National Indian Gaming Commission 

' 

NOTICE OF VIOLATION 

NOV-05-01 

To: Virgd Hunt, Chairman (Agent for Service of Process) 

Yakama Nation Gaming Commission 

C/O Yakama Legends Casino 

580 Fort Road 

Toppenish, WA 98948 

FAX: (509) 865-7867 

Jerry Meninick, Chairman (Agent for Service of Process) 

Confederated Tribes and Bands 

of the Yakama Indian Nation 

P.O. Box 151 

Toppenish, WA 98948 

FAX: (509) 865-5528 

David Ward 

Tribal Attorney 

P.O. Box 151 

Toppenish, WA 98948 

FAX: (509) 865-5528 

1. Notification of Violation 

The Chairman of the National Indian Gaming Commission (NIGC) hereby gives notice that 

the Confederated Tribes and Bands of the Yakama Indian Nation (Respondent or Tribe), 

located in Toppenish, Washington, is in violation of NIGC regulations for failure to submit 

timely quarterly fee statements and fee payments. 

Iji~t?er regulations of the N:ttiot~:il Indian Garning Commission, the Chairman of the NIGC 

(Chairman) may issue a Noiice of Violation (NOV) to any person for violation of any 

provision of the Indian Gaming Regulatory Act (IGRA), NIGC reg~~lations, or any prorisin~. 

of a tribal gaming ordmance or resolution approved by the Chairman. 25 C.F.R. $573.3. 
3. Av~licable Federal and Tribal Laws 

A. 25 U.S.C. $ 2717(a) - IGRA mandates that the Commission shall establish a 

schedule of annual fees to be paid to the Commission annually by each In&an 

gaming operation that conducts class I1 or class I11 gaming, and that such fees 

shall be payable to the Commission on a quarterly basis. Failure to pay the 

scheduled fees may be grounds for revocation of the approval of the Chairman 

of any license, ordinance, or resolution required for the operation of gaming. 

B. 25 C.F.R. $ 514.l(c) - NIGC regulations require that each gaming operation on 

Indlan lands compute quarterly statements determining the amount of fees owed 

to the Commission. 

C. 25 C.F.R. $$ 514.1(~)(2) - Quarterly statements are due on March 31, June 30, 

September 30, and December 31 of each calendar year the gaming operation is 

subject to the jurisdiction of the NIGC. 

D. 25 C.F.R. $§ 514.1(~)(4) - Quarterly statements shall be ttansmitted to the 

Commission to arrive no later than the due date. 

E. 25 C.F.R. $ 514.1(~)(5) requires each gaming operation to remit to the 

Commission the fees due each quarter with the quarterly statement. 

4. Role of Quarterlv Fees and Ouarterlv Statements 

The annual fees collected by the NIGC in order to fund the agency's work are based upon 

the quarterly worksheets 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 worksheets from the gaming operations in a 

timely manner so that the NIGC is able to set accurate preliminary and ha1 fee rates. 

5. Circumstances of the Violation 

A. Respondent is a federally recoped Indian Tribe with tribal headquarters in 

Toppenish, Washington. 

B. Respondent operated its garmng facility, Yakarna Legends Casino, during all 

or part of the following year: 2003 & 2004. 

t :. 'i-lit: >!IGC ~.cceivctl ~i1 i~.:timcly c]c:ar!erlv statctl-.crlt :lt1d fec pny:* -1c1lt fi-lr the 

clt:.trrcr en3ir:g Dcccm1)er 31, 2(:1)4. 'J'he qu:lrtcrly st2lemcnt and fcc pnj-ment 

n.c:re receix-ed by the NIGC on E'ebri1:iry 15, 2005. 

D. Pursuant to NIGC regulations, the final quarterly statement nnd fee payment 

for 2004 were due on December 31,2004. 25 C.F.R. tj 514.1 (c)(2). Quarterly 

statements and fee payments must arrive at the NIGC on or before the 
quarter ending date. 25 C.F.R. $ 514.1 (c)(4). Respondent is therefore in 

violation of these regulations for fdure to submit a timely quarterly 

statement and fee payment. 

6. Measures Required to Correct these Violations 

There is no way to rectify the late submission of the December 31,2004 quarterly 

statement and fee payment. The regulations require that the quarterly statement and fee 

payment be transmitted to the Commission to amve no later than the due date. 

7. Appeal 

Within 30 (thuty) days after service of this Notice of Violation, Respondent may appeal to 

the full Commission under 25 C.F.R. Part 577 by submitting a notice of appeal and, if 

desired, request for hearing to the National Indian Gaming Commission, 1441 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 (1 0) days after filing a notice of appeal, Respondent must file with the 

Commission a supplemental statement that states with particularity the relief 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 

general nature of their expected testimony, whether a closed hearing is requested and why. 

Respondent may waive its right to an oral hearing and instead elect 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 he against Respondent in 

d $25,000 per violation per day. Under 25 C.F.R. § 575.5(a), 

written information about the violation to the Chairman within 15 

notice of violation (or such longer period as the Chairman of the 

good cause). The Chairman shall consider any information 

ts surrounding the violation and the amount of the civil 

\ 

Chairman 

National Indian Gaming Commission 
AN 0 REA LORD 

Staff Attorney