NATIONAL INDXAB GAMING COIMRaISSION 

NOTICE OF VIOLATION 

TO: Omaha Tribc of Nebraska and Iowa 

Attn: Ansley Griffjn Sr., Chairman 

AGENT FOR SERVICE OF PROCESS 

P.O. Box 368 

100 Main Street 

Macy, NE 68033 

FAX: (402) 837-5308 

Omaha Tribe of Nebraska and Towa Gaming Commission 

Ann: Theresa Henry, Chairperson 

P.0 Box 225 

Onawa, IA 5 1040 

FAX: (712) 423-1344 

Patty Zieg, Attorney 

Stinson, Morrison, Hecker LLP 

1299 Farnum St. 15' Floor 

Omaha, NE 68 102 

FAX: (402) 829-8739 

1. Notification of Violation 

The Chairman of the NationaI lndian Gaming Commission (NIGC) hereby gives 

notice that the Omaha Tribe of Nebraska and Iowa (Respondent or Tribe), located 

in Macy, Nebraska, has violated NIGC regulations by failing to submit quarterly 

statements and fee payments for the first, second and third quarters of2008 for 

Casino Omaha and the Lucky 77 Casino. 

2. Authority 

Undcr the Indian Gaming Regulatory Act (IGRA) and NIGC regulations, the 

Chairman of the MGC (Chairman) may issue a Notice of Violation (NOV) to any 

person for violation of any provision of the IGRA, NIGC regulations, or any 
provision of a tribal gaming ordinance or resolution approved by the Chairman. 

25 U.S.C. 82713; 25 C.F.R. 8 573.3. 

3. Applicable Federal Laws 

A. TGRA requires the NIGC to establish a schedule of fees to be paid to the 

Commission annuaIIy by each gaming operation that conducts a cIass I1 or 

class 111 gaming activity. 25 U.S.C. $27 17. 

R. NTGC regulations require that each gaming operation under the 

jurisdiction of the Commission shall pay to the Commission annual fees as 

established by the Commission. 25 C.F.R. 8 5 14.1 (a). 

C. Each gaming operation subject to the jurisdiction of the Commission and 

not exempt from paying fees pursuant to the self-regulation provisions 

shall file with the Commission a quarterly statement showing its 

assessable gross revenues for the previous caIendar year. 25 C.F.R. 

514.1(c). 

D. The quarterly statements are due March 3 I. June 30, September 30, and 

December 3 I of each calendar year the gaming operation is subjcct to the 

jurisdiction of the NIGC. 25 C.F.R. 5 1 4.1 (c)(2). The quarterly 

statements shall be transmitted to the Commission and arrive no later than 

the due date. 25 C.F.R. 8 5 14.1 (cS(4). 

E. NlGC reguIations require each gaming operation to remit to the 

Commission the fees due each quarter with the quarterly statement. 25 

C.F.R. 5 5 14.1 (c)(5). 

E. NlGC regulations define '"gaming operation" as "each economic entity 

that is licensed by a tribe. operates the games. receives the revenues, 

issues the prizes and pays the expenses." A gaming operation may he 

operated by a tribe directIy; by a management contractor; or, under certain 

conditions, by another person or other entity. 25 C.F.R. § 502.1 0. 

4. RoIe of Quarterly Fee and Quarterly Statements 

Tbe annual fees collected by the NIGC are necessary in order to fund the agency's 

oversight and replation of Indian gaming and arc based upon the quarterly 

statements submitted by Indian gaming operations. NIGC must set a fee rate 

sufficient to fund its annual budget, yet may not exceed the fee cap set by 

Congress. Thus, it is imperative that the NIGC receive statements from the 

gaming operations in a timely manner so that the NIGC is able lo set accurate 

preliminary and finaI fee rates. 
5. Circumstances of the Violation 

A. Respondent is a federal1 y recognized Indian Tribe with tribal headquarters 

in Macy, Nebraska. 

B. The Tribe opcrated its gaming operation, Casino Omaha. during all of 

2007 and 2008 through November 3,2008 . 

C. The Tribe operated its gaming operation, Lucky 77 Casino, during all of 

2007 and 2008 through November 3,2008. 

D. The NlGC has not received quarterly statements and fee payments for the 

gaming operation for quarters ending as follows: 

1 " quarter ending March 3 I. 2008 

2nd quarter ending June 30,2008 

31d quarter ending September 30.2008 

E. Failure to make such submission by the requisite due dates is a violation 

of IGR4 and NIGC regulations. 

6. Measures Required to Correct the Violation 

There is no remedial action that can correct the untimely submission of quarterly 

statements and fees. However, improved controls to ensure timely submission of 

future quarterly statements and fees should bc put in place. Moreover, to correct 

the an-going violation, the Tribe should immediately submit quarter1 y statements 

and the requisite fees. 

7. Appeal 

Within thirty (30) days after service of this Notice of Violation, Respondent may 

appeal to the full Commission under 25 C.F.R. Part 577 hy submitting a notice of 

appeal, and, if desired, request for hearing to the National Indian Gaming 

Commission, 1 44 1 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 file with the 

Comn~ission a supplemental statement that states with particularity the reIief 

desired 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 genera1 nature of their expected 

testimony. whether a closed hearing is requested and why. Respondent may 

waives its right to an oral hearing and instead cIect to have the matter determined 

by the Commission solely on the basis of written submissions. 

8. Fine-Submission of Information 

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

Respondent in an amount not to exceed $25,000 per violation per day. Under 25 

C.F.R. 3 575.5(a), Respondent may submit written information about the violation 

to the Chairman within fifteen (1 5) days after service of this notice of vioIation 

(or such longer period as the Chairman may grant for good cause). The Chairman 

shall consider any information submitted in determining the facts surrounding the 

violation and the amount of the civil fine, if any. 

Dated this -- 4 ofNovember. 2008 

/-- 

Chairman 

HEATI~R L.MCMILLAN 

Staff Attorney 
Certificate of Service 

I certify that this Notice of Violation was facsimile transmission and certified 

U.S. mail, return receipt requested, on this of November 2008 to: