Fifth Amendment to the Tribal-State Compact for Class III Gaming — Nisqually Indian Tribe and the State of Washington

Summary

This is the Fifth Amendment to the Tribal-State Compact for Class III Gaming between the Nisqually Indian Tribe and the State of Washington, which the introduction says the parties restated on May 18, 2022. It amends Section II.S and EE so that a Gaming Station means one conventional, physical Gaming table or Electronic Table Games subject to Appendix G. A new Section IV.A(4) lets the Tribe offer Electronic Table Games, and Appendix G is added in its entirety. Appendix G requires any ETG to meet or exceed Gaming Laboratories International standards GLI-24 and GLI-25. The execution blocks name William Frank III, Chairman, and Jay Inslee, Governor.

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“Fifth Amendment to the Tribal-State Compact for Class III Gaming — Nisqually Indian Tribe and the State of Washington.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-07-10-a31365-d262553-nisqually-fifth-amendment-b75a63e225/, SHA-256 c30f59f102ebebeb82cd1584d4e71a93b591551de1b2a4a56c935b22cd0a803f.

Full text

FIFTH AMENDMENT TO THE TRIBAL-STATE COMPACT
FOR CLASS III GAMING BETWEEN
THE NISQUALLY INDIAN TRIBE
AND THE
STATE OF WASHINGTON

INTRODUCTION

The NISQUALLY INDIAN TRIBE (hereafter, “Tribe”) and the STATE OF WASHINGTON
(hereafter, “State”) restated its Class III gaming compact (hereafter “Compact”) on May 18,
2022, pursuant to the Indian Gaming Regulatory Act (hereafter, “IGRA”). At the request of the
Tribe, the Tribe and State entered into negotiations for further amendments to the Compact. The
parties have reached an agreement on Compact amendments as set forth in this document. The

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parties believe the conduct of Class III gaming under the terms and conditions set forth below
will benefit the Tribe and the State and protect members of the Tribe and citizens of the State
consistent with the objectives of IGRA.

COMPACT AMENDMENT

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Compact, Section II. S and EE are amended to read as follows:
S. “Gaming Station” means one conventional, physical Gaming table of the general
size and scope as commonly used in Nevada. or Electronic Table Games, subject to
Appendix G.

EE. “Pit” means the area enclosed or encircled by an arrangement of Gaming Stations,
other than Electronic Table Games, in which Gaming Facility personnel administer
and supervise the games played at the Gaming Stations by the patrons located on
the outside perimeter of the area.

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2.

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3.
A new Section IV.A(4) is added to the Compact as follows:
(4) The Tribe may offer Electronic Table Games, subject to Appendix G.

The Compact is hereby amended to add Appendix G—Electronic Table Games, in
the form attached hereto, in its entirety.
IN WITNESS WHEREOF, the Nisqually Indian Tribe and the State of Washington have
executed this Fifth Amendment to the Compact.

NISQUALLY INDIAN TRIBE STATE OF WASHINGTON

BY: BY:
WILLIAM FRANK III JAY INSLEE
Chairman Governor

Dated: Dated:
NISQUALLY INDIAN TRIBE
and the
STATE OF WASHINGTON
CLASS III GAMING COMPACT

APPENDIX G
ELECTRONIC TABLE GAMES

Table of Contents
SECTION 1. CONDITIONS AND LIMITATIONS ................................................................................ 1
SECTION 2. DEFINITIONS ..................................................................................................................... 1

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SECTION 3. AUTHORIZATION ............................................................................................................. 2
SECTION 4. NUMBER OF GAMING STATIONS ............................................................................... 3
SECTION 5. OPERATION AND REPORTING REQUIREMENTS ................................................... 3

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SECTION 6. APPROVAL OF ELECTRONIC TABLE GAME SYSTEMS....................................... 5
SECTION 7. COMMUNITY CONTRIBUTIONS .................................................................................. 7
SECTION 8. PROBLEM AND RESPONSIBLE GAMING................................................................... 7
SECTION 9. ANTI-MONEY LAUNDERING ......................................................................................... 7

