National Indian Gaming Commission 

SETTLEMENT AGREEMENT v. 

SA-09- 1 7 . 

6 

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INTRODUCTION 

This Settlement Agreement (Agreement) is entcred into by and het~vecn the Port 

Gamble S'Klallam Tribe (Tribe or Tribes). a federally-recognized Indian tribe. and the 

Chairman of the National Indian Gaming Commission (NIGC Chairman). relating to the 

matter contained in the NBGC Chairman's Notice of Violation No. NOV-09-17. 

1. Whereas. the Indian Gaming Regulatory Act (IGRA) authorizes the N IGC 

Chairman ta issue civil tines for violations of the IGU. National Indian Gaming 

Commission (NIGC) regulations. or tribal regulations, ordinances. or resolutions 

approved by the NIGC Chairman under 25 U.S.C. 88 2710,2712. 25 U.S.C.8 

27 13(a)( 1 ). 

2. Whereas. under the regulations of the NIGC. 23 C .F.R. $ 573.3(a). the N IGC 

Chairman may issue a Notice of Violation (NOV) to any person for violalions of 

any provision of the IGRA. NPGC regulations, or any provision of a tribal _earning 

ordinance or resolution approved by the Chairman. 

3. Whereas. on April 2, 2009. the N IGC Chairman issued NOV-09- 1 7 for the 

Tribe's hilure to submit timely quarterly statements and fees for thc quarters 

ending June 30. Scpternber 30, and December 3 1 of calendar year 2008. 

4. Whcreas. the NlGC Chairman and thc Tribe desire to achieve an amicable 

resolution of Notice of Violalion No. NOV-09-3 7. 

5. Therefore. the Chairman and the Tribe have asreed to execute this Agreement and 

perform in accordance wit11 the following covenants and conditions: 

TERMS OF SETTLEMENT 

6. This Agreement is entcred into pursuant to 25 C.F.R. 9 575.6(b) and shall be 

effective upon the date that it is signed by the last party to sign this Agreement 

(E f'fcct ive Date). 
7. The Tribe agrees that it was required to submit timely quarterly statements and 

fee payments to the NIGC for Point No Point Casino For the calendar year 2008. 

8. The Tribe agrees that it submitted the quarterly statement and fcc payment for 

Point No Point Casino for the quarters ending junc 30. September 30. and 

December 3 1 calendar year 2008 to the NIGC in an untimely fashion. 

9. The Tribe agrees that the failure to submit timely quarterly statcrnents and fee 

payments for its gaming operation violates NIGC regulations. 

10. The Tribe agrecs to pay a civil fine of five thousand three hundred dollars 

($5,300). made payablc to the U.S. Treasurv and delivered to the N1GC. Tuw 

thousand six hundred and fifty dollars ($3.650) of the fine shall be due within 

thirty (30) days after the Effective Dare ofthis Agreement. 

1 1. me remaining two thousand sis hundred and dollars ($2,650) will he 

suspended pending the following the NlGC's timely rcceipt of all quarterly 

statements and fee payments due for the quatter ending on June 30.2009. If the 

quarterly statement or fee payment is not submitted in a timely manner. trvo 

thousand sis hundred and fie dollars ($2,650) will become payable 30 days after 

the delinquent quarterly statement or fee payment was due. 

12. By entering this Agreement, the NlGC Chaiman agrees to waive his right to 

impose any additional civil line or a closure order against the Tribe for the matters 

addressed in NOV-09-17. provided that if the 'Tribe fails to comply with this 

Agreement. the NIGC Chairman ma) issue a proposed civil fine to resolve the 

Tribe's violation andlnr breach of this Agrcernenr. 

13. The Tribe aFees upon execution of Zhis Agreement to waive the risht to further 

review of matters addressed in this Agreement. including all rights lo appeal to 

the f~ill Commission as set forth in 25 C.I:.R. Pact 577 and judicial review 

pursuant to 25 1I.S.C. 5 27 14. 

ADDITIONAL COVENANTS 

14. This Agreement constitutes the entire agreement between the NIGC Chairman 

and the Tribe relating to the enforcement matter set forth at the beginning of this 

Agreement, Any modification or waiver of any term of this Agreement must be 

in writing and signed by both parties. 

15. The Tribe agrtcs that this Agreement shall be deemed to be the sl~bjecl of a final 

order of the NlGC under 35 C.F.R. 4 575.3(c)(\ ) and a final agency action 

pursuant to 25 C.F.R. 5 577.9(d). 
16. The NIGC Chairman and the Tribe expressly agree and acknowledge that time is 

of the essence in this Acyecment. The recitals herein shaII be binding upon the 

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

17. The parties agree that after the Effective Date. this Apement shall he a public 

document and may be pub1 ished or disclosed by either paw. 

I 8. This Agreement may be executed on one or more counterparts and each shall 

constitute an original. A sigature produced by facsimile shall be deemed to be 

an original siwature and shall be effective and binding for purpose of the 

Ageernent. 

Port Gamble S'Klallam Tribe National Indian Gaming Cornmission 

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Ronald G. Charles, Chairman Philip N. Hop, Chairman 

Date: .1?/34( 15,