SETTLEMENT AGREEMENT 

This Settlement Agreement (*'Ageement") is entered into by and between the Chairman 

of the National Indian Gaming Commission ("NIGC Chairman"), and thc Crow Trihc of 

Indians, a fcdcrall y-recognized Indian tribe ("Crow Tribe" or "Tribe"). Compliance with 

this Agreement will resolvc two en forcement matters at the Crow Tribe's gaming facility: 

1 ) thc N lGC Chairman's concerns regarding Environment, Public Health and Safety 

("EPHS") issues as expressed in a letter from the NlGC Cllairman to tlic Trihc. dated 

Fcbntary 2,2007 (Exh. A); and 2) the Crow Tribe's failure to submit a timely audit rcport 

to the NIGC for fiscal ycar 2006. 

RECITALS 

1. T11e Crow Tribe owns and operates a gaming facility known as the Lilllc Big 

Horn Casino ("tl~e Casino" or "the existing facility") on the Crow Indian 

Reservation within the State of Montana. 

2. The Indian Gaming Regulatory Act ('"CRAW) rcquires tribal gaming ordinances 

to provide that thc construction and maintenance sf subject gaming facilibies, and 

tlze operaliotl of gaming therein, be conducted in a manner which adcquatcly 

protects the environment, public health and safety. 25 U.S.C. 5 271 0(b)(2)(E), 

(d)(t)(A)(ii); SPC III~CO 25 C.F.R. $4 522.4(b)(7), 522.6(b); 67 Fed, Rcg. 461 09 

(MGC Intcrprctivc Rulc). 

3. In a lcttcr dated February 2,2007 (Exh. A), the NIGC Chairman identified several 

EPHS ~oncerns relating to fire protection at the Little Big Horn Casino, and set 

forth a scri es of action items to be resolved under four succcssivc deadlines En 

order to forcstalI tllc issuance of a notice of violation and closure order. 

4. By the time the Crow Tribe rcccivcd the NJGC Chairman's letter, the Tribe had 

already completed a number of the NIGC's pubic safety action items, and the 

Tribe agreed to work toward completing the others. Subsequently, the NIGC 

confirmed that the Tribe complied with every action item under the first dcadlinc 

in the NIGC Chajrrnan's lcttcr; the Tribe compIctcd scveral of the action items in 

the sccond group before the original deadline; and thc Tribe complctcd several 

other action items in the second group after receiving a short extension. More 

specifically, hy March 16, 2007, the Crow Trihc had completed the following 

corrective incasures at the Casino: 

The Tribe installed battcry-aperatcd smoke detectors throughout the Casino in 

areas wl~cre tobacco smoke would not cause false alams; 
The Tribe took several steps to ensure that all exit doors would rcmain 

unlocked during business hours, including posting signs and briefing 

employees as to this requirement; 

m The Tribe repaired an exit door that previously did not open easily; 

The Tribe removed a malf~~nctjoning dcadbolt on an exit door; 

Thc Tribc installed appropriate covcrs on all junction boxes, electrical 

switcl~cs, outlets and breaker panels; 

Thc Tribc confirmed which fire response service has rcsponsibilily to rcspond 

to a fire emergency at the Casino; 

The Tribe posted fire and other emergency phone numbers in key locations at 

the Casino, and briefed all employees regarding where the emergency phone 

numbers are posted; 

The Tribc notified the appropriate fire response service about one reporte~lly 

inoperable fire hydrant near the Casino and marked the hydrant as inoperable; 

The Tribe developed a written emergency plan for the Casino, including 

evacuation procedures and procedures for contacting emergency services; 

The Tribe practiced its written emergency plan for the Casino, including an 

employee/patron evacuation drill and fire extinguisher training for employees; 

and 

* The Tribe repaired holes in the Casino's walls and ceiling that could have 

accelerated the spread of a fire. 

5. As to the other action items in the NTGC Chairman's letter, the Tribe took 

prcllrninnry steps toward repairing the Casino's fire alarm and installjng a fire 

suppression system tlvoughout the Casino. However, after analyzing the 

projected costs for such a repair and retrofit, the Tribe decided that it would rather 

put such fi~nds toward construction of a new facility that includes a fire 

suppression and alarm system. 

G. Another compliance issuc arose with the Crow Tribe during the same time period 

jn which the Tribe was responding to the NIGC's EPHS concerns. Pursuant lo 

IGRA and NlGC regulations, each tribe that conducts gaming under IGRA must 

engage an independent certified public accountant to provide an annual audit of 

the financial statements of each gaming operation, 25 U.S .C. jj 27 10@)(2)(6); 25 

C.F.R. $ 57 1 .I 2, and must submit to the NIGC a copy of the audit report(s) and 

management letter(s) setting fort11 the results of each annual audit within 120 days 

after the end of each gaming operation's fiscal year, 25 C.F.R. 4 57 1.1 3. Because 

the fiscal year for the Crow Tribe's Casino ads on December 3 1, the deadline for 

stlbmission of the Tribe's 2006 audit report to the NIGC was April 30, 2007. The 

Crow Tribc failed to meet this audit rcport deadline. 
7. Thc NICC Clnaiman and the Crow Tribe wish to enter this Agreement in order to 

avoid the expense, time and risk associated with a formal enforcement action and 

achieve an amicable resolution of the EPHS and audit report issues. 

8. Now, thcreforc, the NIGC Chainnan and the Crow Tribe haw agccd to cnter into 

Illis Agreement md perform in accorrlance with the following tcrms. 

TERMS OF SETTLEMENT 

9. This Agrcemcnt shall be effective on the date that it is signed by the last pariy to 

cnter the Agreement ("Effective Date"). The parties expressly agree and 

acknowledge that time is of the essence in this Agreement. 

10. Thc Crow Tribe agecs that it shall maintain the completed corrcctivc measures 

idci~tificd in Paragraph 4 of this Agrccmcnt for as long as the existing facility 

remains open for gaming operations. 

1 1. The Crow Tribe agrees that it shall permanently cease all gaming operations at the 

existing facility on or before the date that is eighteen {I 8) months after the 

Erfcctive Date of this Agreement. Notwitl~standing the preceding scnlcncc, if tt~c 

Tribe provides notice to thc NIGC within five (5) months afler the Effective Date 

of this Agreement, it may choose instead to install an adequate fire alarm and fire 

suppression system, tested and certified by a reputable fire suppression 

engineering company, in the existing facility. Such installation, testing and 

certification n~ust bc applmovcd by thc NIGC, and must take place within eighteen 

(1 8) monlhs after the Effective Datc of this Agreement. 

The Crow Tribe agrees that it shall provide, for consultation purposes, a drafl 

building code and a draft fire code to the NIGC within thirty (30) days aficr the 

Effcctivc Datc of this Agreement. At a minimum, onc or bath of these codes will 

rcquirc an adequate fire suppression and alarm system in all new gaming facilities 

constnicted within the Crow Tribe's jurisdiction. The Crow Tribe Office of 

Executive Counsel shall consider and respond to comments received from the 

NIGC, and shall present proposed building and firc codes to the Crow Tribal 

Legislature for governmental action during thc first Tribal Legislative session 

thereafter. If not enacted during that Tribal Legislative session, the Tribal 

Legislature shall be presented with revised, proposed building and fire codes for 

its consideration at each successive Tribal Legislative session until building and 

fire codes for gaming facilities on the Crow Reservation are enacted. The Tribe 

shall provide copies of enacted building and firc codcs to NIGC within five (5) 

days after such codes become effective pursuant to Crow Tribal laws. 

13. The Tribe agrees that any and all gaming facilities constructed within the Tsibc's 

jurisdiction aftcs the Effective Dale of this Agreement, whether temporary or 

pcrmancnt, slnall comply with thc Tribe's building and firc codcs and shall 

incorporic an adcquate fire suppressior~ and alarm system througl~aut each 
facility. If the Tribc has not enacted a building code or a fire codc by the time 

that the Tribe breaks ground for any new gaming facility, then the Tribe agrees 

that it shall construct such gaming facility according to the International Building 

Codc, 2006 Edition, and the National Firc Protection Association (NFPA) 1 : 

Uniform Firc Code. The Tribc agrces that any rcpairs, additions, or remodcling of 

the existing hcility shall conform to the Intcmational Building Code, 2006 

Edition, and the NPPA 1 : Uniform Fire Code, unless and until tl~c Trihe has 

adopted its own building and fire codes, which will then apply. The Tribe f~trthcr 

agrees that thc Trihe shall not open any new gaming Sacili ty until the firc 

suppression and alarm system 1-las been tested and certified by a reputable fire 

suppression engineering company. The Tribe shall provide: a ten (10) day prior 

notice to the NlGC of the applicable certification date; an opportunity for NIGC 

staff to attend the certification test; and a copy of all certification reports. 

14. The Tri'bc agrecs that, pursuant to IGRA and NIGC regulations, it was rcquircd to 

submit a fiscal year 2006 annual audit report of its gaming operation no later than 

April 30,2007. The Tibe further agrees that it did not submit its fiscal year 2006 

audit report by that date, and admits that the falluse to submit an annual audit 

report in a timely fashion is a violation of TGRA and NTGC regulations. Thc 

Tribe agrees that is shall submit its fiscal year 2006 annual audit report 10 the 

NIGC by October 15, 2007, and agrees that it shall submit all of its Suture an11uaI 

audit reports to the NIGC by the applicable deacllines established by IGRA and 

the NIGC regulations. In order to ensure such compliancc, thc Tribc represents 

that it 11as adoptcd policics and procedures that require dirncly fillcd annuaI audits 

(Ex11 B). The Tribe also represents that it has provided the NlGC with a copy of 

its currei~t contract with an independent certified public accounting fim and that 

the Tribe intends to use this firm's services for future annual audits, with the 

undcrstandi~zg that such intent is not binding on thc Tribc and that the contract is 

subject to amendment or tcmination. In addition, the Tribc agrecs to pay a civil 

fine of five tholrsand dollars ($5,000) for this violation. Two thousatid five 

hundred dollars ($2,500) of the fine shall be suspended pending the Tribe's 

compliance with its audit report deadlines for the 2007 and 2008 fiscal years. 

One thousand dollars ($1,000) of the fine shall be made payable to the U.S. 

Tscasury and shall be delivered to the NIGC within ten (10) days aficr Ihc 

Effective Date of this Agreement. One thousand five hundred ($1,500) of the line 

shall be paid from the Casino to the Crow Tribal Gaming Commission, and shall 

be used for tribal regulatory compliance and/or enforcement activity. The Tribe 

shall deliver documentation to the NIGC demonstrating that the Casino has paid 

the tribal portion of thc fine to i11e Crow Tribal Gaming Commission within ten 

(I 0) days after the Effective Date of this Agreement. Tf the Tribe meets its audit 

report deadlines for the 2007 and 2008 fiscal years, the NIGC Chairman shall 

waive the suspended two thousand five hundred dollars ($2,500) fine. If the Tribe 

fails to submit cithcr report within the applicable deadline, thc Tribc shall pay one 

thousand dollars ($1,000) of the fine to the NIGC and onc thousand five hundred 

dollars ($1,500) ofthe fine to the Crow Tribal Gaming Commission within thirty 

(30) days from the deadline missed. 
15. By cntcring this Agreement, the NIGC Chairman apes to waive his right to issue 

a notice of violation, impose civil fines, or issue a closure order regarding the 

issues covered in this Agreement, as long as: (a) the Tribe complies with the 

tcms of this Agrcerncnt; and (b) there is no material adverse cliange in thc EPI-IS 

conditions at the existing Casino. The Tribc agrces that if the Tribe fails to 

comply with the material terms of this Agreement, including its obligation to 

cease gaming in the existing facility by the deadlinc in Paragrap11 1 1 of this 

Agreement, then !SIC Chainnan may enforce this Apeemcnt and scck injunctive 

sclicf against thc Tribe in Fcdcral court or through administrative order, and the 

Tribc waives its rig111 to appeaI or otherwise challenge any such action. Thc Tribe 

also agrees that if the existing facility suffers from a material adverse change in 

EPHS conditions, then the N IGC Chairman retains the authority as provided by 

law to pursue one or more en forcement actions to address the deteriorated EPHS 

conditions. Furthennorc, thc Crow Tribc acknowledges and agrces that the NTGC 

Chairman's waiver in this paragraph covers only those issues covered under this 

Agreement, and does not preclude or othenvise affect any other enforcement 

actions that the NTGC Chairman may pursue regarding any other enforcement 

matter under the NIGC's jurisdiction, including ncw EPHS concerns that may 

arise or conlc to thc NIGC's attention. 

16. The Tribe agrees that the NIGC has the authority to monitor and inspect the 

Tribe's activities for the purpose of verifying the Tribe's compliance with the 

terms of this Agrcerncnt, and the Tribe agrees to providc under this Agreement 

any documents that the NIGC Chairman or his designee may request that are 

reasonably relevant to the Tribe's obligations under this Agreement. The Tribe 

stipulates that the withholding of any such documents referenced in the preceding 

sentence constitutes a breach of this Agreement, and relieves the NTGC Chairman 

of the waiver in the preceding paragrapl~, thus subjecting tl~c Trihc to thc exercise 

ofthe NIGC Chairman's enforcement authority as provided by law with respect to 

the issues covered in this Agreement. 

