SETTLEMENT AGREEMENT 

SA-08-06 

INTRODUCTION 

This Sertlemcn t Agreement (Agreement) is entered into by and between the 

Cheyenne and Arapaho Tribes (Tribes). a federa11 y recognized Indian tribe, and tI~s 

Chairman ofthe National Indian Gaming Commission (NIGC), relating to the matter 

contained in the NFGC Chairman's Notice of VioIation No. NOV-08-06. 

RECITALS 

1. Whereas, on May 22. 2008, the Chairman issued Notice of Violation No. NOV08-06 for the Trihes' failure to submit license appIications. background 

i nvestigatinns. and eligibility determinations Tor key employees and primary 

management officials and for employing key ernployces and primary management 

officials for more than 90 days without a license. 

7. Whcrcas the Chairman and the Tribes desire to achieve an amicable resolution of 

Niotjce of Violation No. NOV-08-06. 

3. Therefore. the CIlaiman and the Tribes have agreed to execute this Agreement 

and perform in accordance with the following covenants and conditions: 

TERMS OF SETTLEMENT 

4. This Agcemenz is entered into pursuant to 25 C.F.R. 8 575.6(b) and shall he 

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

(Effecti~re Date). 

5. The Tribes akgee that they were required to submit to the NlGC license 

applications. background investigations. and eligibility determinations for key 

e~nployccs and primary management officials. 

6. The Tribes agree that they were required to issue licenses for any key employees 

or primary management officials within 90 days of hire. 
7. The Tribes agree that they failed to submit license applications. background 

investigations, and eligibility determinations for 142 key employees and primary 

management officials. 

8. The Trihes agree that they employed 1 42 key employees and primary 

manngerncnt officials without a gaming license for more than 90 days. 

9. The Tribes agree that the failure to submit license applicaticms. backgound 

invcstisations, and elihbility determinations is a violation of the Indian Gaming 

Regulatory Act, 25 U.S.C. 270 I ct seq. (IGRA), NJGC regulations. and the 

Tribes' gaming ordinance. 

10. The Tribes represent that prior to the issuance of the NOV, the Tribal 

Administration became aware of potential employee licensing problems. The 

Tribes took corrective action including appointing three new Commissioners in 

January 2008. The cumnt Gaming Commission took action regarding the 

Commission personnel and consultants involved with licensing for the 

Cornmissinn in order to correct the licensing problems. The current Gaming 

Commission is moving to correct the licensing violations for those employees 

who are the subject of the NOV and comply with terms of this Agreement. 

11. The Tribes agree to pay a fine of fifty-five thousand dollars (S55,000). Tzilenryseven thousand five hundred dollars (527,500) of the fine will be paid within 30 

days nf the effective date of this A~eement. The remaining twenty-seven 

thousand five hundred dollars (S27.500) will be suspended pending the 

submission of fingerprint cards. the completion of background investigations. the 

detemination of suitability of individuals to work in a gaming operation. and the 

licmsure of all key employees and primary management officials sub-iiect to 

NOV-08-06. Thc first twenty-five (35) of these submissions must be received, 

and the licensing co~l-tpleted, within 30 days of the effective date of this 

agrce~nent. The remaining submission must be received. and the licensing 

completed. within 135 days of the effective date of this agreement. The Tribes 

also agrce to continue submitting status reports notifying the NIGC, in fiftecn (1 5) 

day intcnals. of thc measure taken to correct the violation. 

12. The NIGC CIlairrnan will forgive the suspended twenty-seven thousand five 

hundred dollars (S27,500) if, after conducting a site visit after the submissions and 

licensing due date set forth in paragraph 1 1 have passed, NIGC staff can confirm 

that the licensing files for all key employees and primary management officials 

that are the subject of NOV-08-06 have been properly completed. Howcver, if the 

revicar performed by NlGC staff reveals that the licensing process for all key 

employees and primary management officials sub-iect to NOV-08-06 were not 

cornpletcd by the submission and licensing due date set forth in parapaph 1 1, thc 

remaining tu7enty-seven thousand five hundred dollars (527.500) will become 

due. In this event. the NlGC will provide notice to the Tribes that the site visit 

revealed incomplete licensing files fos any key employee or primary management 
official that was subject to WOV-08-06. Such notice wilt identify ~vhich files 

remain out of compliance and the manner in which the file is deficient. Payment 

of the remaining twenty-seven thousand five hundred dollars ($27.500) wjll he 

due within thirty (30) days of such notice. 

12. The Chairman agrees upon execution of this Agreement to waive the right to 

impose further civil finc against the Tribes for NOV-08-06. unless the Tribes fail 

to comply with this agreement. If the Tribes fail to comply with this Agreement. 

the Chairman reserves the right to issue a temporary closure ordcr against the 

Tribes as outlined in 25 C.F.R. 3 573.6. 

14. The Tribes agree upon execution of this Agreement to waive the right to further 

rcvicnf nf matters addressed in this Ayeemcnt, including ail rights to appeal to 

the full Cornmission as set fosth in 25 C.F.R. Part 577, and judicial rcview 

pursuant to 25 U.S.C. 8 2714. 

1 5. Suhseqrient to the parties' acceptance of this Azreernent. the ci1.i l fine assessment 

set fort11 herein will bcmmc a Final Assessment Order of the Commission. 

ADDITIONAL COVElrl'ANTS 

1 6. This Agrecmcnt constitutes the entire ageement bewccn the NFGC Cl~aiman 

and the Tribe relating to the enforcement matter set forth in Notice of Violation 

No. NOV-05-06. Any modification or waiver of any term of this Agreement must 

be in writing and signed by both parties. 

17. The Tribes stipulate that this Agreement shall be deemed to be the subject of a 

final order of the NTGC undcr 25 C.F.R. # 575.4(~)(1$ and a ha1 agency action 

pursuant to 25 C.F.R. 9 577.9(d). 

18. The NIGC Chairman and Trihes expressly agree and acknowledge that time is of 

the cssence in this Ap-ccrnent. The recitaIs herein shall be binding upon thc 

parties. their agents. heirs. personal representatives. successors and assiys. 

19. The parties agree that upon the Effective Date, the Apeement shall be a public 

doculnenr and rnay be puhl ished or disclosed by either party. 

20. This As~eernent may be executed on one or more counterparts and each shall 

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

an original signature and shall be effective and binding for purpose of the 

Apcem en t . 

The Cheyenne and Arapaho Trihes National Indian Gaming Commission 
L, Gamin3 Commission 

Date: --/u - /