National Indian Gaming Commission 

't ' 

NOTICE OF VIOLATION 

To: Tex Hall, Chairman (Agent for Service of Process) 

Three AfWiated Tribes of the 

Fort Berthold Reservation 

404 Frontage Road 

New Town, ND 58763 

FAX: 701 -627-3805 

Chairman James Bear (Agent for Service of Process) 

Three Affiliated Tribes Gaming Commission 

PO Box 999 

New Town, ND 58763 

FAX: 701-627-3710 

v 

1. Notification of Violation 

The Chaitman of the National Indian Gaming Commission (NIGC) hereby gives notice that 

the Three Affiliated Tribes of the Fort Berthold Reservation (Respondent or Tribe), located 

in New Town, North Dakota, is in violation of NIGC regulations for failure to submit 

timely quarterly fee statements and fee payments. 

2. Authority 

Under regulations of the National Indian Gaming Commission, the Chaitman of the NIGC 

(Chairman) may issue a Notice of Violation (NOV) to any person for violation of any 

provision of the Indian Gaming Regulatory Act (IGRA), NIGC regulations, or any provision 

of a tribal gaming ordinance or resolution approved by the Chairman. 25 C.F.R. § 573.3. 

\ '5 T - (, ' Ti '?\ , !:,r~, 1- tl::, - Ti I r, 8 1 1 '>?I1 eyr' 1 ' !I a 

bchrdule of annual fees to be pard to the Cotrllmss~on annu'llly by each Inhn 

ywnmg operation that conducts class I1 or class I11 gaming, and that such fees 

shall be payable to the Commission on a quarterly basis. Fallure to pay the 
scheduled fees may be grounds for revocation of the approval of the Chairman 

of any license, ordinance, or resolution required for the operation of gaming. 

B. 25 C.F.R. $ 514.l(c) - NIGC regulations require that each gaming operation on 

Indian lands compute quarterly statements determining the amount of fees owed 

to the Commission. 

C. 25 C.F.R. $$ 51 4.1 (c)(2) - Quarterly statements are due on March 31, June 30, 

September 30, and December 31 of each calendar year the gaming operation is 

subject to the jutisdiction of the NIGC. 

D. 25 C.F.R. $$ 514.1 (c)(4) - Quarterly statements shall be transmitted to the 

Commission to arrive no later than the due date. 

E. 25 C.F.R. $ 514.1(~)(5) requires each gaming operation to remit to the 

Commission the fees due each quarter with the quarterly statement. 

4. Role of Ouarterlv Fees and Quarterlv Statements 

The annual fees collected by the NIGC in order to fund the agency's work are based upon 

the quarterly worksheets submitted by Indian gamg operations. NIGC must set a fee rate 

sufficient to fund its amual budget, yet may not exceed the fee cap set by Congress. 

Thus, it is imperative that the NIGC receive worksheets from the gaming operations in a 

timely manner so that the NIGC is able to set accurate preliminary and final fee rates. 

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5. Circumstances of the Violation 

A. Respondent is a federally recognized Indian Tribe with tribal headquarters in 

New Town, North Dakota. 

B. Respondent operated its gammg facility, Four Bears Casino and Lodge, 

during all or part of the following year: 2003 & 2004. 

C. The NIGC received an untimely quarterly statement and fee payment for the 

quarter ending December 3 1,2004. The quarterly statement and fee payment 

were received by the NIGC on January 26,2005. 

D. Pursuant to NIGC regulations, the ha1 quarterly statement and fee payment 

for 2004 were due on December 31,2004. 25 C '? T 71 1 1 /r 2) C>up. ti 'v 

statements :md fee payments must arr1:-e qt ti c ' i if' ( ( lr 1 ( rc 7' 

quarter endlng datc. 25 C.F.R. 5 511 l(c){ f) ' 11 :L :L .\ h: i , 11, , 

\-lolauon of these reguhtions for failure tr, SL~L, 1 t~lr~-I; cii; + L',, 

statement and fee payment. 

6. Measures Required to Correct these Violations 
There is no way to rectify the late submission of the December 31,2004 quarterly 

statement and fee payment. The regulations require that the quarterly statement and fee 

payment be transmitted to the Commission to arrive no later than the due date. 

7. Appeal 

Wih 30 (thuty) days after service of this Notice of Violation, Respondent may appeal to 

the full Commission under 25 C.F.R. Part 577 by submitting a notice of appeal and, if 

desired, request for hearing to the National In&an Gaming Commission, 1441 L Street, NW, 

Ninth Floor, Washington, DC 20005. Respondent has a right to assistance of counsel in 

such an appeal. A notice of appeal must reference this Notice of Violation. 

Within ten (10) days after filing a notice of appeal, Respondent must He with the 

Commission a supplemental statement that states with particularity the relief desited and the 

grounds therefore and that includes, when available, supporting evidence in the form of 

affidavits. If Respondent wishes to present oral testimony or witnesses at the hearing, 

Respondent must include a request to do so with the supplemental statement. The request 

to present oral testimony or witnesses must specify the names of proposed witnesses and the 

general nature of their expected testimony, whether a closed hearing is requested and why. 

Respondent may waive its right to an oral hearing and instead elect to have the matter 

determifled by the Commission solely bn the basis of written submissions. 

8. Fine--Submission of Information 

The violation cited above may result in the assessment of a civil he against Respondent in 

an amount not to exceed $25,000 per violation per day. Under 25 C.F.R. § 575.5(a), 

Respondent may submit written information about the violation to the Chairman within 15 

otice of violation (or such longer period as the Chaitman of the 

good cause). The Chairman shall consider any information 

g the facts surrounding the violation and the amount of the civil 

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