National Indian Gaming Commission 

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Settlement Agreement 

S A-08-09 

Introduction 

This Scttlcrnent A~~csrnent ("Agreement") is entered into by and between the Abscntec 

SPlawnec Tribe ("'Tribc"), a federally rccogized Indian tribe, and the Chairman of fhc National 

Indian Gaming Commissio~~ ("NIGC"), relating to the matter contained in the NIGC Chaiman"~ 

Notice of Violation No. NOV-08-UO. 

Recitals 

Ct'hcrcas, on June 75,2008, the Chairman issued Notice of Violation KO. NOV-08-09 for 

the Tribc's failnrc to submit an independent annual audit report within 120 days aRcr the end of 

thc gaming operation's fiscal year. 

Whereas the Chainman and the Tribe desire to achieve an amicable rcsoIution of thc Notice 

of Violation KO. NOV-03-04. 

Therefore. thc Chaiman and the Nation havc agreed to execute this Agecrnent and 

pcrforn~ in accor&ancc with thc folIowing covrmants and conditions: 

Terms of Settlement 

I. This Agreement is cntcrcd into pursuant to 25 C.F.R. 5 575.5@) and shall be cfrective 

upon thc date [hat it is signed by thc last party to sign this Agreement ("Effective Date"). 

2. The Tribe agccs [hat it was required to submit a timely independent audit report to the 

NFGC for the Thundcrbird Entertainment Center for the fiscal year cnded December 3 I, 

2007. 

3. The Tribc agrees that it submitted the annual independent audit report for the Thunderbird 

Entertainment Ccnter for the fiscal year cnded December 3 1, 2007, in an rtntirnely manner. 

3. Thc Tribc agrees that the failure to submit an annuaI independent audit report for the 

Rundcrbird Entertainment Center is a violation or thc Indian Gaming Regulatory Act, 35 

U.S.C. $7310(b)(2)(c), and NIGC regulations. 25 C.F.R. $571.13. 

5. The Tribe agrees to pay a fine of sevcn thousand five hundred dollars (57,500.00). Thrce 
thousand seven hundred fifty dollars ($3,750.00) sl-rall be payable to the U.S. Treasury and 

delivered to the NIGC within thirty (30) days of the Effective Date of this AFemmt. 

Three thousand seven hundred fifty dollars ($3,750.00) shall be payable to the Abscntee 

Shawnee Tribe Gaming Commission and delivered to the tribal ~nming commission within 

thirty (30) days of the Effcctive Date OF [his Agreement. 

6. lfkthe Tribe fails to comply with this Apcrnent, thc NIGC Chairman reservcs Il-ic right to 

issue a civil f ne and/or a closurc order to resolve the Tribc's initial violation andtor hrcath 

of this Agecrnent. 

7. The Tribc aLmes upon execution of this Agreancnt to waive rhe right to further review the 

matters addressed in this Aqvrnent, including all rights to appeal to the full Commission 

2s sct forth in 23 C.F.R. Part 577, and judicial review pursuant to 35 U.S.C. 6 2714. 

Additional Covenants 

8. This Agrccmcnt constitutes the entirc agecmcnt betwcen the NIGC Chairman and thc 

Tribe rclating to the enforcement matter set forth in Notice of Violation No. NOV-08-09. 

-Any modifications or waiver of any term in this Agreement must bc in writing and signed 

hy both parties. 

9. The Tribc stipuIztes that this Agreement shall be deemed to be thc subjcxt of a final order 

of thc NIGC under 25 C.F. R. $ 575.4(~)(1) and a final agency action pursuant LO 25 C.F.R. 

g 5?7.0(d). 

10. The YIGC Chairman and thc Tribe exprcss~y agce and acknowledge that time is of thc 

cssencc in this Agccmcnt. Thc recitals herein shall be binding upon the parties, their 

agents, successors and assigns. 

1 1. The parties ape that upan the Effective Date, the Ageemmt shall be a public document 

and may be published or disclosed by either party. 

12. This Agreement may be executed on one or 

original. A signature produced by facsimllc 

shall be effective and binding for purpose of thc Agrkcment. 

Abscntee Shawnee Tribc 

UC~!!! fley&5J-&2-4; Scott Miller, Govcmor 

Date '