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SECTION 1. CONDITIONS AND LIMITATIONS

This Appendix contains the interrelated concessions, limitations, and agreement of the Tribe and
State with respect to the subject matter addressed herein. Provisions of the Compact and
appendices, as amended (together, the “Compact”), that are not addressed in this Appendix
remain in full force and effect, unless and until they are subsequently amended pursuant to the
processes set forth in the Compact. This Appendix contains interdependent conditions and
consequences that must be accepted as a whole in order to adopt this Appendix.
The Tribe and State agree that, although the Compact and its appendices become effective upon
publication of notice of approval by the Secretary of the Interior of the United States in the
Federal Register in accordance with 25 U.S.C. § 2710(d)(3)(B), the implementation of this
Appendix shall be delayed until any of the provisions herein are implemented by the Tribe
(“Implementation Date”). However, if certain provisions in this Appendix have been

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implemented through another appendix, the delayed implementation shall not apply to those
provisions. The Tribe shall provide at least ten (10) days advance notice to the State prior to
implementation of this Appendix.

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Any provisions of the Compact and Appendices that do not conflict with these standards shall
apply to Electronic Table Games. To the extent they do not conflict, existing Internal Controls,
game rules, and similar documents in effect as of the date of the publication of the Fifth
Amendment remain in full force and effect unless and until they are subsequently modified
pursuant to the process set forth in the Compact.

SECTION 2. DEFINITIONS

The following terms apply to this Appendix. All capitalized terms not defined herein, to the

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extent they do not conflict, shall have the same definitions as in the Compact.

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“Component” means Electronic Table Game Terminals, any dealer interface, the
Electronic Wagering System, and hardware, software, and servers that function
collectively to simulate table game operations and are necessary to operate the Electronic
Table Game System.

“Communal Shoe” means a randomly shuffled and dealt deck or decks of cards, whether
physical or electronic, that removes each card played until the round of play is completed
according to the approved game rules.

“Electronic Table Game” or “ETG” means an electronic version of a Class III table
game.

“Electronic Table Game System” or “ETG System” means a system that utilizes
electronics in connection with the generation, collection, storage, and communication of
game outcome, accounting, and significant event data, including all Components thereof,
to operate Electronic Table Games.

Nisqually Indian Tribe—State of Washington Gaming Compact
Appendix G—Electronic Table Games
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“Electronic Table Game Terminal” or “ETG Terminal” means a computer housed in a
cabinet with input device(s) and video screen(s) where a player may play Electronic
Table Games.

“Electronic Wagering System” means a Component of the ETG System that includes a
computer or server and any related hardware, software or other device that facilitates
patron play at an Electronic Table Game.

SECTION 3. AUTHORIZATION

3.1 The ETG System must be honest, fair, secure, reliable, auditable, and compliant with the
Compact and the standards contained in this Appendix and any related MOU.

3.2 System Conditions. An ETG System is authorized when the ETG System does not allow

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a patron to play a device prohibited by RCW 9.46.0233(1)(b) and RCW 67.70.040(1)(a)
(“Play Against the Machine”). An ETG System does not allow Play Against the Machine
when:

3.2.1

3.2.2

3.2.3
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there is a human dealer involved in the play of the ETG (“Dealer Controlled”); or

the play of the ETG does not involve a human dealer, and the ETG System is
configured for play between two or more patrons against the same roll of dice or
spin of the wheel, or a Communal Shoe of electronic cards (“Non-Dealer
Controlled”); however, only one patron is needed to initiate game play; or

it is a hybrid of Dealer Controlled and Non-Dealer Controlled, provided that any
ETG played as Dealer Controlled follows applicable Dealer-Controlled standards

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3.3
set forth in this Appendix and any ETG offered as Non-Dealer Controlled follows
applicable Non-Dealer Controlled standards set forth in this Appendix.

