NATIONAL INDIAN GAMING COMMISSION 

NOTICE OF VIOLATTQN 

TO: Nooksack Gaming Commission 

Attn: Elizabeth Swanset, Chairperson (Agent for Service) 

P.O. Box 960 

Deming, WA 98244 

FAX: (360) 592-21 1 1 

Nooksack Indian Tribe 

Attn: Narcisco Cunanan. Chairman 

P.O. Box 157 

Deming, WA98244 

FAX: (360) 592-2125 

1. Notification of Violation 

']''he Chairman of the NationaI Indian Gaming Commission rNIGC") hereby gives notice that 

the Nooksack Indian Tribe ("Respondent" or "Tribe"), located in Deming, WA, has violated 

NIGC reguIations by failing td submit timely quarterly statements and fee payments for the 

quarters ending March 3 1,2009 and dune 30,2009. 

2. Authority 

Under the Indian Gaming Regulatory Act ("FGRA") 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. 8 2713: 25 C.F.R. 5 573.3. 

3. Applicable Federal Laws and Regulations 

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 class 11 or class 111 gaming activity. 

25 U.S.C. tj 2717. 

R. NIGC regulations require that each gaming operation under the jurisdiction of the 

Commission shalI pay to the Commission annual fees as estabIished 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 self-regulation provisions shall file wit11 the Commission a 

quartetIy statement showing its assessable gross revenues for the previous calendar year. 

25 C.F.R. $ 514.11~). 
D. The quarterly statements are due March 3 1, June 30, September 30, and December 3 1 of 

each calendar year the gaming operation is subject to the jurisdiction of the NIGC. 

25 C.F.R. 8 5 14.1(~)(2$. The quarterly statements shalI be transmitted to the Commission 

and arrive no later than the due date. 25 C.F.R. (j 5 14.1 (cj(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. 9 5 1 4.1 (c)(5). 

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

25 C.F.R. 5 5 14.1 (c)(9). 

G. NIGC regulations define "gaming operation" as "each economic entity that is licensed by a 

tribc, operates the games, receivcs 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. 9 502.10. 

4. Role of Quarterly Fees and QuarterIy Statements 

The annuaI fees collected by the NIGC 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. NXGC must set a fee rate suficient 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. Circumstances of the Violation 

A. Respondent is a federally recognized Indian Tribe with tribal headquarters in Deming, 

WA. 

B. 'The 'Iribe operated its gaming operations, the Nooksack River Casino and the Nooksack 

Northwood Casino, during all of calendar year 2008. 

C. The NIGC received untimely quarterly statements and fee payments as folluws: 

Ci) for quarter ending March 3 1,2009, received on June 3,2009,64 days late: and 

(ii) for quarter ending dune 30,2009, received on August 3,2009,34 days late. 

D. 'The Tribe's faiIure to submit timely quarterly statements and fee payments is a violation of 

NTGC regulations. 

6. Measures Required to Correct the Violation 

Mile there is no remedial action that can correct the untimely submission ofquarterIy 

statements and fees, improved controls to ensure timely submission of future quarterly 
statements and fees should be put in place. Moreover, to correct the on-going violation, the 

Tribe should immediately submit quarterly statements and the requisite fces. 

7. Appeal 

Within thirty (30) days aftcr service of this Notice of Violation, Respondent may appeal to the 

hl1 Commission under 25 C.F.R. Part 577 by submitting a notice of appeal, and, if desircd, 

request lor hearing to the National Indian Gaming Commission, 1441 I., Streel NW, Ninih 

FIoor, Washington, DC 20005. Respondent has a right to assistance of counsel in such an 

appeal. A notice of appeaI must reference this Notice of Violation. 

Within ten (10) days after filing a notice of appeal. Respondent must fiIc with the Commission 

a supplemental statement that states with particularity the reIief desired and the grounds 

thercfore: and that includes, when avaiIable, supporting evidence in the form of afidavits. If 

Respondent wishes to present oral testimony or witnesses at the hearing, Respondent must 

include a request to do so with the supplemental 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 closed hearing is requested and why. Respondent may 

waives its right to an oral hearing and instead eIect to have the matter determined by the 

Commission solely 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 (1 5) days 

after service of this notice of violation (or such longer period as the Chairman may grant for 

good cause). The Chaiman shall consider any infomation submitted in determining the facts 

surrounding the violation and the amount of the civil fine, if any. 

9. Assessment of Interest 

rates set by the Secretary of the Treasury on amounts remaining 

31 U.S.C. 9 3717 and 25 C.F.R. $ 514 .l(c)(IO). 

Chairman 

/---- I 

ARMANDO J. ACOSTA 

Staff Attorney 
Certificate of Service 

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

U.S. mail, return receipt requested, on this 3oth day of September, 2009 to: