May. 26. 2005 3: 24PM No.3416 P. 2 

SETTLEMENT AGREEMENT 

INTRODUCTION 

This Settlement Agreement ("Agreement") is entered into by 

the Bad River Band of Lake Superior Tribe of Chippews Indians, a federally-recognized 

'Indian tribe ("Tribe7') and Philip N. Hogen, the Chairman of the National Wan Gaming 

Commission (''c%ahmm") relating to the matters contained in Notice of Violation No. 

NOV-05-07. 

RECITALS 

Whmas, the Trite has cmdwtcd gaming on Indian lands at a f=ility namcd Bad 

River Casino in Odanah, Wisconsin sinoe December, 1 99 1 ; 

Whereas, the Chainnan and the Tribe desire to reeolve issues related to Notice of 

Violation No. NOV-05-07. 

Therdore, the Chairman and the Tribe have agreed to execute this Agreement and 

perform in accordance with the following covenants and conditions: 

TERMS OF SETTLEMENT 

1. This Agreement is entered into pursuanr u, 25 C.F.R. 4 575.6 (3) and shall be 

cffidivt upcm the signaturt of all parties. 

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2. The Tribe agree8 that it was required to submit a timely quarterly statement and 

fee payment for the Bad River Casino for the quarter ending December 3 1,2004. 

3. The Tribe agrees that it submitted the quarterly statement and fee payment for 

Bad River Casino for the quarter ending December 31,2004, to the NIGC in an 

untimely Man. 

4. The Tribe acknowledges that .the failure to submit quarterly statements and fee 

payments in a timely fashion is a violation oENlGC regulations. 

5. Thc Tribe agrees to pay a fie in the amount of Five Hundred ($500). Two 

Hundred Fifty dollars ($250) of thc fix will be paid on or before August 30, 

2005. Thc rcmabhg Two Hundred Fifty dollars ($250) will bc suspcndcd 

pending the timely submission of the quarterly statement and fee payment for the 

quarter ending June 30,2005. Upon timely submission of the quatmly statement 

and fee payment for the Bad River Casino for the quarter ending June 30,2005, 

the Chaimmn Will fmgive the suspended Two Hundred Fifty doIlar ($250) fine. If 

the Tribe Ms to submit the Bad River Casino quarterly statement and fee 

payment by June 30,2005, the remainQ Two Hundred Fifty dollars ($250) of 

the Ane will be paid on or before Augusr 30.2005. 

6. Thc Chakman agrcts upon execution of this Agrccmcnt to waive the right to 

impost any Mcr civil finc fbr Notice of Violation No. NOV-05-07 against the 

Tribe, unless the Tni Gls to comply with this Agrccmcnt. If the Tribc Gls to 

comply with this Agreement, the Chairman reservea the right to initiate an 

enforcement action wainst the Bad River Casino as outlined rmch 25 C.F.R. 5 

573.6. 

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7. The Tribe agrees upon execution of this Agreement to waive its right, if any, to 

Mer review of Notice of Violation No. NOV-05-07, including all rights to 

appeal to the full Commission as outlined in 25 CPX. 5 577 st ssq. and judicial 

review pursuant to 25 U.S.C. 4 2714. 

8. Subsequent to the parties' acceptance of this Agreement, the civil fine assessment 

set forth herein will become a Final Assessment Order of the Commission 

ADDITIONAL COVENANTS 

1. This Agreement constitutes the en& agreemenr between rhe ChaInnan and the 

Tribe and supcrscdcs all prior verbal or written agreements and understandings 

bctwccn thc parties related to the subject mattcr hcmof. No warranties, 

representations, oovenants, or agreements shdl be binding upon any party except 

as set forth herein. Any modification or waiver of any tam of this Agreement, 

including the modification or waiver of term, must be in writing and signed by 

both parties. 

2. The Tribe stipulates that the Notice of Violation shall be deemed a final order of 

the Commission and a fmal agency action pursuant to 25 C.F.R. S 577.9(d). 

3. The Chairman and rhe Tribe expressly agree and acknowledge that rime is of the 

esscnce in this Agreement The recitals hcrcin and above sct shall be binding 

upon thc parties, thcir age, heirs, pod x.cprtstntativts, successors and 

assigns. 

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4. A signature produced by facsimile shall be deemed to be an original signature and 

shall be effective and binding for purpose of 

/ 

Bad River Band of Lake Superior National hdi 

Tribe of Chippewa Indians 

By: 

Do oore 1 / By: 

Phili 

&u& . Hogen 

Tribal Chairman cha& 

frL~Y 

Date 

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Date 

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