{"data":{"id":"us-ok/okla.-stat.-tit.-3a-3a-281","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 3A, § 3A-281","heading":"Model Tribal Gaming Compact","body":"This section sets forth the provisions of the Model Tribal\n\nGaming Compact.\n\nMODEL TRIBAL GAMING COMPACT\n\nBetween the [Name of Tribe]\n\nand the STATE OF OKLAHOMA\n\nThis Compact is made and entered into by and between the [Name\n\nof Tribe], a federally recognized Indian tribe (\"tribe\"), and the\n\nState of Oklahoma (\"state\"), with respect to the operation of\n\ncovered games (as defined herein) on the tribe's Indian lands as\n\ndefined by the Indian Gaming Regulatory Act, 25 U.S.C., Section\n\n2703(4).\n\nPart 1. TITLE\n\nThis document shall be referred to as the \"[Name of Tribe] and\n\nState of Oklahoma Gaming Compact\".\n\nPart 2. RECITALS\n\n1. The tribe is a federally recognized tribal government\n\npossessing sovereign powers and rights of self-government.\n\n2. The State of Oklahoma is a state of the United States of\n\nAmerica possessing the sovereign powers and rights of a state.\n\n3. The state and the tribe maintain a government-to-government\n\nrelationship, and this Compact will help to foster mutual respect\n\nand understanding among Indians and non-Indians.\n\n4. The United States Supreme Court has long recognized the\n\nright of an Indian tribe to regulate activity on lands within its\n\njurisdiction.\n\n5. The tribe desires to offer the play of covered games, as\n\ndefined in paragraphs 5, 10, 11 and 12 of Part 3 of this Compact, as\n\na means of generating revenues for purposes authorized by the Indian\n\nGaming Regulatory Act, 25 U.S.C., Section 2701, et seq., including\n\nwithout limitation the support of tribal governmental programs, such\n\nas health care, housing, sewer and water projects, police,\n\ncorrections, fire, judicial services, highway and bridge\n\nconstruction, general assistance for tribal elders, day care for the\n\nchildren, economic development, educational opportunities and other\n\ntypical and valuable governmental services and programs for tribal\n\nmembers.\n\n6. The state recognizes that the positive effects of this\n\nCompact will extend beyond the tribe's lands to the tribe's\n\nneighbors and surrounding communities and will generally benefit all\n\nof Oklahoma. These positive effects and benefits may include not\n\nonly those described in paragraph 5 of this Part, but also may\n\ninclude increased tourism and related economic development\n\nactivities.\n\n7. The tribe and the state jointly wish to protect their\n\ncitizens from any criminal involvement in the gaming operations\n\nregulated under this Compact.\n\nPart 3. DEFINITIONS\n\nAs used in this Compact:\n\n1. \"Adjusted gross revenues\" means the total receipts received\n\nfrom the play of all covered games minus all prize payouts;\n\n2. \"Annual oversight assessment\" means the assessment described\n\nin subsection B of Part 11 of this Compact;\n\n3. \"Central computer\" means a computer to which player\n\nterminals are linked to allow competition in electronic bonanza-\n\nstyle bingo games;\n\n4. \"Compact\" means this Tribal Gaming Compact between the state\n\nand the tribe, entered into pursuant to Section 280 of this title;\n\n5. \"Covered game\" means the following games conducted in\n\naccordance with the standards, as applicable, set forth in Sections\n\n270 through 277 of this title: an electronic bonanza-style bingo\n\ngame, an electronic amusement game, an electronic instant bingo\n\ngame, nonhouse-banked card games; any other game, if the operation\n\nof such game by a tribe would require a compact and if such game has\n\nbeen: (i) approved by the Oklahoma Horse Racing Commission for use\n\nby an organizational licensee, (ii) approved by state legislation\n\nfor use by any person or entity, or (iii) approved by amendment of\n\nthe State-Tribal Gaming Act; and upon election by the tribe by\n\nwritten supplement to this Compact, any Class II game in use by the\n\ntribe, provided that no exclusivity payments shall be required for\n\nthe operation of such Class II game;\n\n6. \"Covered game employee\" means any individual employed by the\n, or (iii) approved by amendment of\n\nthe State-Tribal Gaming Act; and upon election by the tribe by\n\nwritten supplement to this Compact, any Class II game in use by the\n\ntribe, provided that no exclusivity payments shall be required for\n\nthe operation of such Class II game;\n\n6. \"Covered game employee\" means any individual employed by the\n\nenterprise or a third party providing management services to the\n\nenterprise, whose responsibilities include the rendering of services\n\nwith respect to the operation, maintenance or management of covered\n\ngames. The term \"covered game employee\" includes, but is not\n\nlimited to, the following: managers and assistant managers;\n\naccounting personnel; surveillance and security personnel; cashiers,\n\nsupervisors, and floor personnel; cage personnel; and any other\n\nperson whose employment duties require or authorize access to areas\n\nof the facility related to the conduct of covered games or the\n\nmaintenance or storage of covered game components. This shall not\n\ninclude upper level tribal employees or tribe's elected officials so\n\nlong as such individuals are not directly involved in the operation,\n\nmaintenance, or management of covered game components. The\n\nenterprise may, at its discretion, include other persons employed at\n\nor in connection with the enterprise within the definition of\n\ncovered game employee;\n\n7. \"Documents\" means books, records, electronic, magnetic and\n\ncomputer media documents and other writings and materials, copies\n\nthereof, and information contained therein;\n\n8. \"Effective date\" means the date on which the last of the\n\nconditions set forth in subsection A of Part 15 of this Compact have\n\nbeen met;\n\n9. \"Electronic accounting system\" means an electronic system\n\nthat provides a secure means to receive, store and access data and\n\nrecord critical functions and activities, as set forth in the State-\n\nTribal Gaming Act;\n\n10. \"Electronic amusement game\" means a game that is played in\n\nan electronic environment in which a player's performance and\n\nopportunity for success can be improved by skill that conforms to\n\nthe standards set forth in the State-Tribal Gaming Act;\n\n11. \"Electronic bonanza-style bingo game\" means a game played\n\nin an electronic environment in which some or all of the numbers or\n\nsymbols are drawn or electronically determined before the electronic\n\nbingo cards for that game are sold that conforms to the standards\n\nset forth in the State-Tribal Gaming Act;\n\n12. \"Electronic instant bingo game\" means a game played in an\n\nelectronic environment in which a player wins if his or her\n\nelectronic instant bingo card contains a combination of numbers or\n\nsymbols that was designated in advance of the game as a winning\n\ncombination. There may be multiple winning combinations in each\n\ngame and multiple winning cards that conform to the standards set\n\nforth in the State-Tribal Gaming Act;\n\n13. \"Enterprise\" means the tribe or the tribal agency or\n\nsection of tribal management with direct responsibility for the\n\nconduct of covered games, the tribal business enterprise that\n\nconducts covered games, or a person, corporation or other entity\n\nthat has entered into a management contract with the tribe to\n\nconduct covered games, in accordance with IGRA. The names,\n\naddresses and identifying information of any covered game employees\n\nshall be forwarded to the SCA at least annually. In any event, the\n\ntribe shall have the ultimate responsibility for ensuring that the\n\ntribe or enterprise fulfills the responsibilities under this\n\nCompact. For purposes of enforcement, the tribe is deemed to have\n\nmade all promises for the enterprise;\n\n14. \"Facility\" means any building of the tribe in which the\n\ncovered games authorized by this Compact are conducted by the\n\nenterprise, located on Indian lands as defined by IGRA. The tribe\nmate responsibility for ensuring that the\n\ntribe or enterprise fulfills the responsibilities under this\n\nCompact. For purposes of enforcement, the tribe is deemed to have\n\nmade all promises for the enterprise;\n\n14. \"Facility\" means any building of the tribe in which the\n\ncovered games authorized by this Compact are conducted by the\n\nenterprise, located on Indian lands as defined by IGRA. The tribe\n\nshall have the ultimate responsibility for ensuring that a facility\n\nconforms to the Compact as required herein;\n\n15. \"Game play credits\" means a method of representing value\n\nobtained from the exchange of cash or cash equivalents, or earned as\n\na prize, in connection with electronic gaming. Game play credits\n\nmay be redeemed for cash or a cash equivalent;\n\n16. \"Player terminals\" means electronic or electromechanical\n\nterminals housed in cabinets with input devices and video screens or\n\nelectromechanical displays on which players play electronic bonanza-\n\nstyle bingo games, electronic instant bingo games or electronic\n\namusement games;\n\n17. \"Independent testing laboratory\" means a laboratory of\n\nnational reputation that is demonstrably competent and qualified to\n\nscientifically test and evaluate devices for compliance with this\n\nCompact and to otherwise perform the functions assigned to it in\n\nthis Compact. An independent testing laboratory shall not be owned\n\nor controlled by the tribe, the enterprise, an organizational\n\nlicensee as defined in the State-Tribal Gaming Act, the state, or\n\nany manufacturer, supplier or operator of gaming devices. The\n\nselection of an independent testing laboratory for any purpose under\n\nthis Compact shall be made from a list of one or more laboratories\n\nmutually agreed upon by the parties; provided that the parties\n\nhereby agree that any laboratory upon which the National Indian\n\nGaming Commission has relied for such testing may be utilized for\n\ntesting required by this Compact;\n\n18. \"IGRA\" means the Indian Gaming Regulatory Act, Pub. L. 100-\n\n497, Oct. 17, 1988, 102 Stat. 2467, codified at 25 U.S.C., Section\n\n2701 et seq. and 18 U.S.C., Sections 1166 to 1168;\n\n19. \"Nonhouse-banked card games\" means any card game in which\n\nthe tribe has no interest in the outcome of the game, including\n\ngames played in tournament formats and games in which the tribe\n\ncollects a fee from the player for participating, and all bets are\n\nplaced in a common pool or pot from which all player winnings,\n\nprizes and direct costs are paid. As provided herein,\n\nadministrative fees may be charged by the tribe against any common\n\npool in an amount equal to any fee paid the state; provided that the\n\ntribe may seed the pool as it determines necessary from time to\n\ntime;\n\n20. \"Patron\" means any person who is on the premises of a\n\ngaming facility, for the purpose of playing covered games authorized\n\nby this Compact;\n\n21. \"Principal\" means, with respect to any entity, its sole\n\nproprietor or any partner, trustee, beneficiary or shareholder\n\nholding five percent (5%) or more of its beneficial or controlling\n\nownership, either directly or indirectly, or any officer, director,\n\nprincipal management employee, or key employee thereof;\n\n22. \"Rules and regulations\" means the rules and regulations\n\npromulgated by the Tribal Compliance Agency for implementation of\n\nthis Compact;\n\n23. \"Standards\" means the descriptions and specifications of\n\nelectronic amusement games, electronic bonanza-style bingo games and\n\nelectronic instant bingo games or components thereof as set forth in\n\nSections 270 through 277 of this title as enacted in 2004 or as\n\namended pursuant to paragraph 27 of this Part or subsection D of\n\nPart 13 of this Compact, including technical specifications for\n\ncomponent parts, requirements for cashless transaction systems,\n\nsoftware tools for security and audit purposes, and procedures for\n\noperation of such games;\n\n24. \"State\" means the State of Oklahoma;\nin\n\nSections 270 through 277 of this title as enacted in 2004 or as\n\namended pursuant to paragraph 27 of this Part or subsection D of\n\nPart 13 of this Compact, including technical specifications for\n\ncomponent parts, requirements for cashless transaction systems,\n\nsoftware tools for security and audit purposes, and procedures for\n\noperation of such games;\n\n24. \"State\" means the State of Oklahoma;\n\n25. \"State Compliance Agency\" (\"SCA\") means the state agency\n\nthat has the authority to carry out the state's oversight\n\nresponsibilities under this Compact, which shall be the Office of\n\nManagement and Enterprise Services or its successor agency. Nothing\n\nherein shall supplant the role or duties of the Oklahoma State\n\nBureau of Investigation under state law. The Oklahoma Horse Racing\n\nCommission and the Oklahoma Tax Commission shall have no role in\n\nregulating or oversight of any gaming conducted by a tribe;\n\n26. \"Tribal Compliance Agency\" (\"TCA\") means the tribal\n\ngovernmental agency that has the authority to carry out the tribe's\n\nregulatory and oversight responsibilities under this Compact.\n\nUnless and until otherwise designated by the tribe, the TCA shall be\n\nthe [Name of Tribe] Gaming Commission. No covered game employee may\n\nbe a member or employee of the TCA. The tribe shall have the\n\nultimate responsibility for ensuring that the TCA fulfills its\n\nresponsibilities under this Compact. The members of the TCA shall\n\nbe subject to background investigations and licensed to the extent\n\nrequired by any tribal or federal law, and in accordance with\n\nsubsection B of Part 7 of this Compact. The tribe shall ensure that\n\nall TCA officers and agents are qualified for such position and\n\nreceive ongoing training to obtain and maintain skills that are\n\nsufficient to carry out their responsibilities in accordance with\n\nindustry standards;\n\n27. \"State-Tribal Gaming Act\" means the legislation in which\n\nthis Model Tribal Gaming Compact is set forth and, at the tribe's\n\noption, amendments or successor statutes thereto;\n\n28. \"Tribal law enforcement agency\" means a police or security\n\nforce established and maintained by the tribe pursuant to the\n\ntribe's powers of self-government to carry out law enforcement\n\nduties at or in connection with a facility; and\n\n29. \"Tribe\" means the [Name of Nation].\n\nPart 4. AUTHORIZATION OF COVERED GAMES\n\nA. The tribe and state agree that the tribe is authorized to\n\noperate covered games only in accordance with this Compact.\n\nHowever, nothing in this Compact shall limit the tribe's right to\n\noperate any game that is Class II under IGRA and no Class II games\n\nshall be subject to the exclusivity payments set forth in Part 11 of\n\nthis Compact. In the case of electronic bonanza-style bingo games,\n\nthere have been disagreements between tribes and federal regulators\n\nas to whether or not such games are Class II. Without conceding\n\nthat such games are Class III, the tribe has agreed to compact with\n\nthe state to operate the specific type of electronic bonanza-style\n\nbingo game described in this Compact to remove any legal uncertainty\n\nas to the tribe's right to lawfully operate the game. Should the\n\nelectronic bonanza-style bingo game or the electronic instant bingo\n\ngame described in this act be determined to be Class II by the NIGC\n\nor a federal court, then the tribe shall have the option to operate\n\nsuch games outside of this Compact; provided, any obligations\n\npursuant to subsection F of Part 11 of this Compact shall not be\n\naffected thereby.\n\nB. A tribe shall not operate an electronic bonanza-style bingo\n\ngame, an electronic instant bingo game or an electronic amusement\n\ngame pursuant to this Compact until such game has been certified by\n\nan independent testing laboratory and the TCA as meeting the\n\nstandards set out in the State-Tribal Gaming Act for electronic\n\nbonanza-style bingo games, electronic instant bingo games or\ned thereby.\n\nB. A tribe shall not operate an electronic bonanza-style bingo\n\ngame, an electronic instant bingo game or an electronic amusement\n\ngame pursuant to this Compact until such game has been certified by\n\nan independent testing laboratory and the TCA as meeting the\n\nstandards set out in the State-Tribal Gaming Act for electronic\n\nbonanza-style bingo games, electronic instant bingo games or\n\nelectronic amusement games, as applicable or any standards contained\n\nin the Oklahoma Horse Racing Commission rules issued pursuant to\n\nsubsection B of Section 268 of this title that modify the standards\n\nfor such games that may be conducted by organizational licensees.\n\nProvided, the tribe may rely on any certification of an electronic\n\nbonanza-style bingo game, an electronic instant bingo, or electronic\n\namusement games by the Oklahoma Horse Racing Commission which was\n\nobtained by an organization licensee pursuant to the State-Tribal\n\nGaming Act to establish certification compliance under this Compact.\n\nThe tribe may also rely on any certification of an electronic\n\nbonanza-style bingo game, electronic instant bingo or an electronic\n\namusement game by the TCA obtained by another tribe which has\n\nentered into the model compact to establish certification compliance\n\nunder this Compact.\n\nPart 5. RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR\n\nOPERATIONS\n\nA. Regulations. At all times during the Term of this Compact,\n\nthe tribe shall be responsible for all duties which are assigned to\n\nit, the enterprise, the facility, and the TCA under this Compact.\n\nThe tribe shall promulgate any rules and regulations necessary to\n\nimplement this Compact, which at a minimum shall expressly include\n\nor incorporate by reference all provisions of Part 5 and the\n\nprocedural requirements of Part 6 of this Compact. Nothing in this\n\nCompact shall be construed to affect the tribe's right to amend its\n\nrules and regulations, provided that any such amendment shall be in\n\nconformity with this Compact. The SCA may propose additional rules\n\nand regulations related to implementation of this Compact to the TCA\n\nat any time, and the TCA shall give good faith consideration to such\n\nsuggestions and shall notify the SCA of its response or action with\n\nrespect thereto.\n\nB. Compliance; Internal Control Standards. All enterprises and\n\nfacilities shall comply with, and all covered games approved under\n\nthe procedures set forth in this Compact shall be operated in\n\naccordance with the requirements set forth in this Compact,\n\nincluding, but not limited to, those set forth in subsections C and\n\nD of this Part. In addition, all enterprises and facilities shall\n\ncomply with tribal internal control standards that provide a level\n\nof control that equals or exceeds those set forth in the National\n\nIndian Gaming Commission's Minimum Internal Control Standards (25\n\nC.F.R., Part 542).\n\nC. Records. In addition to other records required to be\n\nmaintained herein, the enterprise or tribe shall maintain the\n\nfollowing records related to implementation of this Compact in\n\npermanent form and as written or entered, whether manually or by\n\ncomputer, and which shall be maintained by the enterprise and made\n\navailable for inspection by the SCA for no less than three (3) years\n\nfrom the date generated:\n\n1. A log recording all surveillance activities in the\n\nmonitoring room of the facility, including, but not limited to,\n\nsurveillance records kept in the normal course of enterprise\n\noperations and in accordance with industry standards; provided,\n\nnotwithstanding anything to the contrary herein, surveillance\n\nrecords may, at the discretion of the enterprise, be destroyed if no\n\nincident has been reported within one (1) year following the date\n\nsuch records were made. Records, as used in this Compact, shall\n\ninclude video tapes and any other storage media;\n\n2. Payout from the conduct of all covered games;\nwith industry standards; provided,\n\nnotwithstanding anything to the contrary herein, surveillance\n\nrecords may, at the discretion of the enterprise, be destroyed if no\n\nincident has been reported within one (1) year following the date\n\nsuch records were made. Records, as used in this Compact, shall\n\ninclude video tapes and any other storage media;\n\n2. Payout from the conduct of all covered games;\n\n3. Maintenance logs for all covered games gaming equipment used\n\nby the enterprise;\n\n4. Security logs as kept in the normal course of conducting and\n\nmaintaining security at the facility, which at a minimum shall\n\nconform to industry practices for such reports. The security logs\n\nshall document any unusual or nonstandard activities, occurrences or\n\nevents at or related to the facility or in connection with the\n\nenterprise. Each incident, without regard to materiality, shall be\n\nassigned a sequential number for each such report. At a minimum,\n\nthe security logs shall consist of the following information, which\n\nshall be recorded in a reasonable fashion noting:\n\na. the assigned number of the incident,\n\nb. the date of the incident,\n\nc. the time of the incident,\n\nd. the location of the incident,\n\ne. the nature of the incident,\n\nf. the identity, including identification information, of\n\nany persons involved in the incident and any known\n\nwitnesses to the incident, and\n\ng. the tribal compliance officer making the report and\n\nany other persons contributing to its preparation;\n\n5. Books and records on all covered game activities of the\n\nenterprise shall be maintained in accordance with generally accepted\n\naccounting principles (GAAP); and\n\n6. All documents generated in accordance with this Compact.\n\nD. Use of Net Revenues. Net revenues that the tribe receives\n\nfrom covered games are to be used for any one or more of those\n\npurposes permitted under IGRA:\n\n1. To fund tribal government operations or programs;\n\n2. To provide for the general welfare of the tribe and its\n\nmembers;\n\n3. To promote tribal economic development;\n\n4. To donate to charitable organizations; or\n\n5. To help fund operations of local government agencies.\n\nE. 1. The tribe's rules and regulations shall require the\n\nenterprise at a minimum to bar persons based on their prior conduct\n\nat the facility or who, because of their criminal history or\n\nassociation with criminal offenders, pose a threat to the integrity\n\nof the conduct of covered games.\n\n2. The TCA shall establish a list of the persons barred from\n\nthe facility.\n\n3. The enterprise shall employ its best efforts to exclude\n\npersons on such list from entry into its facility; provided, neither\n\npersons who are barred but gain access to the facility, nor any\n\nother person, shall have any claim against the state, the tribe or\n\nthe enterprise or any other person for failing to enforce such bar.\n\n4. Patrons who believe they may be playing covered games on a\n\ncompulsive basis may request that their names be placed on the list.\n\nAll covered game employees shall receive training on identifying\n\nplayers who have a problem with compulsive playing and shall be\n\ninstructed to ask them to leave. Signs and other materials shall be\n\nreadily available to direct such compulsive players to agencies\n\nwhere they may receive counseling.\n\nF. Audits. 1. Consistent with 25 C.F.R., Section 571.12,\n\nAudit Standards, the TCA shall ensure that an annual independent\n\nfinancial audit of the enterprise's conduct of covered games subject\n\nto this Compact is secured. The audit shall, at a minimum, examine\n\nrevenues and expenses in connection with the conduct of covered\n\ngames in accordance with generally accepted auditing standards and\n\nshall include, but not be limited to, those matters necessary to\n\nverify the determination of adjusted gross revenues and the basis of\ncial audit of the enterprise's conduct of covered games subject\n\nto this Compact is secured. The audit shall, at a minimum, examine\n\nrevenues and expenses in connection with the conduct of covered\n\ngames in accordance with generally accepted auditing standards and\n\nshall include, but not be limited to, those matters necessary to\n\nverify the determination of adjusted gross revenues and the basis of\n\nthe payments made to the state pursuant to Part 11 of this Compact.\n\n2. The auditor selected by the TCA shall be a firm of known and\n\ndemonstrable experience, expertise and stature in conducting audits\n\nof this kind and scope.\n\n3. The audit shall be concluded within five (5) months\n\nfollowing the close of each calendar year, provided that extensions\n\nmay be requested by the tribe and shall not be refused by the state\n\nwhere the circumstances justifying the extension request are beyond\n\nthe tribe's control.\n\n4. The audit of the conduct of covered games may be conducted\n\nas part of or in conjunction with the audit of the enterprise, but\n\nif so conducted shall be separately stated for the reporting\n\npurposes required herein.\n\n5. The audit shall conform to generally accepted auditing\n\nstandards. As part of the audit report, the auditor shall certify\n\nto the TCA that, in the course of the audit, the auditor discovered\n\nno matters within the scope of the audit which were determined or\n\nbelieved to be in violation of any provision of this Compact.\n\n6. The enterprise shall assume all costs in connection with the\n\naudit.\n\n7. The audit report for the conduct of covered games shall be\n\nsubmitted to the SCA within thirty (30) days of completion. The\n\nauditor's work papers concerning covered games shall be made\n\navailable to the SCA upon request.\n\n8. Representatives of the SCA may, upon request, meet with the\n\nauditors to discuss the work papers, the audit or any matters in\n\nconnection therewith; provided, such discussions are limited to\n\ncovered games information and pursue legitimate state covered games\n\ninterests.\n\nG. Rules for Play of and Prizes for Covered Games. Summaries\n\nof the rules for playing covered games and winning prizes shall be\n\nvisibly displayed in the facility. Complete sets of rules shall be\n\navailable in pamphlet form in the facility.\n\nH. Supervisory Line of Authority. The enterprise shall provide\n\nthe TCA and SCA with a chart of the supervisory lines of authority\n\nwith respect to those directly responsible for the conduct of\n\ncovered games, and shall promptly notify those agencies of any\n\nmaterial changes thereto.\n\nI. Sale of Alcoholic Beverages. The sale and service of\n\nalcoholic beverages in a facility shall be in compliance with state,\n\nfederal and tribal law in regard to the licensing and sale of such\n\nbeverages.\n\nJ. Age Restrictions. No person who would not be eligible to be\n\na patron of a pari-mutuel system of wagering pursuant to the\n\nprovisions of subsection B of Section 208.4 of this title shall be\n\nadmitted into any area in a facility where covered games are played,\n\nnor be permitted to operate, or obtain a prize from or in connection\n\nwith the operation of, any covered game, directly or indirectly.\n\nK. Destruction of Documents. Enterprise books, records and\n\nother materials documenting the conduct of covered games shall be\n\ndestroyed only in accordance with rules and regulations adopted by\n\nthe TCA, which at a minimum shall provide as follows:\n\n1. Material that might be utilized in connection with a\n\npotential tort claim pursuant to Part 6 of this Compact, including,\n\nbut not limited to, incident reports, surveillance records,\n\nstatements, and the like, shall be maintained at least one (1) year\n\nbeyond the time which a claim can be made under Part 6 of this\n\nCompact or, if a tort claim is made, beyond the final disposition of\n\nsuch claim;\n\n2. Material that might be utilized in connection with a prize\nal tort claim pursuant to Part 6 of this Compact, including,\n\nbut not limited to, incident reports, surveillance records,\n\nstatements, and the like, shall be maintained at least one (1) year\n\nbeyond the time which a claim can be made under Part 6 of this\n\nCompact or, if a tort claim is made, beyond the final disposition of\n\nsuch claim;\n\n2. Material that might be utilized in connection with a prize\n\nclaim, including but not limited to incident reports, surveillance\n\nrecords, statements, and the like, shall be maintained at least one\n\nhundred eighty (180) days beyond the time which a claim can be made\n\nunder Part 6 of this Compact or, if a prize claim is made, beyond\n\nthe final disposition of such claim; and\n\n3. Notwithstanding anything herein to the contrary, all\n\nenterprise books and records with respect to the conduct of covered\n\ngames or the operation of the enterprise, including, but not limited\n\nto, all interim and final financial and audit reports and materials\n\nrelated thereto which have been generated in the ordinary course of\n\nbusiness, shall be maintained for the minimum period of three (3)\n\nyears.\n\nL. Location. The tribe may establish and operate enterprises\n\nand facilities that operate covered games only on its Indian lands\n\nas defined by IGRA. The tribe shall notify the SCA of the operation\n\nof any new facility following the effective date of this Compact.\n\nNothing herein shall be construed as expanding or otherwise altering\n\nthe term \"Indian lands\", as that term is defined in the IGRA, nor\n\nshall anything herein be construed as altering the federal process\n\ngoverning the tribal acquisition of \"Indian lands\" for gaming\n\npurposes.\n\nM. Records of Covered Games. The TCA shall keep a record of,\n\nand shall report at least quarterly to the SCA, the number of\n\ncovered games in each facility, by the name or type of each and its\n\nidentifying number.\n\nPART 6. TORT CLAIMS; PRIZE CLAIMS; LIMITED CONSENT TO SUIT\n\nA. Tort Claims. The enterprise shall ensure that patrons of a\n\nfacility are afforded due process in seeking and receiving just and\n\nreasonable compensation for a tort claim for personal injury or\n\nproperty damage against the enterprise arising out of incidents\n\noccurring at a facility, hereinafter \"tort claim\", as follows:\n\n1. During the term of this Compact, the enterprise shall\n\nmaintain public liability insurance for the express purposes of\n\ncovering and satisfying tort claims. The insurance shall have\n\nliability limits of not less than Two Hundred Fifty Thousand Dollars\n\n($250,000.00) for any one person and Two Million Dollars\n\n($2,000,000.00) for any one occurrence for personal injury, and One\n\nMillion Dollars ($1,000,000.00) for any one occurrence for property\n\ndamage, hereinafter the \"limit of liability\", or the corresponding\n\nlimits under the Governmental Tort Claims Act, whichever is greater.\n\nNo tort claim shall be paid, or be the subject of any award, in\n\nexcess of the limit of liability;\n\n2. The tribe consents to suit on a limited basis with respect\n\nto tort claims subject to the limitations set forth in this\n\nsubsection and subsection C of this Part. No consents to suit with\n\nrespect to tort claims, or as to any other claims against the tribe\n\nshall be deemed to have been made under this Compact, except as\n\nprovided in subsections B and C of this Part;\n\n3. The enterprise's insurance policy shall include an\n\nendorsement providing that the insurer may not invoke tribal\n\nsovereign immunity in connection with any claim made within the\n\nlimit of liability if the claim complies with the limited consent\n\nprovisions of subsection C of this Part. Copies of all such\n\ninsurance policies shall be forwarded to the SCA;\n\n4. Any patron having a tort claim shall file a written tort\n\nclaim notice by delivery to the enterprise or the TCA. The date the\n\ntort claim notice is filed with the enterprise or the TCA shall be\ny claim made within the\n\nlimit of liability if the claim complies with the limited consent\n\nprovisions of subsection C of this Part. Copies of all such\n\ninsurance policies shall be forwarded to the SCA;\n\n4. Any patron having a tort claim shall file a written tort\n\nclaim notice by delivery to the enterprise or the TCA. The date the\n\ntort claim notice is filed with the enterprise or the TCA shall be\n\ndeemed the official date of filing the tort claim notice. The tort\n\nclaim notice shall be filed within one (1) year of the date of the\n\nevent which allegedly caused the claimed loss. Failure to file the\n\ntort claim notice during such period of time shall forever bar such\n\ntort claim; provided that a tort claim notice filed with the\n\nenterprise or the TCA more than ninety (90) days, but within one (1)\n\nyear, after the event shall be deemed to be timely filed, but any\n\njudgment thereon shall be reduced by ten percent (10%).\n\n5. If the tort claim notice is filed with the TCA, the TCA\n\nshall forward a copy of the tort claim to the enterprise and the SCA\n\nwithin forty-eight (48) hours of filing, and if the tort claim\n\nnotice is filed with the enterprise, the enterprise shall forward a\n\ncopy of the tort claim to the TCA and the SCA within forty-eight\n\n(48) hours of filing;\n\n6. The tort claim notice shall state the date, time, place and\n\ncircumstances of the incident upon which the tort claim is based,\n\nthe identity of any persons known to have information regarding the\n\nincident, including employees or others involved in or who witnessed\n\nthe incident, the amount of compensation and the basis for said\n\nrelief; the name, address and telephone number of the claimant, and\n\nthe name, address and telephone number of any representative\n\nauthorized to act or settle the claim on behalf of the claimant;\n\n7. All tort claim notices shall be signed by the claimant. The\n\nrules and regulations may additionally require that the tort claim\n\nnotices be signed under oath. The rules and regulations may also\n\nrequire that as a condition of prosecuting tort claims, the claimant\n\nshall appear to be interviewed or deposed at least once under\n\nreasonable circumstances, which shall include the attendance of the\n\nclaimant's legal counsel if requested; provided that the enterprise\n\nshall afford claimant at least thirty (30) days' written notice of\n\nthe interview or deposition; and provided further that the\n\nclaimant's failure to appear without cause for any interview or\n\ndeposition properly noticed pursuant to this paragraph shall be\n\ndeemed a voluntary withdrawal of the tort claim;\n\n8. The enterprise shall promptly review, investigate, and make\n\na determination regarding the tort claim. Any portion of a tort\n\nclaim which is unresolved shall be deemed denied if the enterprise\n\nfails to notify the claimant in writing of its approval within\n\nninety (90) days of the filing date, unless the parties by written\n\nagreement extend the date by which a denial shall be deemed issued\n\nif no other action is taken. Each extension shall be for no more\n\nthan ninety (90) days, but there shall be no limit on the number of\n\nwritten agreements for extensions; provided, that no written\n\nagreement for extension shall be valid unless signed by the claimant\n\nand an authorized representative of the enterprise. The claimant\n\nand the enterprise may continue attempts to settle a claim beyond an\n\nextended date; provided, settlement negotiations shall not extend\n\nthe date of denial in the absence of a written agreement for\n\nextension as required by this paragraph;\n\n9. A judicial proceeding for any cause arising from a tort\n\nclaim may be maintained in accordance with and subject to the\n\nlimitations of subsection C of this Part only if the following\n\nrequirements have been met:\n\na. the claimant has followed all procedures required by\n\nthis Part, including, without limitation, the delivery\nce of a written agreement for\n\nextension as required by this paragraph;\n\n9. A judicial proceeding for any cause arising from a tort\n\nclaim may be maintained in accordance with and subject to the\n\nlimitations of subsection C of this Part only if the following\n\nrequirements have been met:\n\na. the claimant has followed all procedures required by\n\nthis Part, including, without limitation, the delivery\n\nof a valid and timely written tort claim notice to the\n\nenterprise,\n\nb. the enterprise has denied the tort claim, and\n\nc. the claimant has filed the judicial proceeding no\n\nlater than the one-hundred-eightieth day after denial\n\nof the claim by the enterprise; provided, that neither\n\nthe claimant nor the enterprise may agree to extend\n\nthe time to commence a judicial proceeding; and\n\n10. Notices explaining the procedure and time limitations with\n\nrespect to making a tort claim shall be prominently posted in the\n\nfacility. Such notices shall explain the method and places for\n\nmaking a tort claim, that this procedure is the exclusive method of\n\nmaking a tort claim, and that claims that do not follow these\n\nprocedures shall be forever barred. The enterprise shall make\n\npamphlets containing the requirements in this subsection readily\n\navailable to all patrons of the facility and shall provide such\n\npamphlets to a claimant within five (5) days of the filing of a\n\nclaim.\n\nB. Prize Claims. The enterprise shall ensure that patrons of a\n\nfacility are afforded due process in seeking and receiving just and\n\nreasonable compensation arising from a patron's dispute, in\n\nconnection with his or her play of any covered game, the amount of\n\nany prize which has been awarded, the failure to be awarded a prize,\n\nor the right to receive a refund or other compensation, hereafter\n\n\"prize claim\", as follows:\n\n1. The tribe consents to suit on a limited basis with respect\n\nto prize claims against the enterprise only as set forth in\n\nsubsection C of this Part; no consents to suit with respect to prize\n\nclaims, or as to any other claims against the tribe shall be deemed\n\nto have been made under this Compact, except as provided in\n\nsubsections A and C of this Part;\n\n2. The maximum amount of any prize claim shall be the amount of\n\nthe prize which the claimant establishes he or she was entitled to\n\nbe awarded, hereafter \"prize limit\";\n\n3. Any patron having a prize claim shall file a written prize\n\nclaim notice by delivery to the enterprise or the TCA. The date the\n\nprize claim is filed with the enterprise or the TCA shall be deemed\n\nthe official date of filing the prize claim notice. The prize claim\n\nnotice shall be filed within ten (10) days of the event which is the\n\nbasis of the claim. Failure to file the prize claim notice during\n\nsuch period of time shall forever bar such prize claim;\n\n4. If the prize claim notice is filed with the TCA, the TCA\n\nshall forward a copy of the prize claim to the enterprise and the\n\nSCA within forty-eight (48) hours of its filing; and if the prize\n\nclaim notice is filed with the enterprise, the enterprise shall\n\nforward a copy of the tort claim to the TCA and the SCA within\n\nforty-eight (48) hours of filing;\n\n5. The written prize claim notice shall state the date, time,\n\nplace and circumstances of the incident upon which the prize claim\n\nis based, the identity of any persons known to have information\n\nregarding the incident, including employees or others involved in or\n\nwho witnessed the incident, the amount demanded and the basis for\n\nsaid amount, the name, address and telephone number of the claimant,\n\nand the name, address and telephone number of any representative\n\nauthorized to act or settle the claim on behalf of the claimant;\n\n6. All notices of prize claims shall be signed by the claimant.\n\nThe rules and regulations may additionally require that the prize\n\nclaim notices be signed under oath;\nnt demanded and the basis for\n\nsaid amount, the name, address and telephone number of the claimant,\n\nand the name, address and telephone number of any representative\n\nauthorized to act or settle the claim on behalf of the claimant;\n\n6. All notices of prize claims shall be signed by the claimant.\n\nThe rules and regulations may additionally require that the prize\n\nclaim notices be signed under oath;\n\n7. The enterprise shall promptly review, investigate and make a\n\ndetermination regarding the prize claim. Claimants shall cooperate\n\nin providing information, including personal sworn statements and\n\nagreeing to be interviewed, as the enterprise shall reasonably\n\nrequest. The claimant is permitted to have counsel present during\n\nany such interview;\n\n8. If the prize claim is not resolved within seventy-two (72)\n\nhours from the time of filing the claim in accordance with paragraph\n\n5 of this subsection, the TCA shall immediately notify the SCA in\n\nwriting that the claim has not been resolved;\n\n9. In the event the claim is resolved, the TCA shall not be\n\nobligated to report that fact to the SCA, but shall make TCA reports\n\navailable for review;\n\n10. Any portion of a prize claim which is unresolved shall be\n\ndeemed denied if the enterprise fails to notify the claimant in\n\nwriting of its approval within thirty (30) days of the filing date,\n\nunless the parties agree by written agreement to extend the date.\n\nEach extension shall be for no more than thirty (30) days, but there\n\nshall be no limit on the number of written agreements for\n\nextensions; provided, that no written agreements for extension shall\n\nbe valid unless signed by the claimant and an authorized\n\nrepresentative of the TCA. The claimant and the enterprise may\n\ncontinue attempts to settle a claim beyond an extended date;\n\nprovided, settlement negotiations shall not extend the date of\n\ndenial in the absence of a written extension required by this\n\nparagraph;\n\n11. A judicial proceeding for any cause arising from a prize\n\nclaim may be maintained in accordance with and subject to the\n\nlimitations of subsection C of this Part only if the following\n\nrequirements have been met:\n\na. the claimant has followed all procedures required by\n\nthis Part, including without limitation, the delivery\n\nof a valid and timely written prize claim notice to\n\nthe enterprise,\n\nb. the enterprise has denied the prize claim, and\n\nc. the claimant has filed the judicial proceeding no\n\nlater than one hundred eighty (180) days after denial\n\nof the claim by the enterprise; provided that neither\n\nthe claimant nor the enterprise may extend the time to\n\ncommence a judicial proceeding; and\n\n12. Notices explaining the procedure and time limitations with\n\nrespect to making a prize claim shall be prominently posted in the\n\nfacility. Such notices shall explain the method and places for\n\nmaking claims, that this procedure is the exclusive method of making\n\na prize claim, and that claims that do not follow this procedure\n\nshall be forever barred. The enterprise shall make pamphlets\n\ncontaining the requirements in this subsection readily available to\n\nall patrons of the facility and shall provide such pamphlets to a\n\nclaimant by the TCA within five (5) days of the filing date of a\n\nclaim.\n\nC. Limited Consent to Suit for Tort Claims and Prize Claims.\n\nThe tribe consents to suit against the enterprise in a court of\n\ncompetent jurisdiction with respect to a tort claim or prize claim\n\nif all requirements of paragraph 9 of subsection A or all\n\nrequirements of paragraph 11 of subsection B of this Part have been\n\nmet; provided that such consent shall be subject to the following\n\nadditional conditions and limitations:\n\n1. For tort claims, consent to suit is granted only to the\n\nextent such claim or any award or judgment rendered thereon does not\n\nexceed the limit of liability. Under no circumstances shall any\nraph 9 of subsection A or all\n\nrequirements of paragraph 11 of subsection B of this Part have been\n\nmet; provided that such consent shall be subject to the following\n\nadditional conditions and limitations:\n\n1. For tort claims, consent to suit is granted only to the\n\nextent such claim or any award or judgment rendered thereon does not\n\nexceed the limit of liability. Under no circumstances shall any\n\nconsent to suit be effective as to any award which exceeds such\n\napplicable amounts. This consent shall only extend to the patron\n\nactually claiming to have been injured. A tort claim shall not be\n\nassignable. In the event any assignment of the tort claim is made\n\nin violation of this Compact, or any person other than the patron\n\nclaiming the injury becomes a party to any action hereunder, this\n\nconsent shall be deemed revoked for all purposes. Notwithstanding\n\nthe foregoing, consent to suit shall not be revoked if an action on\n\na tort claim is filed by (i) a court appointed representative of a\n\nclaimant's estate, (ii) an indispensable party, or (iii) a health\n\nprovider or other party subrogated to the claimant's rights by\n\nvirtue of any insurance policy; provided, that nothing herein is\n\nintended to, or shall constitute a consent to suit against the\n\nenterprise as to such party except to the extent such party's claim\n\nis:\n\na. in lieu of and identical to the claim that would have\n\nbeen made by the claimant directly but for the\n\nappointment of said representative or indispensable\n\nparty, and participation of such other party is in\n\nlieu of and not in addition to pursuit of the claim by\n\nthe patron, and\n\nb. the claim of such other party would have been subject\n\nto a consent to suit hereunder if it had been made by\n\nthe claimant directly; and\n\n2. For prize claims, consent is granted only to the extent such\n\nclaim does not exceed the prize limit. Under no circumstances shall\n\nany award exceed the prize limit. This consent shall only extend to\n\nthe patron actually claiming to have engaged in the play of a\n\ncovered game on which the claim is based. Prize claims shall not be\n\nassignable. In the event any assignment of the prize claim is made,\n\nor any person other than the claimant entitled to make the claim\n\nbecomes a party to any action hereunder, this consent shall be\n\ndeemed revoked for all purposes. Notwithstanding the foregoing,\n\nconsent to suit shall not be revoked if an action on a prize claim\n\nis filed by (i) a court-appointed representative of a claimant's\n\nestate, or (ii) an indispensable party, provided that nothing herein\n\nis intended to, or shall constitute a consent to suit against the\n\nenterprise as to such party except to the extent such party's claim\n\nis:\n\na. in lieu of and identical to the claim that would have\n\nbeen made by the claimant directly but for the\n\nappointment of said representative or indispensable\n\nparty, and participation of such other party is in\n\nlieu of and not in addition to pursuit of the claim by\n\nthe patron, and\n\nb. the claim of such other party would have been subject\n\nto a consent to suit hereunder if it had been made by\n\nthe claimant directly.\n\nD. Remedies in the Event of No or Inadequate Insurance for Tort\n\nClaim. In the event a tort claim is made and there is no, or\n\ninadequate, insurance in effect as required under this Compact, the\n\nenterprise shall be deemed to be in default hereunder unless, within\n\nten (10) days of a demand by the SCA or a claimant to do so, the\n\nenterprise has posted in an irrevocable escrow account at a state or\n\nfederally chartered bank which is not owned or controlled by the\n\ntribe, sufficient cash, a bond or other security sufficient to cover\n\nany award that might be made within the limits set forth in\n\nparagraph 1 of subsection A of this Part, and informs the claimant\n\nand the state of:\n\n1. The posting of the cash or bond;\n\n2. The means by which the deposit can be independently verified\nat a state or\n\nfederally chartered bank which is not owned or controlled by the\n\ntribe, sufficient cash, a bond or other security sufficient to cover\n\nany award that might be made within the limits set forth in\n\nparagraph 1 of subsection A of this Part, and informs the claimant\n\nand the state of:\n\n1. The posting of the cash or bond;\n\n2. The means by which the deposit can be independently verified\n\nas to the amount and the fact that it is irrevocable until the\n\nmatter is finally resolved;\n\n3. The right of the claimant to have this claim satisfied from\n\nthe deposit if the claimant is successful on the claim; and\n\n4. The notice and hearing opportunities in accordance with the\n\ntribe's tort law, if any, otherwise in accordance with principles of\n\ndue process, which will be afforded to the claimant so that the\n\nintent of this Compact to provide claimants with a meaningful\n\nopportunity to seek a just remedy under fair conditions will be\n\nfulfilled.\n\nPart 7. ENFORCEMENT OF COMPACT PROVISIONS\n\nA. The tribe and TCA shall be responsible for regulating\n\nactivities pursuant to this Compact. As part of its\n\nresponsibilities, the tribe shall require the enterprise do the\n\nfollowing:\n\n1. Operate the conduct of covered games in compliance with this\n\nCompact, including, but not limited to, the standards and the\n\ntribe's rules and regulations;\n\n2. Take reasonable measures to assure the physical safety of\n\nenterprise patrons and personnel, prevent illegal activity at the\n\nfacility, and protect any rights of patrons under the Indian Civil\n\nRights Act, 25 U.S.C., Sec. 1302-1303;\n\n3. Promptly notify appropriate law enforcement authorities of\n\npersons who may be involved in illegal acts in accordance with\n\napplicable law;\n\n4. Assure that the construction and maintenance of the facility\n\nmeets or exceeds federal and tribal standards for comparable\n\nbuildings; and\n\n5. Prepare adequate emergency access plans to ensure the health\n\nand safety of all covered game patrons. Upon the finalization of\n\nemergency access plans, the TCA or enterprise shall forward copies\n\nof such plans to the SCA.\n\nB. All licenses for members and employees of the TCA shall be\n\nissued according to the same standards and terms applicable to\n\nfacility employees. The TCA shall employ qualified compliance\n\nofficers under the authority of the TCA. The compliance officers\n\nshall be independent of the enterprise, and shall be supervised and\n\naccountable only to the TCA. A TCA compliance officer shall be\n\navailable to the facility during all hours of operation upon\n\nreasonable notice, and shall have immediate access to any and all\n\nareas of the facility for the purpose of ensuring compliance with\n\nthe provisions of this Compact. The TCA shall investigate any such\n\nsuspected or reported violation of this Compact and shall require\n\nthe enterprise to correct such violations. The TCA shall officially\n\nenter into its files timely written reports of investigations and\n\nany action taken thereon, and shall forward copies of such reports\n\nto the SCA within fifteen (15) days of such filing. Any such\n\nviolations shall be reported immediately to the TCA, and the TCA\n\nshall immediately forward the same to the SCA. In addition, the TCA\n\nshall promptly report to the SCA any such violations which it\n\nindependently discovers.\n\nC. In order to develop and foster a positive and effective\n\nrelationship in the enforcement of the provisions of this Compact,\n\nrepresentatives of the TCA and the SCA shall meet, not less than on\n\nan annual basis, to review past practices and examine methods to\n\nimprove the regulatory scheme created by this Compact. The meetings\n\nshall take place at a location mutually agreed to by the TCA and the\n\nSCA. The SCA, prior to or during such meetings, shall disclose to\n\nthe TCA any concerns, suspected activities, or pending matters\non\n\nan annual basis, to review past practices and examine methods to\n\nimprove the regulatory scheme created by this Compact. The meetings\n\nshall take place at a location mutually agreed to by the TCA and the\n\nSCA. The SCA, prior to or during such meetings, shall disclose to\n\nthe TCA any concerns, suspected activities, or pending matters\n\nreasonably believed to possibly constitute violations of this\n\nCompact by any person, organization or entity, if such disclosure\n\nwill not compromise the interest sought to be protected.\n\nPart 8. STATE MONITORING OF COMPACT\n\nA. The SCA shall, pursuant to the provisions of this Compact,\n\nhave the authority to monitor the conduct of covered games to ensure\n\nthat the covered games are conducted in compliance with the\n\nprovisions of this Compact. In order to properly monitor the\n\nconduct of covered games, agents of the SCA shall have reasonable\n\naccess to all areas of the facility related to the conduct of\n\ncovered games as provided herein:\n\n1. Access to the facility by the SCA shall be during the\n\nfacility's normal operating hours only; provided that to the extent\n\nsuch inspections are limited to areas of the facility where the\n\npublic is normally permitted, SCA agents may inspect the facility\n\nwithout giving prior notice to the enterprise;\n\n2. Any suspected or claimed violations of this Compact or of\n\nlaw shall be directed in writing to the TCA; SCA agents shall not\n\ninterfere with the functioning of the enterprise; and\n\n3. Before SCA agents enter any nonpublic area of the facility,\n\nthey shall provide proper photographic identification to the TCA.\n\nSCA agents shall be accompanied in nonpublic areas of the facility\n\nby a TCA agent. A one-hour notice by SCA to the TCA may be required\n\nto assure that a TCA officer is available to accompany SCA agents at\n\nall times.\n\nB. Subject to the provisions herein, agents of the SCA shall\n\nhave the right to review and copy documents of the enterprise\n\nrelated to its conduct of covered games. The review and copying of\n\nsuch documents shall be during normal business hours or hours\n\notherwise at tribe's discretion. However, the SCA shall not be\n\npermitted to copy those portions of any documents of the enterprise\n\nrelated to its conduct of covered games that contain business or\n\nmarketing strategies or other proprietary and confidential\n\ninformation of the enterprise, including, but not limited to,\n\ncustomer lists, business plans, advertising programs, marketing\n\nstudies, and customer demographics or profiles. No documents of the\n\nenterprise related to its conduct of covered games or copies thereof\n\nshall be released to the public by the state under any\n\ncircumstances. All such documents shall be deemed confidential\n\ndocuments owned by the tribe and shall not be subject to public\n\nrelease by the state.\n\nC. At the completion of any SCA inspection or investigation,\n\nthe SCA shall forward a written report thereof to the TCA. The TCA\n\nshall be apprised on a timely basis of all pertinent,\n\nnonconfidential information regarding any violation of federal,\n\nstate, or tribal laws, the rules or regulations, or this Compact.\n\nNothing herein prevents the SCA from contacting tribal or federal\n\nlaw enforcement authorities for suspected criminal wrongdoing\n\ninvolving the TCA. TCA may interview SCA inspectors upon reasonable\n\nnotice and examine work papers and SCA in the same fashion that SCA\n\ninspectors may examine auditors' notes and make auditor inquiry\n\nunless providing such information to the TCA will compromise the\n\ninterests sought to be protected. If the SCA determines that\n\nproviding the information to the TCA will compromise the interests\n\nsought to be protected, then the SCA shall provide such information\n\nto the tribe in accordance with Part 13 of this Compact.\n\nD. Nothing in this Compact shall be deemed to authorize the\nauditor inquiry\n\nunless providing such information to the TCA will compromise the\n\ninterests sought to be protected. If the SCA determines that\n\nproviding the information to the TCA will compromise the interests\n\nsought to be protected, then the SCA shall provide such information\n\nto the tribe in accordance with Part 13 of this Compact.\n\nD. Nothing in this Compact shall be deemed to authorize the\n\nstate to regulate the tribe's government, including the TCA, or to\n\ninterfere in any way with the tribe's selection of its governmental\n\nofficers, including members of the TCA; provided, however, the SCA\n\nand the tribe, upon request of the tribe, shall jointly employ, at\n\nthe tribe's expense, an independent firm to perform on behalf of the\n\nSCA the duties set forth in subsections A and B of this Part.\n\nPart 9. JURISDICTION\n\nThis Compact shall not alter tribal, federal or state civil\n\nadjudicatory or criminal jurisdiction.\n\nPart 10. LICENSING\n\nA. 1. Except as provided in paragraph 6 of Part 3 of this\n\nCompact, no covered game employee shall be employed at a facility or\n\nby an enterprise unless such person is licensed in accordance with\n\nthis Compact. In addition to the provisions of this Part which are\n\napplicable to the licensing of all covered game employees, the\n\nrequirements of 25 C.F.R., Part 556, Background Investigations for\n\nPrimary Management Officials and Key Employees, and 25 C.F.R., Part\n\n558, Gaming Licenses for Key Employees and Primary Management\n\nOfficials, apply to Key Employees and Primary Management Officials\n\nof the facility and enterprise.\n\n2. All prospective covered game employees shall apply to the\n\nTCA for a license. Licenses shall be issued for periods of no more\n\nthan two (2) years, after which they may be renewed only following\n\nreview and update of the information upon which the license was\n\nbased; provided, the TCA may extend the period in which the license\n\nis valid for a reasonable time pending the outcome of any\n\ninvestigation being conducted in connection with the renewal of such\n\nlicense. In the event the SCA contends that any such extension is\n\nunreasonable, it may seek resolution of that issue pursuant to Part\n\n11 of this Compact.\n\n3. The application process shall require the TCA to obtain\n\nsufficient information and identification from the applicant to\n\npermit a background investigation to determine if a license should\n\nbe issued in accordance with this Part and the rules and\n\nregulations. The TCA shall obtain information about a prospective\n\ncovered game employee that includes:\n\na. full name, including any aliases by which applicant\n\nhas ever been known,\n\nb. social security number,\n\nc. date and place of birth,\n\nd. residential addresses for the past five (5) years,\n\ne. employment history for the past five (5) years,\n\nf. driver license number,\n\ng. all licenses issued and disciplinary charges filed,\n\nwhether or not discipline was imposed, by any state or\n\ntribal regulatory authority,\n\nh. all criminal arrests and proceedings, except for minor\n\ntraffic offenses, to which the applicant has been a\n\nparty,\n\ni. a set of fingerprints,\n\nj. a current photograph,\n\nk. military service history, and\n\nl. any other information the TCA determines is necessary\n\nto conduct a thorough background investigation.\n\n4. Upon obtaining the required initial information from a\n\nprospective covered game employee, the TCA shall forward a copy of\n\nsuch information to the SCA, along with any determinations made with\n\nrespect to the issuance or denial of a temporary or permanent\n\nlicense. The SCA may conduct its own background investigation of\n\nthe applicant at SCA expense, shall notify the TCA of such\n\ninvestigation within a reasonable time from initiation of the\n\ninvestigation, and shall provide a written report to the TCA of the\n\noutcome of such investigation within a reasonable time from the\n\nreceipt of a request from the TCA for such information. SCA\nary or permanent\n\nlicense. The SCA may conduct its own background investigation of\n\nthe applicant at SCA expense, shall notify the TCA of such\n\ninvestigation within a reasonable time from initiation of the\n\ninvestigation, and shall provide a written report to the TCA of the\n\noutcome of such investigation within a reasonable time from the\n\nreceipt of a request from the TCA for such information. SCA\n\ninspector field notes and the SCA inspector shall be available upon\n\nreasonable notice for TCA review and inquiry.\n\n5. The TCA may issue a temporary license for a period not to\n\nexceed ninety (90) days, and the enterprise may employ on a\n\nprobationary basis, any prospective covered game employee who\n\nrepresents in writing that he or she meets the standards set forth\n\nin this Part, provided the TCA or enterprise is not in possession of\n\ninformation to the contrary. The temporary license shall expire at\n\nthe end of the ninety-day period or upon issuance or denial of a\n\npermanent license, whichever event occurs first. Provided that the\n\ntemporary license period may be extended at the discretion of the\n\nTCA so long as good faith efforts are being made by the applicant to\n\nprovide required information, or the TCA is continuing to conduct\n\nits investigation or is waiting on information from others, and\n\nprovided further that in the course of such temporary or extended\n\ntemporary licensing period, no information has come to the attention\n\nof the TCA which, in the absence of countervailing information then\n\nin the record, would otherwise require denial of license. A\n\npermanent license shall be issued or denied within a reasonable time\n\nfollowing the completion of the applicant's background\n\ninvestigation.\n\n6. In covered gaming the tribe shall not employ and shall\n\nterminate, and the TCA shall not license and shall revoke a license\n\npreviously issued to, any covered game employee who:\n\na. has been convicted of any felony or an offense related\n\nto any covered games or other gaming activity,\n\nb. has knowingly and willfully provided false material,\n\nstatements or information on his or her employment\n\napplication, or\n\nc. is a person whose prior activities, criminal record,\n\nor reputation, habits, and associations pose a threat\n\nto the public interest or to the effective regulation\n\nand control of the conduct of covered games, or create\n\nor enhance the dangers of unsuitable, unfair, or\n\nillegal practices, methods, and activities in the\n\nconduct of covered games or the carrying on of the\n\nbusiness and financial arrangements incidental\n\nthereto.\n\n7. The SCA may object to the employment of any individual by\n\nthe enterprise based upon the criteria set forth in paragraph 6 of\n\nsubsection A of this Part. Such objection shall be in writing\n\nsetting forth the basis of the objection. The SCA inspector's work\n\npapers, notes and exhibits which formed the SCA conclusion shall be\n\navailable upon reasonable notice for TCA review. The enterprise\n\nshall have discretion to employ an individual over the objection of\n\nthe SCA.\n\n8. The TCA shall have the discretion to initiate or continue a\n\nbackground investigation of any licensee or license applicant and to\n\ntake appropriate action with respect to the issuance or continued\n\nvalidity of any license at any time, including suspending or\n\nrevoking such license.\n\n9. The TCA shall require all covered game employees to wear, in\n\nplain view, identification cards issued by the TCA which include a\n\nphotograph of the employee, his or her first name, a four-digit\n\nidentification number unique to the license issued to the employee,\n\na tribal seal or signature verifying official issuance of the card,\n\nand a date of expiration, which shall not extend beyond such\n\nemployee's license expiration date.\n\nB. 1. Any person or entity who, directly or indirectly,\n\nprovides or is likely to provide at least Twenty-five Thousand\nloyee, his or her first name, a four-digit\n\nidentification number unique to the license issued to the employee,\n\na tribal seal or signature verifying official issuance of the card,\n\nand a date of expiration, which shall not extend beyond such\n\nemployee's license expiration date.\n\nB. 1. Any person or entity who, directly or indirectly,\n\nprovides or is likely to provide at least Twenty-five Thousand\n\nDollars ($25,000.00) in goods or services to the enterprise in any\n\ntwelve-month period, or who has received at least Twenty-five\n\nThousand Dollars ($25,000.00) for goods or services provided to the\n\nenterprise in any consecutive twelve-month period within the\n\nimmediately preceding twenty-four-month period, or any person or\n\nentity who provides through sale, lease, rental or otherwise covered\n\ngames, or parts, maintenance or service in connection therewith to\n\nthe tribe or the enterprise at any time and in any amount, shall be\n\nlicensed by the TCA prior to the provision thereof. Provided, that\n\nattorneys or certified public accountants and their firms shall be\n\nexempt from the licensing requirement herein to the extent that they\n\nare providing services covered by their professional licenses.\n\n2. Background investigations and licensing shall follow the\n\nsame process and apply the same criteria as for covered game\n\nemployees set forth in paragraph 6 of subsection A of this Part.\n\n3. In the case of a license application of any entity, all\n\nprincipals thereof shall be subjected to the same background\n\ninvestigation required for the licensing of a covered game employee,\n\nbut no license as such need be issued; provided, no license shall be\n\nissued to the entity if the TCA determines that one or more of its\n\nprincipals will be persons who would not be qualified to receive a\n\nlicense if they applied as covered game employees.\n\n4. Nothing herein shall prohibit the TCA from processing and\n\nissuing a license to a principal in his or her own name.\n\n5. Licenses issued under this subsection shall be reviewed at\n\nleast every two (2) years for continuing compliance, and shall be\n\npromptly revoked if the licensee is determined to be in violation of\n\nthe standards set forth in paragraph 6 of subsection A of this Part.\n\nIn connection with such a review, the TCA shall require the person\n\nor entity to update all information provided in the previous\n\napplication.\n\n6. The enterprise shall not enter into, or continue to make\n\npayments pursuant to, any contract or agreement for the provision of\n\ngoods or services with any person or entity who does not meet the\n\nrequirements of this Part including, but not limited to, any person\n\nor entity whose application to the TCA for a license has been\n\ndenied, or whose license has expired or been suspended or revoked.\n\n7. Pursuant to 25 C.F.R., Part 533, all management contracts\n\nmust be approved by the Chair of the National Indian Gaming\n\nCommission. The SCA shall be notified promptly after any such\n\napproval.\n\n8. In addition to any licensing criteria set forth above, if\n\nany person or entity seeking licensing under this subsection is to\n\nreceive any fee or other payment based on the revenues or profits of\n\nthe enterprise, the TCA may take into account whether or not such\n\nfee or other payment is fair in light of market conditions and\n\npractices.\n\nC. 1. Subject to the exceptions set forth in paragraph 4 of\n\nthis subsection, any person or entity extending financing, directly\n\nor indirectly, to the facility or enterprise in excess of Fifty\n\nThousand Dollars ($50,000.00) in any twelve-month period shall be\n\nlicensed prior to providing such financing. Principals thereof\n\nshall be subjected to background investigations and determinations\n\nin accordance with the procedures and standards set forth in\n\nsubsection A of this Part. Licenses issued under this section shall\nof Fifty\n\nThousand Dollars ($50,000.00) in any twelve-month period shall be\n\nlicensed prior to providing such financing. Principals thereof\n\nshall be subjected to background investigations and determinations\n\nin accordance with the procedures and standards set forth in\n\nsubsection A of this Part. Licenses issued under this section shall\n\nbe reviewed at least every two (2) years for continuing compliance,\n\nand shall be promptly revoked if the licensee is determined to be in\n\nviolation of the standards set forth in paragraph 6 of subsection A\n\nof this Part. In connection with such a review, the TCA shall\n\nrequire the person or entity to update all information provided in\n\nthe previous application.\n\n2. The SCA shall be notified of all financing and loan\n\ntransactions with respect to covered games or supplies in which the\n\namount exceeds Fifty Thousand Dollars ($50,000.00) in any twelve-\n\nmonth period, and shall be entitled to review copies of all\n\nagreements and documents in connection therewith.\n\n3. A supplier of goods or services who provides financing\n\nexclusively in connection with the sale or lease of covered games\n\nequipment or supplies shall be licensed solely in accordance with\n\nlicensing procedures applicable, if at all, to such suppliers\n\nherein.\n\n4. Financing provided by a federally regulated or state-\n\nregulated bank, savings and loan, or trust, or other federally or\n\nstate-regulated lending institution; any agency of the federal,\n\nstate, tribal or local government; or any person or entity,\n\nincluding, but not limited to, an institutional investor who, alone\n\nor in conjunction with others, lends money through publicly or\n\ncommercially traded bonds or other commercially traded instruments,\n\nincluding but not limited to the holders of such bonds or\n\ninstruments or their assignees or transferees, or which bonds or\n\ncommercially traded instruments are underwritten by any entity whose\n\nshares are publicly traded or which underwriter, at the time of the\n\nunderwriting, has assets in excess of One Hundred Million Dollars\n\n($100,000,000.00), shall be exempt from the licensing and background\n\ninvestigation requirements in subsection B of this Part or this\n\nsubsection.\n\nD. In the event the SCA objects to a lender, vendor or any\n\nother person or entity within subsection B or C of this Part seeking\n\nto do business with the enterprise, or to the continued holding of a\n\nlicense by such person or entity, it may notify the TCA of its\n\nobjection. The notice shall set forth the basis of the objection\n\nwith sufficient particularity to enable the TCA to investigate the\n\nbasis of the objection. The SCA inspector and SCA inspector field\n\nnotes shall be available for TCA review and inquiry. Within a\n\nreasonable time after such notification, the TCA shall report to the\n\nSCA on the outcome of its investigation and of any action taken or\n\ndecision not to take action.\n\nPart 11. EXCLUSIVITY AND FEES\n\nA. The parties acknowledge and recognize that this Compact\n\nprovides tribes with substantial exclusivity and, consistent with\n\nthe goals of IGRA, special opportunities for tribal economic\n\nopportunity through gaming within the external boundaries of\n\nOklahoma in respect to the covered games. In consideration thereof,\n\nso long as the state does not change its laws after the effective\n\ndate of this Compact to permit the operation of any additional form\n\nof gaming by any such organization licensee, or change its laws to\n\npermit any additional electronic or machine gaming within Oklahoma,\n\nthe tribe agrees to pay the following fees:\n\n1. The tribe covenants and agrees to pay to the state a fee\n\nderived from covered game revenues calculated as set forth in\n\nparagraph 2 of this subsection. Such fee shall be paid no later\n\nthan the twentieth day of the month for revenues received by the\n\ntribe in the preceding month; and\nrmit any additional electronic or machine gaming within Oklahoma,\n\nthe tribe agrees to pay the following fees:\n\n1. The tribe covenants and agrees to pay to the state a fee\n\nderived from covered game revenues calculated as set forth in\n\nparagraph 2 of this subsection. Such fee shall be paid no later\n\nthan the twentieth day of the month for revenues received by the\n\ntribe in the preceding month; and\n\n2. The fee shall be:\n\na. four percent (4%) of the first Ten Million Dollars\n\n($10,000,000.00) of adjusted gross revenues received\n\nby a tribe in a calendar year from the play of\n\nelectronic amusement games, electronic bonanza-style\n\nbingo games and electronic instant bingo games,\n\nb. five percent (5%) of the next Ten Million Dollars\n\n($10,000,000.00) of adjusted gross revenues received\n\nby a tribe in a calendar year from the play of\n\nelectronic amusement games, electronic bonanza-style\n\nbingo games and electronic instant bingo games,\n\nc. six percent (6%) of all subsequent adjusted gross\n\nrevenues received by a tribe in a calendar year from\n\nthe play of electronic amusement games, electronic\n\nbonanza-style bingo games and electronic instant bingo\n\ngames, and\n\nd. ten percent (10%) of the monthly net win of the common\n\npool(s) or pot(s) from which prizes are paid for\n\nnonhouse-banked card games. The tribe is entitled to\n\nkeep an amount equal to state payments from the common\n\npool(s) or pot(s) as part of its cost of operating the\n\ngames.\n\nPayments of such fees shall be made to the Treasurer of the\n\nState of Oklahoma. Nothing herein shall require the allocation of\n\nsuch fees to particular state purposes, including, but not limited\n\nto, the actual costs of performing the state's regulatory\n\nresponsibilities hereunder.\n\nB. Annual oversight assessment. In addition to the fee\n\nprovided for in subsection A of this Part, the state shall be\n\nentitled to payment for its costs incurred in connection with the\n\noversight of covered games to the extent provided herein, \"annual\n\noversight assessment\". The annual oversight assessment, which shall\n\nbe Thirty-five Thousand Dollars ($35,000.00), shall be determined\n\nand paid in advance on a fiscal year basis for each twelve (12)\n\nmonths ending on June 30 of each year.\n\nC. Upon the effective date of this Compact, the tribe shall\n\ndeposit with the SCA the sum of Fifty Thousand Dollars ($50,000.00)\n\n(\"start-up assessment\"). The purpose of the start-up assessment\n\nshall be to assist the state in initiating its administrative and\n\noversight responsibilities hereunder and shall be a one-time payment\n\nto the state for such purposes.\n\nD. Nothing in this Compact shall be deemed to authorize the\n\nstate to impose any tax, fee, charge or assessment upon the tribe or\n\nenterprise except as expressly authorized pursuant to this Compact;\n\nprovided that, to the extent that the tribe is required under\n\nfederal law to report prizes awarded, the tribe agrees to copy such\n\nreports to the SCA.\n\nE. In consideration for the covenants and agreements contained\n\nherein, the state agrees that it will not, during the term of this\n\nCompact, permit the nontribal operation of any machines or devices\n\nto play covered games or electronic or mechanical gaming devices\n\notherwise presently prohibited by law within the state in excess of\n\nthe number and outside of the designated locations authorized by the\n\nState-Tribal Gaming Act. The state recognizes the importance of\n\nthis provision to the tribe and agrees, in the event of a breach of\n\nthis provision by the state, to require any nontribal entity which\n\noperates any such devices or machines in excess of such number or\n\noutside of the designated location to remit to the state at least\n\nquarterly no less than fifty percent (50%) of any increase in the\n\nentities' adjusted gross revenues following the addition of such\n\nexcess machines. The state further agrees to remit at least\nh of\n\nthis provision by the state, to require any nontribal entity which\n\noperates any such devices or machines in excess of such number or\n\noutside of the designated location to remit to the state at least\n\nquarterly no less than fifty percent (50%) of any increase in the\n\nentities' adjusted gross revenues following the addition of such\n\nexcess machines. The state further agrees to remit at least\n\nquarterly to eligible tribes, as liquidated damages, a sum equal to\n\nfifty percent (50%) of any increase in the entities' adjusted gross\n\nrevenues following the addition of such excess machines. For\n\npurposes of this Part, \"eligible tribes\" means those tribes which\n\nhave entered into this Compact and are operating gaming pursuant to\n\nthis Compact within forty-five (45) miles of an entity which is\n\noperating covered game machines in excess of the number authorized\n\nby, or outside of the location designated by, the State-Tribal\n\nGaming Act. Such liquidated damages shall be allocated pro rata to\n\neligible tribes based on the number of covered game machines\n\noperated by each Eligible Tribe in the time period when such\n\nadjusted gross revenues were generated.