ADDITIONAI, COVENANTS 

F 7. This Agreement is the entire agreement, and supersedes all prior verbal or written 

agreements and understandings between the parties related to Ehe subject matter 

hereof. No warranties, representations, covenants, or agreements shall be binding 

upen any party except as set forth herein. Any amendments to this Agrecrncnt 

must be in writing and signed by both parties. 

18. The Tribe stipulates that this Agreement shall be deemed to be the subject of a 

final order ofthe NTGC under 25 C.F.R. 55 575.4(c)(l) and 577.1 5, and agrees to 

waive any right to appcal the terms of this Agreement. 

19. This Agreement shall be binding on the parties, their agents, heirs, 

representatives, successors and assigns. 
211. 7'hc pnl.lim sgrcc that nficr Ihc Effcclivc Date, this Agrocment sllnll he a pulrlic 

documcn! and may bc pub tishcd or disclosclF by citl~cr- party. 

exccnlcd in ot~e or rtlorc cout~trqtarts arid cacll slinll 

signatt~rc produced by hcsii~iilc shall be rlcancd fa be 

shall bc eireclivc lincl bindirig for thc puiposcs ardlis 

SIGNATURES / 

Carl E. Vcnr~c, C'hi~imi:~n 
Exhibit A 
The Honorable Carl Vmne 

Chairman 

Crow Trik oflndians 

P.O. Box 159 

Crow Agency, MT 59022 

RE: Rre md Emergency Preparedness at ];We Big Horn Casino 

Dear Chairman Venne: 

As I am fllre you are aware, the National Indian Garning Commission (NTCC) is extremely 

conoemed with the state of fire and emergency preparedness at the Little Big Horn Casino. Ifthe 

Crow Tnie does not take immediate cored~e action, I am prepared to issue a notice of violation 

and closure order. 

This is not a new concern, and the MGC has given the Tribe ample opportunity to take its om 

corsective actions. Under the Indian Gaming Regulatory Act (IGM), the MGC may initiate an 

enforcement action where atribe fails to cmt mditions that create imminent jqardy to 

public safety. MGC Interpretive Rule, 67 Fed. Reg. 461 09 (July 12,2002). 

On November 14,2005, the NlGC Region IV Office sent a letter to the Crow Gaming 

Commission noting that the Little Big kIom Casino does not havc an opmlional ik alarm 

system, sprinkler system, srnokedheat detectors, wan evacuation plan, and that the fire hydrant 

near the Casino is reportedly iuopcrabte. On December 12,2005, the NEGC Regon IV Office 

sent mother letter to the Crow Wing Commission, this time stating that in the Region Office's 

opinion, the problems mate imminent jeopardy to public sdq. 

In a letter dated December 16,2005, the Tribe" attorney jnformed the MGC that an evacuation 

plan ad mroutcs were posted jn the Casino, that the Bureau of Indian Affairs (J3J.A) had been 

notifid to repair the fire hydrant, and that the Tfibe intended to hire a reputable fire wqpmsion 

company to design an overall fire mppmsion safety *em for the Casino. We were told that 

the Tribe would provide the NTGC with copies of the plan and recommendations when they were 

made available, as we11 as on-going status reposts, But to date, the Tribe has not provided thc 

NIGC with these materials. 

On August 29,2006, the MGC Region Ofice conducted another site visit to the Casino. hing 

that visit, the NIGC learned that although emergency evacuation maps were posted, the Casino 

NATIONAL HEAWu4RTEfI5 1411 L 5t. NW, 5ulte 9100, Wash~ngon, DC 2MX15 TPI: 107 637 7003 FAX. 707 637 7066 W.NIGC.GOV 

REGIONAL OFFICES 'Panland. OR: Sacramento, CA: Phoen~x, AZ, St Paul, MN;Tulsa, OK 
did not have a witten evacuation plan. Furthmore, the alarm system was still inoperabIe, and 

the facility still lacked a sprinkler system. These on-going concerns were relayed again to the 

Crow Gaming Commission by letter dated September 27,2006, and a cormtive action plan was 

requested by October 16,2006. But to date, the Tnie has not provided the NIGC with a 

corrective action plan. 

In Scptmber 2006, and again in December 20045, there were two firs in the Casino kitchen. 

Given the lack of emergency prepadness, it was very forttmate that these fires did not result in 

complete loss of the structure or personal injnjwy. 

In order to help the NIGC cvaluate the level of mources available to protect the Little Big 

Horn Casino against fire and other life-threatening emergencies, the NlGC conhcted with 

FAST Training & Operations Group. On January 16,2007, the NIGC and Bill Johansen, 

FAST Training and Operatiam Group Program Manager, conduct& another site visit. FAST 

has now provided the NlGC with the enclosed Fire Protection & Life Safkty Evaluation (the 

FAST Report). 

The FAST Report identifies sevd serious probIems at the Lifftc Big Horn Casino. Among 

the problem identified in the report, I note the following: 

It appears that the Tribe has not adopt4 building or fie codes for wnshction, 

remodeling and maintenance of the Casino. 

Thcre are no clearplicies and procedures for facility permmet to follow during a fire 

emergency, and the facility has not conducted evacuation drills. 

There is significant confusion regarding whch fire and emergency responder@) have 

perrmssion or the responsibirity to respond to m emergency at the Casino. 

The fire aIm system still does not wd. 

Most of the faci6ty is still not protected by a fire suppression system. 

Somc cxit dm~ are locked during business hours. 

The exit door near the top ff car poker area was very difficult to open during the site 

visit and had a malfunctioning deadbolt. 

The fire hyht closest to the facility is still reported as being inoperable, hut is not 

clearly identified as inoperable. 

Thm are holes in thc facility's drywall that could cause rapid spread of h. 

Multiple junction boxes, witches, and outlets were missing cover plates, exposing live 

wires, and a Wer panel in the utility room was missing its cover. 

These are unacceptabIe fire risks that must be addressed. I urge you to review carefuIly 

the FAST Report for a full1 and detailed analysis of the problems. 

Based on the record as it exists today, I am prepared to find that the conditions at the 

Little Big Born Casino present imminent jeopardy to public safety. In order to forestall 

the issuance of a notice of violation and a closure order, the Tribe must provide the NIGC 

with documentation that it has completed a11 of the following actions by the following 

dates: 
By February 9,2007: 

As an interim protective measure, install battery-operated smoke detectors throughout 

the facility in areas where patrons or occupants are not continuously present and 

where cigarette smoke wiIl not cause false alarms; 

Keep all exit doors unlocked during business Inours; 

Notify all employees to keep all exit doors unlocked during business hours; 

Post signs at all exit doors stating that doors must remain unlocked during business 

hours; 

Repair the exit door in the poker room so that it opens easily; 

Remove the malfunctioning deadbolt on the exit door in the poker room; 

Install appropriate covers on all junction boxes, electrical switches, outlets and 

brcakcr panels; 

Post fne and other emergency phone numbers in key locations; and 

Brief all employees regarding where the fire emergency phone numbers are pasted. 

By March 2,2007: 

Provide documentation to the NIGC addressing which fm responder(s) have 

permission and/or responsibility to respond to a fire emergency at the Casino. In so 

doing, please pay particular attention to the concerns and recommendations expressed 

in the FAST report regarding the options available to the Tribe for providing 

emergency services at the Casino and surrounding community; 

Update the emergency phone number listings posted in the facility, if the information 

has changed; 

Providc documentation from the appropriate fire respondds) confirming that they 

will respond to fire emergencies at the Casino; 

Notify the appropriate fire responder(s) about the reportedly inoperable fire hydrant 

closest to thc facility; 

Repair the existing alarm system or replace it with a modern alarm system 

incorporating smoke and heat detectors; 

Develop written emergency plans, which must include procedum for evacuation and 

for contacting emergency services; 

Brief all employees on their responsibilities as identified within the emergency plan; 

Practice the emergency plan procedures, which must include an evacuation drill and 

fire extinguisher training; 

Document the time it takes to evacuate all occupants from the facility; 

Repair a11 ofthe drywalI holes in the facility's walls and ceiling; and 

Hire a reputable fire suppression company that will design, install, test and maintain a 

modem firc suppression and alarm system, incorporating smoke and heat detectors, to 

be completed by August 3,2007 (see beIow). 

By May 4,2007: 

Provide documentation to the NIGC that identifies the party responsible for 

maintaining the fire hydrants near the facility; 
Make a serious effort to have the responsible party conduct a water flow dysis for 

both of the fire hydrants near the facility, and if necessary, repair the reportedly 

inoperable fire hydrant closest to the facility. At the very least, any inoperable 

hydrant must be clearly marked as inoperable so that fire responders would not waste 

time in the event of a fire emergency; and 

Adopt a building code and a fire code that will apply to any future remodeling or 

expansion of the facility, and that includes operation and maintenance measures for 

cxisting areas of the facility. 

By August 3,2007: 

lnstdl a modem fire suppression and alarm system for the entire structure. Ensure 

that the Tribe's fire suppression company has tested and certified the system. 

'These don items are the minimum requirements to fbrestall an enfarcement action 

I encourage the Tribe to review all of the recommendations in the FAST Report and irrrpllement 

as many as possible. The NlCC stands ready to meet and discuss the issues with the Tribe 

md to provide technical assistance hm our staff and centnxtors. But ifthe Tribe does not 

meet the deadlines as set forth above, I am preparcd to bke formal enforcement action to 

ensure that the Casino's pahm and employees are not exposed to unacceptable risks. 

We have made arrangements for a conference call with the Tribe on Monday, February 5, at 

1 1 :00 am. Morn& he. We have reserved ture lines for the Tribe's use, which you may 

access by dialing 1-877-234-1 666 and then entering the access code 7316. 

If you havc any general questions, you may contact our Region IV Ofice at 605-728- 

5724. For questions of a technical nature, pIease contact our EPI-IS Program Manager, 

Brad Mehafly, at 202-632-7003. Legal questions may be directed to Staff Attorneys 

Jeffrey Nelson or Carrie Newton Lyons, aLo at 202-632-7003. 

CC: William Falls Dawn, Crow Tribe Gaming Commission Chairman 

Sam Painter, Esq. (via facsimile) 

Encl: Fire Protection & Life Safety Evaluation for the Little Big Horn Cmh6 
Exhibit B 
CROW TRIBAL GAING COMMISSION 

MEMORANDUM OF UNDERSTANDIIYG 

THIS mMORGNDUM OF UNDERSTANDING (MOU) is made by and between the 

Crow Tribal Gaming Commission (CTGC), Little Rig Horn Casino CbCasino"), and 

Apsanlookc Casino Enterprises, Inc. (ACE). 

WHIEREAS thc National Indian Gaming Commission (NIGC) has certain financial 

reporting requirements for tribal gaming facilities; and 

WHEREAS Little Big Horn Casino, a gaming facility operated by ACE, is subject to 

the reporting requirements of the National Indian Gaming Commission undcr applicable 

federal Iaws and regulations; and 

WHEREAS failure to comply with the NIGC reporting requirements may result in fines 

andlor closure of a gaming facility; and 

WHEREAS CTGC and ACE share a common goal of ensuring that the MGC reporting 

requirements are complied with in a timely fashion. 

NOW, THEREPORE, IT IS MUTUALLY AGREED BETWEEN THE: PARTFIB: 

1. An annual, independent audit is due to NIGC within one hundred and twenty 

(1 20) days of the close of Casino's accounting fiscal year. 

2. On or before the sixtieth caIendsr dny before the annual audit is due to NIGC, the 

Chairman of CTGC shall provide written notice to the Chairman of ACE and to . 

the General Manager of Little Big Horn Cmino and any other gaming facility 

operated by ACE of the due date for the annual audit. 

3. In order to correct errors andlor to make comment, ACE shalI take all steps 

necessary to ensure a preliminary audit report is received by CTGC no less than 

thirty (30) calendar days before such report is due to NIGC. 

4. ACE shall ensure that Casino has arranged to prepare a preliminary audit report 

no less thm sixty (GO) days before such report is due to NIGC. 

5. On or before the tenth day before the amal audit is due NIGC, ACE shall 

submit the final audit to NIGC by way of registered (return receipt requested) or 

ovei-night mail. ACE shall be responsible for generating, maintaining, and 

retaining any and all documents necessary to verify the annual audit was made, 

transmitted, and received by NIGC consistent with the terms of this Agreement. 
6. On or before the fifth day before the annual audit is due NIGC, ACE shall submit 

to CTGC written verification that the annual audit was submitied lo NIGC 

consistent with the terms of paragraph 2 (c) above. 

7. CTGC shall retain the authority to cite and fine Casino andlor ACE for failure to 

comply with the tms of this Agreement. Fines shall not exceed the sum of one 

thousand dollars ($1 000,00$ per day, per violation. 

'&d.~33 

Gilbert Bird In 0mun& &enera1 ~ar&ger - - Little Big Horn Casino