Specific Games

3.3.1

3.3.2
The Tribe may offer for play an ETG version of any Class III table game
approved in Compact Section IV.A. Pay table or odds offered on an ETG shall be
consistent with game rules as approved in Section X.B. ETG game rules must be
displayed on each ETG Terminal.

An ETG Terminal may allow for play any other Class III activity as authorized
under the Compact and Appendices, other than the Tribal Lottery System or any
Gaming activity with a limited allocation.

3.3.3 Concurrent play. Patrons may play more than one ETG concurrently using a
single ETG Terminal under the following requirements:

Nisqually Indian Tribe—State of Washington Gaming Compact
Appendix G—Electronic Table Games
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a. An ETG Terminal must display clear information about each ETG available
for play and such information must be available to a patron without the patron
first placing a wager.

b. An ETG Terminal must display each ETG selected for play by the patron.

c. An ETG Terminal must display the decisions and outcomes of play for each
ETG selected by the patron.

d. An ETG may not be added to or removed from an ETG Terminal in use by a
patron.

3.4 Wager Limits. Wager limits for ETGs shall not exceed $500.

3.5

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Electronic Wagering System. An ETG shall be activated with an Electronic Wagering
System that meets the standards described in Section 5.1.2. An ETG Terminal shall not
issue coin or U.S. currency at the conclusion of a patron’s play.

SECTION 4. NUMBER OF GAMING STATIONS

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Every nine (9) ETG Terminals shall constitute one Gaming Station. If the number of ETG
Terminals put into play is not perfectly divisible by nine (9), then any remainder less than nine
(9) will constitute a Gaming Station. For example, if ten (10) ETG Terminals are in operation, it
will constitute two (2) Gaming Stations.

SECTION 5. OPERATION AND REPORTING REQUIREMENTS

5.1. Standards for Operation.

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5.1.1

5.1.2
Any ETG must comply with the standards established by this Appendix and any
applicable provision of the Compact, and must meet or exceed all applicable
standards of Gaming Laboratories International’s Standards GLI-24 (Electronic
Table Game Systems) (“GLI-24”) and GLI-25 (Dealer Controlled Electronic
Table Games), as amended or modified. Any standards that contemplate features
or functionalities of an ETG System that conflict with Section 3 of this Appendix
are not applicable, and such features or functionalities are prohibited.

Any Electronic Wagering System must meet or exceed Gaming Laboratories
International’s Standard GLI-16 (Cashless Systems in Casinos), the standards
established by this Appendix, any applicable provision of the Compact, including
Cashless Transaction System as defined in Appendix X2, and any related MOU.
Provided, any “Cashless Systems in Casinos” that would add money to or take
money from a patron’s account without a cashier or kiosk would require
negotiations in Section XV.G.

Nisqually Indian Tribe—State of Washington Gaming Compact
Appendix G—Electronic Table Games
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5.1.3 The Tribal Gaming Agency and the State Gaming Agency may mutually agree in
writing to alternative standards for any ETG System authorized in Section 3 in
lieu of the GLI standards described in Sections 5.1.1 and 5.1.2 above that
maintain the integrity and security of the ETG System.

5.2. Internal controls. Prior to offering ETGs for play, the Tribe must implement Internal
Controls as minimum operating standards to govern the operation and management of the
ETG System.

5.2.1 Initial Internal Controls. The Tribal Gaming Agency shall forward to the State
Gaming Agency its initial Internal Controls for ETG Systems for review and
concurrence. The Tribal Gaming Agency shall detail how the Internal Controls
meet or exceed the requirements described in this Appendix or any related MOU.
The State Gaming Agency concurrence with the Tribal Gaming Agency proposal

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shall be deemed granted after twenty (20) days of receipt of the Tribal Gaming
Agency proposal if no disapproval in writing is received from the State Gaming
Agency. The State Gaming Agency shall only disapprove such portions of a
proposal it finds would have a material adverse impact on public interest or on the

5.2.2
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integrity of ETG System(s) and shall detail the reasons for disapproval. If a
dispute regarding this process cannot be resolved by the Tribal Gaming Agency
and State Gaming Agency within thirty (30) days, the Parties may seek dispute
resolution pursuant to the Compact.

Minimum Requirements. The Internal Controls will address the following, at a
minimum:

a. Description of Gaming Employees who perform essential functions,

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b.

e.
supervisory authority, handling payouts on winning vouchers.

User access controls for ETG personnel;

Segregation of duties;

Procedures for receiving, investigation and responding to patron
complaints;

Accounting and audit procedures;

f. Procedures to ensure the physical security of the ETG Systems, including
key controls and Closed Surveillance System coverage;

g. Procedures to ensure the integrity and security of all sensitive data and
software;

h. Procedures to ensure that access to sensitive data and software is limited to
appropriate personnel;

Nisqually Indian Tribe—State of Washington Gaming Compact
Appendix G—Electronic Table Games
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i. Procedures to ensure accurate accounting of wagers and payouts;

j. Procedures to ensure the logging of the events and the availability of
records to permit an effective audit of the conduct of the ETG System and
the reporting of revenue;

k. All existing Internal Controls are updated, as necessary, to ensure there are
no conflicts with any Internal Controls governing ETG Systems; and

l. Any other internal controls deemed necessary by the State Gaming
Agency and Tribal Gaming Agency.

5.3. Required Reports. Reports necessary to record information as deemed necessary by the
Tribal Gaming Agency or as required by Internal Controls must be generated. These
reports may include, but are not limited to, all applicable reports as outlined in

5.4.
Section 2.21 of GLI-24.
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Training. A manufacturer’s prototype (e.g., test cart) of the version of the ETG System
that will be installed at the Gaming Facility will be delivered to the State Gaming Agency

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for training purposes prior to field testing. The State Gaming Agency will collaborate
with the Tribal Gaming Agency to provide additional training opportunities related to
ETG Systems. The Tribal Gaming Agency and the State Gaming Agency may mutually
agree to an alternative to a prototype.

SECTION 6. APPROVAL OF ELECTRONIC TABLE GAME SYSTEMS

6.1. Purpose. The general purpose of testing an ETG System pursuant to this Section 6 is to
determine the compliance of the ETG System with this Appendix and any applicable
MOU(s).

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6.2.

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Independent Test Laboratory (ITL) Testing for ETG System, Upgrades, and New
Equipment; Modifications.

6.2.1

6.2.2
ITL Requirement. Each new or upgraded ETG System may be offered for play
only if it has been tested and certified as meeting the applicable standards of this
Appendix and any related MOU by an ITL selected by the Tribe from SGA’s
approved ITL list.

ITL Reports and Certification. At the conclusion of testing, the ITL shall provide
to the Tribal Gaming Agency and the State Gaming Agency its certification and
supporting documentation. If the ITL provides sufficient documentation that the
ETG System or relevant Component has been tested and certified by that ITL in
any other jurisdiction and it meets the requirements of this Appendix, without any
subsequent modifications, that shall be sufficient to satisfy this requirement.

6.2.3 Modifications. No substantive modification to any ETG System may be made
after testing, certification, and approval without certification of the modification
Nisqually Indian Tribe—State of Washington Gaming Compact
Appendix G—Electronic Table Games
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by an ITL. The following modifications are not considered substantive and do not
require ITL certification or notification to the State Gaming Agency: (a) changes
to content not related to any regulated feature; (b) adding or removing users;
(c) any system configuration changes that have no impact on the accuracy of
report information including gaming revenue; and (d) minor modifications to
hardware.

6.3. Field Testing for ETG Systems.

6.3.1 A new ETG System may only be offered for play subject to field testing at the
Tribe’s Gaming Facility as described below.

6.3.2 The terms, conditions, criteria, and objectives for each ETG System to be field
tested must be jointly agreed to by TGA and SGA in writing prior to field testing
and must include at least:

a. T
The requirements and standards that must be met to determine successful
field testing.

e.
AFThe number of ETG Terminals to be included in the field test.

The demarcation of the testing area of the gaming floor and necessary
signage.

The appropriate length of the testing period.

Identification of who will receive updates, how the updates will be sent,
and when they will be sent.

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6.3.3 Approval.

a. After a minimum of thirty (30) days of active operation of field testing
free of substantial errors, the Tribal Gaming Agency and State Gaming
Agency may end field testing and approve the ETG System if the final
joint field testing report provides, at a minimum, the details of testing, any
issues identified, the resolution of those issues, and overall performance
and compliance of the ETG System with applicable standards.

b. The ETG System shall be deemed approved after ninety (90) days of
active operation unless disapproved in writing by the Tribal Gaming
Agency or State Gaming Agency detailing the reasons for disapproval.

c. Field testing may be suspended by the Tribal Gaming Agency, State
Gaming Agency, or the manufacturer at any time for non-compliance.

Nisqually Indian Tribe—State of Washington Gaming Compact
Appendix G—Electronic Table Games
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Once the Tribal Gaming Agency and State Gaming Agency agree the non-
compliance issue is resolved, field testing may resume.

6.4. Implementation of Approved ETG by another tribe. The Tribe may conduct their own
field testing period as outlined above or, once field testing is completed for another tribe,
the Tribe may rely on that testing for approval when its ETG System is the same and
configured in the same way.

SECTION 7. COMMUNITY CONTRIBUTIONS

“Net Win from Gaming Stations” as used in Section III.F of the Compact shall include Net Win
from ETGs.

SECTION 8. PROBLEM AND RESPONSIBLE GAMING

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Monetary Contribution. Section 14.4 of Appendix X2, as previously amended, is replaced
in its entirety to read as follows:

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Problem Gambling. The Tribe shall contribute an amount as described below to programs
for problem gambling education, awareness, prevention, and treatment for tribal and non-
tribal citizens in the State of Washington. Contributions shall be made to charitable
and/or non-profit organizations, or to governmental organizations which may include the
Health Care Authority’s Division of Behavioral Health and Recovery or a successor
agency with expertise in providing awareness, prevention, education, outreach, treatment,
and recovery support services for problem gambling. Beginning on the Implementation
Date and until June 30, 2024, the Tribe shall accrue 0.20 percent (0.2%) of the net win
derived from all Class III gaming activities, determined on an annual basis. Beginning on

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8.2
July 1, 2024, and subsequent fiscal years, the Tribe shall accrue 0.26 percent (0.26%).
The percent of net win accrued shall be paid annually within one year of the close of the
Tribe’s fiscal year.

Commitment to Responsible Gaming. The Tribe and State Gaming Agency recognize
the importance of responsible gambling as part of the shared responsibility to protect the
health, welfare, and safety of the citizens of the Tribe and of the State. In addition to the
requirements of Appendix S, Section 24, the Tribe agrees to display a commitment to
responsible gambling and a link to the Gaming Operation’s responsible gambling policy
on each ETG Terminal.

SECTION 9. ANTI-MONEY LAUNDERING

The Tribe’s Internal Controls will describe how the Tribe will comply with applicable federal
requirements including requirements imposed by the Federal Trade Commission (FTC), Office
of the Comptroller of the Currency (OCC), Financial Crimes Enforcement Network (FinCEN),
Consumer Financial Protection Bureau (CFPB), Office of Foreign Assets Control (OFAC) and
the US Department of Treasury.
Nisqually Indian Tribe—State of Washington Gaming Compact
Appendix G—Electronic Table Games
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