\n\nF. In consideration for the covenants and agreements contained\n\nherein, the tribe agrees that in the event it has currently or\n\nlocates in the future a facility within a radius of twenty (20)\n\nmiles from a recipient licensee as that term is defined in\n\nsubsection K of Section 263 of this title that it shall comply with\n\nthe requirements of subsection K of Section 263 of this title.\n\nPart 12. DISPUTE RESOLUTION\n\nIn the event that either party to this Compact believes that the\n\nother party has failed to comply with any requirement of this\n\nCompact, or in the event of any dispute hereunder, including, but\n\nnot limited to, a dispute over the proper interpretation of the\n\nterms and conditions of this Compact, the following procedures may\n\nbe invoked:\n\n1. The goal of the parties shall be to resolve all disputes\n\namicably and voluntarily whenever possible. A party asserting\n\nnoncompliance or seeking an interpretation of this Compact first\n\nshall serve written notice on the other party. The notice shall\n\nidentify the specific Compact provision alleged to have been\n\nviolated or in dispute and shall specify in detail the asserting\n\nparty's contention and any factual basis for the claim.\n\nRepresentatives of the tribe and state shall meet within thirty (30)\n\ndays of receipt of notice in an effort to resolve the dispute;\n\n2. Subject to the limitation set forth in paragraph 3 of this\n\nPart, either party may refer a dispute arising under this Compact to\n\narbitration under the rules of the American Arbitration Association\n\n(AAA), subject to enforcement or pursuant to review as provided by\n\nparagraph 3 of this Part by a federal district court. The remedies\n\navailable through arbitration are limited to enforcement of the\n\nprovisions of this Compact. The parties consent to the jurisdiction\n\nof such arbitration forum and court for such limited purposes and no\n\nother, and each waives immunity with respect thereto. One\n\narbitrator shall be chosen by the parties from a list of qualified\n\narbitrators to be provided by the AAA. If the parties cannot agree\n\non an arbitrator, then the arbitrator shall be named by the AAA.\n\nThe expenses of arbitration shall be borne equally by the parties.\n\nA party asserting noncompliance or seeking an interpretation of\n\nthis Compact under this section shall be deemed to have certified\n\nthat to the best of the party's knowledge, information, and belief\n\nformed after reasonable inquiry, the claim of noncompliance or the\n\nrequest for interpretation of this Compact is warranted and made in\n\ngood faith and not for any improper purpose, such as to harass or to\n\ncause unnecessary delay or the needless incurring of the cost of\n\nresolving the dispute. If the dispute is found to have been\nthat to the best of the party's knowledge, information, and belief\n\nformed after reasonable inquiry, the claim of noncompliance or the\n\nrequest for interpretation of this Compact is warranted and made in\n\ngood faith and not for any improper purpose, such as to harass or to\n\ncause unnecessary delay or the needless incurring of the cost of\n\nresolving the dispute. If the dispute is found to have been\n\ninitiated in violation of this Part, the Arbitrator, upon request or\n\nupon his or her own initiative, shall impose upon the violating\n\nparty an appropriate sanction, which may include an award to the\n\nother party of its reasonable expenses incurred in having to\n\nparticipate in the arbitration; and\n\n3. Notwithstanding any provision of law, either party to the\n\nCompact may bring an action against the other in a federal district\n\ncourt for the de novo review of any arbitration award under\n\nparagraph 2 of this Part. The decision of the court shall be\n\nsubject to appeal. Each of the parties hereto waives immunity and\n\nconsents to suit therein for such limited purposes, and agrees not\n\nto raise the Eleventh Amendment to the United States Constitution or\n\ncomparable defense to the validity of such waiver.\n\nNothing herein shall be construed to authorize a money judgment\n\nother than for damages for failure to comply with an arbitration\n\ndecision requiring the payment of monies.\n\nPart 13. CONSTRUCTION OF COMPACT; FEDERAL APPROVAL\n\nA. Each provision, section, and subsection of this Compact\n\nshall stand separate and independent of every other provision,\n\nsection, or subsection. In the event that a federal district court\n\nshall find any provision, section, or subsection of this Compact to\n\nbe invalid, the remaining provisions, sections, and subsections of\n\nthis Compact shall remain in full force and effect, unless the\n\ninvalidated provision, section or subsection is material.\n\nB. Each party hereto agrees to defend the validity of this\n\nCompact and the legislation in which it is embodied. This Compact\n\nshall constitute a binding agreement between the parties and shall\n\nsurvive any repeal or amendment of the State-Tribal Gaming Act.\n\nC. The parties shall cooperate in seeking approval of this\n\nCompact from an appropriate federal agency as a tribal-state compact\n\nunder the Indian Gaming Regulatory Act.\n\nD. The standards for electronic bonanza-style bingo games,\n\nelectronic instant bingo games and electronic amusement games\n\nestablished in the State-Tribal Gaming Act as enacted in 2004, and,\n\nat the election of the tribe, any standards contained in the\n\nOklahoma Horse Racing Commission rules issued pursuant to subsection\n\nB of Section 268 of this title are hereby incorporated in this\n\nCompact and shall survive any repeal of the State-Tribal Gaming Act,\n\nor any games authorized thereunder. In the event that any of said\n\nstandards are changed by amendment of the State-Tribal Gaming Act,\n\nthe tribe shall have the option to incorporate said changes into\n\nthis Compact by delivery of written notice of said changes to the\n\nGovernor and the SCA.\n\nPart 14. NOTICES\n\nAll notices required under this Compact shall be given by\n\ncertified mail, return receipt requested, commercial overnight\n\ncourier service, or personal delivery, to the following persons:\n\nGovernor\n\nChair, State-Tribal Relations Committee\n\nAttorney General\n\n[Principal Chief, Governor or Chair]\n\n[Name of Tribe]\n\n[Address]\n\nWith copies to:\n\n_______________________\n\n_______________________\n\nPart 15. DURATION AND NEGOTIATION\n\nA. This Compact shall become effective upon the last date of\n\nthe satisfaction of the following requirements:\n\n1. Due execution on behalf of the tribe, including obtaining\n\nall tribal resolutions and completing other tribal procedures as may\n\nbe necessary to render the tribe's execution effective;\n___\n\nPart 15. DURATION AND NEGOTIATION\n\nA. This Compact shall become effective upon the last date of\n\nthe satisfaction of the following requirements:\n\n1. Due execution on behalf of the tribe, including obtaining\n\nall tribal resolutions and completing other tribal procedures as may\n\nbe necessary to render the tribe's execution effective;\n\n2. Approval of this Compact by the Secretary of the Interior as\n\na tribal-state compact within the meaning of IGRA and publication in\n\nthe Federal Register or satisfaction of any other requirement of\n\nfederal law; and\n\n3. Payment of the start-up assessment provided for in\n\nsubsection C of Part 11 of this Compact.\n\nB. This Compact shall have a term which will expire on January\n\n1, 2020, and at that time, if organization licensees or others are\n\nauthorized to conduct electronic gaming in any form other than pari-\n\nmutuel wagering on live horse racing pursuant to any governmental\n\naction of the state or court order following the effective date of\n\nthis Compact, the Compact shall automatically renew for successive\n\nadditional fifteen-year terms; provided that, within one hundred\n\neighty (180) days of the expiration of this Compact or any renewal\n\nthereof, either the tribe or the state, acting through its Governor,\n\nmay request to renegotiate the terms of subsections A and E of Part\n\n11 of this Compact.\n\nC. This Compact shall remain in full force and effect until the\n\nsooner of expiration of the term or until the Compact is terminated\n\nby mutual consent of the parties.\n\nD. This Compact may be terminated by state upon thirty (30)\n\ndays' prior written notice to the tribe in the event of either (1) a\n\nmaterial breach by the tribe of the terms of a tobacco Compact with\n\nthe state as evidenced by a final determination of material breach\n\nfrom the dispute resolution forum agreed upon therein, including\n\nexhaustion of all available appellate remedies therefrom, or (2) the\n\ntribe's failure to comply with the provisions of Section 346 et seq.\n\nof Title 68 of the Oklahoma Statutes, provided that the tribe may\n\ncure either default within the thirty-day notice period, or within\n\nsuch additional period as may be reasonably required to cure the\n\ndefault, in order to preserve continuation of this Compact.\n\nThe state hereby agrees that this subsection is severable from\n\nthis Compact and shall automatically be severed from this Compact in\n\nthe event that the United States Department of the Interior\n\ndetermines that these provisions exceed the state's authority under\n\nIGRA.\n\nPart 16. AUTHORITY TO EXECUTE\n\nThis Compact, as an enactment of the people of Oklahoma, is\n\ndeemed approved by the State of Oklahoma. No further action by the\n\nstate or any state official is necessary for this Compact to take\n\neffect upon approval by the Secretary of the Interior and\n\npublication in the Federal Register. The undersigned tribal\n\nofficial(s) represents that he or she is duly authorized and has the\n\nauthority to execute this Compact on behalf of the tribe for whom he\n\nor she is signing.\n\nAPPROVED:\n\n[Name of Tribe]\n\n____________________________ Date _________________\n\n[CHIEF EXECUTIVE OFFICER]","path":["OK Code","Title 3A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os3A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"aa1eda118db1b30e2f73850224699f57665f58b526057daffa96e3e44d17fd64","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-3a-3a-280.1","next":"us-ok/okla.-stat.-tit.-3a-3a-282"},"notice":"GroundRules: Original legal text. Not legal advice."}