INTRODUCTION 

This Settlement Apecmmt {Agreement) is entered into by and between the 

Nooksack Tndian Tribe (Tribe), a federally-recognixed Indian tribe, with tribal headquartets 

in Deming, Washington and the Chairman of the National Indian Gammg Commission 

(NIGT, Chairman), relating to the matter contained in the NIGC Chiman's Notice of 

ITiolatioa No. NOV-08-12. 

RECITALS 

I. Whems, the Indian Gaming Regulatory Act (IGRA) authorizes the NIC'JC: 

Chairmm to issue civil fines for Iriolations of &c IGRA, NICX re.guhtiaos, or 

ttibal regulations, ohances, nr resolutions approved hp the NIGC Chairman 

under 25 U.S.C. s5 2710 or 2712. See 25 U.S.C. 5 2713(a)0. 

3* Whereas, under NICTC replation 25 C.F.R $573.3(a}, the Chainman mav issue a 

Notice of Violation (NOIT to any person for violations of anv pro4siou of thc 

IGTtil, NIGC regulations, or any pmvision of a mbal gaming ordinarlce or 

resolution approved by the Chairman. 

3. Whereas, on lulp 25,2008, the NIGC CWn issued NOV-08-12 for the 

Tribe's failure to submit an independent audit report mithin 120 days after the end 

of the fiscal year for the Nooksack fiver Casino, in Deming, ~ashhgton. 

4. tYhereas, the Chairman and the Tribe desire ta achieve an amicable resolution of 

NOV-08-12 and in recopition of thc remedial efforts of rhe Tribe to prevent any future 

late audit. 

5. Therefore, the Chairman and the Tribe have agreed to execute hs Agreement and 

perform in accordance with the followiug covenants and conditions: 

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TERMS OF SETTLEMEW 

6. This Agreement is entered into pursuant to 25 C.F.R. 5 575.6 (b) and shall be 

effectif-f-e upon the &te hat it is signed by the last party to sign this A%g-reernmt. 

7. 'fie 'Sribe agrees that it was required to submit a timely audit report to the NIGC 

for the Nooksack River Casino for the hscal pear which ended December 31,2003. The 

audit report wis due to the NIGC an or before rZpd 29.2008. 

8. The Tribe agrees that it submitted the audit report for the Nooksack River Casino 

for the fiscal vear that ended December 31,2007, to the NIGC 60 days late. 

9. 'J3e %be agrees that the failure to submit an annual independent audit report for 

its pmmg operation in a timelv fashion is a violation of TGRA, NIGC replations and tl~c 

'Tribe's gamq ordinance. 

10. The Tribe agrccs to pay a civil fine of he thousand doIliirs (S5,000), made 

parable to the U.S. Trcasuq and deliverdl to the NICK as follows: two thousmd he 

hundred! dollars of thc fine (32,500) shall be due within thrty (30) davs after thc Effective 

Date of this agreement, and the remaining fine of two thousand fivehundred ($2,500) 

dollars will be suspended pending the Tribe's compliance with the %g of he annual audit 

required bv the NIGC fot the fiscal year en- Dccernbcr 31,2008. If the Tribe meets the 

deadline fir Elkg the annual audit for 2008, the NlGC Chairnun d forgive the suspended 

~FVO thousand five hundred ($2,500) dollax fine. If the Tribe fads to submit the annual audit 

for 2008 on a timely basis, the remaining tmo thousand he hundted (S2,500) dollars of the 

fine will become due thirtp (30) days from the missed deadline. 

1 I. The audit report submission will be considered timely if received on or hefore April 

29, 2009. 

12, Rv mteting this r'greemmt, the NGC Chiman agrees to waive his right to 

impose any additional civil he or a closure order awst the Tribe for the matrers 

addressed in NOV-08-12, unless the Tribe fails to comply with this 14grecment. 

1 3. If the Tribc fads to complv with this ~Igreement, the NIGC Chainma resems thc 

right to issue additional &.il fines, and /or a closure order to resolve 

the Tribe" initial violation and/or breach of this Agreement. 

14. ?'he Tribe agrees upon execution of this Agreement to waive the qht to further 

review of matters addresses in thrs stgreernent includq alI rights to appd to the full 

Commission, as set foah in 25 C.F.R. Part 577 and iudid review pursuant to 25 U.S.C. 5 

271 4. 

ADDITIONAL c0VENms 

16. Thrs Agreement constitutes the entire agreement between the NTGC Chairmm 

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and the Trihc relating tn the cnforcemcnt mattes set forth in NOV OR1 2. hp 

modification or mai'17er of anv term of this ~'ipment must be in writing xnd 

signed by both parties. 

14. The Tdl~e agrees that this Agreement shall be deemed to he the subject of a 

£inal order of the NIGC under 25 C,F.R $ 575,4(c)(1) and a ha! pcv action 

pursuant to 25 C.F.R. 577.9(6). 

15. The NIGC Chairman and the Tribe expresslv agree and acknowledge that time is 

of the essence in this itgreement. The recitals herein shall be binding upon he 

parties, their agents, heirs, personal representatbes, successors and assigns. 

16. 'fie parties agree that after the Effectbe Datc, this Agreement shd be a public 

document and mav be published or &sclosed by either pam. 

17. *P'his iILqeemat may be executd on one or more counteqmts and esch shall 

constitute an oqinal. ,% signatme prod~~ced byfacsdc shall be deemed to be 

an original signature md shall be effective and bkdmg fur purpose of the 

;lgreemcnt. 

National In 

,/ 

Date: Date: 

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