a quorum was present and the same was adopted by a
vote of 7 in favor, 0 opposed and 1 absent on this 4th day of April

2003.

VM Y nN «

VJ Principal Chick
ATTEST:
Qu wee Cereus

Secretary


RESOLUTION
OF THE
OSAGE TRIBAL COUNCIL
No. 31-255

WHEREAS,

1. The Osage Tribal Council, organized pursuant to provisions
of the Act of June 28, 1906, 34 Stat. 539, as amended, and is the
elected governing body of the Osage Tribe of Indians; and

2. After due consideration of the status of the gaming
operations of the Osage Tribe, the Osage Tribal Council believes it
will improve the efficiency, independence, and ability of the Osage
Tribal Gaming Commission by making amendments to OTC Resolution No.
31-177, the Class II Gaming Ordinance of the Osage Tribe of Indians.

3. The Osage Tribal Council has fully considered and reviewed
this law. THEREFORE, BE IT

RESOLVED,

1. The following provisions of the Class II Gaming Ordinance
of the Osage Tribe of Indians are repealed:

A) Definitions (d) "Chairman" means the Chairman of the
Gaming Commission; and

B) Definitions (f) "Commission" means the Osage Tribal
Gaming Commission; and

Cc) Definitions (g) "Commissioner" means an individual
member of the Osage Tribal Gaming Commission; and

D) All of Chapter II; and
E) All of Chapter VI.

2. The following new provisions of the Class II Gaming
Ordinance of the Osage Tribe of Indians are enacted:

A) (d) blank; and
B) (£) "Commission" means the Office of the Commissioner

of the Osage Tribal Gaming Commission, and its
employees; and

Cc) (g) "Commissioner" means the Public Officer appointed
and confirmed by the Osage Tribal Council to carry out
the duties of the Class II Gaming Ordinance of the
Osage Tribe of Indians, or as authorized by any other


gaming ordinances, resolutions, or laws enacted by the
Osage Tribal Council; and

D) CHAPTER II
Establishment, Administration and Powers of Commission

Section 2.01 Gaming Commission Established In order to provide
for the orderly development, administration, and regulation of
gaming activities within the jurisdiction of the Osage Tribe,
there is established the Osage Tribal Gaming Commission which
shall consist of one (1) Public Officer, the Gaming Commissioner,
and staff necessary to carry out the provisions of this Code, and
any regulations promulgated thereunder.

Section 2.02 Appointment and Term of Commissioner The Principal
Chief shall nominate a member of the Osage Tribe to serve as the
Commissioner, subject to confirmation by Tribal Resolution. The
Commissioner's term will be for a period of three (3) years, from
the date of confirmation.

Section 2.03 Outside Employment and Activities of Commissioner
The Commissioner may not hold other tribal positions. The
Commissioner may be engaged in business, provided, however, that
the Commissioner shall not engage in any business which is
subject to provisions of this Code or which has commerce with any
licensee under this Code. The Commissioner shall post a bond
with the Osage Tribe in the amount of One Hundred Thousand
Dollars ($100,000.00). Such bond shall be funded from the fund
appropriated to the Osage Tribal Gaming Commission.

Section 2.04 Removal from Office

1. The Commissioner may be removed from office prior to the
end of any term for one or more of the following causes, as set
forth in a written Petition and proved by a preponderance of the
evidence in the hearing provided for in Paragraph 3 of this
subsection:

a. dishonesty, gross misconduct, or incompetence in
office;
b. conviction of a felony or any crime involving

dishonesty under federal, state, or tribal law;

c. directly or indirectly engaging in a activities or
transactions constituting a conflict of interest under

the laws of the Osage Tribe or any other applicable
laws, rules, or regulations;

d. being employed by the Osage Tribe or by any other
board or authority of the Osage Tribe;