National Indian Gaming Commission

SETTLEMENT AGREEMENT
SA-09-06

INTRODUCTION

This Settlement Agreement (Agreement) is entered into by and between the
Tonkawa indian Tribe (Tribe or Tribes), a federally. ognized indian tibe, and'the
Chairman of the National Indien Gaming Comiaission Cheiemen), relating to. the
matter contained in the NIGC Chairtaan's Notice of Violation No. NOV-09-05A,

RECITALS

1. Whereas, the Indien Gaming Regulatory Act (IGRA) authorizes the NIGC
Chairman to issue civil fines for violations of the IGRA, National Indian Gaming
Commission (NIGC) regulations, or tribal regulations, ordinances, or resalutions
approved by the NIGC Chairman under 25 USC. §§ 2710, 2712, 25 U.S.C. §
27L3aX1.

2, Whereas, under the regulations of the NIGC, 25-C.E.R. §573.a). the NIGC
Chnirman may issue a Notice of Violation (NOV) to any person for violations of
any. provision of the GRA, NIGC regulations. or any provision of a tital gaming

3, Whereas, on Pebruary 18, 2009, the NIGC Chairman issued NOV-G9-06A for the
Tribe's failure to submit imely quarterly statements for the Tonkawa Indian
Casinio for the quarters ending March 31, June 30, and September 30 of calendar
year 2008, the failure to submit timely quarterly fee payments for the Tonkawa
Indian Casino for the quarters ending June 30 and September 30 of calendar year
2008, and finally for the untimely submission of the quarterly statement and fee
payment for the Native Lights Casino for the quarter ending September 30 of
calendar year 2008.

4. Whereas. the NIGC Chainnan and the Tribe desire to achieve an amicable
resolution of Notice of Violation No. NOV-09-06A,

S.. Therefore, the Chairman and the Tribe have agreed to execute this Agreement and
perform i accordance with the following covenants and conditions:

TERMS OF SETTLEMENT
"oe


6 This Agreement is entered inte pursuant te 25 CER. §575.6(b) and shalt be
effective upon the date chat it is signed by the last party to sign this Agreement
(Effective Date).

7. The Tribe agrees that it was required to submit titvely quatterly statements and
fee payments to the NIGC for Tonkawa Indian Cesino and Native Lights Casino

8. The Tribe agrees that it submitted untimely quarterly statements and fee payments
for Tonkawa Indian Casino and Native Lights Casino for the calender year 2008
to the NIGC in an untimely fashion as noted sbove.

9. ‘The Tribe agrees thar the failure to subsnit quarterly statements and feos for its
gaming operation(s) in e timely fashion is « violation of NIGC: regulations.

10. The Tribe agrees to pay a civil fine of thirty four thousand dollars ($34,000),
made payable to the U.S. Treasury and delivered tothe NIGC. Seventeen
thousand dollars ($17,000) af the fine shail be due within thirty (30) days after the
Effective Date of this Agreeinent,

1. The remaining seventeen thousand dollats ($17,000) will be suspended pending
the following:

& The Tribe will ensure thet the quareecly statements and requisite fee
payments for the quarters ending Decamber 31, 2005, September 30,
2006. and December 31, 2006. are received by the NIGC within thirty (30)
days after the Effective Date of this agreement.

b The Tribe will submit all quarterly statements and fees duc for the quarter
ending March 31 of Calendar Year 2009 so that they are received by the
NIGC no later than March 31, 2009.

If any one quarterly statement or fee is not submitted in a timely manner or
within the time provided above. seventeen thousand dollars (517.000) will
beconte payable 30 days after the delinquent quarterly statement or fee was due.
If all quarterly statements and the requisite fee payments listed above are received
by the noted due dates, seventeen thousand dollars ($17,000) of the fine will be
forgiven.

12. By entering this Agreement, the NIGC Chairman agrees to waive his right to
impose any additional civil fine or a closure order against the Tribe for the matters
addressed in NOV-09-06A, provided that if the Tribe fails to comply with this
Agreement, the NIGC Chairman may issue e proposed civil fine to resolve the
Tribe's violation and/or breach of this Agreement.


15, The Tribe agrees upon execution of this Agretment to waive the right w further
review © matters addressed in this Agreement, including ali rights to appeal to
the full Commission as set forth in 25 C.F.R. Part $77 and judicial review
pursuant to 25 U8.0.§ 2714.

ADDITIONAL COVENANTS

14. This Agreement constitutes the entire agreement between the NIGC Chairman
and the Tribe relating to the enforcement mater set forth at the beginning of this
Agreement, Any modification or waiver of any term-of this Agrosment must be
in writing and signed by both parties.

15. The Tribe agtess that this Agreement shall be-deemed to be the subject of « final
order of the NIGC under 25 CER. § 575.4(6(1) and a final agency action
pursuant to 25 C.F.R. § $77.9¢d).

16. The NIGC Chairman and the Tribe expressly agree and acknowletige that time i
of the essence in this Agreement. The recitals herein shail be binding upon the
parties, their agents, heirs, personal: a} representatives, successors ahd assigns.

17. The parties agree that after the Effective Date, this Agreement shall bee public
document and may be published or disclosed by either party.

18. This Agreement ma be-executed on onc or more counterparts and each shall
sre id by facsimile shall be deemed to be
for purpose of the

constitute an original. A sign proxi
an original signature and shall be e
Agreement.

roxduced by fa

Tonkawa Indian Tribe