Nntional Indian Gaming Camrnisaion 

This Settlement Agreement (Agreement) is mtered inta by and between the 

%u~~.nville Indian heheria (Trib+ or Tribes), a fede~lly-r~cognized Indian frik, md 

&c Chainan ofthe Na~5nd Zndian Gaming Carnmiasbn QUGC Chiman), rehting to 

the matter conttfhed in the WIGC Chairmna's Notice of Violation No. NOV-09-24. 

RECITALS 

1. Whertas, the Indian Gaming Reguimq Act 0 authorizes the NIGC 

Chairman to issue civil 5nes fur vialations of the XGRPr, National Indian Gaming 

Commlssioa (XTGC] ~gulations, or tribal regulatioras, ordinances, or resolutions 

approved by the XGC Chairman under 25 U.S.C. $8 2710,2712. 25 U.S.C. 5 

2713{a)( 1). 

2, Whereas, idea: &fie regulaticms of the: him, 29 C.F.R. 6 573.3 (a), the MGC 

Chairmtln may issue 3 Notice of Vialatittian WV) to any person for violations of 

any provision of the IGM, h3GC regulations, or any provision of a wibd gaming 

crdinmce or ~solurion ~pproved by tHle Chairmm, 

3. Wh, on Apri f 2 I, 2089, the MGC Chairman issued NQV-09-24 for the 

Tribe's failure to submit timely quarterly statements and fees for the qumers 

mding ,March 31, June 30, and SeptemttPsr '30 of calendar year 2008. 

4. Where- the NlCC Chairram and the Tribe desire to achiwe an amimbte 

resaluntion o5Motice af ViolatianNe. WOV-09-24. 

5. Th~n'ore, the Chaimm and the Tribe have agreed to execute his Agreement arnd 

pdom in accordance with the following coveants and conditions: 

TERMS OF SETTLEWW'F 

6. Tnis Apemefit is entered into purmant 'to 25 C.F.R. 4 579.Q@) and sl~a!I be 

eEec:ive upm &I?E date &at it is signed by &e fast party 16 siw this Apemmt 

PW~ctive Date). 

7. The Tribe agnes that i? was required to submit timely cyartedy s%tments and 

ftc paymenxs to the NIGC for Diamond Mountain Czlsrifia for the calendar year 

2008. 
8. The Tribe apes that it submitted the quarter!y statemfits afid fee pamends for 

Diamond Moumin Cainc far the quarters mding March 3 I., June 30, arid 

Se~temSer 30 of calender year 2008 TO ehe NlGC m an untimely fashion. 

9, The TPibe apes &at the faik to mbrnit quarterly 3taternen:s and fee payments 

for its gaming opemtionls) %I a timely fashion vioIates h?GC regzIaCons. 

10. The Tribe agrees to pay a civil fine of w~lr~e- thousand dollars (S12,000), made 

payable to the W.S. Treamrv and delivered to rhe SIGC. Four thousand doIIars 

($4,000) of &e fine shall be due within thirty (30) days after :he E%c&vc Date of 

this Ageemanr. 

i i De remaining eight thommstd dollars (S8.000) will be suspended pending fit 

XGC's timely receipr of rhe 9werI.y staternmt and fee payment dut for &e 

qvs*er ending on Jilrta 30,2009 by June 30,2009. 1: tither the qumerly 

sta%t:rs,ent or fee payment is nor submitted in a fimeIy manner, eigh Shous~nd 

doliars (58,000) wi':? Secorne payable 30 days after ~ke dejinquent qumerly 

statement or Fee payncnt was due. 

12. Additionally, Re Tdk agrees ra piece four thousand doiIars (S4,QOO) in a 

Eund for tfne pupses of training its Casino finance scgffaund ro comply 

wi& pmy~phs I 5 &mu& 2 1 of this ageanent to that end. 

!3. By entering this Agreement: the NIGC Chaiman agrees to waive his right to 

impose any additional chi1 fine ar a closure order agdnst he Tribe for c?e rnatkrs 

addressed in SOU-09-24, provided &xk if the Trbe Eaila zo comply with this 

AgeernmG the h7GC Chahm may issue a proposed civil fim to resolve ihe 

Tribe's viohtien mdJor breach af this Apernenz. 

14. lie Trilx agrees upoa execution ofthis Agreement to waive the right t6 further 

review of matters adbaed in this Apecmmc including ail rights to appeal ro 

&e full Commission m set fo& in 25 C.F.R Part 577 and judicial review 

pmwnl to 25 U.S.C. 2714. 

USE Of TBAIXXNG FLW 

IS, As set 42th in paagmph 12 ofthis Agreement the Tribe apes to place four 

thousar.d dollars (?%,Ooel) in a krd and to submit documentation of i~ creation To 

hIGC within thirty (30) days of the effective date of this argeernent. 

16, The Tribe agrees that the fund created though this Agreement will be mrricted to 

we for mining employees of the Diamond Mow.nin Casino. 

f 7. '!?he Tribe agees 80 spend all the monies in the fund by December 3 2,2009. 

I &, The Tdbe agrees that it ~413, dtveIop a mining plan to use aII the monies ir? the 

fund and thks if will submit the glzn to NIGC by 3ur.e 30.200g. 
19. The Tribe agrees ro ahit documentation for each do1 tar spent: on raining, up to 

%w ~OWS~~ dollars ($4,000) as set for& of paragrqh 12 of this Agreement, to 

he X3GC within fourteen {Id) days of incurring the expense, and thut if it do= 

not submit proper dacrarnm~ation to hTGC, it may not llse monies from the 

trainhg fund 70 pay :he esrpeme. 

20. Tnc Tribe agrees zhzt a:l mining paid far with monies from &is fund must be 

completed no later thar. December 3 11, 2009. 

21. The Tribe funher agrees that k will properly spend and submit ap~rapxim 

documentation 10 MGC for all miming firid dollars by Jacuary 1 5,20 10, as 9et 

forth in paragmphs 3, 19,20, and 21 of this Agreement. 

ADDITIONAL COmh\TS 

22. nia Agreement constitutes the entire agreement between the MGC Chairman 

and the Tribe elating to rhe enforcement matter s& forth ar the beginning of this 

Agreemenr. Any rnodificarioa or waiver af any tern of this Agreement must be 

in writing end dped 3y both pdes. 

23. The Tribe agrees that thi3 Agreement shaft be: deemed to be &e subject of a find 

ordm of the 3lGC mder 25 C.F.R. 8 575.4(~)(1) rind a fmaf agency action 

pmuant to 25 C.F.R. 4 577.9gd). 

24. The NIGC Ch~n and the Tibe "pmsiy agree md acknowledge &at time is 

of the essence in this Apipemnx. The recitals herein shall be binding upon -the 

parties, their agents, heirs: personal represenhzives, successors and a~$i@s. 

25. The partits agree &at after the EfiEtive Date, this Agreement shall be a pubiit 

document eind my be published or discbsed by either party. 

26. This Agreement may be executed on ane or more cuunterparts and each shdl 

coastivae an original. A signamre productd by facsimile shall be deemed to be 

m orighal signature ar.d s5all be effective me binding for purpose of the 

Agreement. 

Date: S" / 21 / 04