NATIONAL INDIAN GAMING COMMISSION 

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NOTICE 

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OF VIOLATION 

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TO: Raymond Parker Jr. (Agent for Service of Process) 

Chairman 

aippewa Cree Tribe 

RR1 Box 544 

Box Elder, MT 59521 

FAX: (406) 3955702 

Joseph Lafrernboise 

Chairman 

Chippewa Cree Tribal Gaming Commission 

RRI Box 544 

Box Elder, MT 59521 

FAX: (406) 395-5702 

1. Notification of Violation 

The Chairman af the MationaI Indian Gaming Commission (NIGC) hereby 

gives notice that the Chippewa Cree Tribe (Respondent or Tribe), located 

in Box Elder, Montana, has vioIated NIGC regulations by faiIing to submit 

quarterly statements and fee payments for all quarters of calendar year 

2008. 

2. Authority 

Under the Indian Gaming ReguIatory Act (IGRA) and NIGC regulations, 

the Chairman of the NIGC (Chairman) may issue a Notice of Violation 

(NOV) to any person for violation of any provision of the IGRA, NIGC 

regulations, or any provision of a tribal gaming ordinance or resolution 

approved by the Chairman. 25 U.S.C. 5 2713; 25 c.F.~. 5 573.3. 
3. Applicable Federal Laws and Tribal Ordinance Provisions 

A. IGRA requires the NIGC to establish a schedule of fees to be paid to 

the Commission annually by each gaming operation that conducts 

a cIass I1 or class 111 gaming activity. 25 U.S.C. 3 2717. 

B. NIGC regulations require that each gaming operation under the 

jurisdiction of the Commission shall pay to the Commission annual 

fees as established by the Commission. 25 C.F.R. 5 514.l(a). 

C. Each gaming operation subject to the jurisdiction of the 

Commission and not exempt from paying fees pursuant to the selfreguIation provisions shall fiIe with the Commission a quarterly 

statement showing its assessable gross revenues for the previous 

calendar year. 25 C.F.R. § 514.2(c). 

D. The quarterIy statements are due March 31, June 30, September 30, 

and December 31 of each calendar year the gaming operation is 

subject to the jurisdiction of the NIGC. 25 C.F.R. 5 514.1(~)(2). The 

quarterly statements shall be transmitted to the Commission and 

arrive no later than the due date. 25 C.F.R. 3 524.1(~)(4). 

E. NIGC regulations require each gaming operation to remit. to the 

Commission the fees due each quarter with the quarterly statement. 

25 C.F.R. 5 514.l(c)(5). 

F. The NIGC may assess a penalty for failure to file timely a quarterly 

statement. 25 C.F.R. § 514.1(~)(9). 

G. NIGC regulations define "gaming operation" as "each economic 

entity that is Iicensed by a tribe, operates the games, receives the 

revenues, issues the prizes and pays the expenses." A gaming 

operation 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. 5 502.10. 

4. Role of Quarterly Fees and Quarterly Statements 

The annuaI fees collected by the NIGC are necessary in order to fund the 

agency's oversight and repIation of Indian gaming and are based upon 
the quarterly statements submitted by Indian gaming operations. NIGC 

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 NIGC receive 

quarterly statements from the gaming operations in a timely manner so 

that the NIGC is able to set accurate preliminary and final fee rates. 

5. Circumsbnces of the Violation 

A. Respondent is a federdly recognized Indian tribe with tribal 

headquarters in Box Elder, Montana. 

B. The Tribe operated its gaming operation, Northern Winz Casino, 

during all or part of 2007 and 2008. 

C. The NIGC has not received any quarterly statements or fee 

payments for the Northern Winz Casino. 

D. The Tribe has vioIated NIGC regulations by failing to submit 

quarterIy statements and fee payments. 

6. Measures Required to Correct the VioIation 

While there is no remedial action that can correct the untimely submission 

of quarterly statements and fees, improved controIs to ensure timeIy 

submission of future quarterIy statements and fees should be put in place. 

7. Appeal 

Within thirty (30) days after service of this Notice of Violation, 

Respondent may appeaI to the £1111 Commission under 25 C.F.R. Part 577 

by submitting a notice of appeal, and, if desired, request for hearing to the 

National Indian Gaming Commission, 1442 L Street NW, Ninth Floor, 

Washington, DC 20005. Respondent has a right to assistance of counsel Fn 

such an appeal. A notice of appeal must reference this Notice of Violation. 

Within ten (10) days after filing a notice of appeal, Respondent must file 

with the Commission a suppIernental statement that states with 

particularity the relief desired and the grounds therefore and that 

includes, when avaiIabIe, supporting evidence in the form of affidavits. If 

Respondent wishes to present oral testimony or witnesses at the hearing, 
Respondent must include a request to do so with the suppIementa1 

statement. The request to present oral testimony or witnesses must 

specify the names of proposed witnesses and the general nature of their 

expected testimony, whether a dosed hearing is requested and why. 

Respondent may waives its right to an oraI hearing and instead elect to 

have the rnafAer determined by the ColMlrsission soIely on the basis of 

written submissions. 

8. Fine-Submission of Information 

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

against Respondent in an amount not to exceed $25,000 per violation per 

day. Under 25 C.F.R. 3 575.5(a$, Respondent may submit written 

information about the violation to the Chairman within fifteen (15) days 

after service of this notice of violation (or such Ionger period as the 

Chairman may grant for good cause). The Chairman shall consider any 

information submitted in determining the facts surrounding the vioIation 

and the amount of the civil fine, if any. 

9. Assessment of Interest 

Interest may be assessed at rates set by the Secretary of the Treasury on 

amounts remaining unpaid after their due date. 31 U.S.C. 5 3717 and 25 

C.F.R. 5 514 -1 (c)(10}. 

10. Order of Temporary Closure 

FaiIure to pay the fees required by 25 C.F.R. 5 514.1 constitutes a 

substantial vioIation of NIGC regulations, which couId result in the 

issuance of a temporary closure order. 25 C.F.R. §573.6(a$(2). Tn addition, 

the failure to pay fees, any applicable penalties, and interest related 

thereto may be grounds for closure. 25 C.F.R. 5 514 .l(e)(l). 

11. Revocation of Ordinance 

The failure to pay fees, any appIicable penalti es, and interest related 

thereto is grounds for the disapprovaI or the revocation of approval of the 

Chairman of any Iicense, ordinance, or resolution required under the 

IGRA for the operation of gaming. 25 C.F.R. 5 514 .l(e)(2). 

Certificate of Service 

I certify that this Notice of Violation was sent by facsimile transmission and certified 

U.S. mail, return reccipt requested, on this 13'~ day of April, 2009 to: