Okla. Stat. tit. 3A, § 3A-281

This section sets forth the provisions of the Model Tribal

Gaming Compact.

MODEL TRIBAL GAMING COMPACT

Between the [Name of Tribe]

and the STATE OF OKLAHOMA

This Compact is made and entered into by and between the [Name

of Tribe], a federally recognized Indian tribe ("tribe"), and the

State of Oklahoma ("state"), with respect to the operation of

covered games (as defined herein) on the tribe's Indian lands as

defined by the Indian Gaming Regulatory Act, 25 U.S.C., Section

2703(4).

Part 1. TITLE

This document shall be referred to as the "[Name of Tribe] and

State of Oklahoma Gaming Compact".

Part 2. RECITALS

1. The tribe is a federally recognized tribal government

possessing sovereign powers and rights of self-government.

2. The State of Oklahoma is a state of the United States of

America possessing the sovereign powers and rights of a state.

3. The state and the tribe maintain a government-to-government

relationship, and this Compact will help to foster mutual respect

and understanding among Indians and non-Indians.

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4. The United States Supreme Court has long recognized the

right of an Indian tribe to regulate activity on lands within its

jurisdiction.

5. The tribe desires to offer the play of covered games, as

defined in paragraphs 5, 10, 11 and 12 of Part 3 of this Compact, as

a means of generating revenues for purposes authorized by the Indian

Gaming Regulatory Act, 25 U.S.C., Section 2701, et seq., including

without limitation the support of tribal governmental programs, such

as health care, housing, sewer and water projects, police,

corrections, fire, judicial services, highway and bridge

construction, general assistance for tribal elders, day care for the

children, economic development, educational opportunities and other

typical and valuable governmental services and programs for tribal

members.

6. The state recognizes that the positive effects of this

Compact will extend beyond the tribe's lands to the tribe's

neighbors and surrounding communities and will generally benefit all

of Oklahoma. These positive effects and benefits may include not

only those described in paragraph 5 of this Part, but also may

include increased tourism and related economic development

activities.

7. The tribe and the state jointly wish to protect their

citizens from any criminal involvement in the gaming operations

regulated under this Compact.

Part 3. DEFINITIONS

As used in this Compact:

1. "Adjusted gross revenues" means the total receipts received

from the play of all covered games minus all prize payouts;

2. "Annual oversight assessment" means the assessment described

in subsection B of Part 11 of this Compact;

3. "Central computer" means a computer to which player

terminals are linked to allow competition in electronic bonanza-

style bingo games;

4. "Compact" means this Tribal Gaming Compact between the state

and the tribe, entered into pursuant to Section 280 of this title;

5. "Covered game" means the following games conducted in

accordance with the standards, as applicable, set forth in Sections

270 through 277 of this title: an electronic bonanza-style bingo

game, an electronic amusement game, an electronic instant bingo

game, nonhouse-banked card games; any other game, if the operation

of such game by a tribe would require a compact and if such game has

been: (i) approved by the Oklahoma Horse Racing Commission for use

by an organizational licensee, (ii) approved by state legislation

for use by any person or entity, or (iii) approved by amendment of

the State-Tribal Gaming Act; and upon election by the tribe by

written supplement to this Compact, any Class II game in use by the

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tribe, provided that no exclusivity payments shall be required for

the operation of such Class II game;

6. "Covered game employee" means any individual employed by the
, or (iii) approved by amendment of

the State-Tribal Gaming Act; and upon election by the tribe by

written supplement to this Compact, any Class II game in use by the

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tribe, provided that no exclusivity payments shall be required for

the operation of such Class II game;

6. "Covered game employee" means any individual employed by the

enterprise or a third party providing management services to the

enterprise, whose responsibilities include the rendering of services

with respect to the operation, maintenance or management of covered

games. The term "covered game employee" includes, but is not

limited to, the following: managers and assistant managers;

accounting personnel; surveillance and security personnel; cashiers,

supervisors, and floor personnel; cage personnel; and any other

person whose employment duties require or authorize access to areas

of the facility related to the conduct of covered games or the

maintenance or storage of covered game components. This shall not

include upper level tribal employees or tribe's elected officials so

long as such individuals are not directly involved in the operation,

maintenance, or management of covered game components. The

enterprise may, at its discretion, include other persons employed at

or in connection with the enterprise within the definition of

covered game employee;

7. "Documents" means books, records, electronic, magnetic and

computer media documents and other writings and materials, copies

thereof, and information contained therein;

8. "Effective date" means the date on which the last of the

conditions set forth in subsection A of Part 15 of this Compact have

been met;

9. "Electronic accounting system" means an electronic system

that provides a secure means to receive, store and access data and

record critical functions and activities, as set forth in the State-

Tribal Gaming Act;

10. "Electronic amusement game" means a game that is played in

an electronic environment in which a player's performance and

opportunity for success can be improved by skill that conforms to

the standards set forth in the State-Tribal Gaming Act;

11. "Electronic bonanza-style bingo game" means a game played

in an electronic environment in which some or all of the numbers or

symbols are drawn or electronically determined before the electronic

bingo cards for that game are sold that conforms to the standards

set forth in the State-Tribal Gaming Act;

12. "Electronic instant bingo game" means a game played in an

electronic environment in which a player wins if his or her

electronic instant bingo card contains a combination of numbers or

symbols that was designated in advance of the game as a winning

combination. There may be multiple winning combinations in each

game and multiple winning cards that conform to the standards set

forth in the State-Tribal Gaming Act;

13. "Enterprise" means the tribe or the tribal agency or

section of tribal management with direct responsibility for the

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conduct of covered games, the tribal business enterprise that

conducts covered games, or a person, corporation or other entity

that has entered into a management contract with the tribe to

conduct covered games, in accordance with IGRA. The names,

addresses and identifying information of any covered game employees

shall be forwarded to the SCA at least annually. In any event, the

tribe shall have the ultimate responsibility for ensuring that the

tribe or enterprise fulfills the responsibilities under this

Compact. For purposes of enforcement, the tribe is deemed to have

made all promises for the enterprise;

14. "Facility" means any building of the tribe in which the

covered games authorized by this Compact are conducted by the

enterprise, located on Indian lands as defined by IGRA. The tribe
mate responsibility for ensuring that the

tribe or enterprise fulfills the responsibilities under this

Compact. For purposes of enforcement, the tribe is deemed to have

made all promises for the enterprise;

14. "Facility" means any building of the tribe in which the

covered games authorized by this Compact are conducted by the

enterprise, located on Indian lands as defined by IGRA. The tribe

shall have the ultimate responsibility for ensuring that a facility

conforms to the Compact as required herein;

15. "Game play credits" means a method of representing value

obtained from the exchange of cash or cash equivalents, or earned as

a prize, in connection with electronic gaming. Game play credits

may be redeemed for cash or a cash equivalent;

16. "Player terminals" means electronic or electromechanical

terminals housed in cabinets with input devices and video screens or

electromechanical displays on which players play electronic bonanza-

style bingo games, electronic instant bingo games or electronic

amusement games;

17. "Independent testing laboratory" means a laboratory of

national reputation that is demonstrably competent and qualified to

scientifically test and evaluate devices for compliance with this

Compact and to otherwise perform the functions assigned to it in

this Compact. An independent testing laboratory shall not be owned

or controlled by the tribe, the enterprise, an organizational

licensee as defined in the State-Tribal Gaming Act, the state, or

any manufacturer, supplier or operator of gaming devices. The

selection of an independent testing laboratory for any purpose under

this Compact shall be made from a list of one or more laboratories

mutually agreed upon by the parties; provided that the parties

hereby agree that any laboratory upon which the National Indian

Gaming Commission has relied for such testing may be utilized for

testing required by this Compact;

18. "IGRA" means the Indian Gaming Regulatory Act, Pub. L. 100-

497, Oct. 17, 1988, 102 Stat. 2467, codified at 25 U.S.C., Section

2701 et seq. and 18 U.S.C., Sections 1166 to 1168;

19. "Nonhouse-banked card games" means any card game in which

the tribe has no interest in the outcome of the game, including

games played in tournament formats and games in which the tribe

collects a fee from the player for participating, and all bets are

placed in a common pool or pot from which all player winnings,

prizes and direct costs are paid. As provided herein,

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administrative fees may be charged by the tribe against any common

pool in an amount equal to any fee paid the state; provided that the

tribe may seed the pool as it determines necessary from time to

time;

20. "Patron" means any person who is on the premises of a

gaming facility, for the purpose of playing covered games authorized

by this Compact;

21. "Principal" means, with respect to any entity, its sole

proprietor or any partner, trustee, beneficiary or shareholder

holding five percent (5%) or more of its beneficial or controlling

ownership, either directly or indirectly, or any officer, director,

principal management employee, or key employee thereof;

22. "Rules and regulations" means the rules and regulations

promulgated by the Tribal Compliance Agency for implementation of

this Compact;

23. "Standards" means the descriptions and specifications of

electronic amusement games, electronic bonanza-style bingo games and

electronic instant bingo games or components thereof as set forth in

Sections 270 through 277 of this title as enacted in 2004 or as

amended pursuant to paragraph 27 of this Part or subsection D of

Part 13 of this Compact, including technical specifications for

component parts, requirements for cashless transaction systems,

software tools for security and audit purposes, and procedures for

operation of such games;

24. "State" means the State of Oklahoma;
in

Sections 270 through 277 of this title as enacted in 2004 or as

amended pursuant to paragraph 27 of this Part or subsection D of

Part 13 of this Compact, including technical specifications for

component parts, requirements for cashless transaction systems,

software tools for security and audit purposes, and procedures for

operation of such games;

24. "State" means the State of Oklahoma;

25. "State Compliance Agency" ("SCA") means the state agency

that has the authority to carry out the state's oversight

responsibilities under this Compact, which shall be the Office of

Management and Enterprise Services or its successor agency. Nothing

herein shall supplant the role or duties of the Oklahoma State

Bureau of Investigation under state law. The Oklahoma Horse Racing

Commission and the Oklahoma Tax Commission shall have no role in

regulating or oversight of any gaming conducted by a tribe;

26. "Tribal Compliance Agency" ("TCA") means the tribal

governmental agency that has the authority to carry out the tribe's

regulatory and oversight responsibilities under this Compact.

Unless and until otherwise designated by the tribe, the TCA shall be

the [Name of Tribe] Gaming Commission. No covered game employee may

be a member or employee of the TCA. The tribe shall have the

ultimate responsibility for ensuring that the TCA fulfills its

responsibilities under this Compact. The members of the TCA shall

be subject to background investigations and licensed to the extent

required by any tribal or federal law, and in accordance with

subsection B of Part 7 of this Compact. The tribe shall ensure that

all TCA officers and agents are qualified for such position and

receive ongoing training to obtain and maintain skills that are

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sufficient to carry out their responsibilities in accordance with

industry standards;

27. "State-Tribal Gaming Act" means the legislation in which

this Model Tribal Gaming Compact is set forth and, at the tribe's

option, amendments or successor statutes thereto;

28. "Tribal law enforcement agency" means a police or security

force established and maintained by the tribe pursuant to the

tribe's powers of self-government to carry out law enforcement

duties at or in connection with a facility; and

29. "Tribe" means the [Name of Nation].

Part 4. AUTHORIZATION OF COVERED GAMES

A. The tribe and state agree that the tribe is authorized to

operate covered games only in accordance with this Compact.

However, nothing in this Compact shall limit the tribe's right to

operate any game that is Class II under IGRA and no Class II games

shall be subject to the exclusivity payments set forth in Part 11 of

this Compact. In the case of electronic bonanza-style bingo games,

there have been disagreements between tribes and federal regulators

as to whether or not such games are Class II. Without conceding

that such games are Class III, the tribe has agreed to compact with

the state to operate the specific type of electronic bonanza-style

bingo game described in this Compact to remove any legal uncertainty

as to the tribe's right to lawfully operate the game. Should the

electronic bonanza-style bingo game or the electronic instant bingo

game described in this act be determined to be Class II by the NIGC

or a federal court, then the tribe shall have the option to operate

such games outside of this Compact; provided, any obligations

pursuant to subsection F of Part 11 of this Compact shall not be

affected thereby.

B. A tribe shall not operate an electronic bonanza-style bingo

game, an electronic instant bingo game or an electronic amusement

game pursuant to this Compact until such game has been certified by

an independent testing laboratory and the TCA as meeting the

standards set out in the State-Tribal Gaming Act for electronic

bonanza-style bingo games, electronic instant bingo games or
ed thereby.

B. A tribe shall not operate an electronic bonanza-style bingo

game, an electronic instant bingo game or an electronic amusement

game pursuant to this Compact until such game has been certified by

an independent testing laboratory and the TCA as meeting the

standards set out in the State-Tribal Gaming Act for electronic

bonanza-style bingo games, electronic instant bingo games or

electronic amusement games, as applicable or any standards contained

in the Oklahoma Horse Racing Commission rules issued pursuant to

subsection B of Section 268 of this title that modify the standards

for such games that may be conducted by organizational licensees.

Provided, the tribe may rely on any certification of an electronic

bonanza-style bingo game, an electronic instant bingo, or electronic

amusement games by the Oklahoma Horse Racing Commission which was

obtained by an organization licensee pursuant to the State-Tribal

Gaming Act to establish certification compliance under this Compact.

The tribe may also rely on any certification of an electronic

bonanza-style bingo game, electronic instant bingo or an electronic

amusement game by the TCA obtained by another tribe which has

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entered into the model compact to establish certification compliance

under this Compact.

Part 5. RULES AND REGULATIONS; MINIMUM REQUIREMENTS FOR

OPERATIONS

A. Regulations. At all times during the Term of this Compact,

the tribe shall be responsible for all duties which are assigned to

it, the enterprise, the facility, and the TCA under this Compact.

The tribe shall promulgate any rules and regulations necessary to

implement this Compact, which at a minimum shall expressly include

or incorporate by reference all provisions of Part 5 and the

procedural requirements of Part 6 of this Compact. Nothing in this

Compact shall be construed to affect the tribe's right to amend its

rules and regulations, provided that any such amendment shall be in

conformity with this Compact. The SCA may propose additional rules

and regulations related to implementation of this Compact to the TCA

at any time, and the TCA shall give good faith consideration to such

suggestions and shall notify the SCA of its response or action with

respect thereto.

B. Compliance; Internal Control Standards. All enterprises and

facilities shall comply with, and all covered games approved under

the procedures set forth in this Compact shall be operated in

accordance with the requirements set forth in this Compact,

including, but not limited to, those set forth in subsections C and

D of this Part. In addition, all enterprises and facilities shall

comply with tribal internal control standards that provide a level

of control that equals or exceeds those set forth in the National

Indian Gaming Commission's Minimum Internal Control Standards (25

C.F.R., Part 542).

C. Records. In addition to other records required to be

maintained herein, the enterprise or tribe shall maintain the

following records related to implementation of this Compact in

permanent form and as written or entered, whether manually or by

computer, and which shall be maintained by the enterprise and made

available for inspection by the SCA for no less than three (3) years

from the date generated:

1. A log recording all surveillance activities in the

monitoring room of the facility, including, but not limited to,

surveillance records kept in the normal course of enterprise

operations and in accordance with industry standards; provided,

notwithstanding anything to the contrary herein, surveillance

records may, at the discretion of the enterprise, be destroyed if no

incident has been reported within one (1) year following the date

such records were made. Records, as used in this Compact, shall

include video tapes and any other storage media;

2. Payout from the conduct of all covered games;
with industry standards; provided,

notwithstanding anything to the contrary herein, surveillance

records may, at the discretion of the enterprise, be destroyed if no

incident has been reported within one (1) year following the date

such records were made. Records, as used in this Compact, shall

include video tapes and any other storage media;

2. Payout from the conduct of all covered games;

3. Maintenance logs for all covered games gaming equipment used

by the enterprise;

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4. Security logs as kept in the normal course of conducting and

maintaining security at the facility, which at a minimum shall

conform to industry practices for such reports. The security logs

shall document any unusual or nonstandard activities, occurrences or

events at or related to the facility or in connection with the

enterprise. Each incident, without regard to materiality, shall be

assigned a sequential number for each such report. At a minimum,

the security logs shall consist of the following information, which

shall be recorded in a reasonable fashion noting:

a. the assigned number of the incident,

b. the date of the incident,

c. the time of the incident,

d. the location of the incident,

e. the nature of the incident,

f. the identity, including identification information, of

any persons involved in the incident and any known

witnesses to the incident, and

g. the tribal compliance officer making the report and

any other persons contributing to its preparation;

5. Books and records on all covered game activities of the

enterprise shall be maintained in accordance with generally accepted

accounting principles (GAAP); and

6. All documents generated in accordance with this Compact.

D. Use of Net Revenues. Net revenues that the tribe receives

from covered games are to be used for any one or more of those

purposes permitted under IGRA:

1. To fund tribal government operations or programs;

2. To provide for the general welfare of the tribe and its

members;

3. To promote tribal economic development;

4. To donate to charitable organizations; or

5. To help fund operations of local government agencies.

E. 1. The tribe's rules and regulations shall require the

enterprise at a minimum to bar persons based on their prior conduct

at the facility or who, because of their criminal history or

association with criminal offenders, pose a threat to the integrity

of the conduct of covered games.

2. The TCA shall establish a list of the persons barred from

the facility.

3. The enterprise shall employ its best efforts to exclude

persons on such list from entry into its facility; provided, neither

persons who are barred but gain access to the facility, nor any

other person, shall have any claim against the state, the tribe or

the enterprise or any other person for failing to enforce such bar.

4. Patrons who believe they may be playing covered games on a

compulsive basis may request that their names be placed on the list.

All covered game employees shall receive training on identifying

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players who have a problem with compulsive playing and shall be

instructed to ask them to leave. Signs and other materials shall be

readily available to direct such compulsive players to agencies

where they may receive counseling.

F. Audits. 1. Consistent with 25 C.F.R., Section 571.12,

Audit Standards, the TCA shall ensure that an annual independent

financial audit of the enterprise's conduct of covered games subject

to this Compact is secured. The audit shall, at a minimum, examine

revenues and expenses in connection with the conduct of covered

games in accordance with generally accepted auditing standards and

shall include, but not be limited to, those matters necessary to

verify the determination of adjusted gross revenues and the basis of
cial audit of the enterprise's conduct of covered games subject

to this Compact is secured. The audit shall, at a minimum, examine

revenues and expenses in connection with the conduct of covered

games in accordance with generally accepted auditing standards and

shall include, but not be limited to, those matters necessary to

verify the determination of adjusted gross revenues and the basis of

the payments made to the state pursuant to Part 11 of this Compact.

2. The auditor selected by the TCA shall be a firm of known and

demonstrable experience, expertise and stature in conducting audits

of this kind and scope.

3. The audit shall be concluded within five (5) months

following the close of each calendar year, provided that extensions

may be requested by the tribe and shall not be refused by the state

where the circumstances justifying the extension request are beyond

the tribe's control.

4. The audit of the conduct of covered games may be conducted

as part of or in conjunction with the audit of the enterprise, but

if so conducted shall be separately stated for the reporting

purposes required herein.

5. The audit shall conform to generally accepted auditing

standards. As part of the audit report, the auditor shall certify

to the TCA that, in the course of the audit, the auditor discovered

no matters within the scope of the audit which were determined or

believed to be in violation of any provision of this Compact.

6. The enterprise shall assume all costs in connection with the

audit.

7. The audit report for the conduct of covered games shall be

submitted to the SCA within thirty (30) days of completion. The

auditor's work papers concerning covered games shall be made

available to the SCA upon request.

8. Representatives of the SCA may, upon request, meet with the

auditors to discuss the work papers, the audit or any matters in

connection therewith; provided, such discussions are limited to

covered games information and pursue legitimate state covered games

interests.

G. Rules for Play of and Prizes for Covered Games. Summaries

of the rules for playing covered games and winning prizes shall be

visibly displayed in the facility. Complete sets of rules shall be

available in pamphlet form in the facility.

H. Supervisory Line of Authority. The enterprise shall provide

the TCA and SCA with a chart of the supervisory lines of authority

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with respect to those directly responsible for the conduct of

covered games, and shall promptly notify those agencies of any

material changes thereto.

I. Sale of Alcoholic Beverages. The sale and service of

alcoholic beverages in a facility shall be in compliance with state,

federal and tribal law in regard to the licensing and sale of such

beverages.

J. Age Restrictions. No person who would not be eligible to be

a patron of a pari-mutuel system of wagering pursuant to the

provisions of subsection B of Section 208.4 of this title shall be

admitted into any area in a facility where covered games are played,

nor be permitted to operate, or obtain a prize from or in connection

with the operation of, any covered game, directly or indirectly.

K. Destruction of Documents. Enterprise books, records and

other materials documenting the conduct of covered games shall be

destroyed only in accordance with rules and regulations adopted by

the TCA, which at a minimum shall provide as follows:

1. Material that might be utilized in connection with a

potential tort claim pursuant to Part 6 of this Compact, including,

but not limited to, incident reports, surveillance records,

statements, and the like, shall be maintained at least one (1) year

beyond the time which a claim can be made under Part 6 of this

Compact or, if a tort claim is made, beyond the final disposition of

such claim;

2. Material that might be utilized in connection with a prize
al tort claim pursuant to Part 6 of this Compact, including,

but not limited to, incident reports, surveillance records,

statements, and the like, shall be maintained at least one (1) year

beyond the time which a claim can be made under Part 6 of this

Compact or, if a tort claim is made, beyond the final disposition of

such claim;

2. Material that might be utilized in connection with a prize

claim, including but not limited to incident reports, surveillance

records, statements, and the like, shall be maintained at least one

hundred eighty (180) days beyond the time which a claim can be made

under Part 6 of this Compact or, if a prize claim is made, beyond

the final disposition of such claim; and

3. Notwithstanding anything herein to the contrary, all

enterprise books and records with respect to the conduct of covered

games or the operation of the enterprise, including, but not limited

to, all interim and final financial and audit reports and materials

related thereto which have been generated in the ordinary course of

business, shall be maintained for the minimum period of three (3)

years.

L. Location. The tribe may establish and operate enterprises

and facilities that operate covered games only on its Indian lands

as defined by IGRA. The tribe shall notify the SCA of the operation

of any new facility following the effective date of this Compact.

Nothing herein shall be construed as expanding or otherwise altering

the term "Indian lands", as that term is defined in the IGRA, nor

shall anything herein be construed as altering the federal process

governing the tribal acquisition of "Indian lands" for gaming

purposes.

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M. Records of Covered Games. The TCA shall keep a record of,

and shall report at least quarterly to the SCA, the number of

covered games in each facility, by the name or type of each and its

identifying number.

PART 6. TORT CLAIMS; PRIZE CLAIMS; LIMITED CONSENT TO SUIT

A. Tort Claims. The enterprise shall ensure that patrons of a

facility are afforded due process in seeking and receiving just and

reasonable compensation for a tort claim for personal injury or

property damage against the enterprise arising out of incidents

occurring at a facility, hereinafter "tort claim", as follows:

1. During the term of this Compact, the enterprise shall

maintain public liability insurance for the express purposes of

covering and satisfying tort claims. The insurance shall have

liability limits of not less than Two Hundred Fifty Thousand Dollars

($250,000.00) for any one person and Two Million Dollars

($2,000,000.00) for any one occurrence for personal injury, and One

Million Dollars ($1,000,000.00) for any one occurrence for property

damage, hereinafter the "limit of liability", or the corresponding

limits under the Governmental Tort Claims Act, whichever is greater.

No tort claim shall be paid, or be the subject of any award, in

excess of the limit of liability;

2. The tribe consents to suit on a limited basis with respect

to tort claims subject to the limitations set forth in this

subsection and subsection C of this Part. No consents to suit with

respect to tort claims, or as to any other claims against the tribe

shall be deemed to have been made under this Compact, except as

provided in subsections B and C of this Part;

3. The enterprise's insurance policy shall include an

endorsement providing that the insurer may not invoke tribal

sovereign immunity in connection with any claim made within the

limit of liability if the claim complies with the limited consent

provisions of subsection C of this Part. Copies of all such

insurance policies shall be forwarded to the SCA;

4. Any patron having a tort claim shall file a written tort

claim notice by delivery to the enterprise or the TCA. The date the

tort claim notice is filed with the enterprise or the TCA shall be
y claim made within the

limit of liability if the claim complies with the limited consent

provisions of subsection C of this Part. Copies of all such

insurance policies shall be forwarded to the SCA;

4. Any patron having a tort claim shall file a written tort

claim notice by delivery to the enterprise or the TCA. The date the

tort claim notice is filed with the enterprise or the TCA shall be

deemed the official date of filing the tort claim notice. The tort

claim notice shall be filed within one (1) year of the date of the

event which allegedly caused the claimed loss. Failure to file the

tort claim notice during such period of time shall forever bar such

tort claim; provided that a tort claim notice filed with the

enterprise or the TCA more than ninety (90) days, but within one (1)

year, after the event shall be deemed to be timely filed, but any

judgment thereon shall be reduced by ten percent (10%).

5. If the tort claim notice is filed with the TCA, the TCA

shall forward a copy of the tort claim to the enterprise and the SCA

within forty-eight (48) hours of filing, and if the tort claim

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notice is filed with the enterprise, the enterprise shall forward a

copy of the tort claim to the TCA and the SCA within forty-eight

(48) hours of filing;

6. The tort claim notice shall state the date, time, place and

circumstances of the incident upon which the tort claim is based,

the identity of any persons known to have information regarding the

incident, including employees or others involved in or who witnessed

the incident, the amount of compensation and the basis for said

relief; the name, address and telephone number of the claimant, and

the name, address and telephone number of any representative

authorized to act or settle the claim on behalf of the claimant;

7. All tort claim notices shall be signed by the claimant. The

rules and regulations may additionally require that the tort claim

notices be signed under oath. The rules and regulations may also

require that as a condition of prosecuting tort claims, the claimant

shall appear to be interviewed or deposed at least once under

reasonable circumstances, which shall include the attendance of the

claimant's legal counsel if requested; provided that the enterprise

shall afford claimant at least thirty (30) days' written notice of

the interview or deposition; and provided further that the

claimant's failure to appear without cause for any interview or

deposition properly noticed pursuant to this paragraph shall be

deemed a voluntary withdrawal of the tort claim;

8. The enterprise shall promptly review, investigate, and make

a determination regarding the tort claim. Any portion of a tort

claim which is unresolved shall be deemed denied if the enterprise

fails to notify the claimant in writing of its approval within

ninety (90) days of the filing date, unless the parties by written

agreement extend the date by which a denial shall be deemed issued

if no other action is taken. Each extension shall be for no more

than ninety (90) days, but there shall be no limit on the number of

written agreements for extensions; provided, that no written

agreement for extension shall be valid unless signed by the claimant

and an authorized representative of the enterprise. The claimant

and the enterprise may continue attempts to settle a claim beyond an

extended date; provided, settlement negotiations shall not extend

the date of denial in the absence of a written agreement for

extension as required by this paragraph;

9. A judicial proceeding for any cause arising from a tort

claim may be maintained in accordance with and subject to the

limitations of subsection C of this Part only if the following

requirements have been met:

a. the claimant has followed all procedures required by

this Part, including, without limitation, the delivery
ce of a written agreement for

extension as required by this paragraph;

9. A judicial proceeding for any cause arising from a tort

claim may be maintained in accordance with and subject to the

limitations of subsection C of this Part only if the following

requirements have been met:

a. the claimant has followed all procedures required by

this Part, including, without limitation, the delivery

of a valid and timely written tort claim notice to the

enterprise,

b. the enterprise has denied the tort claim, and

Oklahoma Statutes - Title 3A. Amusements and Sports Page 103

c. the claimant has filed the judicial proceeding no

later than the one-hundred-eightieth day after denial

of the claim by the enterprise; provided, that neither

the claimant nor the enterprise may agree to extend

the time to commence a judicial proceeding; and

10. Notices explaining the procedure and time limitations with

respect to making a tort claim shall be prominently posted in the

facility. Such notices shall explain the method and places for

making a tort claim, that this procedure is the exclusive method of

making a tort claim, and that claims that do not follow these

procedures shall be forever barred. The enterprise shall make

pamphlets containing the requirements in this subsection readily

available to all patrons of the facility and shall provide such

pamphlets to a claimant within five (5) days of the filing of a

claim.

B. Prize Claims. The enterprise shall ensure that patrons of a

facility are afforded due process in seeking and receiving just and

reasonable compensation arising from a patron's dispute, in

connection with his or her play of any covered game, the amount of

any prize which has been awarded, the failure to be awarded a prize,

or the right to receive a refund or other compensation, hereafter

"prize claim", as follows:

1. The tribe consents to suit on a limited basis with respect

to prize claims against the enterprise only as set forth in

subsection C of this Part; no consents to suit with respect to prize

claims, or as to any other claims against the tribe shall be deemed

to have been made under this Compact, except as provided in

subsections A and C of this Part;

2. The maximum amount of any prize claim shall be the amount of

the prize which the claimant establishes he or she was entitled to

be awarded, hereafter "prize limit";

3. Any patron having a prize claim shall file a written prize

claim notice by delivery to the enterprise or the TCA. The date the

prize claim is filed with the enterprise or the TCA shall be deemed

the official date of filing the prize claim notice. The prize claim

notice shall be filed within ten (10) days of the event which is the

basis of the claim. Failure to file the prize claim notice during

such period of time shall forever bar such prize claim;

4. If the prize claim notice is filed with the TCA, the TCA

shall forward a copy of the prize claim to the enterprise and the

SCA within forty-eight (48) hours of its filing; and if the prize

claim notice is filed with the enterprise, the enterprise shall

forward a copy of the tort claim to the TCA and the SCA within

forty-eight (48) hours of filing;

5. The written prize claim notice shall state the date, time,

place and circumstances of the incident upon which the prize claim

is based, the identity of any persons known to have information

Oklahoma Statutes - Title 3A. Amusements and Sports Page 104

regarding the incident, including employees or others involved in or

who witnessed the incident, the amount demanded and the basis for

said amount, the name, address and telephone number of the claimant,

and the name, address and telephone number of any representative

authorized to act or settle the claim on behalf of the claimant;

6. All notices of prize claims shall be signed by the claimant.

The rules and regulations may additionally require that the prize

claim notices be signed under oath;
nt demanded and the basis for

said amount, the name, address and telephone number of the claimant,

and the name, address and telephone number of any representative

authorized to act or settle the claim on behalf of the claimant;

6. All notices of prize claims shall be signed by the claimant.

The rules and regulations may additionally require that the prize

claim notices be signed under oath;

7. The enterprise shall promptly review, investigate and make a

determination regarding the prize claim. Claimants shall cooperate

in providing information, including personal sworn statements and

agreeing to be interviewed, as the enterprise shall reasonably

request. The claimant is permitted to have counsel present during

any such interview;

8. If the prize claim is not resolved within seventy-two (72)

hours from the time of filing the claim in accordance with paragraph

5 of this subsection, the TCA shall immediately notify the SCA in

writing that the claim has not been resolved;

9. In the event the claim is resolved, the TCA shall not be

obligated to report that fact to the SCA, but shall make TCA reports

available for review;

10. Any portion of a prize claim which is unresolved shall be

deemed denied if the enterprise fails to notify the claimant in

writing of its approval within thirty (30) days of the filing date,

unless the parties agree by written agreement to extend the date.

Each extension shall be for no more than thirty (30) days, but there

shall be no limit on the number of written agreements for

extensions; provided, that no written agreements for extension shall

be valid unless signed by the claimant and an authorized

representative of the TCA. The claimant and the enterprise may

continue attempts to settle a claim beyond an extended date;

provided, settlement negotiations shall not extend the date of

denial in the absence of a written extension required by this

paragraph;

11. A judicial proceeding for any cause arising from a prize

claim may be maintained in accordance with and subject to the

limitations of subsection C of this Part only if the following

requirements have been met:

a. the claimant has followed all procedures required by

this Part, including without limitation, the delivery

of a valid and timely written prize claim notice to

the enterprise,

b. the enterprise has denied the prize claim, and

c. the claimant has filed the judicial proceeding no

later than one hundred eighty (180) days after denial

of the claim by the enterprise; provided that neither

Oklahoma Statutes - Title 3A. Amusements and Sports Page 105

the claimant nor the enterprise may extend the time to

commence a judicial proceeding; and

12. Notices explaining the procedure and time limitations with

respect to making a prize claim shall be prominently posted in the

facility. Such notices shall explain the method and places for

making claims, that this procedure is the exclusive method of making

a prize claim, and that claims that do not follow this procedure

shall be forever barred. The enterprise shall make pamphlets

containing the requirements in this subsection readily available to

all patrons of the facility and shall provide such pamphlets to a

claimant by the TCA within five (5) days of the filing date of a

claim.

C. Limited Consent to Suit for Tort Claims and Prize Claims.

The tribe consents to suit against the enterprise in a court of

competent jurisdiction with respect to a tort claim or prize claim

if all requirements of paragraph 9 of subsection A or all

requirements of paragraph 11 of subsection B of this Part have been

met; provided that such consent shall be subject to the following

additional conditions and limitations:

1. For tort claims, consent to suit is granted only to the

extent such claim or any award or judgment rendered thereon does not

exceed the limit of liability. Under no circumstances shall any
raph 9 of subsection A or all

requirements of paragraph 11 of subsection B of this Part have been

met; provided that such consent shall be subject to the following

additional conditions and limitations:

1. For tort claims, consent to suit is granted only to the

extent such claim or any award or judgment rendered thereon does not

exceed the limit of liability. Under no circumstances shall any

consent to suit be effective as to any award which exceeds such

applicable amounts. This consent shall only extend to the patron

actually claiming to have been injured. A tort claim shall not be

assignable. In the event any assignment of the tort claim is made

in violation of this Compact, or any person other than the patron

claiming the injury becomes a party to any action hereunder, this

consent shall be deemed revoked for all purposes. Notwithstanding

the foregoing, consent to suit shall not be revoked if an action on

a tort claim is filed by (i) a court appointed representative of a

claimant's estate, (ii) an indispensable party, or (iii) a health

provider or other party subrogated to the claimant's rights by

virtue of any insurance policy; provided, that nothing herein is

intended to, or shall constitute a consent to suit against the

enterprise as to such party except to the extent such party's claim

is:

a. in lieu of and identical to the claim that would have

been made by the claimant directly but for the

appointment of said representative or indispensable

party, and participation of such other party is in

lieu of and not in addition to pursuit of the claim by

the patron, and

b. the claim of such other party would have been subject

to a consent to suit hereunder if it had been made by

the claimant directly; and

Oklahoma Statutes - Title 3A. Amusements and Sports Page 106

2. For prize claims, consent is granted only to the extent such

claim does not exceed the prize limit. Under no circumstances shall

any award exceed the prize limit. This consent shall only extend to

the patron actually claiming to have engaged in the play of a

covered game on which the claim is based. Prize claims shall not be

assignable. In the event any assignment of the prize claim is made,

or any person other than the claimant entitled to make the claim

becomes a party to any action hereunder, this consent shall be

deemed revoked for all purposes. Notwithstanding the foregoing,

consent to suit shall not be revoked if an action on a prize claim

is filed by (i) a court-appointed representative of a claimant's

estate, or (ii) an indispensable party, provided that nothing herein

is intended to, or shall constitute a consent to suit against the

enterprise as to such party except to the extent such party's claim

is:

a. in lieu of and identical to the claim that would have

been made by the claimant directly but for the

appointment of said representative or indispensable

party, and participation of such other party is in

lieu of and not in addition to pursuit of the claim by

the patron, and

b. the claim of such other party would have been subject

to a consent to suit hereunder if it had been made by

the claimant directly.

D. Remedies in the Event of No or Inadequate Insurance for Tort

Claim. In the event a tort claim is made and there is no, or

inadequate, insurance in effect as required under this Compact, the

enterprise shall be deemed to be in default hereunder unless, within

ten (10) days of a demand by the SCA or a claimant to do so, the

enterprise has posted in an irrevocable escrow account at a state or

federally chartered bank which is not owned or controlled by the

tribe, sufficient cash, a bond or other security sufficient to cover

any award that might be made within the limits set forth in

paragraph 1 of subsection A of this Part, and informs the claimant

and the state of:

1. The posting of the cash or bond;

2. The means by which the deposit can be independently verified
at a state or

federally chartered bank which is not owned or controlled by the

tribe, sufficient cash, a bond or other security sufficient to cover

any award that might be made within the limits set forth in

paragraph 1 of subsection A of this Part, and informs the claimant

and the state of:

1. The posting of the cash or bond;

2. The means by which the deposit can be independently verified

as to the amount and the fact that it is irrevocable until the

matter is finally resolved;

3. The right of the claimant to have this claim satisfied from

the deposit if the claimant is successful on the claim; and

4. The notice and hearing opportunities in accordance with the

tribe's tort law, if any, otherwise in accordance with principles of

due process, which will be afforded to the claimant so that the

intent of this Compact to provide claimants with a meaningful

opportunity to seek a just remedy under fair conditions will be

fulfilled.

Oklahoma Statutes - Title 3A. Amusements and Sports Page 107

Part 7. ENFORCEMENT OF COMPACT PROVISIONS

A. The tribe and TCA shall be responsible for regulating

activities pursuant to this Compact. As part of its

responsibilities, the tribe shall require the enterprise do the

following:

1. Operate the conduct of covered games in compliance with this

Compact, including, but not limited to, the standards and the

tribe's rules and regulations;

2. Take reasonable measures to assure the physical safety of

enterprise patrons and personnel, prevent illegal activity at the

facility, and protect any rights of patrons under the Indian Civil

Rights Act, 25 U.S.C., Sec. 1302-1303;

3. Promptly notify appropriate law enforcement authorities of

persons who may be involved in illegal acts in accordance with

applicable law;

4. Assure that the construction and maintenance of the facility

meets or exceeds federal and tribal standards for comparable

buildings; and

5. Prepare adequate emergency access plans to ensure the health

and safety of all covered game patrons. Upon the finalization of

emergency access plans, the TCA or enterprise shall forward copies

of such plans to the SCA.

B. All licenses for members and employees of the TCA shall be

issued according to the same standards and terms applicable to

facility employees. The TCA shall employ qualified compliance

officers under the authority of the TCA. The compliance officers

shall be independent of the enterprise, and shall be supervised and

accountable only to the TCA. A TCA compliance officer shall be

available to the facility during all hours of operation upon

reasonable notice, and shall have immediate access to any and all

areas of the facility for the purpose of ensuring compliance with

the provisions of this Compact. The TCA shall investigate any such

suspected or reported violation of this Compact and shall require

the enterprise to correct such violations. The TCA shall officially

enter into its files timely written reports of investigations and

any action taken thereon, and shall forward copies of such reports

to the SCA within fifteen (15) days of such filing. Any such

violations shall be reported immediately to the TCA, and the TCA

shall immediately forward the same to the SCA. In addition, the TCA

shall promptly report to the SCA any such violations which it

independently discovers.

C. In order to develop and foster a positive and effective

relationship in the enforcement of the provisions of this Compact,

representatives of the TCA and the SCA shall meet, not less than on

an annual basis, to review past practices and examine methods to

improve the regulatory scheme created by this Compact. The meetings

shall take place at a location mutually agreed to by the TCA and the

Oklahoma Statutes - Title 3A. Amusements and Sports Page 108

SCA. The SCA, prior to or during such meetings, shall disclose to

the TCA any concerns, suspected activities, or pending matters
on

an annual basis, to review past practices and examine methods to

improve the regulatory scheme created by this Compact. The meetings

shall take place at a location mutually agreed to by the TCA and the

Oklahoma Statutes - Title 3A. Amusements and Sports Page 108

SCA. The SCA, prior to or during such meetings, shall disclose to

the TCA any concerns, suspected activities, or pending matters

reasonably believed to possibly constitute violations of this

Compact by any person, organization or entity, if such disclosure

will not compromise the interest sought to be protected.

Part 8. STATE MONITORING OF COMPACT

A. The SCA shall, pursuant to the provisions of this Compact,

have the authority to monitor the conduct of covered games to ensure

that the covered games are conducted in compliance with the

provisions of this Compact. In order to properly monitor the

conduct of covered games, agents of the SCA shall have reasonable

access to all areas of the facility related to the conduct of

covered games as provided herein:

1. Access to the facility by the SCA shall be during the

facility's normal operating hours only; provided that to the extent

such inspections are limited to areas of the facility where the

public is normally permitted, SCA agents may inspect the facility

without giving prior notice to the enterprise;

2. Any suspected or claimed violations of this Compact or of

law shall be directed in writing to the TCA; SCA agents shall not

interfere with the functioning of the enterprise; and

3. Before SCA agents enter any nonpublic area of the facility,

they shall provide proper photographic identification to the TCA.

SCA agents shall be accompanied in nonpublic areas of the facility

by a TCA agent. A one-hour notice by SCA to the TCA may be required

to assure that a TCA officer is available to accompany SCA agents at

all times.

B. Subject to the provisions herein, agents of the SCA shall

have the right to review and copy documents of the enterprise

related to its conduct of covered games. The review and copying of

such documents shall be during normal business hours or hours

otherwise at tribe's discretion. However, the SCA shall not be

permitted to copy those portions of any documents of the enterprise

related to its conduct of covered games that contain business or

marketing strategies or other proprietary and confidential

information of the enterprise, including, but not limited to,

customer lists, business plans, advertising programs, marketing

studies, and customer demographics or profiles. No documents of the

enterprise related to its conduct of covered games or copies thereof

shall be released to the public by the state under any

circumstances. All such documents shall be deemed confidential

documents owned by the tribe and shall not be subject to public

release by the state.

