11. 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
upon the parties, their agents, heirs, personal representatives, successors and
assigns.

12. _A signature produced by facsimile shall be deemed to be an original signature and

shall be effective and binding for purpose of the

Squaxin Island Tribe Natighal Indi

By:
Philip N. Hogen
Chairman

We aa
Date



NATIONAL INDIAN GAMING COMMISSION

SETTLEMENT AGREEMENT

INTRODUCTION
This Settlement Agreement (“Agreement”) is entered into by and between James
L. Peters, Chairman of the Squaxin Island Tribe, 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-06-07.

RECITALS

Whereas, the Tribe acting through Squaxin Island Gaming Enterprises has
conducted gaming on Indian lands at a facility named Little Creek Casino Resort,
formerly known as Squaxin Island Bingo, in Shelton, Washington since approximately
November, 1992.

Whereas, the Chairman and the Tribe desire to resolve issues related to Notice of
Violation No. NOV-06-07.

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.


The Tribe agrees that it was required to submit a timely quarterly statement and
fee payment for Little Creek Casino Resort for the quarters ending December 31,
2005, September 30, 2005, June 30, 2005, June 30, 2004, December 31, 2003,
June 30, 2003, and December 31, 2001.

The Tribe agrees that it submitted the quarterly statement and fee payment for
Little Creek Casino Resort for the quarters ending December 31, 2005, September
30, 2005, June 30, 2005, June 30, 2004, December 31, 2003, June 30, 2003, and
December 31, 2001, 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 Seven Thousand Five Hundred
Dollars ($7,500). Three Thousand Seven Hundred and Fifty Dollars ($3,750) of
the fine will be paid on or before March 31, 2006. The remaining Three
Thousand Seven Hundred and Fifty Dollars ($3,750) will be suspended pending
the timely submission of the quarterly statement and fee payment for the quarter
ending March 31, 2006. Upon timely submission of the quarterly statement and
fee payment for Little Creek Casino Resort for the quarter ending March 31,
2006, the Chairman will forgive the suspended portion of the fine. The quarterly
submission will be considered timely if it is received by the Commission by
March 31, 2006. If the Tribe fails to submit Little Creek Casino Resort’s
quarterly statement and fee payment by such date, the suspended portion of the

fine will be paid on or before April 30, 2006.


10.

The Chairman agrees upon execution of this Agreement to waive the right to
impose any further civil fine for Notice of Violation No. NOV-06-07 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 Little Creek Casino Resort as outlined under 25 CFR.
§ 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-06-07, 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).