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National Indian Gaming Commission

SETTLEMENT AGREEMENT
SA-08-28

INTRODUCTION

This Settlement Agreement (Agreement) is entered into by and between the Nez
Perce Tribe (Tribe), a federally-recognized Indian tribe, and the Chairman of the National
Indian Gaming Commission (NIGC Chairman), relating to the matter contained in the
NIGC Chairman’s Notive of Violation No. NOV-08-28,

RECITALS

1. Whereas, the indian Gaming Regulatory Act (IGRA) authorizes the NIGC
Chairman to issue civil fines for violations of the IGRA, National Indian Gariing
Commission (NIGC) regulations, or tribai regulations, ordinances, or resolutions
approved by the NIGC Chairman under 25 U.S.C. §§ 2710, 27)2. 25 U.S.C. §
2713(aX1).

2. Whereas, under the regulations of the NIGC, 25 C.F.R. § 573.3(8), the NIGC
Chairman may issue a Notice of Violation (NOV) to any person for violations of
any provision of the IGRA, NIGC regulations, or any provision of a tribal gaming
ordinance or resolution approved by the Chairman.

Whereas, on December 12, 2008, the NIGC Chairman issued NOV-08-28 for the
Tribe's failure to submit timely quarterly statements and fees for the quarters
ending March 31, June 30, and September 30 of calendar year 2008.

4. Whereas, the NIGC Chairman and the Tribe desire to achieve an amicable
resolution of Notice of Violatign No. NOV-08-28.

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Therefore, the Chairman and the Tribe have agreed to execute this Agreement and
perform in accordance with the following covenants and conditions:

TERMS OF SETTLEMENT
6. This Agreement is entered into pursuant to 25 C.F.R. § 575.6(b) and shal! be

effective upon the date that it is signed by the last party to sign this Agreement
(Effective Date}.

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7. The Tribe agrees that it was required to submit timely quarterly statements and
fee payments to the NIGC for Clearwater River Casino and Resort for the
calendar year 2008.

8. ‘The Tribe agrees that it submitted the quarterly statements and fee payments for

Cleprwater River Casino for the calendar year 2008 to the NIGC in an untimely

9, The Tribe agrees that the failure to submit quarterly statements and fee payments
for its gaming operation(s) in a timely fashion is a violation of NIGC regulations,

10. The Tribe agrees to pay a civil fine of thirty six thousand dollars ($36,000), made
payable to the U.S, Treasury and delivered to the NIGC. Nine thousand dollars
(39,000) of the fine shall be due within thirty (30) days after the Effective Date of
this Agresment. An additional nine thousand dollars ($9,000) shail be due within
sixty (60) days after the Effective Date of this Agreement.

iM. ‘The remaining cighteen thousand dollars ($18,000) will be suspended pending
timely submission all quarterly statements and the requisite fee payments due in
Calendar Year 2009 in a timely mamner. If any one quarterly. statement or fee is
not submitted in « timely manner, eighteen thousand dollars ($18,000) will
become payable 30 days after the delinquent quarterly statement or fee was due.

12. By entering this Agreement, the NIGC Chairman agrees to waive his right to
impose any additional ciyi] fine or a closure order against the Tribe for the matters
addressed in NOV-08-28, provided that if the Tribe fails to comply with this
Agreement, the NIGC Chairman may issue a proposed civil fine to resolve the
Tribe's violation and/or breach of this Agreement.

13, The Tribe agrees upon execution of this Agreement to waive the right to further
review of matters addressed in this Agreement, including all rights to appeal to
the fall Commission as set forth in 25 C.F.R. Part 577 and judicial review
pursuant to 25 U.S.C, § 2714,

ADDITIONAL COVENANTS

{4. This Agreement constitutes the entire agreement between the NIGC Chairman
and the Tribe relating to the enforcement matter set forth at the beginning of this
Agreement. Any modification or waiver of any term of this Agreement must be
in writing and signed by both parties.

15. The Tribe agrees that this Agreement shall be deemed to be the subject of « final

order of the NIGC under 25 C.F.R. § 575.4(c)(1) and a final agency action
pursuant to 25 CFR. § 577,9(d).

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16, The NIGC Chairmen and tha Tribe expressly agree and ackaowledge that time is
ofthe essence in this Agreement. The recitals herein shall be binding upon the
parties, their agents, heirs, personal representatives, succrssors and assigns.

17, “The pasties agree that after the Effective Date, this Agreement shall be a public
document and may be published or disclosed by either party.

18. This Agreement may be executed on one or more countetparts and each shall

constitute un original. A signature produced by facsimile shall be deemed to be
‘au origina! signature and shall he effective and binding for purpose of the
Agreement,

Neg Herce Tribe National Indian Gaming Commission

Vat aA
Memeal . Mornay xa

Sammel N. Penney, Chairmdn Philip N. Hogen, Chairman
Dates />/¥-OP Date: Iis/o4

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