C. At the completion of any SCA inspection or investigation,

the SCA shall forward a written report thereof to the TCA. The TCA

shall be apprised on a timely basis of all pertinent,

nonconfidential information regarding any violation of federal,

Oklahoma Statutes - Title 3A. Amusements and Sports Page 109

state, or tribal laws, the rules or regulations, or this Compact.

Nothing herein prevents the SCA from contacting tribal or federal

law enforcement authorities for suspected criminal wrongdoing

involving the TCA. TCA may interview SCA inspectors upon reasonable

notice and examine work papers and SCA in the same fashion that SCA

inspectors may examine auditors' notes and make auditor inquiry

unless providing such information to the TCA will compromise the

interests sought to be protected. If the SCA determines that

providing the information to the TCA will compromise the interests

sought to be protected, then the SCA shall provide such information

to the tribe in accordance with Part 13 of this Compact.

D. Nothing in this Compact shall be deemed to authorize the
auditor inquiry

unless providing such information to the TCA will compromise the

interests sought to be protected. If the SCA determines that

providing the information to the TCA will compromise the interests

sought to be protected, then the SCA shall provide such information

to the tribe in accordance with Part 13 of this Compact.

D. Nothing in this Compact shall be deemed to authorize the

state to regulate the tribe's government, including the TCA, or to

interfere in any way with the tribe's selection of its governmental

officers, including members of the TCA; provided, however, the SCA

and the tribe, upon request of the tribe, shall jointly employ, at

the tribe's expense, an independent firm to perform on behalf of the

SCA the duties set forth in subsections A and B of this Part.

Part 9. JURISDICTION

This Compact shall not alter tribal, federal or state civil

adjudicatory or criminal jurisdiction.

Part 10. LICENSING

A. 1. Except as provided in paragraph 6 of Part 3 of this

Compact, no covered game employee shall be employed at a facility or

by an enterprise unless such person is licensed in accordance with

this Compact. In addition to the provisions of this Part which are

applicable to the licensing of all covered game employees, the

requirements of 25 C.F.R., Part 556, Background Investigations for

Primary Management Officials and Key Employees, and 25 C.F.R., Part

558, Gaming Licenses for Key Employees and Primary Management

Officials, apply to Key Employees and Primary Management Officials

of the facility and enterprise.

2. All prospective covered game employees shall apply to the

TCA for a license. Licenses shall be issued for periods of no more

than two (2) years, after which they may be renewed only following

review and update of the information upon which the license was

based; provided, the TCA may extend the period in which the license

is valid for a reasonable time pending the outcome of any

investigation being conducted in connection with the renewal of such

license. In the event the SCA contends that any such extension is

unreasonable, it may seek resolution of that issue pursuant to Part

11 of this Compact.

3. The application process shall require the TCA to obtain

sufficient information and identification from the applicant to

permit a background investigation to determine if a license should

be issued in accordance with this Part and the rules and

Oklahoma Statutes - Title 3A. Amusements and Sports Page 110

regulations. The TCA shall obtain information about a prospective

covered game employee that includes:

a. full name, including any aliases by which applicant

has ever been known,

b. social security number,

c. date and place of birth,

d. residential addresses for the past five (5) years,

e. employment history for the past five (5) years,

f. driver license number,

g. all licenses issued and disciplinary charges filed,

whether or not discipline was imposed, by any state or

tribal regulatory authority,

h. all criminal arrests and proceedings, except for minor

traffic offenses, to which the applicant has been a

party,

i. a set of fingerprints,

j. a current photograph,

k. military service history, and

l. any other information the TCA determines is necessary

to conduct a thorough background investigation.

4. Upon obtaining the required initial information from a

prospective covered game employee, the TCA shall forward a copy of

such information to the SCA, along with any determinations made with

respect to the issuance or denial of a temporary or permanent

license. The SCA may conduct its own background investigation of

the applicant at SCA expense, shall notify the TCA of such

investigation within a reasonable time from initiation of the

investigation, and shall provide a written report to the TCA of the

outcome of such investigation within a reasonable time from the

receipt of a request from the TCA for such information. SCA
ary or permanent

license. The SCA may conduct its own background investigation of

the applicant at SCA expense, shall notify the TCA of such

investigation within a reasonable time from initiation of the

investigation, and shall provide a written report to the TCA of the

outcome of such investigation within a reasonable time from the

receipt of a request from the TCA for such information. SCA

inspector field notes and the SCA inspector shall be available upon

reasonable notice for TCA review and inquiry.

5. The TCA may issue a temporary license for a period not to

exceed ninety (90) days, and the enterprise may employ on a

probationary basis, any prospective covered game employee who

represents in writing that he or she meets the standards set forth

in this Part, provided the TCA or enterprise is not in possession of

information to the contrary. The temporary license shall expire at

the end of the ninety-day period or upon issuance or denial of a

permanent license, whichever event occurs first. Provided that the

temporary license period may be extended at the discretion of the

TCA so long as good faith efforts are being made by the applicant to

provide required information, or the TCA is continuing to conduct

its investigation or is waiting on information from others, and

provided further that in the course of such temporary or extended

temporary licensing period, no information has come to the attention

of the TCA which, in the absence of countervailing information then

Oklahoma Statutes - Title 3A. Amusements and Sports Page 111

in the record, would otherwise require denial of license. A

permanent license shall be issued or denied within a reasonable time

following the completion of the applicant's background

investigation.

6. In covered gaming the tribe shall not employ and shall

terminate, and the TCA shall not license and shall revoke a license

previously issued to, any covered game employee who:

a. has been convicted of any felony or an offense related

to any covered games or other gaming activity,

b. has knowingly and willfully provided false material,

statements or information on his or her employment

application, or

c. is a person whose prior activities, criminal record,

or reputation, habits, and associations pose a threat

to the public interest or to the effective regulation

and control of the conduct of covered games, or create

or enhance the dangers of unsuitable, unfair, or

illegal practices, methods, and activities in the

conduct of covered games or the carrying on of the

business and financial arrangements incidental

thereto.

7. The SCA may object to the employment of any individual by

the enterprise based upon the criteria set forth in paragraph 6 of

subsection A of this Part. Such objection shall be in writing

setting forth the basis of the objection. The SCA inspector's work

papers, notes and exhibits which formed the SCA conclusion shall be

available upon reasonable notice for TCA review. The enterprise

shall have discretion to employ an individual over the objection of

the SCA.

8. The TCA shall have the discretion to initiate or continue a

background investigation of any licensee or license applicant and to

take appropriate action with respect to the issuance or continued

validity of any license at any time, including suspending or

revoking such license.

9. The TCA shall require all covered game employees to wear, in

plain view, identification cards issued by the TCA which include a

photograph of the employee, his or her first name, a four-digit

identification number unique to the license issued to the employee,

a tribal seal or signature verifying official issuance of the card,

and a date of expiration, which shall not extend beyond such

employee's license expiration date.

B. 1. Any person or entity who, directly or indirectly,

provides or is likely to provide at least Twenty-five Thousand
loyee, his or her first name, a four-digit

identification number unique to the license issued to the employee,

a tribal seal or signature verifying official issuance of the card,

and a date of expiration, which shall not extend beyond such

employee's license expiration date.

B. 1. Any person or entity who, directly or indirectly,

provides or is likely to provide at least Twenty-five Thousand

Dollars ($25,000.00) in goods or services to the enterprise in any

twelve-month period, or who has received at least Twenty-five

Thousand Dollars ($25,000.00) for goods or services provided to the

enterprise in any consecutive twelve-month period within the

Oklahoma Statutes - Title 3A. Amusements and Sports Page 112

immediately preceding twenty-four-month period, or any person or

entity who provides through sale, lease, rental or otherwise covered

games, or parts, maintenance or service in connection therewith to

the tribe or the enterprise at any time and in any amount, shall be

licensed by the TCA prior to the provision thereof. Provided, that

attorneys or certified public accountants and their firms shall be

exempt from the licensing requirement herein to the extent that they

are providing services covered by their professional licenses.

2. Background investigations and licensing shall follow the

same process and apply the same criteria as for covered game

employees set forth in paragraph 6 of subsection A of this Part.

3. In the case of a license application of any entity, all

principals thereof shall be subjected to the same background

investigation required for the licensing of a covered game employee,

but no license as such need be issued; provided, no license shall be

issued to the entity if the TCA determines that one or more of its

principals will be persons who would not be qualified to receive a

license if they applied as covered game employees.

