NATIONAL TNDIAN GAMING COMMI'SSXON 

NOTICE OF VIOLATION I 

TO: Bear River Band of the Rehnewille Rancheria 

Attn: Leonard Bowman, Chairpmon (Agent for S enrice of Process) 

27 Bear River Drive 

Loleta, CA 9555 1 

FAX: (707) 733-1 972 I 

Odell Shelton 

Bear River Gaming Agency 

27 Bear River Drive 

LoIeta, CA 9555 I 

FAX: (707) 733-94 1 6 

1. Notification of Violation I 

The Chairman of the National Indian Gaming Commission (NIGC) hereby gives 

notice that the Bear River Band ofthe Rohnerville Rancheria (Respondent or 

Tribe), located in Loleta, CA, has violated NlGC regulations by failing to submit 

a timely quarterly statement and fee payment for the quarter efiding March 3 1, 

2008. I 

2. Authority 

Under the Indian Gaming Regulatory Act (IGRA) and NIGC kgulations, the 

Chairman of the NIGC (Chairman) may issue a Notice of ~iolktion (NOV) to any 

person for violation of any provision of the IGM, NIGC regulations, or my 

provision of a tribal gaming ordinance or resolution approved by the Chairman. 

25 U.S.C. 5 2713: 25 C.F.R. 8 573.3. 

3. Applicable Federal Laws 

A. IGRA requires the NlGC to establish a schedule of fed to be paid to the 

Commission annuaIIy by each gaming operation that condt~cts a class PI or 

cIass 111 gaming activity. 25 U.S.C. 9 2717. 

B. NIGC regulations require that each gaming operation dndcr the 

jurisdiction of the Commission shaIl pay to the Commiksion annual fees as 

established by the Commission. 25 C.F.R. 9 514.l(a). I 
C. Each gaming operation subject to the jurisdiction of thk Conlmission and 

not exempt from paying fees pursuant to the self-regulhtion provisions 

shall file with the Commission a quarterly statement showing its 

assessable gross revenues for the previous calendar year. 25 C.F.R. 5 

5 14. I (c). 

D. The quarterly statements are due March 31, June 30, $kptember 30, and 

December 3 1 of each calendar year the gaming operatiion is subject to the 

jurisdiction of the NIGC. 25 C.F.R. tj 5 14.1(c)(2). Thd quarterly 

statements shall be transmitted to the Commission and amive no later than 

the due date. 25 C.F.R. 5 14.1 (c)(4). 

E. NIGC regulations require each gaming operation to r LA it to the 

Commission the fees due each quarter with the quarterly statement. 25 

C.F.R, 4 514.1(~)(5). I 

F. NIGC regulations define "gaming operation" as '"each economic entity 

that is licensed by a tribe, operates the games, receives the revenues, 

issues the prizes and pays the expenses." A gaming o b eration may be 

operated by a tribe directly; by a management contractor; or, under certain 

conditions, by another person or other entity. 25 C.F.R. $ 502.1 0. 

4. Role of Quarterly Fees and Quarterly Statcrnents 

The annual fees collected by the NTGC are necessary in order to fund the agency's 

oversight and regulation of Indian gaming and are based upon the quarterly 

statements submitted by Indian gaming operations. NlGC must set a fee rate 

sufficient to fund its annual budget, yet may not exceed the fee cap set by 

Congress. Thus, it is imperative that the NlGC receive quarletly statements from 

the gamin3 operations in a timely manner so that the NIGC is hble to set accurate 

prehinary and final fee rates. I 

5. Circumstances of the Violation 

8. The Tribe operated its gaming operation, Bear River Casino, during all of 

2007 and 2008. 

A. Respondent is a federally recognized Indian Tribe with 

in Loleta, California. 

C. The NIGC received an untimely quarterly statement anL fee payment for 

tho quarter ending March 3 1.2008 on May 6,2008,361days late. 

tribal headquarters 

D. This untirneIy submission is a violation of NIGC regulations. 
6. Measures Required to Comect the Violation 

While thcrc is no remedial action that can correct the untimel submission of 

quarterIy statements and fees, improved controls to ensuse timely 4 submission of 

future quarterly statements and fees should be put in place. 

7. Appeal 

Within thirty (30) days after service of this Notice of vio~atiod, Respondent may 

appeal to the full Commission under 25 C.F.R. Part 577 by submitting a notice of 

appeal, md, if desired, request for Ilearing to the National Indian Gaming 

Commission, 1441 L Sheet NW, Ninth Floor, Washington, DC 20005. 

Respondent has a right to assistance of counsel in such an appeal. A notice of 

appeal must reference this Notice of Violation. I 

8. Fine-Submission of Information 

Within ten (1 0) days aRer filing a notice of appeal, ~es~ondenh must filc with the 

Commission a supplemental statement that states with particulhrity the telicf 

desired and the grounds therefore and that includes, when available. supporting 

evidence in the form of affidavits. If Respondent wishes to prksent oral testimony 

or witnesses at the hearing, Respondent must include a request to do so with the 

supplemental statement. The request to present oral testimonj or witnesses must 

specify the names of proposed witnesses and the general natur k of their expected 

testimony, whether a closed hearing is requested and why. ~ekpondent may 

The violation cited above may result in the assessment of a ciJil fine against 

Respondent in an amount not to exceed $25,000 per violation ber day. Undm 25 

C.F.R. 6 575.5(a), Respondent may submit written information about the violation 

to the Chaiman within fifteen ( 1 5) days after service of this nhtice of violation 

(or such longer period as the Chaiman may grant for zood cadse). The Chairman 

shall consider any information submitted in determining the fa'cts surrounding the 

violation and the amount of the civil he, if my. 

waives its right to an oral hearing and instead elect to have the 

by d~e Commission solely on the basis of written submissions. 

9. Assessment of Interest 

matter determined 

Interest may be assessed at rates set by thc Secretary of ~reasuky on amounts 

remaining unpaid on their due date. 3 1 U.S.C. 8 371 7 and 25 G.F.R. 8 
Attorney 
Certificate of Service 

I certify that this Notice of Violation was sent to the foIlowing by facsimile transmission 

and certified U.S. mail, return receipt requested this* day of April, 2009 to: 

Leonard Bowman, Chairperson 

Bear River Band of the Rolmrville Rancheria 

27 Bear River Drive 

LoIeta, CA 95551 

FAX: (707) 733-1972 I 

Ode11 SheIton 

Bear River Gaming Agency 

27 Bear River Drive 

Loleta, CA 95551 

FAX: (707) 733-941 6 

I G/wz 

LJ r~rances Fragua 

(Bffice of ;he General Counsel 

National hdian Gaming Commission 

1442 L Street, NW - Suite9100 

Washington, D.C. 20005