upon the parties, their agents, heirs, personal representatives, successors and
assigns.

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

shall be effective and binding for purpose of the Agree

Sisseton- Wahpeton Oyate of National Indiay
the Lake Traverse Reservation



Rational Iudian Gaming Commission

SETTLEMENT AGREEMENT

INTRODUCTION
This Settlement Agreement (“Agreement”) is entered into and effective this__ th
day of March, 2005, by and between James Crawford, Chairman of the Sisseton-
Wahpeton Oyate of the Lake Traverse Reservation, a federally-recognized Indian tribe
(“Tribe”) and Philip N. Hogen, the Chairman of the National Indian Gaming Commission

(“Chairman”) relating to the matters contained in Notice of Violation No. NOV-05-04.

RECITALS
Whereas, the Tribe has conducted gaming on Indian lands at a facility named
Dakota Connection Casino & Bingo in Sisseton, South Dakota since approximately
January, 1991;
Whereas, the Chairman and the Tribe desire to resolve issues related to Notice of
Violation No. NOV-05-04.
Therefore, 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 pursuant to 25 C.F.R. § 575.6 (b) and shall be
effective upon the signature of all parties.
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The Tribe agrees that it was required to submit a timely quarterly statement and
fee payment for the Dakota Connection Casino & Bingo for the quarter ending
December 31, 2004.

The Tribe agrees that it submitted the quarterly statement and fee payment for
Dakota Connection Casino & Bingo for the quarter ending December 31, 2004, to
the NIGC in an untimely fashion.

The Tribe acknowledges that the failure to submit quarterly statements and fee
payments in a timely fashion is a violation of NIGC regulations.

The Tribe agrees to pay a fine in the amount of Two Thousand dollars ($2,000).
One Thousand dollars ($1,00) of the fine will be paid on or before April 30, 2005.
The remaining One Thousand dollars ($1,000) will be suspended pending the
timely submission of the quarterly statements and fee payments for the quarters
ending March 31, 2005, and June 30, 2005. Upon timely submission of the
quarterly statements and fee payments for the Dakota Connection Casino & Bingo
for the quarters ending March 31, 2005, and for the quarter ending June 30, 2005,
the Chairman will forgive the suspended One Thousand dollar ($1,000) fine.
Each quarterly submission will be considered timely if it is received by the NIGC
by March 31, 2005, and June 30, 2005, respectively. If the Tribe fails to submit
the Dakota Connection Casino & Bingo quarterly statements and fee payments by
such dates, the remaining One Thousand dollar ($1,000) of the fine will be paid
on or before August 30, 2005.

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

impose any further civil fine for Notice of Violation No. NOV-05-04 against the


Tribe, unless the Tribe fails to comply with this Agreement. If the Tribe fails to
comply with this Agreement, the Chairman reserves the right to initiate an
enforcement action against the Dakota Connection Casino & Bingo as outlined
under 25 C.F.R. § 573.6.
The Tribe agrees upon execution of this Agreement to waive its right, if any, to
further review of Notice of Violation No. NOV-05-04, including all rights to
appeal to the full Commission as outlined in 25 C.F.R. § 577 et seq. and judicial
review pursuant to 25 U.S.C. § 2714.
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
This Agreement constitutes the entire agreement between the Chairman and the
Tribe and supersedes all prior verbal or written agreements and understandings
between the parties related to the subject matter hereof. No warranties,
representations, covenants, or agreements shall be binding upon any party except
as set forth herein. Any modification or waiver of any term of this Agreement,
including the modification or waiver of term, must be in writing and signed by
both parties.
The Tribe stipulates that the Notice of Violation shall be deemed a final order of
the Commission and a final agency action pursuant to 25 C.F.R. § 577.9(d).
The Chairman and the Tribe expressly agree and acknowledge that time is of the

essence in this Agreement. The recitals herein and above set shall be binding