National Indian Gaming Commission 

SETTLEMENT AGREEMENT 

INTRODUCTION 

This Settlement Agreement ("Agreement") is ehtered into by and between Ralph 

-. 

Sampson. Jr., Chairman of-the Confcdcrated Tribes and Bands of the Y aka~na Nation, a 

federally-recognized Indian Nation ("Natian") and George T. Skibine. the Acting Chairrnan of 

the National Indian Gaming Commission ("NTGC Chairman"; collectively "parties") relating to 

the mnttms contained in Notice of Vio lation No. NOV-09-37 V'NOV-09-3 7"). 

RECITALS 

Whereas. the Nation has conducted gaming on Indian lands at Y&ama Legends Casino 

in Toppenish, Washington since 1998; and 

Whereas. the NIGC Chairman and the Nation desire to resolve issues related to NOV-09- 

Therefore, the NIGC Chairman and the Nation have agreed to execute this Agreeinent 

and perform in accordance with the following covenants and conditions: 

TERMS OF SETTLEMENT 

1. On September 1,2009. then Chairman Philip N. Hogen issued Notice of Violation 

No. NOV-09-37 to the Nation alleging that the distribution of $2,000 of net gaming revenue to 
cach Tribal member in the absence of an approved revenue allocation plan violated IGRA's 

requirement that per capita paymcnts be made pursuant to a revenue allocation plan approved by 

the Secretary of the Department of the Tntcrior (DO]). See 25 U.S.C. 6 27 1 O(a)(3)(A-D). On 

October 1,2009, the Nation timely appealed NOV-09-37. In its appeal notice, the Nation 

asserted: 

Nothing herein may he interpreted as either (1) an admission of liability or 

wrongdoing on the part of the Nation. or (2) a waiver of any of the Nation's 

procedural or administrative rights. Nor does the Nation hercby waive, alter or 

othenvisc diminish any rights, privileges. remedies or services guaranteed by the 

Treaty with the Yakirna of 1855. 

The appeal was i~ninediately stayed in order to allow the NIGC Chairman and the Nation to 

pursue seltItment negotiiltions. 

2. The NIGC Chairman recognizes that the Nation suhrnittcd its proposed revenue 

allocation plan to DO1 Yakama Agency Superintendent Guy Robbins on December 10,2008. 

This proposed revenue allocation plan was forwarded by Superintendent Robbins to the DOJ 

Director of the Office of Indian Gaming on December 11,2808. 

3. The Nation recognizes that the proposed revenue allocation plan was not 

approved by DO1 until February 23,2009, despite DO1 needing to approve or disapprove the 

plan within 60 days as required by 25 CFR 4 290.19.16, The Nation agrees that: On or about 

December 19,2008, it distributed $2,000 to each Yakama Tribal member. ConsequcntIy, the 

Nation did not possess an approved revenue allocation plan when it distributed net gaming 

ccvcnuc to CRC~ of its individual tribal members. Because it did not have an approved revenuc 

allocation plan at the time of the per member distribution, the distribution violated applicable 

laws. 

2656021.1 
4. The Nation agrees to pay five thousand dollars ($5,000.00) to fully and finally 

resolve matters related to NOV-09-37 as outlined herein. The Chairman acknowledges receipt, 

on November 2, 2009, of a check in the amount of five thousand dollars ($5,000.00). 

5. The NIGC Chairman agrecs upon execution of this Agreement to waive the right 

to impose 'my additional civil fine or issue another NOV for NOV-09-37, unless the Nation QiEs 

to compIy with this Agreement. 

6. This Agreement is entered into pursuant to 25 C.F.R. $ 575.6.Cb) and shall bc 

effective upon the signature of all parties. 

7. The Nation agrees upon execution of this Agreement to waive its right, if any, to 

furtl~ereview of NOV-09-37, inchding a11 rights to appeal to the full Commission as outlined in 

25 C.1F.R. $ 577 cf seq. and judicial review pursuant to 25 U.S,C. 5 2714. 

8. The Parties agree that payment fully and finally resolves matters related to NOV09-37 as outlincd I-tcrein. 

9. The Nation stipulates that the Settlement Agreement shall be deemed a final 

C~~mmission decision and final agency action pursuant to 25 C.F.R. 5 577.9(d). 

10. Nothing herein shall waive. alter, or otherwise diminish the Nation's rights. 

privileges, remcdies or services guaranteed by tl~c Yakama Treaty of 1855. 

ADDITIONAL, COVENANTS 

1 , This Agreement constitutes the entire agreement belween the NTGC Chairman 

and the Nation and supersedes all prior verbal or ~~lrittcn agreements and understandings between 

the parties related to the subject matter hereof. No wa~ranties. representations, covenants. or 

agreements shaIl be binding upon any party except as set forth hcrein. Any modification or 

3 

2h5hrlZ.7.1 
waiver of any term of this Agreement, including the modification or waiver of term, must be in 

writing and signed by both parties. 

2, The NIGC Chairman and the Nation expressly agree and acknowledge that time is 

ofthe essence in this Agreement, and furtl2cr stipulate to file a joint motion seeking the Presiding 

Official's certification of this Agreement, and that such certification shall constitute dismissal of 

the Nation's appeal of NOV-09-37. The terms herein and above shall be binding upon the 

parties, their agents, heirs, personal representatives, successors and assigns. 

3. A signature pmduccd by facsimile shalI be deemed to be an original signature and 

shall be cffectivc and binding Tor purposes of the Agreement. 

Yakama Nation National Indian Gaming Commission 

By: By : 

Ral George T. Skibine 

Chairman Acting Chairman 

Date Date 
waiver of any term of this Agreement, including the modification or waiver of term, must be in 

writing and signed by both parties. 

2. The NIGC Chairman and the Nation expressly agree and acknowledge that time is 

of the essence in this Agreement, and further stipulate to file a joint motion seeking the Presiding 

Official's certification of this Agreement, and that such certification shall constitute dismissal of 

the Nation's appeaI of NOV-09-37. The terms herein and above shall be binding upon the 

parties, their agents, heirs, personal representatives, successors and assigns. 

3. A signature produced by facsimile shall be deemed to be an original signature and 

shall be effective and binding for purposes of the Agreement. 

Yakama Nation National Indian Gaming Commission 

By: 

Ralph Sampson, Jr. 

Chairman 

i l . - -2 By: 

George T. Skibine 

~c~ing Chairman 

Date 
Certificate of Service 

I certify that this Settlement A~reement: SA-09-37 was sent by facsimile transmission - 

and certified U.S. mail, return receipt requested, on this znd day of November, 2009.