NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATION 

TO: Tulalip Tribe 

Am: Melvin R. Sheldon, Jr., Chairman, Board of Directors 

(AGENT FOR SERVICE OF PROCESS) 

6700 Totem Beach Road 

TulaIip, WA98274 

FAX: (360) 651-4032 

Tulalip Tribal Gaming Commission 

LeRo y Fryberg, ST. 

Chairman 

PMB #546 

TuIalip, WA 9827 1 

FAX: (360) 65 1-3385 

Lael Echo-Hawk 

Reservation Attorney 

6700 Totem Beach Road 

Tulalip, WA 9827 I 

FAX: (360) 65 1-3448 

1. Notification of Violation 

The Chaiman of the National Indian Gaming Commission (NTGC) hereby gives notice 

that the Tulalip Tribe (Respondent or Tribe), located in Tulalip, Washington, has violated 

NIGC regulations by failing to submit timely quarterly statements and fee payments for 

the quarters ending June 3 0 and December 3 1 of calendar year 2008. 

2. Authority 

Under the Indian Gaming Regulatory Act (IG'RA) and NIGC reguIations, the Chairman 

of the NEGC (Chaiman) 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. 5 27 13; 25 C.F.R. 

g 573.3. 
3. Applicable Federal Laws 

A. IGRA requires the NIGC to estabIish a schedule of fees to be paid to the 

Commission annually by each gaming operation that conducts a cIass I1 or class 

JIT gaming activity. 25 U.S.C. 5 27 17. 

B. NIGC regulations require that each gaming operation under the jurisdiction of the 

Commission shall pay to the Commission annuaI fees as established by the 

Commission. 25 C.F.R. 3j 514.11a). 

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 calendar year. 25 C.F.R. 5 5 14.1 (c). 

D. The quarterly statements are due March 3 1, June 30, September 30, and 

December 31 of each calendar year the gaming operation is subject to the 

jurisdiction of the NIGC. 25 C.F.R. 5 5 14. I (cX2). The quarterly statements shall 

be transmitted to the Commission and arrive no later than the due date. 25 C.F.R. 

3 514.1(~)(4). 

E. NIGC regulations require each gaming operation to remit to the Commission the 

fees due each quarter with the quarterly statement. 25 C.F.R. 3 5 14.1(~)(5). 

F. The N3GC may assess a penalty for failure to file timely a quarterly statement. 25 

C.F.R. 5 5 14. I (c)(9). 

G. NIGC reguIations 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.'" gaming operation may be operated by a tribe directly; 

by a management contractor; or, under certain conditions, by another person or 

other entity. 25 C.F.R. 502.10. 

4. Role of Quarterly Fees and Quarterlv Statements 

The mud fees collected by the NICK are necessary in order to fund the agencyas 

oversight and regulation of Indian gaming and are 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 quarterly statements from the gaming operations in a timely 

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

5. Circumstances of the Violation 

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

TulaEip, Washington. 
B. The Tribe operated its gaming operation, QuiI Ceda Creek Casino, during all or 

part of 2007 and 2008. 

C. The Tribe operated its gaming operation, Tulalip Casino, during all or part of 

2007 and 2008. 

D. The Tribe operated its gaming operation, Tulalip Bingo, during all or part of 2007 

and 2008. 

E. The NIGC received untimely quarterly statements and fee payments for the Quil 

Ceda Creek Casino as follows: 

For the quarter ending June 30 on July 14,2008, 15 days late; 

For the quarter ending December 3 1 on January 23,2009,23 days 

late. 

F. Ttte NIGC received untimely quarterly statements and fee payments for the 

Tulalip Casino as follows: 

For the quarter ending June 30 on July 14,2008, 15 days late; 

For the quarter ending December 3 1 on January 23,2009,23 days 

late. 

G. The NIGC received untimely quarterly statements and fee payments for the 

Tulalip Bingo as follows: 

For the quarter ending June 30 on July 14,2008, 15 days late; 

For the quarter ending December 31 on January 23,2009,23 days 

late 

H. Filing untimely quarterly statements and fee payments is a violation of NIGC 

regulations. 

6. Measures Required to Correct the Violation 

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

statements and fees, improved controls to ensure timely submission of future quarterly 

statements iind fees should be put in place. 
7. Appeal 

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

to the fuII 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 (10) 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 waives 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 fine against Respondent 

in an amount not to exceed $25,000 per violation per day. Under 25 C.F.R. 8 575.5(a), 

Respondent may submit written information about the violation to the Chairman within 

fifteen (1 5) days after service of this notice of violation (or such longer period as the 

Chairman may grant for good cause). The Chairman shall consider my information 

submitted in determining the facts surrounding the violation and the amount of the civil 

fine, if any. 

-, 

Dated this ,'$--:f Ma5*, 2009 

Chairman 

HEATHER L. M~MILLAN 

Staff Attorney 
Certificate of Service 

I certify that this Notice of VioIation was sent by facsimile transmission and certified 

U.S. mail, return receipt requested, on this 4fh day of March, 2009 to: