~ational Jnbtan fiaming Commission 

SJ<:TTLEMENT AGREEMENT 

This Settlement Agl'cemcnt ("Agreement'') is entered into by and between the Chai1man 

of the National Indian Gaming Commission ("'NIGC Chairman"); and the Nisquatly 

Indian Tri he, a federally-recognized Indian tribe ("Nisqually Tribe" or "Tri he"). This 

Agreement resolves alt of the issues identified in a warning notice dated May 1. 2007. 

from the NJGC Region I Director to lhe Nisqually Tribe (Exh. A). 

I. 

RECITALS 

The Nisquully Tribe own.sand operates a gaming facility known as the Red Wind 

CC1sino ("the Casino") in the State of Washington. 

[n a warning notice dated May l, 2007 (Exh. A), the NJGC Region I Director 

identified three issues of concem: 

A. The first is.-.ue cunccmecl the degrt!e of control over the Casino being 

exercised by the Nisqually Tribal Council and individual members Lhereot: 

together with the fact that the Tribe did not license its Tribal Council 

ml!mbcrs as primary monogcmcnt officials pursuant to the Indian Gaming 

Regulatory Act ("IGRA") and NIGC regulations. Sec IGRA, 25 lJ.S.C. 

§ 27JO(b)(2)(F); 25 C.F.R. Parts 556, 558. 

B. The second issue concerned sporting and entenainment tickels purchased by 

the Casino as an operating expense. hut which were being used in a manner 

that did not advance the goal of generating gaming operation revenue. 

C. The third issue concerned lhc fact that certain members of the Nisquuliy 

Tribal Council received, frec·of-charge, cu..,lom·ordert!djackets from the 

Casino, which treated the charges as an operating expense even though the 

expense was not incum.!d lo generate sales. 

J. The NIGC Chairman and the Nisqually Tribe wish to enter this Agreement in 

order lO preserve their longstanding rclalionshjps: avoid the expen.~e. Lime and 

risk a.s~oci;ited wilh u formal enforcement action; ancJ achieve an amicublt: 

resolution of all of the issues raised in the NIGC Region Director· s t~ttcr dated 

May 1 ~ 2007. t E: :Q ~ l l :~ iV '- .1: 

h v•" 

I\ • I 1 I 

.l_...,._ -· 
4. N(iw, thi!rcf(irc. the NJGC Chairman and the Nisqually Trihc have agreed lo enter 

into this Agreement and perform in accord::111cc with Lhe following terms. 

Tl«:RMS OF SF.TTLEMl(NT 

5. ·n1is Agreement shalt be effective on the di:itc that il is signed by the la.'il party to 

sign the Agrecml!nt ("Effective Date"). This Agreement shall continue in force 

after the Hfoctivc Date for as long as the Nisqu111ly Tri he conduct:; lndi;.m 

gaming, nr until this l\grecmenl is terminated or amended by written agreement, 

signed by both parties. 

6. The Trihc admits that members of its Tribal Council have not been subject Lo 

background investigations and have not been licensed hy the Trihal Gaming 

Commission as primary management officials of the Casino. See 25 C.F.R. Parts 

556. 558. The Tribe admits that prior to the Trihc's receipt of the May I. 2007. 

NIUC warning notice, its Trihal Council gave direction and final approval ror 

Casino polici~s such as budget, personnel, marketing. travel. security and jack.pot 

winner policies. and made or approved specific decisions such as which games 

were offered at the Casino and whether the Casino would entt:r into certain 

contra(;ts wilh vendors and sporting venues. The Tribe und~rstam1s and 

acknowledges the NJGC's position that rhe members of n tribal body Lhat 

exercises such conu·ol over a gaming, operation are primary management officials, 

and must be subjected to background investigations and licensed pursuant to 25 

U.S.C. § 2710(b)(f); 25 C.F.R. Parts 556. 558. 

A. The Tribe agrees that it will correct this violation by establishing an 

independent enterprise board to develop operating policies and oversee 

management decisions for the Casino. Each member of the enterprise 

board shall be suhjcct to a background investigation and shall he licensed 

hy the Nisqually Tribal Gaming Commission pursuant lo the NIGC's 

regulations and the Tribe's approved tribal gaming ordinance. 

B. llpon the Etfoctivc Date of this Agreement, and only w1til the enterprise 

hoard nus hccn established. the Nisqually Tribal Council"s authority over 

Casim' operations shall he limited to Ille following: (I) General Manager 

hiring and firing: (:2) check signing; and (3 j emergency situations. Until 

the enterprise board is est::iblished, all other op<!rational decisions shall be 

mude by the appropriate Casino management personnel. 

C. Within sixty (60) days after lht: Effective Date. 1hc:: Trihe shall estahllsh 

Lhl: enterprise board referenced in subparagraph A of thi.s paragraph. The 

'l'ribc 8hall deliver a copy of the documenL-; <.:stablisbing anti governing the 

cntcrpri:o;~ board to the: NIGC immediately aficr the documents havt: bt!cn 

finalized. The Tri he shall follow NIGC regulations with regard to 

licc11sing the members of the cntcrpris<.: hoard. including the procedures 

and dcudlincs for forwarding each upplicalion anti inv1:stigati vc report to 

2 
the NIGC. Sec 2S C.l·.R. § 558J. As with other primary management 

of!icials. rm:mbcrs or the enterprise ho11rd rnily bcgi n their scrvi cc ~cl'ort' 

they reecivc a trihal gaming license. hut the Tribc must forward Lo the 

NIOC ils investigative rcpo1t for each m~mbcr of' the bourd within sixty 

(60) days after the member begins lo serve on the hourJ. and no board 

mcmhcr may continue to serve on lhl: hourd irthc hoard mcmht:r lws 11<ll 

hccn granted a license within ninety (90) days a{lcr beginning his nr her 

send cc. 

7. Th~ Tri he admits that prior lo the Tribe's receipt or the May I. 20()7. N J(IC 

warning notice. the Cnsino pi1rchased <md distributt:d spm1ing and entertainment 

tickets in a n1:.mner that wm; not limitcLl to the purpo!:c of generating Casino 

revenue. The Tribe admits that according to gcncrully-acccptcd accounting 

principles ("<3AAJ>''), the cos! or tickets thal were nol purchased lo generate 

C'asinn revenue should not have hccn recorded as an opcratin~ expense of the 

Casino. 

A. The Tribe represents that after receipt of the May L 2007 .. N JGC warning 

notice, the Casino adopted an inll:rim action plan (l~xh. B) to address the 

Casino's distrihution of' sporting.. and enl~rlainment Lickets pending ihe 

development of a final ticket policy. The Tribe represents that since 

adoption of this action plan on May 23. 2007, the Casino has ceuscd 

distributing sporting and entenainment Lickcts lo Tribal Council members. 

The Ttibe agrees that it shall conlinuc to operate under this action plan 

until a final ticket policy is adopted. 

B. The Tribe mukes the following representations and covenants rc~mrd ng 

the Casino's pun.:ha:;c of a Surer Al1wl travel puckage for the Trihe's 

IC.inner Chairman, as notctl in the NJGC's warning notice. The Tribe 

1~present!'I that it conducted an indcpcmlcnl audit and dctennincd that the 

former Chuillllun used, without Tribal Council authori;r.ation, Red Wind 

Cnsi110 funds in the amounts of $4,798.00 to pay for a Super Bowl trnvcl 

pa<.:kagc; $4,962.00 for August 2005 personal travel expenses; and 

$4.861.02 in duplicate per diem stipends. The Tri he represents tliat on 

May 24. 2007. it scm u letter to the former Chairman demanding 

repayment of the unauthorized personal charges totaling $14.621.02. On 

August 7. 200?, the Tri.hal Council authorized the Olfo.;c or the Tribal 

A1torncy to commem:e legal proccct.lings in thi.; Nisqually Tribal Court Lo 

wllcct that amount from the former Chairman. The Tribe covenants and 

agrees that it shull make good-faith efforts lo pursue:: this acti<>n in tribal 

rnurl and recover the misappropriated Casino !'um.ls. 

C. The Tribe agrees to com:cl this underlying violation by- adopting and 

l.-nforcing <1 ticket use rolicy lhat will limit tid:eL~ purchased with Casino 

funds to those uses that generate Casino revenue. lhis ticket policy and 

any amendments thereto will he approved by thl' Nis<1ually Tribal C.iaming 

C:<iminission and the NlliC prior to fina l adoption. The Tribe agr<?.c:s Ihm 

3 
on an annual hasis. it shttll require the Casino·s indcpt!n<.knt auditor to 

review compliance with rhi:; ticket policy and include a statement in the 

Casino's annual indcpcndcnl au<lit report regarding the uuditor's finding:;. 

K. The Tribe admits thut in 2006. liw or its seven Tribal Council mcmhcrs accept~'.<l 

free Pend I chm jackets from the former General Manager o I' the Casino. which 

were purchusc<l hy the Casino as an operating expense. The Tri he admits that 

such charges were not propcrl y incurred as m1 npcrnti ng ex pcnsc of the ( 'asino, 

because the jackds were nol connected lo a Casino markr.!ting promotion. The 

Tribe ugrccs that it will no longer allow the Casino to give away jackets or any 

other items thnt are not associated with a legitinrnt.c business purpose to generate 

Casino rc:venuc. In addilion. the Tribe agrees thnt each of' the five Tribal Council 

members who acccplcd a juckct wi II rcim hurs1:: the Cusino for the cost ()f each 

jacket. Such reimbursement will take place witliin sixty (60) <lays aflcr the 

Effoctivc Daw or this Agreement. The Tribe shall notily the NIOC alh:r all sud1 

rcimhur;;cmcnts have been mnde. 

<>. By entering this Agreement, the NJGC Chairm:m agrees to waiw his right to issue 

a notice of' violation. impose civil fines. or issue! a closure order regarding any 

issue in this Agreement. as Jong as the Tl'ihc complies with the terms of this 

Agreement. The Trine agrees that if the Trihi.: foils to comply with the terms of 

this Agreement. the NIGC Chairman retains the authority us provided by law to 

pursue one or more enforcement actions regarding the issues covered in this 

Agreement. The Nisqually Tribt: acknowledges and agrees that tltt• NICiC' 

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

A~!recmcnl. and docs not preclude or otherwise affect any other ~nforccment 

actions tha1 the NlGC Chail'man may pursue regarding any other enforccrm:nt 

mutter under tile NIGCs jurisdiction. 

I 0. The Tribe agreei; that the NJGC has the authority to monitor and inspect the 

Tribe's activitiei.: for the purpo~c of verifying the Tribe's compliance with the 

krm~ of this Agreement and IGRA's restrictions on the use of class 11 and Ill 

gaming revenue, and the Tribe agrel:!s to provide under this Agr~cmen1 any 

<locumems that the N IGC Chairman or his dcsigncc may request that are 

rcusonaoly relevant to such ohligations and restrictions. The Tribe stipulates that 

the v.ithholding or uny such documents rdcrcm;cd in the preceding scnti:ncc 

cons1i1u1cs .i breach ol'th.is Agreement. anti relieves the NICiC Chairman of the 

waiver in Paragraph 9. thus subjecting the Trihc to the exercise of the NIGC 

Chairman's cnforccmcnl authority as provided hy luw with respect tu the i~sucs 

<.:<lVi.!rcd in this A~rcement 

ADl>JTIONAL COVENANTS 

11. This Agreement is the entire agreement. and supersedes all prior vcrha[ or writt~n 

agn;cmcms and undcrst:.mdings hctwcen th{~ parli~s rdatc<l to the subjr.:ct muller 

hcrc;{if. No warranties. rcprcscnt~llions. covenants. or ugrec111t:nls sluill he bind in~ 

4 
12. 

IJ. 

14. 

15. 

I 

I 

upon any party except as set forth herein. Any amendments to this Agreement 

must be in writing and signed by both parties. 

The Nisqually Tribe stipulates that this Agreement shalt be deemed lo be the 

:subject ofa final orderof th<: NJOC under 25 C.f.R. § 575.4(c)(I ), and agrees to 

waive any right to appeal the tenns of this Agreement. 

The parties expressly agree and acknowledge Lhat time is of the essence in this 

Agreement. This Agreement !:;hall be binding on the parties, their agents. heirs. 

representatives. suc~essors and assigns. 

The parties agree that after the Effoctivc Date. this Agreement shall be a public 

document and may be pul>lished or disclosed by either party. 

This Agreement may be executed in one or more counterparts and each shall 

HI. A signature produced by facsimile shall be deemed to be 

re and shall be effective and binding for the purposes of this 

SIGNATURES 

Cy

· 

n 

ually 

uu lyall

Indian 

, Chairfi~ Tribe 

Dated: ~l '"1. ( D \ Dated: 0...-~r 0 . - r ~~--'--~~~ 

5 
Exhibit A 
Mny I. 2tJ07 

Cynthia lyull 

Chnirpcrson 

Nisquully lnlliun Tribe 

4820 Shc-Niih-Num Rd. SE 

Olympin. WA 98S 13 

RE: Wnrning Notice 

Dear Chaiq>ctson ly<1ll: 

As you know. Regio11 I of lhe National Indian Gaming Commission (NIUC) conducted 

site visit investigations at the Red Wind Casino in September 2006 and Jam1ru·y 2007. As 

'' result of those investigations, we have identified three issues that the Nisc1uully Indian 

Tribe (the Tribe) anu the NCGC must resolve. The purpose of •his letter is to give the 

Tribe an cxplnnntion of these issues nncl p1-ovidc an opponunity to resolve the issues 

through settlement agreement rather than an enforcement action. 

Issue #I: ~·ilihu·c to License Primary Management Officials 

We arc concerned· that a pervasive issue facing the Tribe is the degree of control 

exercised by the Tl'ibnl Council over l11e Casino, together with the fact that the members 

of the Tribal Council have not been backgrounded and licensed by cite Nisqunlly Tribal 

Gaming Commission as Primary Management Oflicials (PMOs). See IGRA, 25 U.S.C. 

§ 27 IO(b)(2)(F); 25 C.F.R. Parts 556 &. 558. 

We arc aware that at\er the former Chairman's tenn expired, the Tl'ibal Council ndopt~d 

legislation titled ''Open Meetinss and Conduct of Olfaials" and nl:io instructed the 

Casi11o's General Manager that no individual Tribal Council member may direct, order or 

tJtherwisc inl1uence any Cnsino employee. However, iL <tppears lhnt Tribal Council 

members continue ro exercise control over Casino mnnagemcnt, presumably because the 

Tribal Council has the authority lo hire and fire Casino management, ns well ns sct the 

sulnries for those positions. Moreovel', the Tribal Council as a whole gives direction und 

final nppl'oval regarding casino policies such as budget, personnel> marketing, travel, 

security nn<I jackpot winner pnymcnt policies. 11s well as specific dccisio11s such as which 

gumcs ure offered at the Cnsino nnd whether to enter certnin contracts with Casiuo 

vcndo1s ruid :1porting venues. Therefore, we arc concerned thnl th~ Nisqually Tribal 

Couucil may be exercising the type of mimugctncnt dccisiol\li thnt would mak1: each 

Co1111dl member a Casino PMO and thereby requfre a gaming license in accordance with 

iGRA, NlOC regl1lations and lhc Tribe's approved tribal gaming ordinonce. · 

The Trihe can resolve this issue by ngreeing eit11er to license in; Tribal Council members 

or lo crcnlc a liccn:>t:d btlard of directors to handle these types ~) f 111nm1gcmcnl decisions. 
Issue #2: Tickets to Sporting and En1ertainmc11t l•:veuts 

rrnm llw infomrnlion we have reviewed. there seems lo be a contim1ing problem at the 

Trihc regarding the propel' use of SJ)(Wting and cnt~rtainmcr.ll tickets purchased br the 

C;rsin~) ns an opcrnting expense. This is an issue or concern to the NICiC hccnuse under 

IORA and the NKiC's r<.:gul11tions. lribes mny use gaming net r·cvcnucs only in 

acconl:mce with certain p1·escribcd uses. 25 U.S.C. § 2710(b)(2j(13); 25 C.F.R. 

§ 522.4(b)(2). Th~ term "net revenues" is defined as "gross gaming rcwnues of an 

Indian gaming operation less··- (a) Amounts paid out as, or paid for, prizes: and (b) To!al 

gaming-r:..:h1tcd opcrnting expenses, excluding management foes." 25 C.F.R. § 502.16. 

Because NIGC rcgul:llions do not currently contain n definition of lht! term "operating 

expenses," tribes must tis~ the term as defined by Generally Accepted Accounting 

Pl'inciplcs (''GAAP"). Accol'ding to GAAi': 1 

Opcn\ting expenses arc primary recurring costs associated with central 

operations (other than cost of goods sold) that arc incurred in order to 

gcnernw i;alcs. Operating expenses nre nom1ally rcpm·tcd in the following 

two cnteg~wies: 

a. Selling expenses 

b. General and administrative expenses 

Sclli11g cxpcuscs arc those expenses directly related to the COIUJ)<'llly's 

efforts to generate sales (e.g., sales sal:irics, commissions, 11dvertising, 

clcliwry expenses, depreciation of store furniture and et1uipment, and store 

supplies). General and ndmin.istrntivc expenses are expenses !'elated to the 

general administration of the company's operntions (e.g., officers and 

office salmies, office ~upplies. depreciation of office furniture and 

lhturcs. telephone. postage, accnunting and legal services, and business 

licenses an<.I tees). 

Therefore. Indian gaming opemlions may tl'eat their purchase of tickets as an oμcrn1ional 

expense only if the tickefs are used to generate s:iles (i.e., gaming operntion revenue). 

01hcrwisc. the purchase is not an operntional expense, and the value of the tickets must 

he recorded as a distribution of net revenues 10 lhc Tribe. ff the Casino records the value 

a:; n distribution to the Tribe, then the Tribe mus! ensure that the Tribe· s u::;c of the tickets 

is allowed under the lndian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2710(b)(2)(B). 

Whether chc ticket:'! are trcnted as an opcrati11g expense of the Casino or as a distl'ibutiou 

10 the Tribe, we recommend that the Tribe consult '' tnx advisor to ensure tha1 ii is 

comrlying wich federal tax reporting requirements, and that the individuals who receive 

such tickets <ire uware of their own tetl~ml tax obligations. 

In the fall <>f 2006, the NIGC informed the Tribe that the former Trib11l Chninnan' s use or 

Casino limds lo purch:ise a Super Bowl lrip package for his own pcrsonol me did no[ 

qualit)' as an allownhle use of gmning revenue under lGRA. [n January 2007, the Trib~· 

responded with a letter stating that lhe Tribe was actively uddrcssing the issue by 

1 Wjhw GM.£..1!)05: hl!Crorc.ta.t.iru1 and Apruiql!iQn of.(~y_~g,:c ptcd At:c(>1m!lng ~ri11(inJc.5, Bari')'.!. Epstein. frvi11 L. 

Black, Ralph Nach ami Patrick R. Dclnncy, at 72-H (2005). 

2 
dcmrniding rcimbmscmc11L of U1c $4, 798 cxpo11sc from the former Chuirma11. To <late, we 

have 11 0 1 hccn informc<l nr 1'Cccived documentation confinni11g that the b~ has received 

suc:h 1·cimburscmcnt or initiated a legal prnceeding for nonpayment. 

During our January 2007 site visil, it came to our attc1llion that umkr lhc Tribul Coundl's 

dircctio11, the C;isino rcgulnrly gives sporling and cntcrtninincnl tickets lo Tribal Council 

mc111b0rs, Most of thcsl.! tickets arc pmehuscd by lhi.: Cllsino and distriblltctl in 

accordn11cc with n written ticket policy adopted by the Tribal Council> but tickets to Lh~ 

Seattle S~uhawks playoff game were distributed to in<lividual Tdbal Council members 

outside of that written pol icy. Fronuhe N!GC pcrspcctj,ve, th~. central i~~L _ js whether 

c,:ach ticket lrilll•lilClion serves a )1;gi_timntc bu;;i11c~s purpose of the Casino by directly or 

In~ n.:~ ly gcncrnling 1·cvenuc. These home-game ticket tmnsactions Arc not distinguished 

from the Super Bowl packuge disc\lsscd above simply because thct'c is no out-oi'-slnlc 

travel i11v(Jlvcd. Nor is the issue re~olvcd simply by authorizing the ticket trunsnctions 

under a wriuc·n policy. While a good written policy may certainly hdp mnintain 

compliance with !GR.A, the policy must not authorize ticket transactions that ure used for 

any purpose other than co generate sales. 

The Tribe can resolve this issue by ensming that the Casino limits the use of spo11ing amt 

entertainment tickets purch!lsed by the Casino to those uses thnt generate cnsi110 reveimc. 

Issue #3: Pendleton Juckets 

In btc 2006, after an inquiry from the Nisqunlly Tribal Collncil, the Cnsino's Genernl 

Manager inslructed Casino gift shop personnel tu ~ive, free-of-chnrse, one Pendleton 

jacket to l.!ach member of the Tribal Co\lncil. According to our under.standing, five of the 

seven Tribal Council members accepted snch jackets from the Cnsino, whi.ch wcl'e 

special-ordered at l\ total \;OSt to lhe Casino of$1,329.80. This trammccion wa~ treated as 

an opcrnting expense of the Casino, but it appears that the expense was not incuncd in 

order to generate sciles. See discussion under Issue #2, above, 

The Tribe can resolve this issue by ensuring rhat the Cnsino is reimbursed by lhe subject 

Trihal Council members. 

Out· Office of GcncrnJ Counsel will contact your legol counsel to disct1ss whether Lhcse 

issues nmy be resolved through settlement agreement. In the meantime, if you have nny 

questions, you may contact me at (503) 126-:5009. 

Sine~ . 

~7 -~ R..J. it,o;I 

Rcgiomtl Director 

cc: Lomu Kulama, Nisquol\y Tribal Gaming Commission Chair 

Fabio Apolito, Nisqunlly Tribal Altomey 

Lance Vn!lo, NIOC Acting Dirnctor of Enforcement 

Jeffrey Nelson. NIGC Staff Attorney 
Exhibit B 
........ _...,.. _ ..... • -""'• 4V 

INO • 1281~ Yelm lllibway. Oll'ttl\)ja.. Wmbinrton 98Sl.3. r'.\. lM-412-SOOO. Fa 360..&ll-&2 

May23, 2CD7 

On the date of May 10, 2007, the Cash\o received not:im by the Chainnan of the N:isqually Tribal Coundl 

Cynthia lyall, that an NICG letter pertaining to Casino Operatf.on had been rec$.ved. Upm fl!View of thf:· 

letter, lt w;.is detenrdned that itrurl.ecliate action is nece$Sary by ceasing all ticlcel.<: issued spE'd.ftally ro Tribe· 

Cound.l. 

On the d~te of May lS, 2007, durini the Casino r~Ort to Tribal Caandl,, all cou (c:il membe!"S wue infarme1: 

t.Mt the Suite Tidet program has bee!' suspe'llded. pending Tribal CwndI final :l~cttve wlth Tribal Gami:nr 

Commission co-ncurrence an nsponse to the NICG letter of 1ecommendations am! correc:t.tve ~cttcm to follow. 

On -the dah~ of May 17. 2007~ the Casino Marketing Oi!patf:Dusnt was ~ormd that TribAf Council tick . 

aUoca.t:i.on was no longer a part Of promotional allocations and should not &e aBS4 :dated with any drawingl ai 

allocation liS'ts that are submitted fol' approval by the Markettng Oe:ptltbnmt. 

Upon fu.rlhtt review .. 1hoae ttclcets that an drawn far tribal member entrie.s.- and amplayalil racognitlai. 

purposes h.we also been rtM?valuated.. 

On thAt datb! of May 17, 2007, it was detemtlned that further d.mwinga lot Tril:uu )l:·ll'Lhers wexo alto I.rt questfo: 

and ht th~ cumo waald hsve to tab the neciesury c1'ips: tc cmsure that cmly .Trfl: ll Mambat'r who an gamizy 

patl:'aN W<.•uld be eligible U fhe cuino do. conti:nii11 thi• type of dnwfil.s. Seco1· lly, cbawb'gs for l!u\plcye1 

tlclto'c9 ware ~~eel with h Employtte Lccgnitian Coll'l#tlttn mcl Mckot.· 8· They wl!l"e requeob:c:l b 

estb:no.to • 1•oat on the suite ti.cklats that mt awru:d10td ID G'm.ployaa.s md proparly axpenae tb,"t aa'lawt.t to i!ir 

'6mployee N.eco.S"fl:ion account. · 

On the date 0£ May 21, ~. Cairi!to Management d~~ed to 8Uspend t:i\e En· !)loy-eit T'Jd:et Drewixlga w 

Tribal Mcnber DN.w.inp \ll1til it cm be re--evaluatecl C\d redesigned imo the Mi\r ~ Strab!gy. 1'h,U, will bt. 

in ef:fut until further not:ia a£teT w~ get a fulltime, pen:nment Gen~ .Maruiga- cm bc'lmd. 

Imm~te clcbn;mixudiCI\ is t'ket: no ti~ will be issued to TriiNt1CcNndl,that1.ll 'l"rih1 Mm'lbcr: drawingi 

will be chartged to CN\U:'C that they mm tlw requtremmtll to~ determined as r ~arkettng pi1rposea, and t:f\l! 

any fwthcx 'B!nploycc Rc:og:nition alloc:atiarl:t 1-' expert- pr<1petly. 

eni~od Jun•l2-Qf IG:QQ Fra111-HOl!H8BQ To-ffational lndlac !ialal Paaa DQ3 
SETTLEMENT AGREEMENT 

AMENDMENT 

The certain Settlement Agreement entered into and effective on August 17. 2007, by and 

between the Chairman of the National Indian Gaming Commission and the Nisqually 

Indian Tribe, a federatly-rccogn~ed tribe, is hereby amended as follows·: 

Subparagraph 6(C) of the Settlement Agreement is deleted and replaced with the 

following language; 

C. Within one hundred fifty (150) days after the Effective Date, the Tribe 

shall establish. the cntcrprjsc board referenced in ~mbparagraph A of this 

paragraph. The Tribe shall send three letter-reports to the NIGC which 

will describe the Tn'be's progress toward establishing the entetprise board, 

which shall be due to the NIGC on the first business day of November. 

2007, December 2007, a.nd January, 2008, respectively. The Tribe shall 

deliver a copy of the.documents establishing and goverrung the enterpri~e 

board to the NIGC iltlmediarely after the documents have been finalized. 

The Tribe shall follow NIGC regulations with regard to licensing the 

members of the enterprise boa.td, including the procedures and deadlines 

for forwarding each a.pplication and investigative report to the NIGC. See 

25 C.F .R. § 55&.3. A.s with other primary management officials, members 

of the enterprise board may begin their service before they receive a tribal 

gaming license, but the Tribe must forward to the NIGC its investigative 

report for each member of the board within sixty (60) days after the 

members begins to seive on the board, and no board member may 

continue to serve on the board if the board member has not been granted a 

license within ninety (90) days after beginning bis or her service. 

AH other aspects of the Settlement Agreement shall remain in effect. 

This Amendment m xecuted in e>ne or mote COWlterparts and each shall constitute 

an originaL gnature ~ oduoed by facsimile shall be deemed to be an origjnaJ. 

signa.tUTe d shall be e cti ve an.d bi.11di11g for purposes of this Amendment. 

SIGNATURES 

C thia I , Chail:pe.t"Son 

Indian Tribe 

Dated; \ (~ f 6 t Dated: _._._I I _-...._5 t '---_.-:;l)_1--