National Indian Gaming Commission 

SETTLEMENT AGREEMENT 

S-4-09-20 

This Serrlement Ageenlent (Agreement) is entered into by and between the Berry 

Creek Rmcheria (Tribe), a fzdesally-recognized Indian tribe. and the Chairman of the 

National Indian Gaming Conmissio~~ (NTGC Chairman), relating to the matter contained 

in the NIGC Chairman's Notice of Violation No. NOV-09-20. 

1. Whereas, the Indian Garnirig Regulatory Act (IGR4) autltorizes the NIGC 

Chairman to issue civil fines for violations of the IGRA, National Indian Gaming 

Commission (NQGC) regullatio~~s, ortribal regulations, ordinances, or resolutions 

approved by the NIGC CShair1.1lan under 25 U.S.C. $5 2710- 2712. 25 U.S.C. $ 

2713(a)(l). 

3. Whereas, under the iaegulations of the NIGC, 25 C.F.R. 5 573.3(a), the NXGC 

Chairman nlay issue a Notice of Violation WOV) to any person for violations of 

any provision of lhe IGM, NIGC regglations, or any provision of a tribal gaming 

ordinance or resol~~tio~~ approved by the Chairman. 

3, Whereas. or1 April 9: 2009, the NIGC Chairman issued NOV-09-20 for the 

Tribe's failure to submit a timely quarteriy statement and fees for lhe first. 

second, and thild quarters of calendar year 2008 

4. Whereas, the NTGC Chairman and the Tribe desire to achieve an amicable 

resolution of Notice of Violaiion No. NOV-09-20. 

5. Therefore, the Chairman and the Tribe have agreed to execute this Agreement and 

perform in accordance with the following terns and conditions: 

TERMS OF SEJ'TLEMENT 

6. This .4gseement is entered inro pursuant to 25 C.F.R. 8 575.6@) and shall be 

effective upon the date that it is signed by the last party to sign this Agreement 

(Effective Date). 

7. The 'Ribe agrees that it was required to subnlir timely quarterly sfatements and 

fee payments to the XIGC for the calendar year 2.008. 
8. The Tribe agees that it s~~brnilted the quarterly fees due Marc11 31,2008, June 30, 

2008, and September 30 to the NlGC in a11 untunely fashion. 

9. The Tribe agsees that thc failure to s~~bmit quarterly statenle~ts and fees for its 

ga~~~ing operation(s) in a timely fashion is a violation of NIGC regulations. 

iO. The Tribe agrees to pay a civil Tine of Fivc thousand dollars ($5,000.00), made 

payable to the US. Treasury and delivered to the NJGC. Two Thousand Five 

Hundrcd doHars ($2,500.00) of the fine shall be due within thirty (30) days after 

the Effective Date of tlGs Agreement. 

11. The remaining Two Thousand Five Hundred dollars ($2,500.00) ~,viIl be 

suspended pending the Tribe submitting its first quarter qltarterly statement and 

fee payment by Ma& 31,2010. If the quarterly statements and fee paynle~~ts are 

not submitted two thousand five hundred dollars ($2,500.00) will become payable 

April 30,2010. 

12. By entering this Agreement, the MIGC Chairman agrees to waive his rigllt to . 

impose any additional civil fine or a closure order against tlle Tribe for ihe matters 

addressed in NOV-09-20, provided that if the Tribe fils to comply with this 

A~reement, the NIGC Chalnraan lnay issue a proposed civil fine to resolve the 

Tribe" violation and/or breach of this Agreement. 

13. The Tribe agrees up011 execution of this Agreement to waive fhe right to fixther 

review of matters addressed in this Agreement, il~cliidiag all rights to appeal to , 

the full Conlmission as set forth In 25 C.F.R. Part 577 and judicial review 

pursuant to 25 U.S.C. tj 2714. 

ADDITIONAL COVENANTS 

14. This ,4greenlent constitutes the entire ageen~ent bcbveen the NIGC C1.zairi1lati 

and the Tribe relating to the enforcement matter set forth at thebeghing of this 

Agreement. Any nlodification or waiver of any tam of this Agreement must be 

S11 writing and signed by both parties. 

15. The Tribe agrees that this Agreement sl~all be deemed to be the subject of a final 

order of the Comlnission under 25 C.F.R. 5 575.4(c)(1) and a final agency action 

pursuant to 25 C.F.R. 577.9(d). 

16. The NlGC Chainl~an and the Tribe expressly agree and acknotviedge that time is 

ofthe essence in this Agreement. The recitals herein shall be binding upon the 

parties, their agents, heirs, personal representatives, successors and assigns. 
17. 'I'hr? p8Tiic-s ii,nset: ?hat ;ificy he Effective Datc. this Xgreeisrlr shall he a puMie 

doc111~ei.ll and may hc pubiisi~ed or discIoscd bv eixhcr pait>-. 

! 8. This ~igreement may be executed on one or morc counrergarts ar~i each slrail 

constitute an originai. A signa~usc produced by facsimile shill be decriled io be 

zin oiginai signature and shall be e~Tecrive and binding *;or purpose of the 

Agrcen~eiit. 

Kariofial Indian Gaiiliilg Commission