The governor is authorized to execute a revenue-sharing agreement in the form
substantially set forth in this section with any New Mexico Indian nation, tribe or pueblo
that has also entered into an Indian gaming compact as provided by law. Execution of
an Indian gaming compact is conditioned upon execution of a revenue-sharing
agreement. The consideration for the Indian entity entering into the revenue-sharing
agreement is the condition of the agreement providing limited exclusivity of gaming
activities to the tribal entity. The revenue-sharing agreement shall be in substantially the
following form and is effective when executed by the governor on behalf of the state and
the appropriate official of the Indian entity:
"REVENUE-SHARING AGREEMENT
1. Summary and consideration. The Tribe shall agree to contribute a portion of its
Class III Gaming revenues identified in and under procedures of this Revenue-Sharing
Agreement, in return for which the State agrees that the Tribe:
A. has the exclusive right within the State to provide all types of Class III Gaming
described in the Indian Gaming Compact, with the sole exception of the use of Gaming
Machines, which the State may permit on a limited basis for racetracks and veterans'
and fraternal organizations; and
B. will only share that part of its revenue arising from the use of Gaming Machines
and all other gaming revenue is exclusively the Tribe's.
2. Revenue to State. The parties agree that, after the effective date hereof, the
Tribe shall make the quarterly payments provided for in Paragraph 3 of the Revenue
Sharing Agreement to the state treasurer for deposit into the General Fund of the State
("State General Fund").
3. Calculation of Revenue to State.
A. As used in this Revenue-Sharing Agreement, "net win" means the annual total
amount wagered at a Gaming Facility on Gaming Machines less the following amounts:
(1) the annual amount paid out in prizes from gaming on Gaming Machines;
(2) the actual amount of regulatory fees paid to the state; and
(3) the sum of two hundred fifty thousand dollars ($250,000) per year as an
amount representing tribal regulatory fees, with these amounts increasing by five
percent (5%) each year beginning on the first day of January occurring after the
Compact has been in effect for at least twelve months.
B. The Tribe shall pay the state sixteen percent (16%) of the net win.
C. For purposes of these payments, all calculations of amounts due shall be based
upon the quarterly activity of the gaming facility. Quarterly payments due to the State
pursuant to these terms shall be paid no later than twenty-five (25) days after the last
day of each calendar quarter. Any payments due and owing from the Tribe in the
quarter the Compact is approved, or the final quarter the Compact is in force, shall
reflect the net win, but only for the portion of the quarter the Compact is in effect.
4. Limitations. The Tribe's obligation to make the payments provided for in
Paragraphs 2 and 3 of this section shall apply and continue only so long as there is a
binding Indian Gaming Compact in effect between the Tribe and the State, which
Compact provides for the play of Class III Gaming, but shall terminate in the event of
any of the following conditions:
A. If the State passes, amends, or repeals any law, or takes any other action, which
would directly or indirectly attempt to restrict, or has the effect of restricting, the scope of
Indian gaming.
B. If the State permits any expansion of nontribal Class III Gaming in the State.
Notwithstanding this general prohibition against permitted expansion of gaming
activities, the State may permit: (1) the enactment of a State lottery, (2) any fraternal,
veterans or other nonprofit membership organization to operate such electronic gaming
devices lawfully, but only for the benefit of such organization's members, (3) limited
fundraising activities conducted by nonprofit tax exempt organizations pursuant to
Section 30-19-6 NMSA 1978, and (4) any horse racetracks to operate electronic gaming
devices on days on which live or simulcast horse racing occurs.
5. Effect of Variance. In the event the acts or omissions of the State cause the
Tribe's obligation to make payments under Paragraph 3 of this section to terminate
under the provisions of Paragraph 4 of this section, such cessation of obligation to pay
will not adversely affect the validity of the Compact, but the amount that the Tribe
agrees to reimburse the State for regulatory fees under the Compact shall automatically
increase by twenty percent (20%).
6. Third-Party Beneficiaries. This Agreement is not intended to create any third-
party beneficiaries and is entered into solely for the benefit of the Tribe and the State."
FORM A
New Mexico Gaming Control Board
COMPACT COMPLIANCE CHECKLIST
Compliance Report
Fiscal Year 20
Key: X – Compliance (Blank) – Non-Compliance
/ – Partial Compliance NA – Non Applicable
Compliance Tribal- Compliance Compliance
Tribal-State Tribal-State
with State with with
Compact Compact
Section Compact Section Section
[ ] Section 3. [ ] Section [ ] Section 8.
Authorized [ ] 4.B.(17) Protection of
Class III [ ] Section [ ] Visitors.
Gaming. [ ] 4.B.(18) [ ] Section 8.A.
[ ] Section [ ] Section 8.B.
Section 4. [ ] 4.B.(19) [ ] Section 8.C.
Conduct of [ ] Section 4.C. [ ] Section 8.D.
[ ] Class II [ ] Section 4.D. [ ] Section 8.E.
[ ] Gaming. [ ] Section 4.E.(1) [ ] Section 8.F.
[ ] Section [ ] Section 4.E.(2) [ ] Section 8.G.
[ ] 4.A.(1) [ ] Section 4.E.(3) [ ] Section 8.H.
[ ] Section [ ] Section 4.E.(4) Section 8.I.
[ ] 4.A.(2) [ ] Section 4.E.(5) [ ]
[ ] Section Section 4.E.(6) Section 10.
[ ] 4.A.(3) [ ] Section 4.F.(1) [ ] Criminal
[ ] Section Section 4.F.(2) Jusrisdiction.
[ ] 4.A.(4) [ ] Section
[ ] Section [ ] Section 5. [ ] 10.C.
[ ] 4.A.(5) [ ] Licensing [ ]
[ ] Section [ ] Requirements. [ ] Section 11.
[ ] 4.A.(6) [ ] Section 5.A. Revenue
[ ] Section Section 5.B. [ ] Section 11.A.
[ ] 4.A.(7) [ ] Section 5.C. [ ] Section 11.B.
[ ] Section Section 5.D. [ ] Section
[ ] 4.A.(8) [ ] 11.C.
[ ] Section Section 6.
[ ] 4.A.(9) [ ] Providers of [ ] Appendix
[ ] Section [ ] Class III [ ] Section II.A.
[ ] 4.B.(1) [ ] Gaming Audit
[ ] Section Equipment or Section II.B.
[ ] 4.B.(2) Devices Inspection
[ ] Section or Supplies. Section III.
4.B.(3) Section 6.A. Progressive
Section Section 6.B. Games
4.B.(4) Section 6.C. Section IV.
Section Credit
4.B.(5) Section V.
Section Comps
4.B.(6)
Section
4.B.(7)
Section
4.B.(8)
Section
4.B.(9)
Section
4.B.(10)
Section
4.B.(11)
Section
4.B.(12)
Section
4.B.(13)
Section
4.B.(14)
Section
4.B.(15)
Section
4.B.(16)
Appendix to Article 13
Indian Gaming Compacts
2001 Tribal-State Class III Gaming Compact
Between the State of New Mexico
and
the Pueblos of Acoma, Isleta, Laguna, Sandia, San Felipe, San Juan, Santa Ana,
Santa Clara, Taos and Tesuque and the Jicarilla Apache Nation
(Approved by Laws 2001, S.J.R. No. 37
Expires June 30, 2015)
INDIAN GAMING COMPACT
INTRODUCTION
The State of New Mexico ("State") is a sovereign State of the United States of
America, having been admitted to the Union pursuant to the Act of June 20, 1910, 36
Statutes at Large 557, Chapter 310, and is authorized by its constitution to enter into
contracts and agreements, including this Compact, with the Tribe;
The ________________Tribe ("Tribe") is a sovereign federally recognized Indian
tribe and its governing body has authorized the officials of the Tribe to enter into
contracts and agreements of every description, including this Compact, with the State;
The Congress of the United States has enacted the Indian Gaming Regulatory Act of
1988, 25 U.S.C. § § 2701-2721 (hereinafter "IGRA"), which permits Indian tribes to
conduct Class III Gaming on Indian Lands pursuant to a tribal-state compact entered
into for that purpose;
The 1999 State legislature has enacted SB 737, as 1999 N.M. Laws, ch. 252, known
as the "Compact Negotiation Act," creating a process whereby the State and the Tribe
have engaged in negotiations leading to this Compact, with review by a joint legislative
committee, and with final approval by a majority vote in each house of the legislature;
The Tribe owns or controls Indian Lands and by Ordinance has adopted rules and
regulations governing Class III games played and related activities at any Gaming
Facility; The State and the Tribe, in recognition of the sovereign rights of each party and
in a spirit of cooperation to promote the best interests of the citizens of the State and the
members of the Tribe, have engaged in good faith negotiations recognizing and
respecting the interests of each party and have agreed to this Compact.
NOW, THEREFORE, the State and the Tribe agree as follows:
TERMS AND CONDITIONS SECTION
SECTION 1. Purpose and Objectives.
The purpose and objectives of the State and the Tribe in making this Compact are
as follows:
A. To evidence the good will and cooperative spirit between the State and the Tribe;
B. To continue the development of an effective government-to-government
relationship between the State and the Tribe;
C. To provide for the regulation of Class III Gaming on Indian Lands as required by
the IGRA;
D. To fulfill the purpose and intent of the IGRA by providing for tribal gaming as a
means of generating tribal revenues, thereby promoting tribal economic development,
tribal self-sufficiency, and strong tribal government;
E. To provide revenues to fund tribal government operations or programs, to
provide for the general welfare of the tribal members and for other purposes allowed
under the IGRA;
F. To provide for the effective regulation of Class III Gaming in which the Tribe shall
have the sole proprietary interest and be the primary beneficiary; and
G. To address the State's interest in the establishment, by the Tribe, of rules and
procedures for ensuring that Class III Gaming is conducted fairly and honestly by the
owners, operators, employees and patrons of any Class III Gaming enterprise on Indian
Lands.
H. To settle and resolve certain disputes that have arisen between the Tribe and the
State under the provisions of the Predecessor Agreements.
SECTION 2. Definitions.
For purposes of this Compact, the following definitions pertain:
A. "Class III Gaming" means all forms of gaming as defined in 25 U.S.C. § 2703(8),
and 25 C.F.R. § 502.4.
B. "Compact" means this compact between the State and the Tribe.
C. "Gaming Employee" means a person connected directly with the conduct of
Class III Gaming, or handling the proceeds thereof or handling any Gaming Machine;
but "Gaming Employee" does not include:
1. Bartenders, cocktail servers or other persons engaged solely in preparing
or serving food or beverages;
2. Secretarial or janitorial personnel;
3. Stage, sound and light technicians; or
4. Other nongaming personnel.
D. "Gaming Enterprise" means the tribal entity created and designated by the Tribe
as having authority to conduct Class III Gaming pursuant to this Compact.
E. "Gaming Facility" means the buildings or structures in which Class III Gaming is
conducted on Indian Lands.
F. "Gaming Machine" means a mechanical, electromechanical or electronic
contrivance or machine that, upon insertion of a coin, token or similar object, or upon
payment of any consideration, is available to play or operate a game, whether the
payoff is made automatically from the Gaming Machine or in any other manner.
G. "Indian Lands" means:
1. all lands within the exterior boundaries of the Tribe's reservation and its
confirmed grants from prior sovereigns; or
2. any other lands title to which is either held in trust by the United States for
the exclusive benefit of the Tribe or a member thereof or is held by the Tribe or a
member thereof subject to restrictions against alienation imposed by the United States,
and over which the Tribe exercises jurisdiction and governmental authority, but not
including any land within the boundaries of a municipality that is outside of the
boundaries of the Tribe's reservation or confirmed Spanish grant, as those boundaries
existed on October 17, 1988.
H. "Key Employee" means that term as defined in 25 CFR Section 502.14.
I. "Management Contract" means a contract within the meaning of 25 U.S.C. §§
2710(d)(9) and 2711.
J. "Management Contractor" means any person or entity that has entered into a
Management Contract with the Tribe.
K. "Ordinance" means the gaming ordinance and any amendments thereto adopted
by the Tribal Council of the Tribe.
L. "Predecessor Agreements" means the tribal-state class III gaming compact and
the accompanying revenue sharing agreement entered into between the Tribe and the
State pursuant to 1997 Laws, ch. 190, §§ 1, 2.
M. "Primary Management Official" means that term as defined in 25 CFR Section
502.19.
N. "State" means the State of New Mexico.
O. "State Gaming Representative" means that person designated by the gaming
control board pursuant to the Gaming Control Act [Chapter 60, Article 2E NMSA 1978]
who will be responsible for actions of the State set out in the Compact. The State
Legislature may enact legislation to establish an agency of the State to perform the
duties of the State Gaming Representative.
