National Indian Gaming Commission 

SE'T'TLEMENT AGREEMENT 

------__--il-- 

SA-09-0 1 -- . -, , , , .,z 

INTRODUCTION 

This Settlelncllt Agreement ("Agreement") is entered illto by and between the 

Alturas Raucheria Altuiras Ii~dim~ Kancheria, a federally-recognized Indian tribe 

("Tribe"), and the Chairman of the National Indian Gatniilg Com~llission ("NIGC 

Chaiman"), relating to the matter contained in the NICC Chairman's Notice of Violation 

NO. NOV-09-0109-01, 

RECITALS 

I. Whereas, the Indian Gaming Regulatory Act ("IGRA") authorizes the NIGC 

Chairmall to issue civil fines for violations of tlxe IGRA, National Indian Gaming 

Cotlllnission ("NIGC") regulations, or tribal regulations, ordinances, or 

resolutions approved by the NIGC Cliainx~an under 25 U.S.C. $9 27 10,27 12, 25 

U.S.C. 9 2713(a)(l). 

2. Whercas, under NIGC reg~ilations, 25 C.F.R. 3; 573.3(a), the NIGC Chairman may 

issue a Notice of Violrition ("NOV") to any person for violations of any provision 

of the IGRA, NIGC regulations, or any provisior~ of a tribal ganling ordjnance or 

resolution approved by the Chs' irnzan. 

3. Whereas, on January 27,2009, the NIGC Chainlian issued NOV-09-01 09-01 for 

the Tribe's failure to submit a timely quarterly statei~lent and fees for the first 

quarter quarter ending March 3 1 of calci~dar year 2008. 

4. WIlel-eas, the NIGC Chairman and the Tribe desire to achieve at1 amicable 

resolution of Notice of Violatioil No. NOV-09-0109-01. 

5. Therefore, the Chainnan and the Tribe have agreed to exccute this Agreetnent and 

perfonn in nccor.dnncc with the following tens and conditions: 

TERMS QF SETTLEMENT 

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

effective upon the date that it is signed by the last party to sign this Agreement 

("Effective Date"). 
8. The Tribe agrces that it submitted the qua]-terly fees due March 31,2008 for the 

first quarter of calendar year 2008 to the NIGC in an untimely fashion. 

9. 'I'hc Tribe agrees that the failure to submit quarterly statements and fees for its 

gaming operatio:~(s) in a timely fashion is a violation of MGC rc,oulations. 

10. Tlie Tribe agrees to pay a civil fine of two thousand dollars ($2,000.00), made 

payable to the U.S. Treasury and delivered to the NIGC. One thousarid dollars 

($1,000.00) of tlic fine sllall be due within thirty (30) days after the Effective Date 

of this Agreement. 

1 I. The ~-e~~lait~ing one thousand dollars ($1,000.00) will be suspended pending the 

Tribe submitting its first quarter quarterly statelllent a11d fee payrnerlt by March 

3 1,2000. If the quarterly statenlents and fee payments are not submitted, the 

ainount of one thousand dollars ($1,000.00) will become payable April 30,2009. 

12. By entering this Agreement, the NIGC Cllainnan agrees to waive his right to 

impose any additiot~al civil fine or a closure order against the Tribe for the matters 

addressed in NOV-09-0 1, provided that if the Tribe fails to comply with this 

Agseemcnt, the NIGC Chairnlan may issue a pl-oposed civil fine to resolve the 

Tl-ibe's violation and/or breach of this Agseement. 

13. Tlie Tribe agrees ulpon execution of this Agreement to waive the right to further 

review of ~natters addressed in this Agreement, including all rights to appeal to 

the ftill Colnmission as set forth in 25 C.F.R. Part 577 and judicial review 

pursuant to 25 U.S.C. $2714. 

ALIDZ'I'IONAL COVENANT'S 

14. ?'his Agreemcllt constitutes the entire agreement between the NIGC Chainllan 

and the Tribe relating to the enforcemer-tt matter set fort11 at the beginning of this 

Agreement. Any nlodificatioll or waiver of any tern1 of this Agreement must be 

in writing and signed by both parties. 

15. The Tribe agrees that this Agreement shall be deemed to be the subject of a final 

order of the Conltllission under 25 C.F.R. $ 575.4(c)(1) and a final agency action 

purstiant to 25 C.F.R. $ 577.9(d). 

16. The NIGC Chainan and the Tribe expressly agree and ack~lowledge that time is 

of the essence in this Agreement. The recitals herein shall be bir~ding upon the 

parties, tlleir agents, heirs, persotla1 representatives, successors and assigns. 

17. T1.1e parties agt-ec that after the Effective Date, this Agreenlent shall be a public 

doculllent and may be published or discIosod by either pa-ty. 
17. 'The pal-tics agree that after the Effective Date, this Agreement shall be a public 

document and may be published or disclosed by either party. 

IS. This Agreement may be executed on one or more counteq>arts and each shall 

constitute ail original. A signature produced by facsimile shall be deemed to be 

ture aid shall be effective and binding for purpose of the 

/ 

ALTURAS INDIAN KANCHERlA