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SETTLEMENT AGREEMENT 

INTRODUCTION 

This Settlement Agreement ("Agreement") is entered into by and between Charles 

W. Murphy, Chairman of the Standing Rock Sioux Tribe, a federally-recognized Indian 

tribe ("Tribe") and Philip N. Hogen, the Chairman of the National Indian Gaming 

Commission ("Chairman") relating to the matters contained in Notice of Violation No. 

NOV-05-11. 

RECITALS 

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Whereas, the Tribe has conducted gaming on Indian lands at a facility named 

Bear Soldier Jackpot Bingo (Bear Soldier) in McLaughlin, South Dakota since 

approximately September, 1983; 

Whereas, the Chairman and the Tribe desire to resolve issues related to Notice of 

Violation No. NOV-05-11. 

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

perform in accordance with the following covenants and wnditions: 

TERMS OF SETTLEMENT 

1. This Agreement is entered into pursuant to 25 C.F.R. 575.6 (b) and shall be 

effective upon the signature of all parties. 
The Tribe agrees that it was required to submit a timely annual audit report for the 

Bear Soldier gaming operation for the fiscal year ended December 3 1,2004. 

The Tribe agrees that it submitted the audit report for Bear Soldier for fiscal year 

ended December 3 1,2004, to the NIGC in an untimely fashion. 

The Tribe acknowledges that the failure to submit an annual independent audit 

report for its gaming operation in a timely fashion is a violation of the Indian 

Gaming Regulatory Act ("IGRA"), 25 U.S.C. 9 2701 et seq., NIGC regulations, 

and the Tribe's gaming ordinance. 

The Tribe agrees to pay a fine in the amount of Five Thousand dollars ($5,000). 

Two Thousand Five Hundred dollars ($2,500) of the fine will be paid on or before 

August 3 1,2005. The remaining Two Thousand Five Hundred dollars ($2,500) 

will be suspended pending the timely submission of independent audit report for 

the Bear Soldier facility for the fiscal year ended April 1,2006. The audit report 

submission for Bear Soldier Jackpot Bingo for the fiscal year ended April 1,2006, 

will be considered timely if received by the NIGC on or before August 28,2006. 

Upon timely submission of the audit report for the Bear Soldier facility for the 

fiscal year ended April 1,2006, the Chairman will forgive the suspended Two 

Thousand Five Hundred dollar ($2,500) fine. If the Tribe fails to submit the Bear 

Soldier audit for the fiscal year ending April 1,2006, so that it is received by the 

NIGC by August 28,2006, the remaining Two Thousand Five Hundred dollar 

($2,500) of the fine will be paid on or before June 30,2006. 

The Chairman agrees upon execution of this Agreement to waive the right to 

impose any further civil fine for Notice of Violation No. NOV-05-11 against the 
Tribe, unless the Tribe fails to comply with this Agreement. If the Tribe fails to 

comply with this Agreement, the Chairman reserves the right to initiate an 

enforcement action against the Bear Soldier facility as outlined under 25 C.F.R. $ 

573.6. 

7. Pursuant to NIGC regulations, The Chairman and the Tribe agree that, once the 

terms of this settlement have been met, the only effect of NOV-05-11 would be in 

calculation of a civil fine for another violation within a five year period. See 25 

C.F.R. $ 575.4(c). 

8. The Tribe agrees upon execution of this Agreement to waive its right, if any, to 

further review of Notice of Violation No. NOV-05-1 I, including ail rights to . 

appeal to the full Commission as outlined in 25 C.F.R. 5 577 et seq. and judicial 

review pursuant to 25 U.S.C. $2714. 

9. Subsequent to the parties' acceptance of this Agreement, the civil fine assessment 

set forth herein will become a Final Assessment Order of the Commission. 

ADDITIONAL COVENANTS 

1. This Agreement constitutes the entire agreement between the Chairman and the 

Tribe and supersedes all prior verbal or written agreements and understandings 

between the parties related to the subject matter hereof. No warranties, 

representations, covenants, or agreements shall be binding upon any party except 

as set forth herein. Any modification or 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 Tribe stipulates that the Notice of Violation shall be deemed a final order of 

the Commission and a final agency action pursuant to 25 C.F.R. 5 577.9(d). 

3. The Chairman and the Tribe expressly agree and acknowledge that time is of the 

essence in this Agreement. The recitals herein and above set shall be binding 

upon the parties, their agents, heirs, personal representatives, successors and 

assigns. 

4. A signature produced by facsimile shall be deemed a1 signature and 

shall be effective and binding for purpose of thd~greement 

Charles W. Murp Philip N. Hogen 

Chairman Chairman 

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