P. "Tribal Gaming Agency" means the tribal governmental agency which will be
identified to the State Gaming Representative as the agency responsible for actions of
the Tribe set out in the Compact. It will be the single contact with the State and may be
relied upon as such by the State.
Q. "Tribe" means any Indian Tribe, Nation or Pueblo located within the State of New
Mexico entering into this Compact as provided for herein.
SECTION 3. Authorized Class III Gaming.
The Tribe may conduct, only on Indian Lands, subject to all of the terms and
conditions of this Compact, any or all forms of Class III Gaming.
Subject to the foregoing, the Tribe shall establish, in its discretion, by tribal law, such
limitations as it deems appropriate on the number and type of Class III Gaming
conducted, the location of Class III Gaming on Indian Lands, the hours and days of
operation, and betting and pot limits, applicable to such gaming.
SECTION 4. Conduct of Class III Gaming.
A. Tribal Gaming Agency. The Tribal Gaming Agency will assure that the Tribe will:
1. operate all Class III Gaming pursuant to this Compact, tribal law, the IGRA
and other applicable Federal law;
2. provide for the physical safety of patrons in any Gaming Facility;
3. provide for the physical safety of personnel employed by the Gaming
Enterprise;
4. provide for the physical safeguarding of assets transported to and from the
Gaming Facility and cashier's cage department;
5. provide for the protection of the property of the patrons and the Gaming
Enterprise from illegal activity;
6. participate in licensing of primary management officials and key
employees of a Class III Gaming Enterprise;
7. detain persons who may be involved in illegal acts for the purpose of
notifying law enforcement authorities; and 8. record and investigate any and all unusual
occurrences related to Class III Gaming within the Gaming Facility.
B. Regulations. Without affecting the generality of the foregoing, the Tribe shall
adopt laws:
1. prohibiting participation in any Class III Gaming by any person under the
age of twenty-one (21);
2. prohibiting the employment of any person as a Gaming Employee who is
under the age of twenty-one (21) or who has not been licensed in accordance with the
applicable requirements of federal and tribal law;
3. requiring the Tribe to take all necessary action to impose on its gaming
operation standards and requirements equivalent to or more stringent than those
contained in the federal Fair Labor Standards Act of 1938, the federal Occupational
Safety and Health Act of 1970, and any other federal laws generally applicable to Indian
tribes relating to wages, hours of work and conditions of work, and the regulations
issued thereunder;
4. requiring that on any construction project involving any Gaming Facility or
related structure that is funded in whole or in part by federal funds, all workers will be
paid wages meeting or exceeding the standards established for New Mexico under the
federal Davis-Bacon Act;
5. prohibiting the Tribe, the Gaming Enterprise and a Management
Contractor from discriminating in the employment of persons to work for the gaming
Enterprise or in the Gaming Facility on the grounds of race, color, national origin,
gender, sexual orientation, age or handicap, provided, however, that nothing herein
shall be interpreted to prevent the Tribe from granting preference in employment actions
to tribal members or other Indians in accordance with established tribal laws and
policies;
6. providing to all employees of a gaming establishment employment
benefits, including, at a minimum, sick leave, life insurance, paid annual leave and
medical and dental insurance as well as providing unemployment insurance and
workers' compensation insurance through participation in programs offering benefits at
least as favorable as those provided by comparable state programs;
7. providing a grievance process for an employee in cases of disciplinary or
punitive action taken against an employee that includes a process for appeals to
persons of greater authority than the immediate supervisor of the employee;
8. permitting State Department of Environment inspectors to inspect Gaming
Facilities' food service operations during normal Gaming Facility business hours to
assure that standards and requirements equivalent to the State's Food Service
Sanitation Act [Chapter 25, Article 1 NMSA 1978] are maintained;
9. prohibiting a gaming enterprise from cashing any paycheck or any type of
government assistance check, including Social Security, TANF, pension and other
similar checks, for any patron;
10. prohibiting a gaming enterprise from extending credit by accepting IOUs or
markers from its patrons;
11. requiring that the Gaming Enterprise post on each Gaming Machine the
odds of a player achieving a winning outcome from the games available on that Gaming
Machine;
12. requiring that automatic teller machines on Gaming Facility premises be
programmed so that the machines will not accept cards issued by the State to TANF
recipients for access to TANF benefits;
13. providing that each electronic or electromechanical gaming device in use
at the Gaming Facility must pay out a mathematically demonstrable percentage of all
amounts wagered, which must not be less than eighty percent (80%);
14. providing that all gaming machines on the premises of the Gaming Facility
will be connected to a central computerized reporting and auditing system on the
Gaming Facility premises, which shall collect on a continual basis the activity of each
Gaming Machine in use at the Gaming Facility, and that by no later than ninety days
after this Compact takes effect, the wager and payout data of each machine, once it is
fed into the Gaming Enterprise’s central computer, may be accessed electronically by
the State Gaming Representative by a dedicated telecommunications connection, on a
"read-only" basis, upon entry of appropriate security codes; but provided that in no
event shall the State Gaming Representative be able to alter or affect the operation of
any Gaming Machine or other device on the premises of the Gaming Facility, or the
data provided to the central computer, and provided further that the system for
electronic access to the machine wager and payout data collected by the Gaming
Enterprise’s central computer shall be constructed and installed at the State’s cost, and
shall be designed in conjunction with Gaming Enterprise technical staff so as to
preserve the integrity of the system and the data contained therein, to minimize any
possibility of unauthorized access to the system or tampering with the data, and to
minimize any access by the State Gaming Representative to information other than
machine wager and payout data residing in the central reporting and auditing system;
15. enacting provisions that:
(a) prohibit an employee of the Gaming Enterprise from selling, serving,
giving or delivering an alcoholic beverage to an intoxicated person or from procuring or
aiding in the procurement of any alcoholic beverage for an intoxicated person at the
Gaming Facility;
(b) require Gaming Enterprise employees that dispense, sell, serve or deliver
alcoholic beverages to attend Alcohol Server Education Classes similar to those classes
provided for in the New Mexico Liquor Control Act; and
(c) require the Gaming Enterprise to purchase and maintain a liquor liability
insurance policy that will provide, at a minimum, personal injury coverage of one million
dollars ($1,000,000) per incident and two million dollars ($2,000,000) aggregate per
policy year;
16. prohibiting alcoholic beverages from being sold, served, delivered or
consumed in that part of a Gaming Facility where gaming is allowed;
17. requiring the gaming enterprise to spend an amount that is no less than
one-quarter of one percent (.25%) of its net win as that term is defined herein annually
to fund or support programs for the treatment and assistance of compulsive gamblers in
New Mexico or who patronize New Mexico gaming facilities, and for the prevention of
compulsive gambling in New Mexico; and requiring that a substantial portion of such
funds be distributed to an organization that has expertise in and provides counseling,
intervention or other services for compulsive gamblers in New Mexico, and whose
services are available to all persons without regard to race or tribal membership;
18. governing any Management Contract regarding its Class III Gaming
activity so that it conforms to the requirements of tribal law and the IGRA and the
regulations issued thereunder;
19. prohibiting the operation of any Class III Gaming for at least four (4)
consecutive hours daily, Mondays through Thursdays (except federal holidays);
20. prohibiting a Tribal Gaming Enterprise and the Tribe from providing,
allowing, contracting to provide or arranging to provide alcoholic beverages for no
charge or at reduced prices, or from providing, allowing, contracting to provide or
arranging to provide food or lodging for no charge or at nominal prices, at a Gaming
Facility or lodging facility as an incentive or enticement for patrons to game; and
21. requiring the Tribe, the Tribal Gaming Enterprise or a Management
Contractor to report to the secretary of state, in the same manner and at the same times
as are required of political committees under the provisions of the State’s Campaign
Reporting Act (NMSA 1978 §§ 1-19-25 through 1-19-36) any and all contributions,
whether directly or through an agent, representative or employee, of any moneys
derived from revenue from the Gaming Enterprise, or of anything of value acquired with
that revenue, to a candidate, political committee or person holding an office elected or
to be elected at an election covered by the State's Campaign Reporting Act and
provided that in the event any report required to be made hereunder is not made within
the time specified herein, or is false or incomplete in any respect, the Tribe shall be
liable to pay to the secretary of state a penalty in the amount of fifty dollars ($50.00) for
each working day after the day on which the report was due until the day on which the
complete or true report is filed, up to a maximum of five thousand dollars ($5000),
except that with respect to the report due on the Friday before an election the penalty
shall be five hundred dollars ($500) for the first working day after the due date and fifty
dollars ($50.00) per working day thereafter, up to a maximum of five thousand dollars
($5000).
The Tribal Gaming Agency will provide true copies of all tribal laws and regulations
affecting Class III Gaming conducted under the provisions of this Compact to the State
Gaming Representative within thirty (30) days after the effective date of this Compact,
and will provide true copies of any amendments thereto or additional laws or regulations
affecting gaming within thirty (30) days after their enactment or approval, if any.
C. Audit and Financial Statements. The Tribal Gaming Agency shall require all
books and records relating to Class III Gaming to be maintained in accordance with
generally accepted accounting principles. All such books and records shall be retained
for a period of at least five (5) years from the date of creation, as required by 25 C.F.R.
§ 571.7(c). Not less than annually, the Tribal Gaming Agency shall require an audit and
a certified financial statement covering all financial activities of the gaming enterprise by
an independent certified public accountant licensed by the State. The financial
statement shall be prepared in accordance with generally accepted accounting
principles and shall be submitted to the Tribal Gaming Agency within one hundred
twenty (120) days of the close of the Tribe's fiscal year. Copies of the financial
statement and the audit shall be furnished to the State Gaming Representative and the
state treasurer by the Tribal Gaming Agency within one hundred twenty days of the
agency's receipt of the documents, but such documents shall be subject to the
provisions of § 4(E)(3) of this Compact. The Tribe will maintain the following records for
not less than five (5) years:
1. revenues, expenses, assets, liabilities and equity for each Gaming
Enterprise;
2. daily cash transactions for each Class III Gaming activity at each Gaming
Facility, including but not limited to transactions relating to each gaming table bank,
game dropbox and gaming room bank;
3. all markers, IOUs, returned checks, hold checks or other similar credit
instruments;
4. individual and statistical game records, except for card games, to reflect
statistical drop and statistical win; for electronic, computer, or other technologically
assisted games, analytic reports which show the total amount of cash wagered and the
total amount of prizes won;
5. contracts, correspondence and other transaction documents relating to all
vendors and contractors;
6. records of all tribal gaming enforcement activities;
7. audits prepared by or on behalf of the Tribe; and
8. personnel information on all Class III Gaming employees or agents,
including rotation sheets, hours worked, employee profiles and background checks.
D. Violations. The agents of the Tribal Gaming Agency shall have unrestricted
access to the Gaming Facility during all hours of Class III Gaming activity, and shall
have immediate and unrestricted access to any and all areas of the Gaming Facility for
the purpose of ensuring compliance with the provisions of this Compact and the
Ordinance. The agents shall report immediately to the Tribal Gaming Agency any
suspected violation of this Compact, the Ordinance, or regulations of the Tribal Gaming
Agency by the gaming enterprise, Management Contractor, or any person, whether or
not associated with Class III Gaming.
E. State Gaming Representative.
1. Upon written request by the State to the Tribe, the Tribe will provide
information on primary management officials, key employees and suppliers, sufficient to
allow the State to conduct its own background investigations, as it may deem
necessary, so that it may make an independent determination as to the suitability of
such individuals, consistent with the standards set forth in Section 5 of this Compact.
The Tribe shall consider any information or recommendations provided to it by the State
as to any such person or entity, but the Tribe shall have the final say with respect to the
hiring or licensing of any such person or entity.
2. Notwithstanding that the Tribe has the primary responsibility to administer
and enforce the regulatory requirements of this Compact, the Tribal Gaming Agency will
certify annually to the State Gaming Representative that the Tribal Gaming Agency has
met its obligations under this Compact. Additionally, the State Gaming Representative
shall have the right to inspect a Gaming Facility, Class III Gaming activity, and all
records relating to Class III Gaming of the Tribe, subject to the following conditions:
(a) with respect to public areas of a Gaming Facility, at any time without prior
notice during normal Gaming Facility business hours;
(b) with respect to private areas of a Gaming Facility not accessible to the
public, at any time during normal Gaming Enterprise business hours, immediately after
notifying the Tribal Gaming Agency and Gaming Enterprise of his or her presence on
the premises and presenting proper identification, and requesting access to the non-
public areas of the Gaming Facility. The Tribe, in its sole discretion, may require an
employee of the Gaming Enterprise or the Tribal Gaming Agency to accompany the
State Gaming Representative at all times that the State Gaming Representative is on
the premises of a Gaming Facility, but if the Tribe imposes such a requirement, the
Tribe shall require such an employee of the Gaming Enterprise or the Tribal Gaming
Agency to be available at all times for such purpose;
(c) with respect to inspection and copying of all management records relating
to Class III Gaming, at any time without prior notice between the hours of 9:00 a.m. and
4:00 p.m. Monday through Friday, excluding official holidays. The reasonable costs of
copying will be borne by the State; and
(d) whenever the State Gaming Representative, or his designee, enters the
premises of the Gaming Facility for any such inspection, such Representative, or
designee, shall identify himself to security or supervisory personnel of the Gaming
Enterprise.