4. Nothing herein shall prohibit the TCA from processing and

issuing a license to a principal in his or her own name.

5. Licenses issued under this subsection shall be reviewed at

least every two (2) years for continuing compliance, and shall be

promptly revoked if the licensee is determined to be in violation of

the standards set forth in paragraph 6 of subsection A of this Part.

In connection with such a review, the TCA shall require the person

or entity to update all information provided in the previous

application.

6. The enterprise shall not enter into, or continue to make

payments pursuant to, any contract or agreement for the provision of

goods or services with any person or entity who does not meet the

requirements of this Part including, but not limited to, any person

or entity whose application to the TCA for a license has been

denied, or whose license has expired or been suspended or revoked.

7. Pursuant to 25 C.F.R., Part 533, all management contracts

must be approved by the Chair of the National Indian Gaming

Commission. The SCA shall be notified promptly after any such

approval.

8. In addition to any licensing criteria set forth above, if

any person or entity seeking licensing under this subsection is to

receive any fee or other payment based on the revenues or profits of

the enterprise, the TCA may take into account whether or not such

fee or other payment is fair in light of market conditions and

practices.

C. 1. Subject to the exceptions set forth in paragraph 4 of

this subsection, any person or entity extending financing, directly

or indirectly, to the facility or enterprise in excess of Fifty

Thousand Dollars ($50,000.00) in any twelve-month period shall be

Oklahoma Statutes - Title 3A. Amusements and Sports Page 113

licensed prior to providing such financing. Principals thereof

shall be subjected to background investigations and determinations

in accordance with the procedures and standards set forth in

subsection A of this Part. Licenses issued under this section shall
of Fifty

Thousand Dollars ($50,000.00) in any twelve-month period shall be

Oklahoma Statutes - Title 3A. Amusements and Sports Page 113

licensed prior to providing such financing. Principals thereof

shall be subjected to background investigations and determinations

in accordance with the procedures and standards set forth in

subsection A of this Part. Licenses issued under this section shall

be reviewed at least every two (2) years for continuing compliance,

and shall be promptly revoked if the licensee is determined to be in

violation of the standards set forth in paragraph 6 of subsection A

of this Part. In connection with such a review, the TCA shall

require the person or entity to update all information provided in

the previous application.

2. The SCA shall be notified of all financing and loan

transactions with respect to covered games or supplies in which the

amount exceeds Fifty Thousand Dollars ($50,000.00) in any twelve-

month period, and shall be entitled to review copies of all

agreements and documents in connection therewith.

3. A supplier of goods or services who provides financing

exclusively in connection with the sale or lease of covered games

equipment or supplies shall be licensed solely in accordance with

licensing procedures applicable, if at all, to such suppliers

herein.

4. Financing provided by a federally regulated or state-

regulated bank, savings and loan, or trust, or other federally or

state-regulated lending institution; any agency of the federal,

state, tribal or local government; or any person or entity,

including, but not limited to, an institutional investor who, alone

or in conjunction with others, lends money through publicly or

commercially traded bonds or other commercially traded instruments,

including but not limited to the holders of such bonds or

instruments or their assignees or transferees, or which bonds or

commercially traded instruments are underwritten by any entity whose

shares are publicly traded or which underwriter, at the time of the

underwriting, has assets in excess of One Hundred Million Dollars

($100,000,000.00), shall be exempt from the licensing and background

investigation requirements in subsection B of this Part or this

subsection.

D. In the event the SCA objects to a lender, vendor or any

other person or entity within subsection B or C of this Part seeking

to do business with the enterprise, or to the continued holding of a

license by such person or entity, it may notify the TCA of its

objection. The notice shall set forth the basis of the objection

with sufficient particularity to enable the TCA to investigate the

basis of the objection. The SCA inspector and SCA inspector field

notes shall be available for TCA review and inquiry. Within a

reasonable time after such notification, the TCA shall report to the

SCA on the outcome of its investigation and of any action taken or

decision not to take action.

Part 11. EXCLUSIVITY AND FEES

Oklahoma Statutes - Title 3A. Amusements and Sports Page 114

A. The parties acknowledge and recognize that this Compact

provides tribes with substantial exclusivity and, consistent with

the goals of IGRA, special opportunities for tribal economic

opportunity through gaming within the external boundaries of

Oklahoma in respect to the covered games. In consideration thereof,

so long as the state does not change its laws after the effective

date of this Compact to permit the operation of any additional form

of gaming by any such organization licensee, or change its laws to

permit any additional electronic or machine gaming within Oklahoma,

the tribe agrees to pay the following fees:

1. The tribe covenants and agrees to pay to the state a fee

derived from covered game revenues calculated as set forth in

paragraph 2 of this subsection. Such fee shall be paid no later

than the twentieth day of the month for revenues received by the

tribe in the preceding month; and
rmit any additional electronic or machine gaming within Oklahoma,

the tribe agrees to pay the following fees:

1. The tribe covenants and agrees to pay to the state a fee

derived from covered game revenues calculated as set forth in

paragraph 2 of this subsection. Such fee shall be paid no later

than the twentieth day of the month for revenues received by the

tribe in the preceding month; and

2. The fee shall be:

a. four percent (4%) of the first Ten Million Dollars

($10,000,000.00) of adjusted gross revenues received

by a tribe in a calendar year from the play of

electronic amusement games, electronic bonanza-style

bingo games and electronic instant bingo games,

b. five percent (5%) of the next Ten Million Dollars

($10,000,000.00) of adjusted gross revenues received

by a tribe in a calendar year from the play of

electronic amusement games, electronic bonanza-style

bingo games and electronic instant bingo games,

c. six percent (6%) of all subsequent adjusted gross

revenues received by a tribe in a calendar year from

the play of electronic amusement games, electronic

bonanza-style bingo games and electronic instant bingo

games, and

d. ten percent (10%) of the monthly net win of the common

pool(s) or pot(s) from which prizes are paid for

nonhouse-banked card games. The tribe is entitled to

keep an amount equal to state payments from the common

pool(s) or pot(s) as part of its cost of operating the

games.

Payments of such fees shall be made to the Treasurer of the

State of Oklahoma. Nothing herein shall require the allocation of

such fees to particular state purposes, including, but not limited

to, the actual costs of performing the state's regulatory

responsibilities hereunder.

B. Annual oversight assessment. In addition to the fee

provided for in subsection A of this Part, the state shall be

entitled to payment for its costs incurred in connection with the

oversight of covered games to the extent provided herein, "annual

oversight assessment". The annual oversight assessment, which shall

Oklahoma Statutes - Title 3A. Amusements and Sports Page 115

be Thirty-five Thousand Dollars ($35,000.00), shall be determined

and paid in advance on a fiscal year basis for each twelve (12)

months ending on June 30 of each year.

C. Upon the effective date of this Compact, the tribe shall

deposit with the SCA the sum of Fifty Thousand Dollars ($50,000.00)

("start-up assessment"). The purpose of the start-up assessment

shall be to assist the state in initiating its administrative and

oversight responsibilities hereunder and shall be a one-time payment

to the state for such purposes.

D. Nothing in this Compact shall be deemed to authorize the

state to impose any tax, fee, charge or assessment upon the tribe or

enterprise except as expressly authorized pursuant to this Compact;

provided that, to the extent that the tribe is required under

federal law to report prizes awarded, the tribe agrees to copy such

reports to the SCA.

E. In consideration for the covenants and agreements contained

herein, the state agrees that it will not, during the term of this

Compact, permit the nontribal operation of any machines or devices

to play covered games or electronic or mechanical gaming devices

otherwise presently prohibited by law within the state in excess of

the number and outside of the designated locations authorized by the

State-Tribal Gaming Act. The state recognizes the importance of

this provision to the tribe and agrees, in the event of a breach of

this provision by the state, to require any nontribal entity which

operates any such devices or machines in excess of such number or

outside of the designated location to remit to the state at least

quarterly no less than fifty percent (50%) of any increase in the

entities' adjusted gross revenues following the addition of such

excess machines. The state further agrees to remit at least
h of

this provision by the state, to require any nontribal entity which

operates any such devices or machines in excess of such number or

outside of the designated location to remit to the state at least

quarterly no less than fifty percent (50%) of any increase in the

entities' adjusted gross revenues following the addition of such

excess machines. The state further agrees to remit at least

quarterly to eligible tribes, as liquidated damages, a sum equal to

fifty percent (50%) of any increase in the entities' adjusted gross

revenues following the addition of such excess machines. For

purposes of this Part, "eligible tribes" means those tribes which

have entered into this Compact and are operating gaming pursuant to

this Compact within forty-five (45) miles of an entity which is

operating covered game machines in excess of the number authorized

by, or outside of the location designated by, the State-Tribal

Gaming Act. Such liquidated damages shall be allocated pro rata to

eligible tribes based on the number of covered game machines

operated by each Eligible Tribe in the time period when such

adjusted gross revenues were generated.

F. In consideration for the covenants and agreements contained

herein, the tribe agrees that in the event it has currently or

locates in the future a facility within a radius of twenty (20)

miles from a recipient licensee as that term is defined in

subsection K of Section 263 of this title that it shall comply with

the requirements of subsection K of Section 263 of this title.

Oklahoma Statutes - Title 3A. Amusements and Sports Page 116

Part 12. DISPUTE RESOLUTION

In the event that either party to this Compact believes that the

other party has failed to comply with any requirement of this

Compact, or in the event of any dispute hereunder, including, but

not limited to, a dispute over the proper interpretation of the

terms and conditions of this Compact, the following procedures may

be invoked:

1. The goal of the parties shall be to resolve all disputes

amicably and voluntarily whenever possible. A party asserting

noncompliance or seeking an interpretation of this Compact first

shall serve written notice on the other party. The notice shall

identify the specific Compact provision alleged to have been

violated or in dispute and shall specify in detail the asserting

party's contention and any factual basis for the claim.

Representatives of the tribe and state shall meet within thirty (30)

days of receipt of notice in an effort to resolve the dispute;

2. Subject to the limitation set forth in paragraph 3 of this

Part, either party may refer a dispute arising under this Compact to

arbitration under the rules of the American Arbitration Association

(AAA), subject to enforcement or pursuant to review as provided by

paragraph 3 of this Part by a federal district court. The remedies

available through arbitration are limited to enforcement of the

provisions of this Compact. The parties consent to the jurisdiction

of such arbitration forum and court for such limited purposes and no

other, and each waives immunity with respect thereto. One

arbitrator shall be chosen by the parties from a list of qualified

arbitrators to be provided by the AAA. If the parties cannot agree

on an arbitrator, then the arbitrator shall be named by the AAA.

The expenses of arbitration shall be borne equally by the parties.

A party asserting noncompliance or seeking an interpretation of

this Compact under this section shall be deemed to have certified

that to the best of the party's knowledge, information, and belief

formed after reasonable inquiry, the claim of noncompliance or the

request for interpretation of this Compact is warranted and made in

good faith and not for any improper purpose, such as to harass or to

cause unnecessary delay or the needless incurring of the cost of

resolving the dispute. If the dispute is found to have been
that to the best of the party's knowledge, information, and belief

formed after reasonable inquiry, the claim of noncompliance or the

request for interpretation of this Compact is warranted and made in

good faith and not for any improper purpose, such as to harass or to

cause unnecessary delay or the needless incurring of the cost of

resolving the dispute. If the dispute is found to have been

initiated in violation of this Part, the Arbitrator, upon request or

upon his or her own initiative, shall impose upon the violating

party an appropriate sanction, which may include an award to the

other party of its reasonable expenses incurred in having to

participate in the arbitration; and

3. Notwithstanding any provision of law, either party to the

Compact may bring an action against the other in a federal district

court for the de novo review of any arbitration award under

paragraph 2 of this Part. The decision of the court shall be

subject to appeal. Each of the parties hereto waives immunity and

Oklahoma Statutes - Title 3A. Amusements and Sports Page 117

consents to suit therein for such limited purposes, and agrees not

to raise the Eleventh Amendment to the United States Constitution or

comparable defense to the validity of such waiver.

Nothing herein shall be construed to authorize a money judgment

other than for damages for failure to comply with an arbitration

decision requiring the payment of monies.

Part 13. CONSTRUCTION OF COMPACT; FEDERAL APPROVAL

A. Each provision, section, and subsection of this Compact

shall stand separate and independent of every other provision,

section, or subsection. In the event that a federal district court

shall find any provision, section, or subsection of this Compact to

be invalid, the remaining provisions, sections, and subsections of

this Compact shall remain in full force and effect, unless the

invalidated provision, section or subsection is material.

B. Each party hereto agrees to defend the validity of this

Compact and the legislation in which it is embodied. This Compact

shall constitute a binding agreement between the parties and shall

survive any repeal or amendment of the State-Tribal Gaming Act.

C. The parties shall cooperate in seeking approval of this

Compact from an appropriate federal agency as a tribal-state compact

under the Indian Gaming Regulatory Act.

D. The standards for electronic bonanza-style bingo games,

electronic instant bingo games and electronic amusement games

established in the State-Tribal Gaming Act as enacted in 2004, and,

at the election of the tribe, any standards contained in the

Oklahoma Horse Racing Commission rules issued pursuant to subsection

B of Section 268 of this title are hereby incorporated in this

Compact and shall survive any repeal of the State-Tribal Gaming Act,

or any games authorized thereunder. In the event that any of said

standards are changed by amendment of the State-Tribal Gaming Act,

the tribe shall have the option to incorporate said changes into

this Compact by delivery of written notice of said changes to the

Governor and the SCA.

Part 14. NOTICES

All notices required under this Compact shall be given by

certified mail, return receipt requested, commercial overnight

courier service, or personal delivery, to the following persons:

Governor

Chair, State-Tribal Relations Committee

Attorney General

[Principal Chief, Governor or Chair]

[Name of Tribe]

[Address]

With copies to:

_______________________

_______________________

Part 15. DURATION AND NEGOTIATION

Oklahoma Statutes - Title 3A. Amusements and Sports Page 118

A. This Compact shall become effective upon the last date of

the satisfaction of the following requirements:

1. Due execution on behalf of the tribe, including obtaining

all tribal resolutions and completing other tribal procedures as may

be necessary to render the tribe's execution effective;
___

Part 15. DURATION AND NEGOTIATION

Oklahoma Statutes - Title 3A. Amusements and Sports Page 118

A. This Compact shall become effective upon the last date of

the satisfaction of the following requirements:

1. Due execution on behalf of the tribe, including obtaining

all tribal resolutions and completing other tribal procedures as may

be necessary to render the tribe's execution effective;

2. Approval of this Compact by the Secretary of the Interior as

a tribal-state compact within the meaning of IGRA and publication in

the Federal Register or satisfaction of any other requirement of

federal law; and

3. Payment of the start-up assessment provided for in

subsection C of Part 11 of this Compact.

B. This Compact shall have a term which will expire on January

1, 2020, and at that time, if organization licensees or others are

authorized to conduct electronic gaming in any form other than pari-

mutuel wagering on live horse racing pursuant to any governmental

action of the state or court order following the effective date of

this Compact, the Compact shall automatically renew for successive

additional fifteen-year terms; provided that, within one hundred

eighty (180) days of the expiration of this Compact or any renewal

thereof, either the tribe or the state, acting through its Governor,

may request to renegotiate the terms of subsections A and E of Part

11 of this Compact.

C. This Compact shall remain in full force and effect until the

sooner of expiration of the term or until the Compact is terminated

by mutual consent of the parties.

D. This Compact may be terminated by state upon thirty (30)

days' prior written notice to the tribe in the event of either (1) a

material breach by the tribe of the terms of a tobacco Compact with

the state as evidenced by a final determination of material breach

from the dispute resolution forum agreed upon therein, including

exhaustion of all available appellate remedies therefrom, or (2) the

tribe's failure to comply with the provisions of Section 346 et seq.

of Title 68 of the Oklahoma Statutes, provided that the tribe may

cure either default within the thirty-day notice period, or within

such additional period as may be reasonably required to cure the

default, in order to preserve continuation of this Compact.

The state hereby agrees that this subsection is severable from

this Compact and shall automatically be severed from this Compact in

the event that the United States Department of the Interior

determines that these provisions exceed the state's authority under

IGRA.

Part 16. AUTHORITY TO EXECUTE

This Compact, as an enactment of the people of Oklahoma, is

deemed approved by the State of Oklahoma. No further action by the

state or any state official is necessary for this Compact to take

effect upon approval by the Secretary of the Interior and

publication in the Federal Register. The undersigned tribal

Oklahoma Statutes - Title 3A. Amusements and Sports Page 119

official(s) represents that he or she is duly authorized and has the

authority to execute this Compact on behalf of the tribe for whom he

or she is signing.

APPROVED:

[Name of Tribe]

____________________________ Date _________________

[CHIEF EXECUTIVE OFFICER]