The State Gaming Representative may contract with private persons, firms or other
entities for the purpose of performing certain of his functions, but the State Gaming
Representative will be the single contact with the Tribe and may be relied upon as such
by the Tribe.
3. a) Any information, documents or communications provided to the State
Gaming Representative, his agents or contractors, or to any other official, agency or
entity of the State (all of which are collectively hereinafter referred to as "the State
entities") by the Tribe, the Tribal Gaming Agency or the Gaming Enterprise, or prepared
from information obtained from the Tribe, the Tribal Gaming Agency or the Gaming
Enterprise, under the provisions of this Compact or under the provisions of the
Predecessor Agreements, are confidential. Any State entity that has received any
information, documents or communications from the Tribe, the Tribal Gaming Agency or
the Gaming Enterprise:
i) may release or disclose the same only with the prior written
consent of the Tribe or pursuant to a lawful court order after timely notice of the
proceeding has been given to the Tribe;
ii) shall maintain all such information, documents and communications
in a secure place accessible only to authorized officials and employees of the State
entity that has received the same; and
iii) shall adopt procedures and regulations to protect the confidentiality
of the information, documents and communications provided by the Tribe, Tribal
Gaming Agency or Gaming Enterprise.
b) These prohibitions shall not be construed to prohibit:
i) the furnishing of any information to a law enforcement or regulatory
agency of the Federal Government;
ii) the State from making known the names of persons, firms, or
corporations conducting Class III Gaming pursuant to the terms of this Compact,
locations at which such activities are conducted, or the dates on which such activities
are conducted;
iii) publishing the terms of this Compact; iv) disclosing information as
necessary to audit, investigate, prosecute or arbitrate violations of this Compact or other
applicable laws or to defend suits against the State; and v) complying with subpoenas
or court orders issued by courts of competent jurisdiction.
c) Notwithstanding the foregoing, the Tribe agrees that:
i) the following documents and information may be released by a
State entity to the public: the Tribe’s gaming ordinance and regulations of the Tribal
Gaming Agency; official rulings of the Tribal Gaming Agency in matters not subject to a
confidentiality order imposed by the Agency; other information and documents of the
Tribal Gaming Agency or the Gaming Enterprise ordinarily available to the public;
quarterly Net Win figures used as the basis for computation of the Tribe’s revenue
sharing payment under the provisions of Section 11 of this Compact; and
correspondence between the Tribe or a tribal entity and a State entity, unless such
correspondence is specifically labeled "Confidential;"
ii) a State entity may release to the public aggregate figures compiled
by totaling comparable figures from the annual financial statements of all of the New
Mexico gaming tribes; and
iii) the report of the annual audit of the Gaming Enterprise that is
provided by the Tribe to the State Gaming Representative shall be available to the
public to the same extent that similar information that is required to be provided to the
State by non- Indian gaming entities is available to the public, pursuant to the provisions
of applicable law and the policies and regulations of the Gaming Control Board, at the
time the request for the report of the annual audit is made.
4. To the fullest extent allowed by State law, the Tribe shall have the right to
inspect State records concerning all Class III Gaming conducted by the Tribe; the Tribe
shall have the right to copy such State records, with the Tribe bearing the reasonable
cost of copying.
5. The Tribe shall reimburse the State for the costs the State incurs in
carrying out any functions authorized by the terms of this Compact. The Tribe and the
State agree that to require the State to keep track of and account to the Tribe for all
such costs would be unreasonably burdensome, and that a fair estimate of the State’s
costs of such activity as of the date on which this Compact takes effect is one hundred
thousand dollars ($100,000) per year, and that those costs will increase over time. The
Tribe therefore agrees to pay the State the sum of one hundred thousand dollars
($100,000) per year as reimbursement of the State’s costs of regulation, which amount
shall increase by three percent (3%) each year, beginning as of January 1 of the first
calendar year after this Compact has been in effect for at least twelve (12) months, in
quarterly payments of one-fourth of the annual amount due each, in advance, beginning
with the first day of the first full calendar quarter after this Compact takes effect, and on
the first day of each quarter thereafter, for as long as this Compact remains in effect.
The Tribe and the State further agree that such amount fairly reflects the State’s costs
of regulation during the period of time that the Predecessor Agreements were in effect,
and that the Tribe should pay the State that amount for such period, but no more. The
Tribe therefore agrees that with its first quarterly payment due to the State under the
provisions of this Paragraph, it will also pay to the State an amount equal to the number
of full calendar quarters that the Predecessor Agreements were in effect, times twenty-
five thousand dollars ($25,000), less the total amount that the Tribe actually paid to the
State during such period under the provisions of Section 4(E)(5) of the compact portion
of the Predecessor Agreements. If the amount thus determined is a negative number,
such amount shall be credited against the payments due to the State under the
provisions of this Paragraph until the Tribe has recouped such amount in full, but in
such case the Tribe shall nevertheless provide to the State, on or before the due date
for each quarterly payment, a statement of the amount of the overpayment still to be
recouped, and the amount credited for the current payment.
6. In the event the State believes that the Tribe is not administering and
enforcing the regulatory requirements set forth herein, it may invoke the procedures set
forth in Section 7 of this Compact.
F. The Tribe shall comply with all applicable provisions of the Bank Secrecy Act,
P.L. 91-508, October 26, 1970, 31 U.S.C. §§ 5311-5314, and all reporting requirements
of the Internal Revenue Service.
SECTION 5. Licensing Requirements.
A. License Required. The Gaming Facility operator, but not including the Tribe,
including its principals, primary management officials, and key employees, the
Management Contractor and its principals, primary management officials, and key
employees (if the Tribe hires a Management Contractor); any person, corporation, or
other entity that has supplied or proposes to supply any gaming device to the Tribe or
the Management Contractor; and any person, corporation or other entity providing
gaming services within or without a Gaming Facility, shall apply for and receive a
license from the Tribal Gaming Agency before participating in any way in the operation
or conduct of any Class III Gaming on Indian Lands. The Tribal Gaming Agency shall
comply fully with the requirements of this Section and of the Indian Gaming Regulatory
Act, especially at 25 U.S.C. §§ 2710-2711, and the regulations issued thereunder at 25
C.F.R. Parts 550-559, as well as the requirements of the Tribe’s gaming ordinance and
any regulations issued thereunder, in processing license applications and issuing
licenses.
B. License Application. Each applicant for a license shall file with the Tribal Gaming
Agency a written application in the form prescribed by the Tribal Gaming Agency, along
with the applicant's fingerprint card, current photograph and the fee required by the
Tribal Gaming Agency.
C. Background Investigations. Upon receipt of a completed application and required
14 fee for licensing, the Tribal Gaming Agency shall conduct or cause to be conducted a
background investigation to ensure that the applicant is qualified for licensing.
D. Provision of Information to State Gaming Representative. Whenever the Tribal
Gaming Agency is required by federal or tribal law or regulations to provide to the
National Indian Gaming Commission ("the Commission") any information, document or
notice relating to the licensing of any key employee or primary management official of
the Gaming Enterprise, a copy of such information, document or notice shall also be
provided to the State Gaming Representative. The State Gaming Representative shall
be entitled to the same right to request additional information concerning an applicant
licensee, to comment on the proposed licensing of any applicant licensee, and to supply
the Tribal Gaming Agency with additional information concerning any applicant licensee,
as is enjoyed by the Commision.
SECTION 6. Providers of Class III Gaming Equipment or Devices or Supplies.
A. Within thirty (30) days after the effective date of this Compact, if it has not
already done so, the Tribal Gaming Agency will adopt standards for any and all Class III
Gaming equipment, devices or supplies to be used in any Gaming Facility, which
standards shall be at least as strict as the comparable standards applicable to Class III
Gaming equipment, devices or supplies within the State of Nevada. Any and all Class III
Gaming equipment, devices or supplies used by the Tribe shall meet or exceed the
standards thereby adopted.
B. Prior to entering into any future lease or purchase agreement for Class III
Gaming equipment, devices or supplies, the Tribe shall obtain sufficient information and
identification from the proposed seller or lessor and all persons holding any direct or
indirect financial interest in the lessor or the lease/purchase agreement to permit the
Tribe to license those persons in accordance with applicable federal and tribal law.
C. The seller, lessor, manufacturer or distributor shall provide, assemble and install
all Class III Gaming equipment, devices or supplies in a manner approved and licensed
by the Tribe.
SECTION 7. Dispute Resolution.
A. In the event either party believes that the other party has failed to comply with or
has otherwise breached any provision of this Compact, such party may invoke the
following procedure:
1. The party asserting noncompliance shall serve written notice on the other
party. The notice shall identify the specific Compact provision believed to have been
violated and shall specify the factual and legal basis for the allegation of
noncompliance. The notice shall specifically identify the date, time and nature of the
alleged noncompliance.
2. In the event an allegation by the complaining party is not resolved to the
satisfaction of such party within twenty (20) days after service of the notice set forth in
Paragraph A(1) of this section, the complaining party may serve upon the other party a
notice to cease conduct of the particular game(s) or activities alleged by the
complaining party to be in noncompliance. Upon receipt of such notice, the responding
party may elect to stop the game(s) or activities specified in the notice or invoke
arbitration and continue the game(s) or activities pending the results of arbitration. The
responding party shall act upon one of the foregoing options within ten (10) days of
receipt of notice from the complaining party, unless the parties agree to a longer period,
but if the responding party takes neither action within such period the complaining party
may invoke arbitration by written notice to the responding party within ten (10) days of
the end of such period.
3. The arbitrators shall be attorneys who are licensed members in good
standing of the State Bar of New Mexico or of the bar of another state. The State will
select one arbitrator, the Tribe a second arbitrator, and the two so chosen shall select a
third arbitrator. If the third arbitrator is not chosen in this manner within ten (10) days
after the second arbitrator is selected, the third arbitrator will be chosen by the American
Arbitration Association. The arbitrators thereby selected shall permit the parties to
engage in reasonable discovery, and shall establish other procedures to ensure a full,
fair and expeditious hearing on the matters at issue. The arbitrators shall determine,
after hearing from each party, hether the arbitration proceeding or any portions thereof
shall be closed to the public, but in the absence of such determination the proceedings
shall be open to the public. The arbitrators shall make determinations as to each issue
presented by the parties, but the arbitrators shall have no authority to determine any
question as to the validity or effectiveness of this Compact or of any provision hereof.
4. All parties shall bear their own costs of arbitration and attorneys’ fees.
5. The results of arbitration shall be final and binding, and shall be
enforceable by an action for injunctive or mandatory injunctive relief against the State
and the Tribe in any court of competent jurisdiction. For purposes of any such action,
the State and the Tribe acknowledge that any action or failure to act on the part of any
agent or employee of the State or the Tribe, contrary to a decision of the arbitrators in
an arbitration proceeding conducted under the provisions of this section, occurring after
such decision, shall be wholly unauthorized and ultra vires acts, not protected by the
sovereign immunity of the State or the Tribe.
B. Nothing in Subsection 7(A) shall be construed to waive, limit or restrict any
remedy that is otherwise available to either party to enforce or resolve disputes
concerning the provisions of this Compact. Nothing in this Section shall be deemed a
waiver of the Tribe's sovereign immunity. Nothing in this Section shall be deemed a
waiver of the State's sovereign immunity.
SECTION 8. Protection of Visitors.
A. Policy Concerning Protection of Visitors. The safety and protection of visitors to a
Gaming Facility is a priority of the Tribe, and it is the purpose of this Section to assure
that any such persons who suffer bodily injury or property damage proximately caused
by the conduct of the Gaming Enterprise have an effective remedy for obtaining fair and
just compensation. To that end, in this Section, and subject to its terms, the Tribe
agrees to carry insurance that covers such injury or loss, agrees to a limited waiver of
its immunity from suit, and agrees to proceed either in binding arbitration proceedings or
in a court of competent jurisdiction, at the visitor’s election, with respect to claims for
bodily injury or property damage proximately caused by the conduct of the Gaming
Enterprise. For purposes of this Section, any such claim may be brought in state district
court, including claims arising on tribal land, unless it is finally determined by a state or
federal court that IGRA does not permit the shifting of jurisdiction over visitors’ personal
injury suits to state court.
B. Insurance Coverage for Claims Required. The Gaming Enterprise shall maintain
in effect policies of liability insurance insuring the Tribe, its agents and employees
against claims, demands or liability for bodily injury and property damages by a visitor
arising from an occurrence described in Paragraph A of this Section. The policies shall
provide bodily injury and property damage coverage in an amount of at least fifty million
dollars ($50,000,000) per occurrence and fifty million dollars ($50,000,000) annual
aggregate. The Tribe shall provide the State Gaming Representative annually a
certificate of insurance showing that the Tribe, its agents and employees are insured to
the required extent and in the circumstances described in this Section.
C. Limitation on Time to Bring Claim. Claims brought pursuant to the provisions of
this section must be commenced by filing an action in court or a demand for arbitration
within three years of the date the claim accrues.
D. Specific Waiver of Immunity and Choice of Law. The Tribe, by entering into this
Compact and agreeing to the provisions of this section, waives its defense of sovereign
immunity in connection with any claims for compensatory damages for bodily injury or
property damage up to the amount of fifty million dollars ($50,000,000) per occurrence
asserted as provided in this section. This is a limited waiver and does not waive the
Tribe's immunity from suit for any other purpose. The Tribe shall ensure that a policy of
insurance that it acquires to fulfill the requirements of this section shall include a
provision under which the insurer agrees not to assert the defense of sovereign
immunity on behalf of the insured, up to the limits of liability set forth in this Paragraph.
The Tribe agrees that in any claim brought under the provisions of this Section, New
Mexico law shall govern the substantive rights of the claimant, and shall be applied, as
applicable, by the forum in which the claim is heard, except that the tribal court may but
shall not be required to apply New Mexico law to a claim brought by a member of the
Tribe.
E. Election by Visitor. A visitor having a claim described in this section may pursue
that claim in any court of competent jurisdiction, or in binding arbitration. The visitor
shall make a written election that is final and binding upon the visitor.
F. Arbitration. Arbitration pursuant to an election by a visitor as provided in
Subsection E of this section shall be conducted as follows:
1. the visitor shall submit a written demand for arbitration to the Gaming
Enterprise, by certified mail, return receipt requested;
2. the visitor and the Gaming Enterprise shall each designate an arbitrator
within thirty (30) days of receipt of the demand, and the two arbitrators shall select a
third arbitrator, but in the event the two arbitrators cannot agree on the selection of the
third arbitrator within thirty (30) days of their appointment, they shall apply to the
American Arbitration Association to appoint the third arbitrator;
3. the arbitration panel shall permit the parties to engage in reasonable
discovery, and shall establish other procedures to ensure a full, fair and expeditious
hearing on the claim; and
4. the award of the arbitration panel shall be final and binding, and may be
enforced in a court of competent jurisdiction.
G. Increase in Liability Limits. As of the fifth anniversary of this Compact, and at five-
year intervals thereafter, the liability insurance coverage requirements set forth in
Paragraph B of this Section, and the limit on the Tribe’s waiver of sovereign immunity
set forth in Paragraph D of this Section, shall be increased by a percentage equal to the
percentage increase in the CPI-U published by the Bureau of Labor Statistics of the
United States Department of Labor, for the same period, rounded to the nearest one
hundred thousand dollars ($100,000).
H. Public Health and Safety. The Tribe shall establish for its Gaming Facility health,
safety and construction standards that are at least as stringent as the current editions of
the National Electrical Code, the Uniform Building Code, the Uniform Mechanical Code,
the Uniform Fire Code and the Uniform Plumbing Code, and any and all Gaming
Facilities or additions thereto constructed by the Tribe hereafter shall be constructed
and all facilities shall be maintained so as to comply with such standards. Inspections
will be conducted with respect to these standards at least annually. If the State Gaming
Representative requests sufficiently in advance of an annual inspection, the State
Gaming Representative may be present during such inspection. The Tribe agrees to
correct any deficiencies noted in such inspections within a time agreed upon between
the State and Tribe. The Tribal Gaming Agency will provide copies of such inspection
reports to the State Gaming Representative, if requested to do so in writing.
SECTION 9. Conditions for Execution; Effective Date.
A. The parties acknowledge that they have been engaged in litigation, captioned
State of New Mexico v. Jicarilla Apache Tribe, et al., No. 00-0851 (D.N.M.) (the
"Lawsuit"), that was initiated by the State in United States District Court on June 13,
2000, in which the State seeks an injunction against the Tribe’s conduct of Class III
gaming under the Predecessor Agreements unless the Tribe pays the State the full
amount that the State claims it is owed under the revenue sharing provision of the
Predecessor Agreements. The Tribe disputes the validity of such provision of the
Predecessor Agreements, but the parties have agreed to settle the dispute addressed in
the Lawsuit, and have agreed to enter into this new Compact.
B. This Compact may not be executed by the Governor of the State unless and until
it has been executed by the appropriate representative of the Tribe, and until the State
Attorney General has certified to the Governor in writing that the Tribe and the State
have negotiated a complete settlement of the issues in dispute in the Lawsuit (except
that such settlement shall be contingent upon this Compact going into effect under the
provisions of IGRA), and that the Tribe has either paid in full the amount agreed to by
the terms of the settlement, into the registry of the federal court, or has entered into a
binding and fully enforceable agreement for the payment of such amount that is
acceptable to the Attorney General. Upon receiving such certification, the Governor
shall execute the Compact and forward it to the Secretary of the Interior for approval.
Upon the Secretary’s affirmative approval of this Compact, as set forth in Paragraph C
of this Section, such sum, plus interest, shall be immediately paid into the State General
Fund. In the event the Secretary fails to affirmatively approve this Compact, such sum,
plus interest, shall be immediately repaid to the Tribe.
C. This Compact shall take effect upon publication of notice in the Federal Register
of its approval by the Secretary of the Interior, or of the Secretary’s failure to act on it
within 45 days from the date on which it was submitted to him; provided, however, that
notwithstanding its taking effect, the parties expressly agree that the provisions of this
Compact shall remain suspended, and shall confer no rights or obligations on either
party, and that the terms and provisions of the Predecessor Agreements shall remain
fully in force and effect, subject to the Tribe’s and the State’s claims in the Lawsuit,
unless and until the Secretary shall have affirmatively approved this Compact, pursuant
to 25 U.S.C. § 2710(d)(8)(A).
D. Upon the publication of notice of the Secretary’s affirmative approval of this
Compact in the Federal Register, the Predecessor Agreements shall be and become
null and void, and of no further effect, and any and all actions as between the Tribe and
the State arising out of the Predecessor Agreements, including dispute resolution
proceedings, shall thereafter be dismissed with prejudice with no relief to either party,
and the terms and provisions of this Compact shall go into full force and effect, fully
supplanting and replacing the Predecessor Agreements.
SECTION 10. Criminal Jurisdiction.
A. The Tribe and the State acknowledge that under the provisions of § 23 of the
IGRA, especially that portion codified at 18 U.S.C. § 1166(d), jurisdiction to prosecute
violations of State gambling laws made applicable by that section to Indian country is
vested exclusively within the United States, unless the Tribe and the State agree in a
compact entered into pursuant to the IGRA to transfer such jurisdiction to the State.
B. The Tribe and the State hereby agree that, in the event of any violation of any
State gambling law on Indian Lands or any other crime against the Gaming Enterprise
or any employee thereof or that occurs on the premises of the Tribal Gaming Facility,
that is committed by any person who is not a member of the Tribe, the State shall have
and may exercise jurisdiction, concurrent with that of the United States, to prosecute
such person, under its laws and in its courts.
C. Immediately upon becoming aware of any such suspected crime by a
nonmember of the Tribe the Gaming Enterprise or the Tribal Gaming Agency shall notify
the state attorney general and the district attorney for the district in which the Gaming
Facility is located, supplying all particulars available to the tribal entity at the time. The
Tribe agrees that its law enforcement and gaming agencies shall perform such
additional investigation or take such other steps in furtherance of the investigation and
prosecution of the violation as the district attorney may reasonably request, and
otherwise cooperate fully with the district attorney and any state law enforcement
agencies with respect to the matter, but once notice of a suspected violation has been
given to the district attorney, the matter shall be deemed to be under the jurisdiction of
the State; provided, however, that in the event of emergency circumstances involving a
possible violation, the Tribe and its constituent agencies shall have the discretion to act
as they see fit, and to call upon such other agencies or entities as they deem
reasonable or necessary, in order to protect against any immediate threat to lives or
property. The State may, in its discretion, refer the matter to federal authorities, but it
shall notify the Tribal Gaming Agency upon doing so.
D. The State agrees that no less frequently than annually it will provide the Tribal
Gaming Agency with a written report of the status and disposition of each matter
referred to it under the provisions of this section since the last report or that was still
pending at the time of the last report. In the event the district attorney to whom a matter
is referred under the provisions of this section decides not to prosecute such matter, the
district attorney shall promptly notify the Tribal Gaming Agency of such decision in
writing. The Tribal Gaming Agency may in that event ask the attorney general of the
state to pursue the matter.
E. The district attorney for the district in which the Gaming Facility is situated may
decline to accept referrals of cases under the provisions of this section unless and until
the Tribe has entered into a Memorandum of Understanding with the office of the district
attorney to which Memorandum of Understanding the United States Attorney for the
District of New Mexico may also be a party addressing such matters as the specific
procedures by which cases are to be referred, participation of the Tribal Gaming Agency
and tribal law enforcement personnel in the investigation and prosecution of any such
case, payments by the Tribe to the office of the district attorney to defray the costs of
handling cases referred under the provisions of this section, and related matters.
SECTION 11. Revenue Sharing.
A. Consideration. The Tribe shall pay to the State a portion of its Class III Gaming
revenues identified in and under procedures of this Section, in return for which the State
agrees that the Tribe has the exclusive right within the State to conduct all types of
Class III Gaming described in this Compact, with the sole exception of the use of
Gaming Machines, which the State may permit on a limited basis for racetracks and for
veterans' and fraternal organizations as such organizations are described in 1997 Laws
ch. 190, §5(FF).
B. Revenue to State. The parties agree that, after the effective date hereof, the
Tribe shall make the quarterly payments provided for in Paragraph C of this Section.
Each payment shall be made to the State Treasurer for deposit into the General Fund of
the State.
C. Calculation of Payment Amounts.
1. As used in this Compact, "Net Win" means the total amount wagered in
Class III Gaming at a Gaming Facility, on all Gaming Machines less:
(a) the amount paid out in prizes, including the cost to the Tribe of noncash
prizes, won on Gaming Machines;
(b) the amount paid to the State by the Tribe under the provisions of Section
4(E)(5) of this Compact; and
(c) the sum of two hundred seventy-five thousand dollars ($275,000) per year
as an amount representing tribal regulatory costs, which amount shall increase by three
percent (3%) each year beginning on the first day of January occurring after the
Compact has been in effect for at least twelve months.
2. The amount payable by the Tribe to the State shall be an amount equal to
eight percent (8%) of the Net Win, except that if the total Net Win in a calendar year is
less than twelve million dollars ($12,000,000), the amount payable by the Tribe shall be
an amount equal to three percent (3%) of the first four million dollars ($4,000,000) of
Net Win, and eight percent (8%) of the rest of the Net Win for the year.
3. Payments due pursuant to these terms shall be paid quarterly, no later
than twenty-five (25) days after the last day of each calendar quarter, and shall be
based upon the Net Win during the preceding quarter. If the Tribe reasonably believes
that the total Net Win for the calendar year will be less than twelve million dollars
($12,000,000), it may base its payment on the first four million dollars ($4,000,000) on
the lower rate as set forth in paragraph (C)(2) of this Section, but if the Net Win exceeds
twelve million dollars ($12,000,000) during the calendar year, the Tribe shall pay the
additional amount due on the first four million dollars ($4,000,000), plus interest as
provided in this paragraph, with its next quarterly payment. In the event the Tribe makes
its quarterly payments based on the rate of eight percent (8%), and its Net Win for the
calendar year totals less than twelve million dollars ($12,000,000), the Tribe may deduct
the overpayment from its payment for the final quarter of the year. Any payment or any
portion thereof that is not made within ten (10) days of the due date shall accrue interest
at the rate of ten percent (10%) per annum, from the original due date until paid. The
Tribe shall accomp‹ Prev All New Mexico sections Next ›
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